EryriLabs/llama-3.2-uk-legislation-3b
Updated
•
20
text
stringlengths 316
2.75M
|
|---|
The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment No. 2) Order 2012
The Secretary of State, in exercise of powers conferred by section 128(2) of the Serious Organised Crime and Police Act 2005 , makes the following Order:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment No. 2) Order 2012 and shall come into force on the day after the day on which it has been laid before Parliament.
2
This Order extends to England and Wales only.
2
1
The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 is amended as follows.
2
In article 2(1)(g), for “the sites described in paragraphs (2) to (11)” substitute “the sites described in paragraphs (2) to (12)”.
Theresa May
Secretary of State
Home Office
26th October 2012 |
The Housing (Right to Buy) (Limit on Discount) (England) Order 2012
The Secretary of State for Communities and Local Government makes the following Order in exercise of the powers conferred by section 131 of the Housing Act 1985 :
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Limit on Discount) (England) Order 2012 and shall come into force on 2nd April 2012.
2
This Order applies in relation to England only .
3
In this Order a reference to a numbered section is to the section of the Housing Act 1985 bearing that number.
Period of account
2
The period of time specified for the purpose of section 131(1)(a) shall be —
a
ten years (instead of the period of eight years mentioned in that section) in relation to dwelling-houses built or acquired by the landlord prior to 2 April 2012; and
b
fifteen years (instead of that period of eight years) in relation to dwelling-houses built or acquired by the landlord on or after 2 April 2012.
Maximum discount
3
The sum prescribed for the purpose of section 131(2) is £75 000.
Application
4
1
This Order applies where —
a
a notice pursuant to section 122(1) is served after the date this Order comes into force; or
b
before that date a notice pursuant to that subsection has been served but the conveyance or grant under Part V of the Housing Act 1985 has not yet taken place.
2
Where paragraph (1)(b) applies and the notice served by the landlord under section 125 (Landlord’s notice of purchase price and other matters)(“the section 125 notice”) has been served on the tenant —
a
the statement in the section 125 notice of —
i
the price at which the tenant is entitled to have the freehold conveyed or the lease granted to him is to be a read as a statement of the price (if different from the price stated in the notice) resulting from the application of the limit on the amount of discount provided for under section 131(2) as set out in this Order; and
ii
the discount to which the tenant is entitled shall be read accordingly;
b
if the price stated in the section 125 notice as originally served is different from the price applicable in accordance with this paragraph, the section 125 notice must be amended by the landlord to include the latter price and served upon the secure tenant; and
c
the discount to be applied under section 126 shall be the discount as calculated applying the limits on the amount of discount provided for under section 131(2) set out in this Order.
3
The requirements in paragraph (2) do not affect the time limits set in sections 125D and 125E or the valuation of the dwelling-house under section 127.
4
Where paragraph (1)(b) applies and the section 125 notice has not been served by the landlord, the landlord shall ensure that the notice, when served, states the amount of discount to which the tenant is entitled by reference to the limits provided for under section 131(2) as set out in this Order.
Revocation
5
The Housing (Right to Buy) (Limits on Discount) Order 1998 is revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
7th March 2012 |
The Jurors’ Allowances (Amendment) Regulations 2012
The Lord Chancellor, with the consent of the Minister for the Civil Service, makes the following Regulations in exercise of the power conferred by section 19(1) of the Juries Act 1974 :
Citation and commencement
1
These Regulations may be cited as the Jurors’ Allowances (Amendment) Regulations 2012 and come into force on 30th July 2012.
Amendments to the Jurors’ Allowances Regulations 1978
2
The Jurors’ Allowances Regulations 1978 are amended as follows.
3
After regulation 7 (subsistence allowance to which a juror is entitled) insert —
7A
A payment by way of allowance under section 19 of the Act will not be made to a juror summoned on or after 30th July 2012 to serve on a jury, unless that juror claims that payment within the period of 12 months beginning on the day following the final day on which he or she attends for service as a juror.
Signed by the authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
5th July 2012
I consent
Francis Maude
For the Minister for the Civil Service
11th July 2012 |
The Energy Performance of Buildings (England and Wales) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 74 of the Energy Act 2011 .
PART 1 Introductory
Citation, application, extent and commencement
1
1
These Regulations may be cited as the Energy Performance of Buildings (England and Wales) Regulations 2012.
2
Subject to regulation 5 and any other exemptions in these Regulations, and notwithstanding section 4 of the Building Act 1984 , these Regulations apply to all buildings including buildings which are exempt from building regulations by virtue of that section.
3
These Regulations extend to England and Wales.
4
These Regulations shall come into force on 9th January 2013.
Interpretation
2
1
In these Regulations —
“accreditation scheme” means a scheme approved by the Secretary of State in accordance with —
regulation 22; or
regulation 30 of the Building Regulations 2010 ;
“air-conditioning system” means a combination of all the components required to provide a form of air treatment in which the temperature is controlled or can be lowered, and includes systems which combine such air treatment with the control of ventilation, humidity and air cleanliness;
“asset rating” means a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of a building, calculated according to the methodology approved by the Secretary of State pursuant to regulation 24 of the Building Regulations 2010;
“authorised recipient” means —
either House of Parliament (or a member or officer thereof);
a government department;
a person or body (other than a government department or the Welsh Ministers) to which section 6 of the National Audit Act 1983 applies;
the Welsh Ministers;
the National Assembly for Wales;
the Scottish Parliament, the Scottish Executive, an office-holder in the Scottish Administration or a Scottish Public Authority;
the Northern Ireland Assembly or a Northern Ireland Department;
a county council, district council or parish council in England;
a London borough council;
the Common Council of the City of London;
the Greater London Authority;
a local authority within the meaning of section 61 of the Local Government in Scotland Act 2003 ;
a local authority within the meaning of section 175 of the Local Government (Wales) Measure 2011 ;
a council of a district or borough within the meaning of the Local Government Act (Northern Ireland) 1972 ;
a university, including a university college (or any institution in the nature of a college in a university) or a school or hall of a university;
a provider of higher education as defined in section 579(1) of the Education Act 1996 (“the 1996 Act ”) (other than one mentioned in paragraph (o) above);
a provider of further education as defined in section 2(3) to (5) of the 1996 Act ;
a charity whose purposes include —
the conduct of research into the earth’s climate or environment or research into the construction, design or use of buildings, or
the promotion of energy efficiency in buildings;
a registered provider of social housing;
a person who operates an accreditation scheme approved by the Secretary of State under regulation 22;
a green deal relevant person;
the holder of a licence under section 6(1)(c) or (d) of the Electricity Act 1989 (distribution and supply licences) which has been modified by the Secretary of State under section 41(1) of the Energy Act 2008 (power to amend licence conditions etc : feed-in tariffs); and
a person (other than a natural person) who is certificated under the scheme known as the “Microgeneration Certification Scheme” ;
“building” means a roofed construction having walls, for which energy is used to condition the indoor climate;
“building envelope” means the integrated elements of a building which separate its interior from the outdoor environment;
“building unit” means a section, floor or apartment within a building which is designed or altered to be used separately;
“bulk access data” means any data entered onto a register as required by regulation 27(2);
“display energy certificate” means a certificate which complies with regulation 15;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;
“energy assessor” means an individual who is a member of an accreditation scheme;
“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
“energy performance certificate” means a certificate which —
in the case of a certificate entered on the register before 9th January 2013 complied with the requirements of regulation 11(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 ;
in the case of a certificate entered on the register on or after 9th January 2013 complies with the requirements of regulation 9(1) of these Regulations; or
complies with the requirements of regulation 29 of the Building Regulations 2010;
“general access data” means information that is required by these Regulations to be included in an energy performance certificate, a display energy certificate, an inspection report, or a recommendation report;
“green deal plan” means an energy plan which is a green deal plan in accordance with section 1(3) of the Energy Act 2011;
“green deal relevant person” means a person who, after the coming into force of framework regulations made under section 3(1) of the Energy Act 2011 —
is authorised by the Secretary of State to act as a green deal provider pursuant to those regulations,
is a body specified or authorised for the purposes of subsection (1)(a) of that section, or
operates a scheme for the purpose of assessing whether persons are qualified to act as advisors in relation to green deal plans;
“inspection report” means a report issued by an energy assessor in accordance with regulation 19(1);
“keeper of the register” means the Secretary of State, or the person keeping a register on the Secretary of State’s behalf;
“nominated date”, in relation to a display energy certificate, means a date no later than three months after the end of the period over which the operational rating is calculated, which is nominated by the energy assessor who issued the certificate;
“operational rating” means a numeric indicator of the amount of energy consumed during the occupation of the building over a period of 12 months ending no earlier than three months before the nominated date, calculated according to the methodology approved by the Secretary of State for the purposes of regulation 24 of the Building Regulations 2010;
“penalty charge notice” means a notice given pursuant to regulation 36;
“personal data” has the meaning given in section 1(1) of the Data Protection Act 1998 ;
“register” means a register required to be maintained under regulation 27;
“relevant person” (other than in the phrase “green deal relevant person”) means —
in relation to a building which is to be sold, the seller;
in relation to a building which is to be rented out, the prospective landlord;
in relation to an air-conditioning system, the person who has control of the operation of the system; and
in relation to a building which is constructed, the person who carries out the construction;
“report reference number” means the unique number assigned by the keeper of the register to each energy performance certificate or display energy certificate;
“total useful floor area” means the gross floor area as measured in accordance with the guidance issued from time to time by the Royal Institution of Chartered Surveyors or by any body replacing that Institution.
Meaning of “prospective buyer or tenant”
3
A person becomes a prospective buyer or tenant in relation to a building when he or she —
a
requests any information about the building from the relevant person or the relevant person’s agent for the purpose of deciding whether to buy or rent the building;
b
makes a request to view the building for the purpose of deciding whether to buy or rent the building; or
c
makes an offer, whether oral or written, to buy or rent the building.
Recommendation reports
4
1
In these Regulations, a “recommendation report” means recommendations made by an energy assessor for the cost-effective improvement of the energy performance of a building or building unit.
2
A recommendation report made on or after 9th January 2013 must include —
a
recommended cost-effective measures that could be carried out in connection with a major renovation of the building envelope or technical building systems;
b
recommended cost-effective measures for individual building elements that could be carried out without the necessity for a major renovation of the building envelope or technical building systems;
c
an indication as to how the owner or tenant can obtain more detailed information about improving the energy efficiency of the building, including more detailed information about the cost-effectiveness of the recommendations; and
d
information on the steps to be taken to implement the recommendations.
3
Any cost-effective measure which the energy assessor recommends must be technically feasible for the building to which the recommendation report relates.
4
A recommendation report made on or after 9th January 2013 ceases to be valid at the end of the following periods —
a
for a report which is included in an energy performance certificate, ten years from the date of that certificate;
b
for a report which is required to be held in respect of the building under regulation 14(3)(a) —
i
where the nominated date applying to the report is before 9th January 2013, seven years, or
ii
where the nominated date applying to the report is on or after 9th January 2013, ten years.
5
In this regulation —
a
“building envelope” has the meaning given in regulation 29A(4) of the Building Regulations 2010 .
b
“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; and
c
“technical building systems” means technical equipment for the heating, cooling, ventilation, hot water, lighting (or for any combination thereof) of a building or building unit.
PART 2 Duties relating to Energy Performance Certificates
Application of Part 2
5
1
This Part does not apply to —
a
buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;
b
buildings used as places of worship and for religious activities;
c
temporary buildings with a time of use of two years or less;
d
industrial sites, workshops and non-residential agricultural buildings with low energy demand;
e
non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;
f
residential buildings which are used or intended to be used —
i
for less than four months of the year, or
ii
for a limited annual time of use and with an expected energy consumption of less than 25% of what would be the result of all-year use; and
g
stand-alone buildings with a total useful floor area of less than 50m².
2
Nothing in this Part requires an energy performance certificate to be given or made available to a prospective buyer or tenant at any time before the construction of the building has been completed.
Energy performance certificates on sale and rent
6
1
Subject to regulation 8, this regulation applies where a building is to be sold or rented out.
2
The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant —
a
at the earliest opportunity; and
b
in any event no later than whichever is the earlier of —
i
in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or
ii
in the case of a person who makes a request to view the building, the time at which the person views the building.
3
Paragraph (2) does not apply if the relevant person believes on reasonable grounds that the prospective buyer or tenant —
a
is unlikely to have sufficient means to buy or rent the building;
b
is not genuinely interested in buying or renting a building of a general description which applies to the building; or
c
is not a person to whom the relevant person is likely to be prepared to sell or rent out the building.
4
Nothing in paragraph (3) authorises the doing of anything which constitutes an unlawful act of discrimination.
5
The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.
Energy performance certificates on marketing
7
1
Subject to regulation 8, this regulation applies where —
a
a building is to be sold or rented out; and
b
no valid energy performance certificate is available for that building.
2
Before the building is put on the market, the relevant person must secure that an energy performance certificate is commissioned for the building.
3
Before marketing the building, a person acting on behalf of the relevant person must be satisfied that an energy performance certificate has been commissioned for the building.
4
The relevant person and a person acting on behalf of the relevant person must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the building before the end of a period of 7 days starting with the day on which the building was first put on the market.
5
Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.
6
In this regulation —
a
“the market” means the property market in England and Wales;
b
a building is put on the market when the fact that it is or may become available for sale or rent is, with the intention of marketing the building, first made public in England and Wales by or on behalf of the relevant person;
c
a fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public;
d
an energy performance certificate is commissioned when a request is made —
i
which is properly addressed to an energy assessor who is accredited to produce energy performance certificates for the category of building in question, and
ii
which is in such form, contains all such information and is accompanied by such payment or undertaking to make such payment as is usually necessary to obtain a certificate.
Buildings to be demolished
8
1
Regulations 6 and 7 do not apply in relation to a dwelling which is to be sold or rented out where the relevant person can demonstrate that —
a
the dwelling is suitable for demolition;
b
the resulting site is suitable for redevelopment;
c
all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and
d
in relation to the redevelopment —
i
either outline planning permission or planning permission exists, or both; and
ii
where relevant, listed building consent exists.
2
Regulation 6 does not apply in relation to any prospective buyer or tenant of a building other than a dwelling which is to be sold or rented out where —
a
the relevant person can demonstrate that —
i
the building is to be sold or rented out with vacant possession;
ii
the building is suitable for demolition; and
iii
the resulting site is suitable for redevelopment; and
b
the relevant person believes on reasonable grounds that the prospective buyer or tenant intends to demolish the building.
3
Regulation 7 does not apply in relation to a building other than a dwelling which is to be sold or rented out where the relevant person can demonstrate that —
a
the building is to be sold or rented out with vacant possession;
b
the building is suitable for demolition;
c
the resulting site is suitable for redevelopment;
d
all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and
e
in relation to the development —
i
either outline planning permission or planning permission exists, or both; and
ii
where relevant, listed building consent exists.
