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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 |
The Building Regulations &c. (Amendment) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 2A, 16(9) and (10), 17(1) and (6), 34, 47(1) to (5), 49(5), 50(1), (4) and (6), 51(1) and (2), 51A(2), (3) and (6) and 56(1) and (2) of and paragraphs 1, 2, 4, 4A, 6, 7, 8, 9 and 10 of Schedule 1 to the Building Act 1984:
Citation, extent, application, and commencement
1
1
These Regulations may be cited as The Building Regulations &c. (Amendment) Regulations 2012.
2
These Regulations extend to England and Wales.
3
Subject to paragraph (4), these Regulations do not apply in relation to any building in Wales, other than an excepted energy building.
4
Regulations 14, 15, 16, 17, 18, 19, 22 and 23 apply in relation to —
a
educational buildings and buildings of statutory undertakers in Wales;
b
Crown buildings in Wales; and
c
building work carried out or proposed to be carried out by Crown authorities in Wales.
5
Each provision of these Regulations mentioned in the second column of the Table in Schedule 1 shall come into force on the date mentioned in the first column of that Table, for the purpose mentioned in the third column.
6
In this regulation —
“excepted energy building” has the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions)(Order No.2) Order 2009 ;
“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;
“Crown building” means a building in which there is a Crown interest or Duchy interest;
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and
“educational buildings and buildings of statutory undertakers” means buildings that fall within section 4(1)(a), (b) or (c) of the Building Act 1984.
PART 1 The Building Regulations 2010
Amendment of the Building Regulations 2010
2
The Building Regulations 2010 (“the 2010 Regulations ”) are amended as set out in regulations 3 to 32.
Interpretation
3
In regulation 2(1) —
a
in the definition of “energy efficiency requirements”, after “23”, insert “25A, 25B”;
b
after the definition of “energy efficiency requirements” insert —
“energy performance certificate” means a certificate which complies with the requirements of regulation 29 of these Regulations;
c
for the definition of “fixed building services” substitute —
“fixed building services” means any part of, or any controls associated with —
fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);
fixed systems for heating, hot water, air conditioning or mechanical ventilation; or
any combination of systems of the kinds referred to in paragraph (a) or (b);
.
Limitation on requirements
4
In regulation 8, omit “N”.
Exempt buildings and work
5
In regulation 9(3)(a), after “greenhouse” insert “used for domestic purposes”.
Giving of building notice or deposit of plans
6
In regulation 12 —
a
after paragraph (6) insert —
6A
A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of —
a
the installation of a new circuit;
b
the replacement of a consumer unit; or
c
any addition or alteration to existing circuits in a special location.
; and
b
in paragraph (9) —
i
after the definition of “fronting”, omit “and”; and
ii
after the definition of “private street”, omit “.” and insert —
; and
“special location” means —
within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends —
vertically from the finished floor level to —
a height of 2.25 metres; or
the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and
horizontally —
where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or
where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or
a room containing a swimming pool or sauna heater.
.
Full Plans
7
In regulation 14, omit paragraph (5).
Consultation with sewerage undertaker
8
In regulation 15(2)(b), for “pursuant to a request under regulation 14(5)” substitute “or 17A”.
Notice of commencement and completion of certain stages of work
9
Regulation 16 is amended as follows —
a
omit paragraphs (2) and (3), and substitute —
2
Subject to paragraph (8), a person carrying out building work must notify the local authority as required by the authority in accordance with paragraph (3).
3
Subject to the conditions in paragraphs (3A) and (3B), where a local authority receives notice of intention to commence building work under paragraph (1) they may give the person carrying out the work a notice in writing which —
a
requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and
b
may specify one or more periods of time, applying to each such required notification, which may be either or both of the following —
i
a period before or after the work has been carried out within which the notification must be made; and
ii
a period during which the work concerned must not be covered up.
3A
A local authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.
3B
For the purposes of paragraph (3A) the local authority’s intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work..
;
b
in paragraph (5), after the words “where a building is being erected”, add “to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work”; and
c
in paragraph (6), for “to (3)” substitute “or (2)”.
Completion certificates
10
Regulation 17 is amended as follows —
a
for paragraphs (1) to (3) substitute —
1
A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.
2
The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.
2A
The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions —
a
regulation 25A (high-efficiency alternative systems for new buildings),
b
regulation 26 (target CO² emission rates for new buildings),
c
regulation 29 (energy performance certificates),
d
regulation 36 (water efficiency of new dwellings),
e
regulation 38 (fire safety information), and
f
Schedule 1.
; and
b
after paragraph (4), insert —
5
The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph(4).