Energy performance certificates
9
1
An energy performance certificate entered on the register on or after 9th January 2013 must —
a
express the asset rating of the building in a way approved by the Secretary of State under regulation 24 of the Building Regulations 2010 ;
b
include a reference value such as a current legal standard or benchmark;
c
be issued by an energy assessor who is accredited to produce energy performance certificates for the category of building to which the certificate relates;
d
include a recommendation report unless there is no reasonable potential for energy performance improvements compared to the energy performance requirements in force;
e
include the following information —
i
the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 27;
ii
the address of the building;
iii
an estimate of the total useful floor area of the building; and
iv
the date on which it was issued; and
f
be valid in accordance with paragraph (2).
2
An energy performance certificate is only valid for the purposes of this Part if —
a
it was entered on the register no more than 10 years before the date on which it is made available; and
b
no other energy performance certificate for the building has since been entered on the register.
3
An energy performance certificate must not contain any information or data (except for the address of the building) from which a living individual (other than the energy assessor or his employer) can be identified.
4
Certification for building units on or after 9th January 2013 may be based —
a
for a non-residential building, on a common certification of the whole building for blocks with a common heating system; or
b
on the assessment of another representative apartment or unit in the same block..
5
Certification on or after 9th January 2013 for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
Display of energy performance certificates
10
1
This regulation applies to a building, other than a dwelling, which satisfies all the following requirements —
a
it has a total useful floor area of more than 500m²;
b
it is frequently visited by the public; and
c
an energy performance certificate has been made available in accordance with —
i
regulation 6, or
ii
regulation 29(2) of the Building Regulations 2010.
2
In a building to which this regulation applies, the energy performance certificate must be valid, and must be displayed in a prominent place clearly visible to members of the public who visit the building.
Statement of energy performance indicator
11
1
This regulation applies to —
a
a building having a valid energy performance certificate
b
a building unit in such a building, and
c
a building unit having a valid energy performance certificate.
2
Where a building or building unit to which this regulation applies is offered for sale or rent on or after 9th January 2013, the asset rating of the building expressed in the energy performance certificate must be stated in any advertisement of the sale or rental in commercial media.
Production of copies of energy performance certificates
12
Where this Part requires a relevant person to give or make available a valid energy performance certificate to any person, it is sufficient for the relevant person to give or make available a copy of a valid certificate.
Electronic production of energy performance certificates
13
Where regulation 6(2) or 6(5) requires a valid energy performance certificate to be given or made available to any person, the certificate may be given or made available electronically if the intended recipient consents to receiving the certificate electronically.
PART 3 Display Energy Certificates
Duties relating to display energy certificates and recommendation reports
14
1
This regulation applies on and after the specified date to buildings occupied by public authorities and frequently visited by the public.
2
In this regulation the specified date is —
a
for buildings with a total useful floor area of over 500m², 9th January 2013; and
b
for buildings with a total useful floor area of between 250m² and less than 500m², 9th July 2015.
3
Every occupier of a building to which this regulation applies must —
a
have in its possession or control at all times a valid recommendation report relating to the building unless there is no reasonable potential for energy performance improvements compared to the energy performance requirements in force; and
b
display at all times a valid display energy certificate in a prominent place clearly visible to members of the public who visit the building.
4
A display energy certificate for a building to which this regulation applies is valid for the following period —
a
12 months beginning with the nominated date where the total useful floor area of the building is over 1,000m²; or
b
10 years beginning with the nominated date in the case of any other building.
Display energy certificates
15
A display energy certificate must —
a
subject to regulation 16, express the operational rating of the building in a way approved by the Secretary of State under regulation 24 of the Building Regulations 2010;
b
show the operational ratings for the building which were expressed in any certificates displayed by the occupier during the two years before the nominated date;
c
include a reference value such as a current legal standard or benchmark;
d
be issued by an energy assessor who is accredited to produce display energy certificates for that category of building;
e
include the following information —
i
the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 27;
ii
the address of the building;
iii
the total useful floor area of the building;
iv
the name of the energy assessor who issued it;
v
the name and address of the energy assessor’s employer, or, if he is self-employed, the name under which he trades and his address;
vi
the date on which it was issued;
vii
the nominated date; and
viii
the name of the approved accreditation scheme of which the energy assessor is a member.
Change of occupier
16
Regulation 15(a) does not apply in relation to a display energy certificate which is displayed by an occupier of a building at any time before that occupier has been in occupation of the building for 15 months.
PART 4 Inspection of Air-conditioning systems
Application and interpretation of Part 4
17
1
This Part applies to air-conditioning systems with an effective rated output of more than 12 kW .
2
Where the relevant person has the power to control the temperature of more than one individual air-conditioning unit in a building, each unit shall be considered to be a component of a single air-conditioning system for the purposes of paragraph (1).
3
In this Part, “effective rated output” means the maximum calorific output specified and guaranteed by the manufacturer of the system as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer.
Inspections of air-conditioning systems
18
1
It is the duty of the relevant person in relation to an air-conditioning system to which this Part applies to ensure that the system is inspected by an energy assessor at regular intervals not exceeding five years.
2
The first inspection of the system must take place before the relevant date.
3
In this regulation, “the relevant date” —
a
where the system is first put into service on or after 1st January 2008, means the last day of the period of five years beginning with the date on which the system is first put into service; and
b
where paragraph (a) does not apply —
i
in the case of a system with an effective rated output of more than 250kW, means 4th January 2009; or
ii
in the case of a system with an effective rated output of more than 12kW, means 4th January 2011.
Reports
19
1
Where an energy assessor undertakes an inspection of the system he must make a written report of the inspection and give it to the relevant person as soon as practicable after completing the inspection.
2
The inspection report must include an assessment of the air-conditioning efficiency and the sizing of the system compared to the cooling requirements of the building, and contain appropriate advice on possible improvements to the system, replacement of the system and alternative solutions.
3
The inspection report must be in a form including the following information —
a
the reference number under which the set of data from which the report may be produced has been entered onto the register in accordance with regulation 27;
b
the address of the building in which the system is located;
c
the name of the energy assessor;
d
the name and address of the energy assessor’s employer, or, if such a person is self-employed, the name under which that person trades and their address;
e
the date on which the inspection occurred; and
f
the name of the approved accreditation scheme of which the energy assessor is a member.
Keeping of records etc
20
1
The relevant person must keep the most recent inspection report made by an energy assessor pursuant to regulation19.
2
Where the relevant person changes, the previous relevant person must give to the new relevant person any inspection report kept by him under this regulation.
Changes of relevant person
21
Where —
a
the relevant person changes; and
b
the new relevant person is not given any inspection report,
the new relevant person must ensure that the system is inspected within three months of the day on which he becomes the relevantperson.
PART 5 Energy Assessors
Accreditation schemes
22
1
An energy assessor must be a member of an accreditation scheme approved by the Secretary of State.
2
The terms of approval of any accreditation scheme may be limited in relation to —
a
the categories of building for which members may produce certificates; and
b
the types of air-conditioning systems members may inspect.
3
Before approving an accreditation scheme the Secretary of State must be satisfied that the scheme contains adequate provision —
a
for ensuring that members of the scheme carry out consistent and accurate energy assessments in an independent manner;
b
for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out energy assessments;
c
for requiring members of the scheme to prepare energy performance certificates, display energy certificates, recommendation reports and inspection reports using a standard form for each type of document;
d
for ensuring that a code is produced and published as regards the conduct required of its members;
e
for indemnity arrangements in relation to relevant persons and prospective or actual buyers or tenants;
f
for facilitating the resolution of complaints against members of the scheme;
g
for requiring the sets of data from which may be produced energy performance certificates, display energy certificates, recommendation reports and inspection reports prepared by members of the scheme to be entered onto the relevant register maintained by the Secretary of State pursuant to regulation 27; and
h
for the keeping of a register of the members of the scheme.
Related party disclosures
23
An energy assessor must include in an energy performance certificate or inspection report a declaration of any personal or business relationship (other than in relation to producing the certificate or inspection report) that he has with —
a
the person who commissioned the certificate or inspection report;
b
any person on whose behalf the certificate or inspection report was commissioned; and
c
any person who he believes —
i
has or may have a personal or business relationship with a person referred to in paragraph (a) or (b); or
ii
has or may have an interest in the building.
Duty of care
24
1
Energy assessors must carry out energy assessments with reasonable care and skill.
2
The duty imposed by paragraph (1) shall be enforceable by the following persons —
a
the relevant person;
b
in the case of an energy performance certificate, any prospective or actual buyer or tenant during the period of validity of the certificate; and
c
in the case of a display energy certificate, the occupier of the building.
3
Any cause of action arising in relation to the duty imposed by paragraph (1) is deemed not to be an action founded on tort for the purposes of the Limitation Act 1980 .
Right to copy documents
25
Any person may, for the purpose of complying with any duty imposed by these Regulations, copy or issue a copy of any document produced by an energy assessor.
Meaning of energy assessment
26
In this Part, a reference to “energy assessment” includes a reference to —
a
the preparation and issuing of energy performance certificates;
b
the preparation and issuing of display energy certificates;
c
the preparation and issuing of recommendation reports;
d
the preparation and issuing of inspection reports;
e
the carrying out of any inspections undertaken for the purposes of preparing any of the documents referred to in paragraphs (a) to (d).
PART 6 Registration and Disclosure of Data Relating to Certificates and Reports
Registration of certificates etc
27
1
The Secretary of State shall maintain one or more registers of data from which the following documents may be produced —
a
energy performance certificates;
b
display energy certificates; and
c
inspection reports.
2
An energy assessor who issues a document referred to in paragraph (1)(a) or (b) must ensure that the data which, in accordance with the methodology of calculation of the energy performance of buildings approved by the Secretary of State under regulation 24 of the Building Regulations 2010 , was used to calculate any asset rating or operational rating, and to produce the document, is entered onto the relevant register before the assessor gives the document to the person who requested that it be issued.
3
An energy assessor who issues an inspection report must ensure that the data required by regulation 19(3) to be included in the report is entered onto the relevant register before the assessor gives the document to the relevant person.
4
Each set of data entered onto the register from which a particular document may be produced —
a
shall be registered under a unique reference number; and
b
shall not be altered once registered.
5
Any data entered on the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register.
Fees for entering data onto register
28
The keeper of the register may charge the following fees for entering data onto the register on or after 9th January 2013 —
a
for entering data from which an energy performance certificate which relates to a dwelling may be produced, a fee of £1.15;
b
for entering data from which —
i
an energy performance certificate which relates to a building other than a dwelling,
ii
a display energy certificate, or
iii
an inspection report,
may be produced, a fee of £5.36.
Disclosure of data: general
29
1
A person keeping a register on the Secretary of State’s behalf must not disclose data that has been entered onto a register to any other person unless the disclosure is in accordance with regulation 30, 31 or 32.
2
It is an offence for a person to disclose, or permit the disclosure of, data otherwise than in accordance with paragraph (1).
3
A person guilty of an offence under paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Disclosure of general access data
30
1
The keeper of the register may disclose general access data to any person if the conditions in paragraph (2) are met.
2
The conditions are that —
a
a request for disclosure of the data to the person has been made by means of a website operated by the keeper;
b
the request includes at least one of the following —
i
the full postcode of that building;
ii
the name of the road or street on which, and the name of the city, town, village or parish in which that building is located; or
iii
the report reference number of the valid energy performance certificate that relates to the building.
c
where the request is for data other than data required to be included in a display energy certificate, there is no opt-out in effect in respect of the data; and
d
the particular building to which the data relates is not an excluded building.
3
In this regulation —
a
an opt-out is in effect in respect of data where —
i
the owner or occupier of the building to which the data relates has notified the keeper that the data is not to be disclosed,
ii
the notice was given in writing, or by electronic communication sent to an address or location specified by the keeper for the purpose of the receipt of such notices, and
iii
the notice has not been withdrawn by the owner or occupier (by the means referred to in this sub-paragraph); and
b
“excluded building” means a building owned, occupied or used from time to time by or for the purposes of —
i
the Security Service, the Secret Intelligence Service or the Government Communications Headquarters;
ii
any of the armed forces;
iii
the Royal Family;
iv
a prison;
v
a contracted out prison within the meaning of the Criminal Justice Act 1991 ; or
vi
a young offender institution.
Disclosure of bulk access data
31
1
The keeper of the register may disclose —
a
bulk access data which relates solely to a display energy certificate to any person if the condition in paragraph (2)(c) is met;
b
other bulk access data to an authorised recipient if all of the conditions in paragraph (2) are met.
2
The conditions are that —
a
the authorised recipient has made a request for one or more specific descriptions of data to the keeper;
b
the request was made in writing, or by electronic communication sent to an address or location specified by the keeper for the purpose of the receipt of such requests;
c
the authorised recipient (other than one falling within paragraph (a), (b), (d), (e), (f) or (g) of the definition of that term in regulation 2 has paid a fee to the keeper, in the amount determined in accordance with regulation 33;
d
the data is disclosed in summary form and does not include any information revealing the location of an excluded building (or any information from which the location of such a building can be deduced), or revealing the address or postcode of an identifiable person where an opt-out has effect under regulation 30;
e
the disclosure is made subject to the condition that the data is to be used by the recipient solely for one or more of the purposes described in Part 1 of Schedule 1; and
f
the disclosure is made subject to the conditions set out in Part 2 of that Schedule.
3
The keeper of the register may refuse to disclose information under paragraph (1)(b) where the person who requests the disclosure has previously failed to comply with a condition of the kind referred to in paragraph (2)(e) or (f).
4
In this regulation, “excluded building” has the same meaning as in regulation 30.
Disclosure by keeper of register
32
1
The keeper of the register may disclose general access data or bulk access data —
a
to an enforcement authority for the purposes of their duty under regulation 34(2);
b
to a local authority for the purposes of their duty under section 91 of the Building Act 1984 ;
c
to an approved inspector for the purposes of the inspector’s functions under Part 2 of the Building Act 1984; or
d
for the purpose of —
i
the prevention or detection of crime;
ii
the apprehension or prosecution of alleged offenders;
iii
any proceedings in a court or tribunal; or
iv
complying with an order or a court or tribunal.
2
A person keeping a register on the Secretary of State’s behalf may disclose general access data or bulk access data to the Secretary of State for the purpose of enabling the Secretary of State to carry out any function under or in connection with these Regulations, or for statistical or research purposes.
Fee for disclosure of bulk access data
33
1
The amount of the fee referred to in regulation 31(2)(c) is the sum of —
a
the number of small data packs requested multiplied by one penny (1p);
b
the number of medium data packs requested multiplied by five pence (5p); and
c
the number of large data packs requested multiplied by ten pence (10p).
2
In this regulation, “small data pack”, “medium data pack” and “large data pack” have the meanings given in Schedule 2.
PART 7 Enforcement
Enforcement authorities
34
1
Every local weights and measures authority is an enforcement authority for the purpose of this Part.
2
It is the duty of each enforcement authority to enforce in their area the duties under regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5), 14(3), 18(1), 20, 21 and 35(5), and the EPC construction duty.
3
In this regulation, “the EPC construction duty” means the duty specified in paragraph (4) applying to a building specified in paragraph (5).
4
The duty is the requirement in accordance with the provisions of regulation 29 of the Building Regulations 2010 that a relevant person must, no later than five days after construction work has been completed on a building, give to the owner of the building an energy performance certificate for the building.
5
The buildings to which the duty in paragraph (4) applies are those specified in regulation 34(1)(a) and (b) of the Building Regulations 2010 .
Power to require production of documents
35
1
An authorised officer of an enforcement authority may require a person who appears to him to be or to have been subject to any of the duties under regulation 6, 14(3), 18(1) or 20, or the EPC construction duty, to produce for inspection a copy of —
a
a valid energy performance certificate;
b
a recommendation report; or
c
an inspection report.
2
An authorised officer of an enforcement authority may require a person who appears to him to have been subject to the duty under regulation 7(3) to produce for inspection a copy of any request made in accordance with regulation 7(6)(d).
3
The powers conferred by paragraphs (1) and (2) include power to take copies of any document produced for inspection.
4
A requirement under this regulation may not be imposed more than six months after the last day on which the person concerned was subject to such a duty in relation to the building.
5
It is the duty of a person subject to such a requirement to comply with it within the period of seven days beginning with the day after that on which it is imposed.
6
A person is not required to comply with such a requirement if he has a reasonable excuse for not complying with the requirement.
7
In this regulation, “the EPC construction duty” means the duty specified in paragraph (8) applying to a building specified in paragraph (9).
8
The duty is the requirement in accordance with the provisions of regulation 29 of the Building Regulations 2010 that a relevant person must, no later than five days after construction work has been completed on a building, give to the owner of the building an energy performance certificate for the building.
9
The buildings to which the duty in paragraph (4) applies are those specified in regulation 34(1)(a) and (b) of the Building Regulations 2010.
Penalty charge notices
36
1
An authorised officer of an enforcement authority may, if he believes that a person has committed a breach of any duty under regulation 6(2), 6(5), 7(2), 7(3), 7(4), 7(5), 14(3), 18(1), 20, 21, or 35(5), or the EPC construction duty, give a penalty charge notice to that person.
2
A penalty charge notice may not be given after the end of the period of six months beginning with the day (or in the case of a continuing breach the last day) on which the breach of duty was committed.
3
A penalty charge notice must —
a
state the officer’s belief that the person has committed a breach of duty;
b
give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;
c
require that person, within a period specified in the notice —
i
to pay a penalty charge specified in the notice; or
ii
to give notice to the enforcement authority that he wishes the authority to review the notice;
d
state the effect of regulation 41;
e
specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
f
specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
4
The period specified under paragraph (3)(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.
5
The enforcement authority may extend the period for complying in any particular case if they consider it appropriate to do so.
6
The enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
7
The enforcement authority must withdraw a penalty charge notice where the recipient can demonstrate that —
a
he took all reasonable steps and exercised all due diligence to avoid breaching the duty; or
b
regulation 37 (defence) applies.
8
In this regulation, “the EPC construction duty” means the duty specified in paragraph (9) applying to a building specified in paragraph (10).
9
The duty is the requirement in accordance with the provisions of regulation 29 of the Building Regulations 2010 that a relevant person must, no later than five days after construction work has been completed on a building, give to the owner of the building an energy performance certificate for the building.
10
The buildings to which the duty in paragraph (4) applies are those specified in regulation 34(1)(a) and (b) of the Building Regulations 2010.
Defence when energy performance certificate unobtainable
37
1
A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 6 where he can demonstrate that —
a
he is not a person to whom the duty under regulation 7(2) previously applied and he made a request for an energy performance certificate as soon as possible after he became subject to the duty, and, despite all reasonable efforts and enquiries by the relevant person, he did not have in his possession or control a valid energy performance certificate at the relevant time; or
b
in the case of a failure to make available an energy performance certificate to a prospective tenant —
i
the prospective tenant was seeking to rent the building due to an emergency which required the tenant’s urgent relocation;
ii
at the relevant time the relevant person did not have in his possession or control a valid energy performance certificate;
iii
there was insufficient time in which the relevant person could reasonably have been expected to obtain a certificate before renting out the building to the prospective tenant; and
iv
the relevant person has given a valid energy performance certificate to the tenant as soon as reasonably practicable after renting out the building.
2
A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 6 where he can demonstrate that —
a
he is a person to whom the duty under regulation 7(2) applies;
b
he complied with that duty; and
c
despite all reasonable efforts and enquiries by the relevant person he did not have in his possession or control a valid energy performance certificate at the relevant time.
3
In paragraph (1)(a) the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide an energy performance certificate for the category of building in question and which includes such payment or an undertaking to make such payment as is usually necessary to obtain an energy performance certificate.
4
In this regulation, “relevant time” means the point in time by which the relevant person is required to have made an energy performance certificate available to a prospective buyer or tenant by virtue of regulation 6(2).
Penalty amount
38
1
The penalty charge specified in the notice shall be —
a
in relation to a breach of a duty under regulation 6(2), 6(5), 7(2), 7(3), 7(4), or 7(5), or of the EPC construction duty —
i
where the building is a dwelling, £200;
ii
where the building is not a dwelling, calculated in accordance with the formula in paragraph (2);
b
in relation to a breach of a duty under regulation 14(3)(a), £1000;
c
in relation to a breach of a duty under regulation 14(3)(b), £500;
d
in relation to a breach of a duty under regulation 18(1), 20(1), 20(2) or 21, £300; and
e
in relation to a breach of a duty under regulation 35(5), £200.
2
Subject to the minimum and maximum penalty charges prescribed by paragraph (3), the penalty charge for the purposes of paragraph (1)(a)(ii) shall be —
a
where the building constitutes a hereditament, 12.5% of the rateable value of the hereditament;
b
where no other building (other than a building which is exempt from Part 2 by virtue of —
i
regulation 5(1)(a), (b), (d) or (e), or
ii
for a building which is not a dwelling, regulation 5(1)(c) or (g)),
forms a part of the same hereditament, 12.5% of the rateable value of the hereditament of which the building forms a part;
c
where the building comprises more than one hereditament, 12.5% of the sum of the rateable values of each hereditament that comprise the building; and
d
where —
i
one or more buildings (other than a building which is exempt from Part 2 by virtue of —
aa
regulation 5(1)(a), (b), (d) or (e), or
bb
for a building which is not a dwelling, regulation 5(1)(c) or (g))
form part of the same hereditament; or
ii
the building is not, or does not form part of, a hereditament which appears on a local non-domestic rating list at the relevant time,
£750.
3
The minimum and maximum penalty charges for the purposes of paragraph (2) are £500 and £5000 respectively.
4
In this regulation —
a
“the EPC construction duty” means the duty specified in sub-paragraph (b) applying to a building specified in sub-paragraph (c);
b
the duty is the requirement in accordance with the provisions of regulation 29 of the Building Regulations 2010 that a relevant person must, no later than five days after construction work has been completed on a building, give to the owner of the building an energy performance certificate for the building; and
c
the buildings to which the duty in paragraph (4) applies are those specified in regulation 34(1)(a) and (b) of the Building Regulations 2010 .
5
In this regulation the following definitions also apply —
“hereditament” means a hereditament which, pursuant to section 42 of the Local Government Finance Act 1988 , is shown on a local non-domestic rating list in force at the relevant time;
“local non-domestic rating list” means a local non-domestic rating list maintained in accordance with section 41 of the Local Government Finance Act 1988;
“rateable value” means the rateable value shown for a hereditament on a local non-domestic rating list at the relevant time; and
“relevant time” means the time at which the penalty charge notice is given.
Reviews
39
1
If, within the period specified under regulation 36(3)(c) (or that period as extended under regulation 36(5)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall —
a
consider any representations made by the recipient and all other circumstances of the case;
b
decide whether to confirm or withdraw the notice; and
c
give notice of their decision to the recipient.
2
A notice confirming the penalty charge notice must also state the effect of regulations 40 and 41.
3
If the authority are not satisfied that —
a
the recipient committed the breach of duty specified in the notice;
b
the notice was given within the time allowed by regulation 36(2) and complies with the other requirements imposed by these Regulations; and
c
in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient,
they shall withdraw the penalty charge notice.
Appeal to the county court
40
1
If, after a review, the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under regulation 39(1)(c) is given, appeal to the county court against the penalty charge notice.
2
The county court may extend the period for appealing against the notice.
3
Such an appeal must be on one (or more) of the following grounds —
a
that the recipient did not commit the breach of duty specified in the penalty charge notice;
b
that the notice was not given within the time allowed by regulation 36(2) or does not comply with any other requirement imposed by these Regulations; or
c
that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.
4
An appeal against a penalty charge notice shall be by way of a rehearing; and the court shall either uphold the notice or quash it.
5
If the penalty charge notice is withdrawn or quashed, the authority shall repay any amount previously paid as a penalty charge in pursuance of the notice.
Recovery of penalty charges
41
1
The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the authority unless —
a
the notice has been withdrawn or quashed; or
b
the charge has been paid.
2
Proceedings for the recovery of the penalty charge may not be commenced before the end of the period mentioned in regulation 39(1).
3
If within that period the recipient of the penalty charge notice gives notice to the authority that he wishes the authority to review the penalty charge notice, such proceedings may not be commenced —
a
before the end of the period mentioned in regulation 40(1); and
b
where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.
4
In proceedings for the recovery of the penalty charge, a certificate which —
a
purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority; and
b
states that payment of the penalty charge was or was not received by a date specified in the certificate,
is evidence of the facts stated.
Service of documents
42
1
A penalty charge notice and any other notice mentioned in this Part may be given by post.
2
Any such notice may be given —
a
in the case of a body corporate, to the secretary or clerk of that body; and
b
in the case of a partnership, to any partner or to a person having control or management of the partnership business.
Offences relating to enforcement officers
43
1
A person who obstructs an officer of an enforcement authority acting in pursuance of regulation 35 is guilty of an offence.
2
A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of this Part is guilty of an offence.
3
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 8 Miscellaneous
Application to the Crown
44
1
Subject to paragraph (2), these Regulations, other than regulation 45(2)(a), bind the Crown.
2
No act or omission by or on behalf of the Crown shall constitute an offence or make the Crown liable to a penalty charge notice under these Regulations, but the High Court may, on the application of an enforcement authority, declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.
Duty to cooperate
45
1
This regulation applies where these Regulations impose a duty on a person to —
a
make available, give or display an energy performance certificate or a display energy certificate in relation to a building; or
b
ensure an air-conditioning system is inspected.
2
It shall be the duty of every person with an interest in, or in occupation of, the building to —
a
allow such access to any energy assessor appointed by the person referred to in paragraph (1) (“the responsible person”) as is reasonably necessary to inspect the building for the purposes of —
i
preparing an energy performance certificate;
ii
preparing a display energy certificate;
iii
preparing a recommendation report; or
iv
inspecting an air-conditioning system; and
b
cooperate with the responsible person so far as is reasonably necessary to enable him to comply with the duty referred to in paragraph (1).
Revocations
46
The Regulations specified in the first column of the table in Schedule 3 are revoked to the extent specified in relation to each in the third column of that table.
Review
47
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2010/31/ EU of the European Parliament and of the Council on the energy performance of buildings of 19th May 2010 (recast) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which these Regulations come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Signed by the authority of the Secretary of State for the Department for Communities and Local Government
Don Foster
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th December 2012
SCHEDULE 1
Regulation 31
PART 1 The purposes are —
1
Promoting energy efficiency improvements (as defined in section 2 of the Energy Act 2011 ) (“energy efficiency improvements”) in relation to buildings.
2
Conducting research into, or developing or analysing policy (or policy proposals) in relation to, the energy efficiency of buildings.
3
Conducting research into the effectiveness or impact of energy efficiency improvements.
4
Identifying geographic areas where the energy efficiency of buildings is low relative to other areas, or conducting research into the extent, causes or consequences of such lower levels of efficiency.
5
Promoting and marketing energy efficiency improvements that may be made pursuant to a green deal plan.
6
Identifying and analysing the impact of carbon emissions on the environment resulting from buildings with low levels of energy efficiency.
7
Determining whether energy efficiency improvements that may be made pursuant to a green deal plan have or have not been made in respect of a particular building or buildings.
PART 2 The conditions are —
1
The authorised recipient is, until the data is deleted from the authorised recipient’s records and systems (so that the personal data is no longer accessible by any means by the authorised recipient), a data controller within the meaning of section 1(1) of the Data Protection Act 1998 in relation to the information disclosed.
2
The authorised recipient must not —
a
disclose any personal data contained in or derived from data disclosed to it under regulation 31 to any other person without the consent of the person who is the subject of the data;
b
use such personal data in order to contact an individual for the purpose of marketing or promoting products or services which do not relate to energy efficiency.
3
The authorised recipient must not make contact with any person (“the subject”) whose identity or contact details (or both) have become known to the authorised recipient from data disclosed to the authorised recipient under regulation 31 unless —
a
the authorised recipient advises the subject, at the time contact is first made, that —
i
their identity or contact details (or both) have been obtained from the keeper of the register under that regulation, and
ii
the subject is entitled to refuse to receive any further communications from the authorised recipient; and
b
the first contact with the subject is made by means of written communication (including electronic communication) only.
4
The authorised recipient must not make further contact with a person if the person has informed the authorised recipient that they do not wish to receive any further communications from the authorised recipient.
5
In paragraphs 6 and 7, “the subject” means a person whose identity or contact details (or both) have become known to the authorised recipient from data disclosed to it under regulation 31.
6
If the authorised recipient has on three separate occasions made contact with the subject and received no response from the subject within fourteen days of the third contact, the authorised recipient —
a
must not attempt to contact the subject again; and
b
must, as soon as reasonably practicable (and in any event within fourteen days of the receipt of a request made by or on behalf of the subject to do so), delete any personal data contained in or derived from data disclosed to the authorised recipient under regulation 31 from its records and systems (so that the personal data is no longer accessible by any means to the authorised recipient).
7
The authorised recipient must, as soon as reasonably practicable (and in any event within fourteen days of the receipt of a request made by or on behalf of the subject), delete any personal data contained in or derived from data disclosed to the authorised recipient under regulation 31 from its records and systems (so that the personal data is no longer accessible by any means by the authorised recipient) if the subject requests the authorised recipient to do so.
8
The authorised recipient must ensure that its officers and employees comply with the conditions in paragraphs 1 to 7 of this Part.
SCHEDULE 2
Meanings of small, medium and large data packs
Regulation 33
PART 1 Energy Performance Certificates
1
In this Part, “residential property” means premises in England and Wales consisting of a single dwelling, including ancillary land.
2
For data from which an energy performance certificate for a residential property may be produced —
a
a small data pack means a set of data containing the following information concerning the property: the address (including the postcode), the energy rating, the potential energy rating, the energy efficiency, the potential energy efficiency, the property type, the inspection date, the region, local authority area, constituency and county where it is located and the date the data was entered onto the register;
b
a medium data pack means a set of data containing the data described in paragraph 2(a), together with the following additional information concerning the property: the transaction type, the current environment impact, the potential environment impact, the current energy consumption, the potential energy consumption, the current Co2 emissions, the current Co2 emissions per floor area, the potential Co2 emissions, the current lighting cost, the potential lighting cost, the current heating cost, the potential heating cost, the current hot water cost, the potential hot water cost, the total floor area, the energy tariff, whether the property is connected to the gas network, the floor level, whether the property is on the top floor (for flats), if the property is a flat not on the top floor the story count for the property, the overall dimensions and size of the building, the type of heating controls, the proportion of windows which are multi-glazed, the types of glazing and the area glazed, the number of extensions to the property, the number of habitable rooms, the number of heated rooms, the proportion of low energy light and the number of open fireplaces; and
c
a large data pack means a set of data containing the data described in paragraphs 2(a) and (b), together with any additional data entered onto the register pursuant to regulation 27 from which an energy performance certificate (or any information contained within such a certificate) may be produced in relation to the property.
3
For data from which an energy performance certificate for a property other than a residential property may be produced —
a
a small data pack means a set of data containing the following information concerning the property: the address (including the postcode), the energy rating, the property type, the inspection date, the region, local authority area, constituency and county where it is located and the date the data was entered onto the register;
b
a medium data pack means a set of data containing the data described in paragraph 3(a), together with the following additional information concerning the property: the transaction type, the benchmark against other new build or existing properties as appropriate, whether the property is a level 3, 4 or 5 building, the main heating fuel, the other fuel description, whether the property is air-conditioned, whether the property has specialised energy requirements, the energy from renewable sources (if any) used by the property and the floor area; and
c
a large data pack means a set of data containing the data described in paragraphs 3(a) and (b), together with any additional data entered onto the register pursuant to regulation 27 from which an energy performance certificate (or any information contained within such a certificate) may be produced in relation to the property.
PART 2 Display Energy Certificates
4
For data from which a display energy certificate may be produced —
a
a small data pack means a set of data containing the following information concerning the property in question: the address (including the postcode), the energy rating, the proportion of Co2 emissions attributable to electricity used in the property, the proportion of Co2 emissions from energy used to heat the property, the proportion of Co2 emissions from energy from renewable sources (if any) used in the property, the property type, the inspection date, the region, local authority area, constituency and county where it is located and the date the data was entered onto the register;
b
a medium data pack means a set of data containing the data described in paragraph 4(a), together with the following additional information concerning the property: the benchmark against other new build or existing properties as appropriate, whether the property is a level 3, 4 or 5 building, the main heating fuel, the other fuel description, whether the building is air-conditioned, whether the building has specialised energy requirements, the energy from renewable sources (if any) used in the property, the floor area and the building level; and
c
a large data pack means a set of data containing the data described in paragraphs 4(a) and (b) together with any additional data entered onto the register pursuant to regulation 27 from which a display energy certificate (or any information contained within such a certificate) may be produced in relation to the property in question.
PART 3 Air-conditioning Inspection Reports
5
For data from which an inspection report may be produced —
a
a small data pack means a set of data containing the following information concerning the property in question: the address (including the postcode), the property type, the inspection date, the region, local authority area, constituency and county where it is located and the date the data was entered onto the register;
b
a medium data pack means a set of data containing the data described in paragraph 5(a), together with the following additional information: the name of the equipment owner, their telephone number, the name of their organisation, the equipment owner’s address, (including the town, city or parish and postcode), the person responsible for the operation of the air-conditioning equipment, the operator’s employer, the operator’s address (including the town, city or parish and postcode) and the name of the building; and
c
a large data pack means a set of data containing the data described in paragraphs 5(a) and (b), together with any additional data entered onto the register pursuant to regulation 27 from which the inspection report (or any information contained within the report) may be produced.
SCHEDULE 3
Revocation of Regulations
regulation 46
Regulations revoked References Extent of revocation
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 SI 2007/991 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 SI 2007/1669 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2007 SI 2007/3302 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 SI 2008/647 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008 SI 2008/2363 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009 SI 2009/1900 The whole Regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 SI 2010/1456 The whole Regulations. The Building Regulations 2010 SI 2010/2214 Regulation 54(1) and Schedule 5, insofar as they relate to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, and regulation 54(2) insofar as it relates to paragraph 2 of Schedule 6 to the Building Regulations 2010. The Building (Amendment) Regulations 2011 SI 2011/1515 Regulation 2. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 SI 2011/2452 The whole regulations. The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 SI 2012/809 The whole regulations. |
The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned .
Citation and commencement
1
1
These Regulations may be cited as the Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012.
2
These Regulations come into force on 1st May 2012 immediately after the commencement of the Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 .
Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
In regulation 3(5F)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision of decisions) omit “and (2)”.
Amendments to the Housing Benefit Regulations 2006
3
In Schedule 3 to the Housing Benefit Regulations 2006 (applicable amounts) —
a
in paragraph 28(1)(b) for “104” substitute “12”;
b
insert “and” at the end of paragraph 28(1)(c);
c
omit paragraph 28(1)(d); and
d
for paragraph 29(1)(c) substitute–
c
at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and
.
Amendments to the Council Tax Benefit Regulations 2006
4
In Schedule 1 to the Council Tax Benefit Regulations 2006 (applicable amounts) —
a
in paragraph 28(1)(b) for “104” substitute “12”;
b
insert “and” at the end of paragraph 28(1)(c);
c
omit paragraph 28(1)(d); and
d
for paragraph 29(1)(c) substitute–
c
at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person; and
.
Amendments to the Employment and Support Allowance Regulations 2008
5
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “work or training beneficiary”.
3
In regulation 5 (the assessment phase – previous claimants) —
a
in paragraph (2)(a)(i) omit “or (2)”; and
b
for paragraph (2)(b) substitute–
b
i
the claimant’s current period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1),
ii
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
iii
the previous period of limited capability for work was terminated by virtue of a determination that the claimant did not have limited capability for work,
iv
the period for which the claimant was previously entitled was no more than 13 weeks, and
v
a determination is made in relation to the current period of limited capability for work that the claimant has or is treated as having limited capability for work, other than under regulation 30; or
c
i
the claimant’s current period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1),
ii
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
iii
in relation to the previous award of an employment and support allowance, a determination was made that the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and
iv
the period for which the claimant was previously entitled was no more than 13 weeks.
.
4
In regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) —
a
for paragraph (1)(b) substitute–
b
the case is a relevant linked case;
; and
b
after paragraph (1) insert–
1A
For the purposes of paragraph (1)(b) a relevant linked case is a case mentioned in paragraph (1B) where a period of limited capability for work is to be treated as a continuation of an earlier period of limited capability for work under regulation 145(1).
1B
Paragraph (1A) applies to the following cases —
a
case 1 is where–
i
the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work, and
ii
the previous period for which the claimant was entitled to an employment and support allowance was terminated other than by virtue of a determination that the claimant did not have limited capability for work;
b
case 2 is where–
i
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,
iii
the previous period for which the claimant was entitled to an employment and support allowance was terminated by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and
iv
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30;
c
case 3 is where–
i
the claimant was entitled to an employment and support allowance in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was 13 weeks or longer,
iii
the previous period for which the claimant was entitled to an employment and support allowance was terminated before it could be determined whether the claimant had limited capability for work or was treated as having limited capability for work, other than under regulation 30, and
iv
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30; and
d
case 4 is where–
i
the claimant was entitled to an employment and support allowance (including entitlement to a component under sections 2(2), 2(3), 4(4) or 4(5) of the Act) in the earlier period of limited capability for work,
ii
the previous period for which the claimant was entitled to an employment and support allowance was terminated because it was determined that the claimant did not have limited capability for work or was treated as not having limited capability for work, and
iii
it is determined in relation to the current period of limited capability for work that the claimant has limited capability for work or is treated as having limited capability for work, other than under regulation 30.
.
5
After regulation 35 (certain claimants to be treated as having limited capability for work-related activity) insert —
Relevant linked cases – limited capability for work-related activity
35A
A claimant is to be treated as having limited capability for work-related activity where–
a
they fall within case 1, as defined in regulation 7(1B)(a); and
b
in respect of the earlier period of limited capability for work referred to in regulation 7(1B)(a)(i), they had been entitled to a support component under sections 2(2) or 4(4) of the Act.
.
6
In regulation 145 (linking rules) omit paragraphs (2) to (5).
7
Omit regulations —
a
148 (work or training beneficiaries);
b
149 (linking rules – limited capability for work); and
c
150 (linking rules – limited capability for work-related activity).
8
After paragraph 1(3) of Schedule 6 (housing costs) insert —
3A
For the purposes of this Schedule a claimant is a “work or training beneficiary” on any day in a linking term where the claimant —
a
had limited capability for work–
i
for more than 13 weeks in the most recent past period of limited capability for work; or
ii
for 13 weeks or less in the most recent past period of limited capability for work where the claimant became entitled to an award of an employment and support allowance by virtue of a conversion decision which took effect from the commencement of the most recent past period of limited capability for work;
b
ceased to be entitled to an allowance or advantage at the end of that most recent past period of limited capability for work; and
c
became engaged in work or training within one month of so ceasing to be entitled.
3B
A claimant is not a work or training beneficiary if–
a
the most recent past period of limited capability for work was ended by a determination that the claimant did not have limited capability for work; and
b
that determination was on the basis of a limited capability for work assessment.
3C
In sub-paragraphs (3A) and (3B) —
“allowance or advantage” means any allowance or advantage under the Act or the Contributions and Benefits Act for which entitlement is dependent on limited capability for work;
“conversion decision” has the meaning given in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 ;
“linking term” means a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work;
“most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) (linking rules); and
“work” means work, other than work under regulation 45 (exempt work), for which payment is made or which is done in expectation of payment.
.
Amendments to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010
6
In regulation 21(5) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (termination of transitional addition) —
a
in sub-paragraph (a) omit “or (2)”; and
b
for sub-paragraph (c) substitute–
c
in respect of that earlier period, it was terminated–
i
other than by virtue of a determination that T did not have, or was treated as not having, limited capability for work, or
ii
by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and, in respect of that subsequent claim, it is determined that T has, or is treated as having, limited capability for work, other than under regulation 30 of the 2008 Regulations.
.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st March 2012 |
The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 29A(3)(b) and (4) and 210 (7) of the Education Act 2002 .
Citation and commencement
1
These Regulations may be cited as the Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012 and come into force on 1st January 2013.
Amendment of the Education (Educational Provision for Improving Behaviour) Regulations 2010
2
The Education (Educational Provision for Improving Behaviour) Regulations 2010 are amended as follows.
3
In regulation 3, omit paragraph (5).
4
In regulation 4(1) for sub-paragraph (a), substitute —
a
holding review meetings at such intervals as they, having regard to the needs of the pupil, consider appropriate; and
5
After regulation 4 insert —
Persons who may request a review meeting
4A
1
Where a governing body have imposed a requirement upon a pupil under section 29A(1) of the 2002 Act —
a
the relevant person; and
b
in a case where a statement of special educational needs is maintained for the pupil, the local authority maintaining that statement,
may request a review meeting.
2
A request for a review meeting under paragraph (1)(a) or (b) must be made in writing to the governing body.
3
Where a request is made under paragraph (1) (a) or (b) the governing body must carry out a review meeting, in accordance with regulation 5, as soon as reasonably practicable.
4
There is no requirement on the governing body to carry out a review meeting following a request under paragraph (1)(a) or (b) if there has been a review meeting during the period of 10 weeks preceding the day on which the request is made.
6
In regulation 6 (notification of the outcome of review), for “regulation 4(b)” substitute “regulation 4(1)(b)”.
7
Omit regulation 7 (notices, invitations and notifications).
Elizabeth Truss
Minister of State
Department for Education
4th October 2012 |
The National Health Service (Local Pharmaceutical Services) Amendment Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 272(7) and (8)(a) of, and paragraph 3 of Schedule 12 to, the National Health Service Act 2006 .
Citation and commencement
1
These Regulations may be cited as the National Health Service (Local Pharmaceutical Services) Amendment Regulations 2012 and come into force on 1st July 2012.
Amendment of the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006
2
1
The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 are amended as follows.
2
In paragraph 6 of Schedule 2 (contract terms – providing ordered drugs or appliances) —
a
in sub-paragraph (6) —
i
omit “, subject to sub-paragraph (7),”, and
ii
in paragraph (f), omit “calendar pack or”;
b
omit sub-paragraph (7);
c
omit paragraph (a) of sub-paragraph (8); and
d
after sub-paragraph (8) insert the following sub-paragraph —
8A
Where a drug is ordered by a prescriber on a prescription form or repeatable prescription in a quantity that is, or is a multiple of a quantity that is, readily available in a pack size manufactured for a holder of a marketing authorisation for the drug, the contractor must provide the drug in an original pack (or in original packs) of that size which has been assembled by a manufacturer of the drug for such a holder of a marketing authorisation, unless —
a
it is not possible for the contractor to obtain such a pack (or packs) with reasonable promptness in the normal course of business; or
b
it is not practicable for the contractor to provide such a pack (or packs) in response to the order (for example, because of patient needs or the method of administration of the drug).
.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
7th June 2012 |
The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2012
The Treasury make the following Order in exercise of the powers conferred by section 38 of the Financial Services and Markets Act 2000 .
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2012.
2
It comes into force on the day on which articles 1(3) and 2 to 9 of the Postal Services Act 2011 (Transfer of Assets) Order 2012 come into force.
Amendment of the Financial Services and Markets Act 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In Part III of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1)) after paragraph 34B insert —
34C
BIS (Postal Services Act 2011) Company Limited.
.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2012 |
The Individual Savings Account (Amendment) (No. 2) Regulations 2012
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment) (No. 2) Regulations 2012 and come into force on 8th August 2012
2
The amendments to the Individual Savings Account Regulations 1998 made by regulations 5(a) and 13 of these Regulations have effect from 1st November 2011.
3
The amendments to the Individual Savings Account Regulations 1998 made by regulations 6, 16(b), (c) and (d), 18(a) and (b) and 19 of these Regulations and the amendments made by regulation 5(b) to (d) so far as they relate to those amendments, have effect from 9th November 2011.
Amendments to the Individual Savings Account Regulations 1998
4
The Individual Savings Account Regulations 1998 are amended as follows.
5
In regulation 2(1)(a) (interpretation) —
a
after the definition of “child”, insert —
“child trust fund” has the meaning given by section 1 of the Child Trust Funds Act 2004 ;
;
b
in paragraph (iv) of the definition of “company”, for “51 per cent.” substitute “51%”;
c
after the definition of “credit union”, insert —
“ CTA 2010 ” means the Corporation Tax Act 2010 ;
;
d
for the definitions of “51 per cent. subsidiary” and “75 per cent. subsidiary”, substitute —
“51% subsidiary” and “75% subsidiary” have the same meanings as they do in section 1154 of CTA 2010;
;
e
after the definition of “junior ISA account”, insert —
“Looked After Child” has the meaning given in regulation 2F (special provision in respect of Looked After Children);
.
6
After regulation 2(1) (interpretation), insert —
1A
In these Regulations —
a
a “bulk transfer of accounts” occurs where two or more accounts are transferred by an account manager (“the transferor”) to another account manager (“the transferee”) —
i
pursuant to an agreement made between the transferor and transferee, and
ii
the transfers are not made pursuant to requests made by persons who are the account investor or registered contact in relation to the accounts transferred;
b
a “group transfer of accounts” occurs where a bulk transfer of accounts is made between account managers that are members of the same group of companies when the transfer occurs;
c
two companies are members of the same group of companies if —
i
one is a 75% subsidiary of the other, or
ii
both are 75% subsidiaries of a third company.
.
7
In regulation 2A(4) (meaning of account investor), after “regulations 5C,”, insert “5D to 5DC, 5DF,”.
8
In regulation 2D (regulations that do not apply to junior ISA accounts), after “5B,” insert “5DI to 5DM,”.
9
After regulation 2E (contracts entered into by or on behalf of a child who is 16 or over), insert —
Special provision in respect of Looked After Children
2F
1
A child is a Looked After Child where, after 2nd January 2011, there is a continuous period of at least 12 months during which paragraph (2) applies in relation to the child.
2
This paragraph applies in relation to a child where the child is —
a
looked after by a local authority within the meaning of section 22(1) of the Children Act 1989 (general duty of local authority in relation to children looked after by them) ;
b
provided with accommodation by an authority by virtue of article 21 of the Children (Northern Ireland) Order 1995 (provision of accommodation for children: general) ;
c
the subject of an order made under article 50(1)(a) of the Children (Northern Ireland) Order 1995 (care orders and supervision orders);
d
provided with accommodation by a local authority by virtue of section 25 of the Children (Scotland) Act 1995 (provision of accommodation for children, etc. ) ;
e
the subject of a supervision requirement made under section 70(1) of the Children (Scotland) Act 1995 (disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation);
f
the subject of a permanence order made under section 80 of the Adoption and Children (Scotland) Act 2007 (permanence orders); or
g
treated as if the child were subject to an order described in sub-paragraph (f) by virtue of article 13(1) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings) Order 2009 .
3
In relation to a Looked After Child, regulations 2C(4)(b) (meaning of “registered contact” etc.) and 12A(4)(b)(i) (conditions for application to open an account that is a junior ISA account) must be construed as if the Share Foundation has parental responsibility in respect of that child.
4
In relation to an application to assume responsibility for the management of a junior ISA account by the Share Foundation, regulation 2C(7)(c) must be construed as requiring a declaration that —
a
the applicant is the Share Foundation;
b
the application is in relation to a Looked After Child; and
c
the Share Foundation is to be the registered contact for the account.
5
Where an application to assume responsibility for the management of a junior ISA account is made in relation to which the registered contact is the Share Foundation, regulation 2C(9)(a) must be construed as referring only to sub-paragraphs (e) and (g) of paragraph (10).
6
Where the registered contact in relation to a junior ISA account is the Share Foundation, any reference in these Regulations to the residence of the registered contact must be construed as meaning a reference to the registered offices of the Share Foundation.
7
In this regulation “the Share Foundation” means the company limited by guarantee (number 4500923) and charity registered with the Charity Commission of England and Wales (number 1108068) as “The Share Foundation”.
.
10
Omit regulation 5B.
11
After regulation 5C (treatment of certain sums held in dormant accounts), insert —
Subscriptions disregarded for the purposes of the subscription limits in regulations 4ZA and 4ZB
5D
1
A subscription to an account made in accordance with this regulation must be disregarded for the purposes of the subscription limits in regulations 4ZA (subscriptions to an account other than a junior ISA account) and 4ZB (subscriptions to a junior ISA account).
2
A subscription to an account held by an account investor is made in accordance with this regulation if —
a
the subscription is —
i
a defaulted cash account subscription;
ii
a defaulted investment subscription; or
iii
permitted in accordance with regulation 5DE; and
b
the account manager of the account to which the subscription is made is provided with the information specified in regulation 5DF as relevant to the subscription.
Defaulted cash account subscription
5DA
A subscription is a defaulted cash account subscription if —
a
it is made to an account (which may be a stocks and shares account or a cash account) held by an account investor who held a cash account (“defaulted cash account”) in respect of which a default event occurred no more than 180 days before the subscription is made; and
b
it does not exceed the amount held in the defaulted cash account immediately before the default event occurred (including interest accrued but not paid at that time).
Defaulted investment subscription
5DB
A subscription is a defaulted investment subscription if —
a
it is made to a stocks and shares account held by the account investor who held the account in respect of which a defaulted investment payment has been made no more than 180 days before the subscription is made; and
b
it does not exceed the amount of the defaulted investment payment.
Default event in respect of cash account
5DC
A default event in respect of a cash account held by an account investor occurs where the account manager of that account is determined to be unable or likely to be unable to satisfy claims against the account manager in accordance with the rules of the scheme for compensation established pursuant to section 213 of the Financial Services and Markets Act 2000 .
Defaulted investment payment
5DD
A defaulted investment payment occurs where a payment is made (otherwise than by accretion to a stocks and shares account) by way of compensation in respect of the poor performance, loss, depreciation or risk of depreciation of an investment described in regulation 7 (“defaulted investment”) held in a stocks and shares account (whether or not the defaulted investment continues to be held in the account at the time of the payment).
Additional permitted subscription to a junior ISA account
5DE
A subscription is permitted by this regulation if it is made to a junior ISA account that is a cash account but would have been a defaulted investment subscription if it had been made to a stocks and shares account.
Information required by regulation 5D
5DF
1
The information specified by this regulation is —
a
in relation to a defaulted cash account subscription —
i
the amount held in the defaulted cash account to which the subscription relates immediately before the default event occurred (including interest accrued but not paid at that time);
ii
the current year’s subscription made to that account; and
iii
the date on which the first subscription (if any) was made to that account, in the year in which the defaulted cash subscription is made;
b
in relation to a defaulted investment subscription or a subscription permitted by regulation 5DE —
i
evidence of the amount of the defaulted investment payment to which the subscription relates and the date it was paid;
ii
details of the defaulted investment in respect of which the defaulted investment payment was made;
iii
the full name and address (including postcode) of the account manager of the stocks and shares account in which the defaulted investment was held;
iv
the full name and address (including postcode) of the maker of the defaulted investment payment.
2
In this regulation —
“current year’s subscription” in relation to a defaulted cash account means —
subscriptions made to the account in the year in which the defaulted cash account subscription is made, but before the default event; and
subscriptions made to any other account held by the account investor in the year in which the defaulted cash account subscription is made and transferred to the account before the subscription is made.
Single regulation 5D subscription
5DG
Only one defaulted cash account subscription, defaulted investment subscription or subscription permitted by regulation 5DE may be made in respect of a defaulted cash account or a defaulted investment payment as the case may be even if the subscription made is an amount less than that which could have been made by way of such subscription in accordance with regulation 5D.
Default event or default investment payment occurring in the period beginning on 6th April 2011 and ending on 7th August 2012
5DH
Anything occurring in the period commencing on 6th April 2011 and ending on 7th August 2012 that, if it had occurred after that period, would have been —
i
a default event in respect of a cash account within regulation 5DC, or
ii
a defaulted investment payment within regulation 5DD,
shall be treated as occurring on 8th August 2012 for the purposes of regulations 5D to 5DG.
Special provision in respect of Lehman Brothers investments and Keydata investments
5DI
1
Regulations 5DJ to 5DM make special provision in respect of an investment that is a Lehman Brothers investment or a Keydata investment.
2
An investment is a Lehman Brothers investment if —
a
the investment was a qualifying investment held by an account investor in a stocks and shares account on 15th September 2008;
b
Lehman Brothers Holdings Inc. acted as the sole counterparty underwriting the investment on that day; and
c
the investment was not sold or otherwise disposed of on that day so as to cause it to cease to be a qualifying investment of the account on that day or any other day.
3
An investment is a Keydata investment if —
a
the investment was a qualifying investment held by an account investor in a stocks and shares account on 8th June 2009;
b
Keydata Investment Services Limited (Keydata) on that day —
i
was the account manager of the account, or
ii
administered the account for another account manager; and
c
the investment was not sold or otherwise disposed of on that day so as to cause it to cease to be a qualifying investment of the account on that day or any other day.
Special application of regulations 5DB, 5DD, 5DF and 5DH in respect of a Lehman Brothers investment
5DJ
In respect of a Lehman Brothers investment —
a
regulation 5D shall apply as if after paragraph (2) there is added —
3
No defaulted investment subscription may be made in respect of a defaulted investment payment made or treated as made on 8th August 2012 other than a single defaulted investment payment treated as made by virtue of regulation 5DL(2).
;
b
regulation 5DB shall apply as if paragraph (b) provided that a defaulted investment subscription must not exceed the amount of the defaulted investment payment determined in accordance with regulation 5DL;
c
regulation 5DD is subject to regulation 5DL(2);
d
regulation 5DF(1)(b) shall apply as if the information specified by it is —
i
the information specified in paragraphs (i)-(iv) of that regulation;
ii
the value of the defaulted investment at the opening of trading on the London Stock Exchange on 15th September 2008;
iii
the date and amount of any earlier defaulted investment subscriptions in respect of the Lehman Brothers investment in question made before the making of the defaulted investment subscription;
iv
the name and address (including postcode) of the account manager to whom any subscription referred to in sub-paragraph (iii) of this paragraph was made;
e
regulation 5DH —
i
shall apply as if the period mentioned in that regulation were the period commencing on 16th September 2008 and ending on 7th August 2012;
ii
is subject to regulation 5DL(2).
Deemed defaulted investment payment in respect of a Lehman Brothers investment
5DK
A defaulted investment payment shall be treated as made on 8th August 2012 in respect of a Lehman Brothers investment to the account investor who held it.
Specified amount for the purposes of a defaulted investment subscription in respect of a Lehman Brothers investment
5DL
1
This regulation determines the amount which a defaulted investment subscription must not exceed for the purposes of regulation 5DB(b) in relation to a defaulted investment payment made or treated as made in respect of a Lehman Brothers investment.
2
Where one or more defaulted investment payments in respect of a Lehman Brothers investment are made on 8th August 2012 or are treated as made on that day by virtue of regulations 5DH or 5DK, they shall be treated as if they comprised a single defaulted investment payment made on that day of an amount which is the greater of —
a
the value of the investment at the opening of trading on the London Stock Exchange on 15th September 2008; or
b
the total of the payments made or treated as made by virtue of regulation 5DH on 8th August 2012.
3
Where a defaulted investment payment in respect of a Lehman Brothers investment is made after 8th August 2012, its amount for the purposes of regulation 5DB(b) is the greater of —
a
the amount determined by the formula
A − B
where —
i
“A” is the total of the single defaulted investment payment treated as made on 8th August 2012 in respect of the investment by virtue of paragraph (2) and all defaulted investment payments made in respect of it in the period commencing immediately after that day and ending immediately after the defaulted investment payment in question;
ii
“B” is the total of all defaulted investment subscriptions made in respect of the Lehman Brothers investment before the subscription in question; or
b
the amount determined by the formula
C − D
where —
i
“C” is the value of the investment at the opening of trading on the London Stock Exchange on 15th September 2008;
ii
“D” is the total of all defaulted investment subscriptions made in respect of the Lehman Brothers investment before the subscription in question.
Special application of regulations 5DJ to 5DL in respect of a Keydata investment
5DM
In respect of a Keydata investment —
a
regulations 5DJ to 5DL shall apply as if —
i
a reference to a Lehman Brothers investment were a reference to a Keydata investment;
ii
the reference in regulation 5DJ(e)(i) to 16th September 2008 were a reference to 9th June 2009;
b
regulation 5DJ(d)(ii) shall apply as if the information it requires is the amount for which the Keydata investment in question was acquired;
c
regulation 5DL(2)(a) shall apply as if it referred to the amount of subscriptions made to the account (or any other account or personal equity plan) and other proceeds (including income) representing those subscriptions used to purchase the investment;
d
regulation 5DL(3)(a)(i) shall apply as if element “A” is the amount described in regulation 5DL(2)(a) as construed in accordance with paragraph (c) of this regulation;
e
regulation 5DL(3)(b)(i) shall apply as if element “C” is the total of the single defaulted investment payment treated as made on 8th August 2012 in respect of the investment by virtue of regulation 5DL(2) and all defaulted investment payments made in respect of it in the period commencing immediately after that day and ending immediately after the defaulted investment payment in question.
.
12
In regulation 7 (qualifying investments for a stocks and shares component) —
a
in paragraph (5)(c), for “75 per cent.” substitute “75%”;
b
in paragraph (8), for “50 per cent.” substitute “50%”.
13
In regulation 8 (qualifying investments for a cash component), for paragraph (3) substitute —
3
A deposit account or share account which is a qualifying investment for a cash component falling within sub-paragraphs (a) or (b) of paragraph (2) respectively (“Account A”) must not be connected with any other account falling within the descriptions in those sub-paragraphs (“Account B”), held by the account investor or any other person.
4
For the purposes of paragraph (3), Account A is connected with Account B if all of the following circumstances apply —
a
either of the accounts was opened with reference to the other, or with a view to enabling the other to be opened on particular terms, or with a view to facilitating the opening of the other on particular terms,
b
the terms on which Account A was opened would have been significantly less favourable to the holder if Account B had not been opened, and
c
Account B is not a tax exempt account.
5
The following are tax exempt accounts for the purposes of paragraph (4) —
a
an account opened (or treated as opened) in accordance with regulation 12 or 12A;
b
a child trust fund.
.
14
In regulation 12(1), omit “, subject to paragraph (5),”.
15
For regulation 19 and the heading preceding it (account manager ceasing to act), substitute —
Account manager’s intention to make a bulk transfer of accounts or to cease to act as an account manager
19
1
An account manager must give notice to the Board if the account manager —
a
intends to cease to act as an account manager; or
b
intends to make a bulk transfer of accounts.
2
An account manager must give notice to a person who is the account investor in relation to an account held with the account manager if the account manager —
a
intends to cease to act as an account manager; or
b
intends that the account will be one of the accounts transferred in a bulk transfer of accounts.
3
The notices described in paragraphs (1) and (2) must —
a
specify whether the account manager —
i
intends to cease to act as an account manager; or
ii
intends to make a bulk transfer of accounts;
b
where the notice specifies an intention to cease to act as an account manager, —
i
specify the day on or after which the account manager intends to cease to act as an account manager; and
ii
be given no less than 30 days before that day;
c
where the notice specifies an intention to make a bulk transfer of accounts, —
i
specify the day on or after which the account manager intends to make the first transfer in the bulk transfer of accounts;
ii
be given no less than 30 days before that day; and
iii
advise the name and address of the person to whom the account manager intends to transfer accounts.
4
The notice described in paragraph (2) must also —
a
identify the account to which it relates;
b
advise the account investor that the account may be transferred in accordance with regulation 21 or 21B otherwise than in a bulk transfer of accounts if sufficient instructions are provided to enable the account manager to do so;
c
advise the day by which the account manager must receive sufficient instructions for the account to be transferred otherwise than in a bulk transfer of accounts.
5
Where an account manager intends to make a bulk transfer of accounts in consequence of an intention to cease to act as an account manager, such intention may be specified in the same notice to the Board or an account investor (as appropriate) provided the requirements of paragraphs (3) and (4) are met.
.
16
In regulation 21 (transfers relating to accounts other than junior ISA accounts) —
a
in paragraph (4B)(b), for “regulation 4(3)” substitute “regulation 4ZA”;
b
after paragraph (4C), insert —
4CA
Regulation 12(1) does not prevent the current year’s subscriptions and the previous years’ subscriptions being transferred to an account that was held immediately before the transfer but to which no subscription has been made in the year in which the transfer occurs or the year immediately before that year.
;
c
after “shall” in paragraph (4D), insert “, subject to paragraph (4DA),”;
d
after paragraph (4D), insert —
4DA
Paragraph (4D) does not apply where —
a
an account is transferred in a bulk transfer of accounts;
b
a cash account (whether or not in a bulk transfer of accounts) is transferred to a cash account held with the transferee immediately before the time when the transfer is made;
c
a stocks and shares account (whether or not in a bulk transfer of accounts) is transferred to a stocks and shares account held with the transferee immediately before the time when the transfer is made; or
d
a cash account is transferred (otherwise than in a bulk transfer of accounts) to a stocks and shares account held with the transferee immediately before the time when the transfer is made.
4DB
Where an account is transferred in a bulk transfer of accounts that is not also a transfer described in paragraph (4DA)(b) or (c), a subscription to the account after the transfer may only be made if —
a
the subscription is made after the account investor has, during the period of time determined in accordance with paragraph (4DC), made an application to the transferee in relation to the account in accordance with regulation 12 (with any necessary modifications where appropriate to reflect that the account has been transferred in a bulk transfer of accounts);
b
the subscription is made in the year immediately following a year in which a subscription has been made to the account other than a subscription permitted by virtue of paragraph (4DE); or
c
the subscription is permitted by virtue of paragraph (4DE).
4DC
The period of time referred to in paragraph (4DB)(a) is the period —
a
starting at the beginning of the year immediately preceding the year in which the subscription is made, and
b
ending immediately before the subscription is made.
4DD
For the purposes of paragraphs (4DB) and (4DE), the current year’s subscriptions and the previous years’ subscriptions transferred are not subscriptions to the account.
4DE
A subscription to an account is permitted by this paragraph if —
a
the account has been transferred to the transferee in a group transfer of accounts;
b
the most recent application in accordance with regulation 12 relating to the transferred account made before its transfer is available to the transferee; and
c
the subscription is made —
i
in the year in which the account is transferred (provided a subscription has been made to the account in that year before the account was transferred); or
ii
in a year immediately following a year in which a subscription has been made to the transferred account (including a subscription made before the transfer).
4DF
For the purposes of paragraph (4DE)(b), an application in accordance with regulation 12 as described in that paragraph is available to a transferee if —
a
paragraph (4DG) or (4DH) applies; and
b
the transferor has advised the transferee whether a subscription has been made to the transferred account in the year immediately preceding the year in which the transfer takes place.
4DG
This paragraph applies where the application described in paragraph (4DE)(b) (or a copy of it) is held by the transferee.
4DH
This paragraph applies where —
a
the application described in paragraph (4DE)(b) (or a copy of it) is held by the transferor; and
b
the transferee can require the transferor to make it available to the transferee for any purpose necessary to ensure the transferee’s compliance with these regulations.
4DI
An account transferred in accordance with this regulation in a bulk transfer of accounts is an account opened in accordance with regulation 12 for the purposes of these Regulations whether or not an application in accordance with regulation 12 as described in paragraph (4DB)(a) is made.
;
e
for paragraph (5), substitute —
5
Where an account is transferred, the transferor must, subject to paragraph (5B), give to the transferee a notice containing the information specified in paragraph (6) before the relevant time specified in paragraph (5A).
5A
The relevant time specified in this paragraph is —
a
in the case of an account transferred in a bulk transfer of accounts, the time of the transfer;
b
in any other case, the expiry of 30 days after the day of the transfer.
5B
Paragraph (5) does not apply where a transferor provides information to a transferee in accordance with regulation 21A(2)(b)(ii).
.
17
In regulation 21A (further requirements relating to transfers between cash accounts) —
a
for paragraph (3)(b)(iii), substitute —
iii
in relation to the transfer of an account that is not a junior ISA account, the date on which the first subscription (if any) was made to the account in the year in which the transfer takes place,
iiia
in relation to the transfer of an account that is a junior ISA account, the date on which the subscription described in paragraph (3A) was made (if appropriate), and
;
b
after paragraph (3), insert —
3A
The subscription referred to in paragraph (3)(b)(iiia) is the first subscription to the account provided the subscription is made in the same year as the transfer.
.
18
In regulation 21B (transfers relating to junior ISA accounts) —
a
in paragraph (8), after “shall” insert “, subject to paragraph (8A),”;
b
after paragraph (8), insert —
8A
Paragraph (8) does not apply where an account is transferred in a bulk transfer of accounts.
8B
Where an account is transferred in a bulk transfer of accounts, a subscription to the account after the transfer may only be made if —
a
an application to the transferee in relation to the account in accordance with regulation 12A (with any necessary modifications where appropriate to reflect that the account has been transferred in a bulk transfer of accounts) has been made; or
b
the subscription is permitted by virtue of paragraph (8D).
8C
For the purposes of paragraphs (8B) and (8E), the current year’s subscriptions and the previous years’ subscriptions transferred are not subscriptions to the account.
8D
A subscription to an account is permitted by this paragraph where —
a
the account has been transferred to the transferee in a group transfer of accounts; and
b
the most recent application in accordance with regulation 12A relating to the transferred account made before its transfer is available to the transferee.
8E
For the purposes of paragraph (8D)(b), an application in accordance with regulation 12A as described in that paragraph is available to a transferee if —
a
paragraph (8F) or (8G) applies; and
b
the transferor has advised the transferee whether a subscription has been made to the transferred account in the year immediately preceding the year in which the transfer takes place.
8F
This paragraph applies where the application described in paragraph (8D)(b) (or a copy of it) is held by the transferee.
8G
This paragraph applies where —
a
the application described in paragraph (8D)(b) (or a copy of it) is held by the transferor; and
b
the transferee can require the transferor to make it available to the transferee for any purpose necessary to ensure the transferee’s compliance with these regulations.
8H
An account transferred in accordance with this regulation in a bulk transfer of accounts is a junior ISA account opened pursuant to an application in accordance with regulation 12A for the purposes of these Regulations whether or not an application in accordance with regulation 12A as described in paragraph (8B)(a) is made.
;
c
for paragraph (10), substitute —
10
Where an account is transferred, the transferor must, subject to paragraph (10B), give to the transferee a notice containing the information specified in paragraph (11) before the relevant time specified in paragraph (10A).
10A
The relevant time specified in this paragraph is —
a
in the case of an account transferred in a bulk transfer of accounts, the time of the transfer;
b
in any other case, the expiry of 30 days after the day of the transfer.
10B
Paragraph (10) does not apply where a transferor provides information to a transferee in accordance with regulation 21A(2)(b)(ii).
;
d
for paragraph (11)(b)(iv), substitute —
iv
the date on which the subscription described in paragraph (12) was made (if appropriate), and
;
e
after paragraph (11), insert —
12
The subscription referred to in paragraph (11)(b)(iv) is the first subscription to the account provided the subscription is made in the same year as the transfer.
.
19
In regulation 29 (records to be kept by account manager) —
a
renumber the existing provision as paragraph (1) of regulation 29;
b
after that paragraph, insert —
2
Where an account is transferred by an account manager (“the transferor”) to another account manager (“the transferee”) in a group transfer of accounts, any records (or copies of records) kept by the transferor in respect of the account at the time when it is transferred shall be treated for the purposes of this regulation as kept by the transferee for so long as sub-paragraphs (a), (b) and (c) of paragraph (3) apply.
3
For the purposes of paragraph (2) —
a
this sub-paragraph applies if the records described in paragraph (2) are kept by the transferor;
b
this sub-paragraph applies if the transferor and transferee are members of the same group of companies; and
c
this sub-paragraph applies if the transferee can require the transferor to make the records available to the transferee for any purpose necessary to ensure the transferee’s compliance with these regulations.
.
20
In regulation 31 (returns of information by account manager) —
a
in paragraph (3)(c)(ii), for “paragraph (3A)” insert “paragraphs (3A) and (3AB)(a)”;
b
in paragraph (3)(c)(iii), for “paragraph (3B) insert “paragraphs (3AB)(b) and (3B)”; and
c
after paragraph (3A), insert —
3AB
Where a defaulted cash account subscription in accordance with regulation 5D (subscriptions disregarded for the purposes of the subscription limits in regulations 4ZA and 4ZB) is made to an account in the year or part of the year for which a return required by this regulation is made —
a
the amount of subscriptions reported to an account manager in accordance with regulation 5DF(1)(a)(ii) (current year’s subscriptions made to the defaulted cash account) must be included as part of the total amount of cash subscribed to the account required by paragraph (3)(c)(ii);
b
paragraph (3)(c)(iii) must be construed as requiring (in addition to the information specified in that paragraph) the date reported to the account manager in accordance with regulation 5DF(1)(a)(iii).
.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2012 |
The City of Wakefield (Mayoral Referendum) Order 2012
In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1
This Order may be cited as the City of Wakefield (Mayoral Referendum) Order 2012 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order “the authority” means Wakefield City Council.
Referendum on whether to operate a mayor and cabinet executive
3
The authority must, on 3rd May 2012, hold a referendum on whether to operate a mayor and cabinet executive.
Action to be taken after referendum
4
1
If the result of the referendum held by virtue of this Order is to approve a change to a mayor and cabinet executive, the authority must implement that change.
2
If the result of the referendum held by virtue of this Order is to reject a change to a mayor and cabinet executive, the authority shall continue to operate their existing form of governance.
Default powers of the Secretary of State
5
The Secretary of State may, in the event of any failure by the authority to take any action which must be taken by the authority by virtue of this Order, take that action.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
8th February 2012 |
The Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2012
Accordingly, the Secretary of State makes the following Order:
Citation and Commencement
1
This Order may be cited as the Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (Modification) Order 2012 and shall come into force on 1st October 2012.
Amendments to Schedule 5 to the Anti-terrorism, Crime and Security Act 2001
2
Schedule 5 to the Anti-terrorism, Crime and Security Act 2001 (pathogens and toxins) is modified as follows —
a
In the list of viruses SARS Coronavirus is added at the appropriate place.
b
In the list of bacteria each of the following entries is omitted:
Clostridium perfringens
Mycobacterium tuberculosis
c
After the list of bacteria the following list is omitted:
FUNGI
Cladophialophora bantiana
Cryptococcus neoformans.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
7th June 2012 |
The Iraq (Asset-Freezing) Regulations 2012
The Treasury, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972, make the following Regulations.
Citation, commencement and application
1
1
These Regulations may be cited as the Iraq (Asset-Freezing) Regulations 2012 and shall come into force on 2nd July 2012.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EC) No. 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq, and a reference to Annex III or IV to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person”, except in Schedule 1, means a person, entity or body listed in Annex IV to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities) ;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule ) to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned or held by —
a
a designated person, or
b
the previous Government of Iraq or a person, entity or body listed in Annex III to the Council Regulation, provided that the funds or economic resources were located outside Iraq on 22nd May 2003,
if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer,
ii
deal with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or
iii
make any other change that would enable use, including portfolio management, and
b
in relation to economic resources, exchange, or use in exchange, for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person;
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
Schedule 1 (which contains provisions concerning information gathering and disclosure) has effect.
Officers of a body corporate etc.
12
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
13
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of Schedule 1 is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
14
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
15
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
16
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
17
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Revocation
18
The provisions specified in Schedule 2 are revoked to the extent specified.
Saving
19
Any licence which was granted by the Treasury under article 5 of the Iraq (United Nations Sanctions) Order 2000 and was in effect immediately before the coming into force of these Regulations shall have effect as if it were a licence granted by the Treasury under regulation 9 of these Regulations.
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 2012
SCHEDULE 1
Information Provisions
Regulation 11
Reporting obligations of relevant institutions
1
1
A relevant institution must inform the Treasury as soon as practicable if —
a
it knows, or has reasonable cause to suspect, that a person —
i
is a designated person, or
ii
has committed an offence under regulation 9 or 10, and
b
the information or other matter on which the knowledge or suspicion is based came to it in the course of carrying on its business.
2
Where a relevant institution informs the Treasury under sub-paragraph (1), it must state —
a
the information or other matter on which the knowledge or suspicion is based, and
b
any information it holds about the person by which the person can be identified.
3
Sub-paragraph (4) applies if —
a
a relevant institution informs the Treasury under sub-paragraph (1) that it knows, or has reasonable cause to suspect, that a person is a designated person, and
b
that person is a customer of the institution.
4
The relevant institution must also state the nature and amount or quantity of any funds or economic resources held by it for the customer.
5
A relevant institution that fails to comply with any requirement of sub-paragraph (1), (2) or (4) commits an offence.
Powers to request information
2
1
The Treasury may request a designated person to provide information concerning —
a
funds or economic resources owned or held by or on behalf of the designated person, or
b
any disposal of such funds or economic resources.
2
The Treasury may request a designated person to provide such information as the Treasury may reasonably require about expenditure —
a
by or on behalf of the designated person, or
b
for the benefit of the designated person.
3
The power in sub-paragraph (1) or (2) is exercisable only where the Treasury believe that it is necessary for the purpose of monitoring compliance with or detecting evasion of these Regulations.
4
The Treasury may request a person acting under a licence granted under regulation 9 to provide information concerning —
a
funds or economic resources dealt with under the licence, or
b
funds or economic resources made available under the licence.
5
The Treasury may request any person in or resident in the United Kingdom to provide such information as the Treasury may reasonably require for the purpose of —
a
establishing for the purposes of these Regulations —
i
the nature and amount or quantity of any funds or economic resources owned or held by or on behalf of a designated person,
ii
the nature and amount or quantity of any funds or economic resources made available directly or indirectly to, or for the benefit of, a designated person, or
iii
the nature of any financial transactions entered into by a designated person,
b
monitoring compliance with or detecting evasion of these Regulations, or
c
obtaining evidence of the commission of an offence under these Regulations.
6
The Treasury may specify the manner in which, and the period within which, information is to be provided.
7
If no such period is specified, the information which has been requested must be provided within a reasonable time.
8
A request may include a continuing obligation to keep the Treasury informed as circumstances change, or on such regular basis as the Treasury may specify.
9
Information requested under this paragraph may relate to any period of time during which a person is, or was, a designated person.
10
Information requested under sub-paragraph (1)(b), (2) or (5)(a)(iii) may relate to any period of time before a person became a designated person (as well as, or instead of, any subsequent period of time).
Production of documents
3
1
A request under paragraph 2 may include a request to produce specified documents or documents of a specified description.
2
Where the Treasury request that documents be produced, they may —
a
take copies of or extracts from any document so produced,
b
request any person producing a document to give an explanation of it, and
c
where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is —
i
in the case of a partnership, a present or past partner or employee of the partnership,
ii
in any other case, a present or past officer or employee of the body concerned,
to give such an explanation.
3
Where the Treasury request a designated person or a person acting under a licence granted under regulation 9 to produce documents, that person must —
a
take reasonable steps to obtain the documents (if not already in the person’s possession or control);
b
keep the documents under the person’s possession or control (except for the purpose of providing them to the Treasury or as the Treasury may otherwise permit).
Failure to comply with request for information
4
1
A person commits an offence who —
a
without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule,
b
knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request,
c
with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document, or
d
otherwise intentionally obstructs the Treasury in the exercise of their powers under this Schedule.
2
Where a person is convicted of an offence under this paragraph, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.
General power to disclose information
5
1
The Treasury may disclose any information obtained by them pursuant to these Regulations —
a
to a police officer;
b
to any person holding or acting in any office under or in the service of —
i
the Crown in right of the Government of the United Kingdom,
ii
the Crown in right of the Scottish Administration, the Northern Ireland Administration or the Welsh Assembly Government,
iii
the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,
iv
the Government of the Isle of Man, or
v
the Government of any British overseas territory;
c
to any law officer of the Crown for Jersey, Guernsey or the Isle of Man;
d
to the Legal Services Commission, the Scottish Legal Aid Board or the Northern Ireland Legal Services Commission;
e
to the Financial Services Authority, the Jersey Financial Services Commission, the Guernsey Financial Services Commission, the Isle of Man Insurance and Pensions Authority or the Isle of Man Financial Supervision Commission;
f
for the purpose of giving assistance or co-operation, pursuant to the Council Regulation, to —
i
any organ of the United Nations, or
ii
the Council of the European Union, the European Commission or the Government of a Member State;
g
with a view to instituting, or otherwise for the purposes of, any proceedings —
i
in the United Kingdom, for an offence under these Regulations, or
ii
in any of the Channel Islands, the Isle of Man or any British overseas territory, for an offence under a similar provision in any such jurisdiction; or
h
with the consent of a person who, in their own right, is entitled to the information or to possession of the document, copy or extract, to any third party.
2
In sub-paragraph (1)(h) “in their own right” means not merely in the capacity as a servant or agent of another person.
Application of provisions
6
1
Nothing done under this Schedule is to be treated as a breach of any restriction imposed by statute or otherwise.
2
But nothing in this Schedule authorises a disclosure that —
a
contravenes the Data Protection Act 1998 , or
b
is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 .
3
Nothing in this Schedule is to be read as requiring a person who has acted as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.
4
This Schedule does not limit the circumstances in which information may be disclosed apart from this Schedule.
5
This Schedule does not limit the powers of the Treasury to impose conditions in connection with the discharge of their functions under regulation 9.
6
In this paragraph “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
Interpretation
7
In this Schedule “designated person” means the previous Government of Iraq or a person, entity or body listed in Annex III or IV to the Council Regulation.
SCHEDULE 2
Revocations
Regulation 18
(1) (2) (3)
Provisions revoked References Extent of revocation The Iraq (United Nations Sanctions) Order 2000 S.I. 2000/3241 The whole Order in Council The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 S.I. 2001/3649 Article 599 The Iraq (United Nations Sanctions) Order 2003 S.I. 2003/1519 Article 3
In article 4, the definition of “Development Fund for Iraq”
Articles 9 and 10
Schedule 1
The Iraq (United Nations Sanctions)(Amendment) Order 2004 S.I. 2004/1498 The whole Order in Council The Iraq (United Nations Sanctions) Order 2000 (Amendment) Regulations 2004 S.I. 2004/1660 The whole Regulations The Iraq (United Nations Sanctions) Order 2000 (Amendment No. 2) Regulations 2004 S.I. 2004/1779 The whole Regulations |
The Sustainable Communities Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 5B and 5D(1) of the Sustainable Communities Act 2007 and after having consulted —
local authorities; and
such other persons who represent the interests of local authorities as the Secretary of State thought fit,
in accordance with section 5B(5) of that Act.
Citation, commencement and application
1
These Regulations —
a
may be cited as the Sustainable Communities Regulations 2012;
b
come into force on 26th July 2012; and
c
apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Sustainable Communities Act 2007;
“interested local persons” in relation to a local authority’s proposal means persons living, working or studying in the authority’s area who have an interest in the subject matter of a proposal;
“proposal” means a proposal made by a local authority in response to an invitation by the Secretary of State under section 5A (subsequent invitations) of the Act; and
“publish” means publish on a publicly accessible website.
Local authorities: mandatory steps before making proposals
3
Before making a proposal, a local authority must —
a
consult and try to reach agreement about the proposal with persons who in the opinion of the authority are representatives of interested local persons; and
b
have regard to guidance issued by the Secretary of State.
Duties of the Secretary of State in response to a proposal
4
In response to a proposal, the Secretary of State must —
a
consider the proposal and decide whether to implement it, in whole or in part;
b
publish —
i
the decision in relation to the proposal, giving reasons;
ii
the action that is to be taken, if the proposal is implemented, in whole or in part; and
iii
an update in relation to implementation if that action has not been completed within one year from the date the proposal was submitted by the local authority.
Role of the selector
5
1
The Secretary of State must appoint a person (the “selector”).
2
The selector must be a person who represents the interests of local authorities.
3
A local authority whose proposal has been rejected, in whole or in part, by the Secretary of State may submit that proposal to the selector.
4
The role of the selector is to —
a
consider a proposal, or part of a proposal, submitted to it under paragraph (3);
b
in considering whether or not to submit a proposal under sub-paragraph (c), or part of a proposal, take into account the views of the advisory panel, consisting of such other persons who represent the interests of local authorities or interested local persons as the selector thinks fit;
c
submit that proposal, or part of a proposal, to the Secretary of State for reconsideration if, in its opinion, it —
i
would promote the sustainability of local communities; and
ii
could and should be taken forward by the Secretary of State;
d
at the same time as the proposal or part of a proposal is submitted under sub-paragraph (c), submit its reasons for holding that opinion.
Duties of the Secretary of State in response to a resubmitted proposal
6
After receiving a submission with reasons from the selector under regulation 5(4)(c) and (d) the Secretary of State must —
a
publish the submission of the selector with its reasons;
b
consult and try to reach agreement with the selector before making a decision as to whether or not to implement the submitted proposal, in whole or in part;
c
publish the decision of the Secretary of State as to whether or not the submitted proposal is to be implemented, in whole or in part, giving reasons; and
d
where the proposal is to be implemented, in whole or in part, publish —
i
the action that is to be taken; and
ii
an update in relation to implementation if that action has not been completed within one year from the date the proposal was submitted by the selector.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
13th June 2012 |
The Education (Specified Work) (England) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 133, 134, 145 and 210(7) of the Education Act 2002 :
Citation, and commencement and application
1
1
These Regulations may be cited as the Education (Specified Work) (England) Regulations 2012 and come into force on 1st April 2012.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“the ERA 1996 ” means the Employment Rights Act 1996 ;
“the 1982 Regulations ” means the Education (Teachers) Regulations 1982 ;
“the 2003 Qualifications Regulations ” means the Education (School Teachers’ Qualifications) (England) Regulations 2003 ;
“employment-based teacher training scheme” means a scheme established by the Secretary of State under paragraph 19 of Schedule 2 to the Education (Teachers’ Qualifications and Health Standards) (England) Regulations 1999 or paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations.
Requirement to be qualified
3
1
Subject to regulation 4, a person may not carry out specified work in a school unless that person —
a
is a qualified teacher ; or
b
satisfies at least one of the requirements or conditions specified in the Schedule.
2
Where a provision in the Schedule allows a person to carry out specified work for a specified period, that period shall be extended to take account of any period when the person is absent from work —
a
in exercise of —
i
her right to maternity leave conferred by section 71 or 73 of the ERA 1996 or her contract of employment and has the right to return to work by virtue of either of those sections or her contract of employment;
ii
the right to parental leave conferred by section 76 of the ERA 1996;
iii
the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996 ; or
iv
the right to adoption leave conferred by section 75A or 75B of the ERA 1996 ; or
b
because of her pregnancy.
Qualified teachers: further provision
4
1
This paragraph applies in the case of a teacher who —
a
has been determined to be unsuited for further employment as a qualified teacher pursuant to paragraph 2(c) of Schedule 2 to the Schools Regulations 1959 , or
b
has received written notice under paragraph 5(2) of Schedule 6 to the 1982 Regulations.
2
On and after 1st September 2012 a teacher mentioned in sub-paragraph (1) may only carry out specified work in a school if the teacher has, before that date, obtained the consent of the Secretary of State.
Specified work
5
1
Each of the following activities is specified work for the purposes of these Regulations —
a
planning and preparing lessons and courses for pupils;
b
delivering lessons to pupils;
c
assessing the development, progress and attainment of pupils; and
d
reporting on the development, progress and attainment of pupils.
2
In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.
Revocations and saving
6
1
The following instruments are revoked —
a
the Education (Specified Work and Registration) (England) Regulations 2003 (“the 2003 Regulations ”);
b
the Education (Specified Work and Registration) (England) (Amendment) Regulations 2007 ; and
c
the Education (Specified Work and Registration) (England) (Amendment) Regulations 2008 .
2
Despite the revocation of the 2003 Regulations, paragraph 1(1) of Part 2 to those Regulations continues to have effect.
Nick Gibb
Minister of State
Department for Education
8th March 2012
SCHEDULE
THE REQUIREMENTS TO BE SATISFIED BY PERSONS WHO ARE NOT QUALIFIED TEACHERS IN ORDER TO CARRY OUT SPECIFIED WORK
Regulation 3
Existing unqualified teachers in nursery classes and at nursery schools
1
1
This paragraph applies in the case of —
a
an assistant teacher at a nursery school, or
b
a teacher of a nursery class,
who was permitted to be employed as a teacher by paragraph 4 of Schedule 4 to the 1982 Regulations and who was so employed immediately before 1st September 1989.
2
A person mentioned in sub-paragraph (1) may continue to carry out specified work in a school in that same capacity.
Instructors with special qualifications or experience
2
1
This paragraph applies in the case of a person appointed, or proposed to be appointed, to give instruction in any art or skill or in any subject or group of subjects (including any form of vocational training), where special qualifications or experience or both are required in order to carry out the specified work.
2
A person mentioned in sub-paragraph (1) may carry out specified work in a school if —
a
at the time of appointment —
i
the local authority, in the case of a school which has no delegated budget or a pupil referral unit;
ii
the governing body acting with the consent of the local authority, in the case of a school which has a delegated budget; or
iii
the governing body in the case of a special school not maintained by a local authority,
is satisfied as to that person’s qualifications or experience or both; and
b
no suitable qualified teacher or teacher on the employment based training scheme is available for such appointment or to give such instruction.
3
A person appointed pursuant to sub-paragraph (1) and (2) may carry out specified work in a school, subject to sub-paragraph (4), only for such period of time as no suitable qualified teacher or teacher on the employment-based teacher training scheme is available for appointment or to give instruction.
4
Sub-paragraph (3) does not apply in the case of a person mentioned in that sub-paragraph appointed before 8th April 1982 where —
a
that person’s appointment was for a specified period, for so long as that period has not expired; or
b
the appointment was for an unspecified period, if it was not otherwise expressed to be temporary only.
Overseas trained teachers
3
1
This paragraph applies to a person who has successfully completed a programme of professional training for teachers in any country outside of the United Kingdom, which programme is recognised as such by the competent authority in that country.
2
A person mentioned in sub-paragraph (1) may carry out specified work in a school (other than a pupil referral unit) for a period of up to four years commencing on the day on which that person first carries out specified work in a school.
Teacher trainees who have yet to pass the skills test
4
1
This paragraph applies in the case of a person who —
a
is required to pass the teacher trainee skills tests in order to satisfy the specified standards;
b
is mentioned in paragraph 9 or 10 of Schedule 2 to the 2003 Qualifications Regulations; and
c
would have qualified teacher status but for the fact that the person has not passed the teacher trainee skills tests.
2
A person mentioned in sub-paragraph (1) may carry out specified work in a school (other than a pupil referral unit) until 1st April 2013.
3
In this paragraph —
a
the “specified standards” means the standards set out in “Teachers’ Standards” published by the Secretary of State in July 2011 ;
b
the “teacher trainee skills tests” means the literacy and numeracy teacher trainee skills tests administered by the Secretary of State.
Employment-based teacher training schemes
5
1
This paragraph applies to a person who is undertaking training for the purposes of a employment-based teacher training scheme.
2
A person mentioned in sub-paragraph (1) may carry out specified work in a school until such time as —
a
that person successfully completes the scheme;
b
that person ceases to undertake the scheme; or
c
where the person is also a person mentioned in paragraph 3(1), the period specified in paragraph 3(2) expires, if that occurs first.
Persons who may carry out specified work under supervision
6
1
This paragraph applies to a person who carries out specified work in a school where —
a
the person carries out such work in order to assist or support the work of a qualified teacher or a nominated teacher in the school;
b
the person is subject to the direction and supervision of a qualified teacher or nominated teacher in accordance with arrangements made by the head teacher of the school; and
c
the head teacher is satisfied that the person has the skills, expertise and experience required to carry out specified work.
2
In this paragraph a “nominated teacher” means a person who is mentioned in paragraphs 2, 3 or 4 of this Schedule and who is nominated by the head teacher where the head teacher considers that appropriate in the circumstances.
3
In determining whether the person mentioned in sub-paragraph (1) has the skills, expertise and experience required to carry out specified work in a school, the head teacher may have regard to —
a
such standards for higher-level teaching assistants, or guidance concerning school support staff as may be published from time to time by the Secretary of State; and
b
such guidance as to contractual matters relating to school support staff as may be published from time to time by any local authority or other employer. |
The Child Trust Funds (Amendment) Regulations 2012
The Treasury make the following Regulations in exercise of the powers conferred by sections 3(2) and 28(1) to (4) of the Child Trust Funds Act 2004 :
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment) Regulations 2012 and come into force on 8th August 2012.
Amendment of the Child Trust Funds Regulations 2004
2
For paragraph (8) of regulation 12 (qualifying investments for an account) of the Child Trust Funds Regulations 2004 , substitute —
8
A deposit account or share account which is a qualifying investment for an account falling within paragraph (2)(k) or (l) must not be connected with any other investment, held by the named child or any other person.
8A
For the purposes of paragraph (8), a deposit account or share account described in that paragraph, is connected with another investment if —
a
either was opened or acquired with reference to the other, or with a view to enabling the other to be opened or acquired on particular terms, or with a view to facilitating the opening or acquisition of the other on particular terms,
b
the terms on which the deposit account or share account was opened would have been significantly less favourable to the holder if the other investment had not been held, and
c
the other investment is not a tax exempt investment.
8B
The following are tax exempt investments for the purposes of paragraph (8A) —
a
an account investment held under a child trust fund;
b
an account investment within the meaning given in the Individual Savings Account Regulations 1998 held under an account opened (or treated as opened) in accordance with regulation 12 or 12A of those regulations.
.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2012 |
The City of Sheffield (Mayoral Referendum) Order 2012
In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1
This Order may be cited as the City of Sheffield (Mayoral Referendum) Order 2012 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order “the authority” means Sheffield City Council.
Referendum on whether to operate a mayor and cabinet executive
3
The authority must, on 3rd May 2012, hold a referendum on whether to operate a mayor and cabinet executive.
Action to be taken after referendum
4
1
If the result of the referendum held by virtue of this Order is to approve a change to a mayor and cabinet executive, the authority must implement that change.
2
If the result of the referendum held by virtue of this Order is to reject a change to a mayor and cabinet executive, the authority shall continue to operate their existing form of governance.
Default powers of the Secretary of State
5
The Secretary of State may, in the event of any failure by the authority to take any action which must be taken by the authority by virtue of this Order, take that action.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
8th February 2012 |
The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2012
In accordance with section 53(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application
1
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2012 and come into force on 1st April 2012.
2
Regulation 2(a) applies only in relation to a person —
a
first diagnosed with mesothelioma on or after 1st April 2012; or
b
where the date of their first diagnosis with mesothelioma is unknown, if a claim is made by that person on or after 1st April 2012.
3
Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2012.
Amendment of the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
2
In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 —
a
for Table 1 substitute —
Table 1
Amount of lump sum payment to person with mesothelioma
Age of person with mesothelioma at diagnosis, or if unknown, at date of claim Payment
£
37 and under 81,536 38 79,951 39 78,369 40 76,787 41 75,202 42 73,619 43 72,829 44 72,033 45 71,245 46 70,453 47 69,660 48 67,447 49 65,231 50 63,011 51 60,796 52 58,575 53 56,994 54 55,412 55 53,832 56 52,242 57 50,660 58 46,546 59 42,427 60 38,316 61 34,197 62 30,081 63 27,546 64 25,012 65 22,483 66 19,949 67 17,416 68 16,900 69 16,384 70 15,873 71 15,359 72 14,844 73 14,407 74 13,962 75 13,534 76 13,104 77 and over 12,666
b
for Table 2 substitute —
Table 2
Amount of lump sum payment to dependant
Age of person with mesothelioma at death Payment
£
37 and under 42,432 38 41,520 39 40,610 40 39,700 41 38,790 42 37,880 43 37,009 44 36,129 45 35,264 46 34,394 47 33,525 48 32,455 49 31,386 50 30,318 51 29,253 52 28,186 53 27,309 54 26,441 55 25,570 56 24,695 57 23,827 58 21,417 59 18,999 60 16,586 61 14,170 62 11,753 63 11,064 64 10,379 65 9,676 66 8,986 67 and over 7,025
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
21st March 2012 |
The River Humber (Burcom Outfall) (Transfer) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 3 and 5 of, and paragraph 15 of Schedule 1 to, the 1992 Act makes the following Order.
Citation and commencement
1
This Order may be cited as the River Humber (Burcom Outfall) (Transfer) Order 2012 and comes into force on 5th October 2012.
Interpretation
2
In this Order —
“the 1986 Act ” means the River Humber (Burcom Outfall) Act 1986 ;
“ Associated British Ports ” means Associated British Ports Holding Limited with the company number 1612178 of Aldwych House, 71-79, Aldwych, London WC2B 4HN;
“ RPM ” means RPM Industrial Site Services Limited with the company number 5918088 of Moody Lane, Grimsby, North East Lincolnshire DN31 2SW; and
“ Tioxide ” means Tioxide Europe Limited with the company number 832447 of Haverton Hill Road, Billingham TS23 1PS, which was until 15 October 1991 known as Tioxide UK Limited, and includes its successors.
Transfer of powers
3
1
Tioxide may enter into, and carry into effect, agreements for the transfer to RPM of the powers and duties conferred or imposed on Tioxide by the 1986 Act.
2
RPM, or any person to whom it transfers powers under the 1986 Act under this paragraph, may, with the consent of the Secretary of State, which must not be sought without first notifying Associated British Ports in writing of the name and address of the intended transferee and of the intention to seek such consent, enter into, and carry into effect, agreements for the transfer to another person of the powers and duties conferred or imposed on Tioxide by the 1986 Act.
3
The exercise of any power or duties conferred or imposed by the 1986 Act by any other person in accordance with an agreement under paragraph (1) or (2) is subject to the same liabilities, obligations and restrictions under that Act as would apply if that power were exercised by Tioxide.
4
Not later than 21 days before any such agreement comes into effect the transferor must give written notice to the Secretary of State and to Associated British Ports stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.
Signed by authority of the Secretary of State
David Cooper
A Senior Civil Servant
in the Department for Environment, Food and Rural Affairs
4th October 2012 |
The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2012
Citation and commencement
1
This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2012 and shall come into force on 30th June 2012.
Amount of penalty
2
In the Table in Part II of the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 , after the entry relating to section 12 of the Licensing Act 1872 insert —
Section 2(1) of the Parks Regulation (Amendment) Act 1926 so far as it creates an offence against the Parks Regulation Act 1872 relating to the following provisions of the Royal Parks and Other Open Spaces Regulations 1997 ( S.I. 1997/1639 ) — Failing to comply with, or contravening, those Regulations by — (a) regulation 3(3) dropping or leaving litter or refuse except in a receptacle provided for the purpose (b) regulation 3(4) using a pedal cycle, a roller blade etc except on a Park road or in a designated area (c) regulation 3(6) failing to remove immediately any faeces deposited by an animal of which that person is in charge
Signed by authority of the Secretary of State
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
30th May 2012 |
The Personal Injuries (Civilians) Scheme (Amendment) Order 2012
The Secretary of State, with the approval of the Treasury, makes the following Order in exercise of the powers conferred by sections 1 and 2 of the Personal Injuries (Emergency Provisions) Act 1939 and now vested in the Secretary of State :
Citation, commencement and interpretation
1
1
This Order may be cited as the Personal Injuries (Civilians) Scheme (Amendment) Order 2012 and shall come into force on 9th April 2012.
2
In this Order “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendments to the principal Scheme
2
1
For Schedule 3 to the principal Scheme substitute the Schedule set out in Schedule 1 to this Order.
2
For Schedule 4 to the principal Scheme substitute the Schedule set out in Schedule 2 to this Order.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
15th February 2012
We approve
James Duddridge
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
29th February 2012
SCHEDULE 1
SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 3 TO THE PRINCIPAL SCHEME
Article 2(1)
SCHEDULE 3
RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS
Article 11
Table
RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS
Description of Pension or Allowance Rate
(*)
maximum.
1. Pension for 100 per cent. disablement under article 11 £167.80 per week 2. Education allowance under article 13 £120.00 per annum 3. Constant attendance allowance under article 14 A. For decisions made before 9th April 2001 — (a) under the proviso to article 14 £126.60 per week (b) in any other case under article 14 £63.30 per week B. For decisions made on or after 9th April 2001 — (a) the part day rate of constant attendance allowance under article 14(2) £31.65 per week (b) the full day rate of constant attendance allowance under article 14(3) £63.30 per week (c) the intermediate rate of constant attendance allowance under article 14(4) £94.95 per week (d) the exceptional rate of constant attendance allowance under article 14(5) £126.60 per week 4. Exceptionally severe disablement allowance under article 15 £63.30 per week 5. Severe disablement occupational allowance under article 16 £31.65 per week 6. Allowance for wear and tear of clothing under article 17(1) £216.00 per annum 7. Unemployability allowances — (a) personal allowance under article 18(1)(i) £103.65 per week (b) additional allowances for dependants by way of — (i) increase of allowance in respect of a spouse, civil partner or adult dependant under article 18(5)(b) £57.60 per week (ii) increase of allowance under article 18(5)(d) — (aa) in respect of the only, elder or eldest child £13.40 per week (bb) in respect of each other child £15.75 per week (cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £15.75 per week For decisions made on or after 9th April 2001 (c) the annual earnings figure for the purposes of article 18(2) is £4,940 (d) the weekly income figure for the purposes of article 18(5)(b) is £67.50 8. Invalidity allowance payable under article 19 (a) if — (i) the relevant date fell before 5th July 1948; (ii) on the relevant date the disabled person was under the age of 35; or £20.55 per week (iii) on the relevant date the disabled person was under the age of 40 and had not attained the age of 65, in the case of a disabled person being a man, or 60, in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979 (b) if — (i) on the relevant date the disabled person was age 35 or over but under the age of 45; or (ii) on the relevant date the disabled person was age 40 or over but under the age of 50 and had not attained the age of 65, in the case of a disabled person being a man, or 60 in the case of that person being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979 £13.30 per week (c) if sub-paragraph (a) or (b) does not apply and on the relevant date the disabled person was under the age of 60 £6.65 per week 9. Comforts Allowance — (a) under article 20(1)(a) £27.20 per week (b) under article 20(1)(b) or 45(1) £13.60 per week 10. Allowance for lowered standard of occupation under article 21 £63.24 per week 11. Age Allowance under article 22 where the degree of pensioned disablement is — (a) 40 or 50 per cent. £11.25 per week (b) 60 or 70 per cent. £17.25 per week (c) 80 or 90 per cent. £24.55 per week (d) 100 per cent. £34.50 per week 12. For decisions made before 9th April 2001, treatment allowance — increase of personal allowance under article 25 £34.50 per week 13. Part-time treatment allowance under article 25 £77.00 per day 14. Mobility supplement under article 25A £60.40 per week
SCHEDULE 2
SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 4 TO THE PRINCIPAL SCHEME
Article 2(2)
SCHEDULE 4
RATES OF PENSION AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Article 27
Table
RATES OF PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Description of Pension or Allowance Rate
(*)
maximum.
1. Pension to surviving spouses and surviving civil partners — (a) under article 27(1) £127.25 per week (b) under article 27(2) £30.48 per week (c) under article 27(3) £85.12 per week 2. Rent allowance under article 28 £47.95 per week 3. Allowance under article 29 or 50 to an elderly surviving spouse and elderly surviving civil partner — (a) if aged 65 or over but under 70 £14.50 per week (b) if aged 70 or over but under 80 £27.90 per week (c) if aged 80 or over £41.35 per week 4. Pension under article 30 to dependants who lived as spouses and dependants who lived as civil partners £1.00 per week 5. Allowance under article 33 in respect of each child under the age of 15 — (a) in respect of the only, elder or eldest child £19.95 per week (b) in respect of each other child £22.35 per week (c) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £22.35 per week 6. Pension under article 34(1) where the decision is made before 9th April 2001, to a motherless or fatherless child under the age of 15 and, where the decision is made on or after that date, under article 34(2) to a child under the age of 15 with no parents living — (a) in respect of the only, or elder or eldest child £22.80 per week (b) in respect of each other child £25.00 per week (c) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £25.00 per week 7. Pension or allowance where the decision is made before 9th April 2001, under article 35(3) and, where the decision is made on or after that date, under article 35(2) to or in respect of a child aged 15 or over — (a) where the child has attained the age of 18 and is incapable of self-support by reason of an infirmity which arose before he attained the age of 15 £97.75 per week (b) any other case — (i) in respect of the only, elder or eldest child £22.80 per week (ii) in respect of each other child £25.00 per week (iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992 or under any legislation in Northern Ireland or the Isle of Man corresponding to that Act £25.00 per week 8. Education allowance under article 36 £120 per annum 9. Pensions to parents — (a) minimum rate under article 38(4) £0.25 per week (b) maximum rate under article 38(4) (i) where there is only one eligible parent £1.00 per week (ii) where there is more than one eligible parent £1.38 per week (c) increase under the proviso to article 38(4) — (i) where there is only one eligible parent £0.38 per week (ii) where there is more than one eligible parent £0.62 per week 10. Pensions to other dependants — (a) for each juvenile dependant under article 39(4) £0.30 per week (b) aggregate rate under article 39(4) £1.00 per week (c) under article 39(5) £1.00 per week |
The Finance Act 2010, Schedule 6, Part 1 (Further Consequential and Incidental Provision etc) Order 2012
The provision made by this Order appears appropriate in consequence of, or otherwise in connection with, Part 1 of that Schedule.
Citation, commencement and effect
1
This Order may be cited as the Finance Act 2010, Schedule 6, Part 1 (Further Consequential and Incidental Provision etc) Order 2012 and comes into force on 1st April 2012.
2
1
Article 5 has effect in relation to —
a
a supply of goods or services (including anything treated as such a supply) made on or after 1st April 2012,
b
an acquisition of goods from another member State on or after 1st April 2012, and
c
an importation of goods from a place outside the member States on or after 1st April 2012.
2
In paragraph (1) —
“acquisition of goods from another member State” shall be construed in accordance with section 11 of VATA 1994 ;
“another member State” has the meaning given by section 96(1) of VATA 1994 ;
“importation of goods from a place outside the member States” shall be construed in accordance with section 15 of VATA 1994;
“supply” shall be construed in accordance with section 5 of VATA 1994.
3
Article 6 has effect —
a
for corporation tax purposes, for accounting periods beginning on or after 1st April 2012, and
b
for capital gains tax purposes, for the tax year 2012-13 and subsequent tax years.
4
Article 7 has effect —
a
for corporation tax purposes, for accounting periods beginning on or after 1st April 2012, and
b
for income tax purposes, for the tax year 2012-13 and subsequent tax years.
Definition of “charity” for the purposes of value added tax
5
1
The definition of “charity” in section 1(1) of the Charities Act 2011 ceases to apply for the purposes of enactments relating to value added tax to which it would otherwise apply.
2
Accordingly, by virtue of paragraph 33(2) of Schedule 6 to the Finance Act 2010, the definition of “charity” in Part 1 of that Schedule applies for the purposes of those enactments.
Definition of “charity” for the purposes of capital gains tax
6
1
The definition of “charity” in section 1(1) of the Charities Act 2011 ceases to apply for the purposes of the enactments relating to capital gains tax to which it would otherwise apply.
2
Accordingly, by virtue of paragraph 33(2) of Schedule 6 to the Finance Act 2010, the definition of “charity” in Part 1 of that Schedule applies for the purposes of those enactments.
Amendment of CTA 2009
7
In Schedule 4 to CTA 2009 (index of defined expressions), in the entry for “charity”, for “section 1119 of CTA 2010 ” substitute “paragraph 1 of Schedule 6 to FA 2010 ”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2012 |
The Offshore Installations (Safety Zones) (No.3) Order 2012
The Secretary of State makes this Order —
in exercise of the powers conferred by sections 22(1) and (2) of the Petroleum Act 1987 (“ the Act ”); and
for the purpose of giving effect to proposals submitted to him by the Health and Safety Executive under section 24(2A) of the Act.
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.3) Order 2012 and comes into force on 13th July 2012.
Establishment of safety zone
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres, as respects that installation, from the point which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Grayling
Minister of State
Department for Work and Pensions
18th June 2012
SCHEDULE
SAFETY ZONE
Article 2
(1)
Name or other designation of the offshore installation
(2)
Latitude
(3)
Longitude
Fram Drill Centre East
Block 29/3c, Fram Field
56°50.86’ North 01°35.71’ East
Galia Production Drill Centre
Block 30/24b, Galia Field
56°11.15’ North 02°41.33’ East
Alma Production Manifold
Block 30/24c, Alma Field
56°11.90’ North 02°45.76’ East Pierce C1 Well, Block 23/22a, Pierce Field 57°10.99’ North 02°12.90’ East |
End of preview. Expand
in Dataset Viewer.
- Downloads last month
- 46
Size of downloaded dataset files:
287 MB
Size of the auto-converted Parquet files:
287 MB
Number of rows:
48,514
Models trained or fine-tuned on santoshtyss/uk_legislation