11
After the end of regulation 17, insert —
Certificate for building occupied before work is completed
17A
1
A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply —
a
part or all of the building is to be occupied before the work is completed;
b
the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and
c
the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.
2
The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).
3
A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.
4
The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3)
.
Supervision of building work otherwise than by local authorities
12
In regulation 19(1), after “17 (completion certificates)” insert “17A (Certificate for building occupied before work is completed)”.
Provisions applicable to self-certification schemes
13
Regulation 20 is amended as follows —
a
after the end of paragraph (3)(b)(ii) insert —
3A
A local authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).
3B
If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include —
a
in the certificate referred to in paragraph (2); and
b
in the notice given to the local authority referred to in paragraph (3)(b)(i),
a statement to that effect.
3C
Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.
3D
In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.
b
after the end of paragraph (4) insert —
5
A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.
6
The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).
.
Application of energy efficiency requirements
14
In regulation 21(5) for “European Parliament and Council Directive 2002/91/ EC of 16 December 2002 on the energy performance of buildings” substitute “European Parliament and Council Directive 2010/31/ EU of 19 May 2010 on the energy performance of buildings (recast)”.
Requirements relating to thermal elements
15
For regulation 23 (and the heading before it) substitute —
Requirements for the renovation or replacement of thermal elements
23
1
Where the renovation of an individual thermal element —
a
constitutes a major renovation; or
b
amounts to the renovation of more than 50% of the element’s surface area;
the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.
2
Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement —
a
constitutes a major renovation; or
b
(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;
the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.
.
Minimum energy performance requirements for new buildings
16
In regulation 25 for “based upon” substitute “set in accordance with”.
Consideration of high-efficiency alternative systems for new buildings (new regulation 25A) and nearly zero-energy requirements for new buildings (new regulation 25B)
17
After regulation 25 ((minimum energy performance requirements for new buildings), insert —
Consideration of high-efficiency alternative systems for new buildings
25A
1
Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available —
a
decentralised energy supply systems based on energy from renewable sources;
b
cogeneration;
c
district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and
d
heat pumps.
2
The person carrying out the work must —
a
not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1) —
i
has been undertaken;
ii
is documented; and
iii
the documentation is available to the authority for verification purposes; and
b
ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority.
3
An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with.
4
The analysis referred to in paragraph (1) —
a
may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and
b
in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.
5
In this regulation —
a
“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following —
i
electrical energy;
ii
mechanical energy;
b
“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;
c
“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; and
d
“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)
Nearly zero-energy requirements for new buildings
25B
Where a building is erected, it must be a nearly zero-energy building.
.
Energy performance certificates
18
In regulation 29 —
a
in paragraph 4(c), for “that category of building”, substitute “the category of building to which the certificate relates”;
b
at the end of paragraph (4)(c) —
i
omit “and”; and
ii
insert —
cc
include a recommendation report unless there is no reasonable potential for energy performance improvements (in terms of the applicable energy efficiency requirements);
cd
be valid in accordance with paragraph (9); and
;
c
for paragraph (4)(d)(i), substitute —
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 30(4);
;
d
omit paragraph (5); and
e
after paragraph (7) insert —
8
Certification 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, provided such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
9
An energy performance certificate is only valid 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.
10
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.
.
Recommendation reports (new regulation 29A)
19
After regulation 29 (energy performance certificates) insert —
Recommendation reports
29A
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.
2
A recommendation report must include —
a
recommended cost-effective measures that could be carried out in connection with a major renovation of the building envelope or fixed building services;
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 fixed building services;
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
In this regulation “building element” means a controlled service or fitting or a thermal element of the building envelope.
.
Energy assessors
20
In regulation 30 —
a
for paragraph (3)(g), substitute —
for requiring the sets of data from which may be produced energy performance certificates and recommendation reports prepared by members of the scheme to be entered onto the relevant register referred to in paragraph (4);
and
b
in paragraph (4) for “regulation 31 of the Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 ” substitute “regulation 27 of the Energy Performance of Buildings (England and Wales) Regulations 2012 ”.
Right to copy documents
21
In regulation 33 for “the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007” substitute “the Energy Performance of Buildings (England and Wales) Regulations 2012”.
Application of building regulations to educational buildings, buildings of statutory undertakers and Crown buildings
22
For regulation 34 (and the preceding heading), substitute —
Application of building regulations to educational buildings, buildings of statutory undertakers and Crown buildings
34
1
Regulations 23(1)(a), 25A, 25B, 26, 29 (apart from regulation 29(10)), 29A apply (in so far as applicable by virtue of regulation 21) to —
a
educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);
b
Crown buildings; and
c
building work carried out or proposed to be carried out by Crown authorities.
2
In this regulation, a reference to “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.
.
Interpretation of Part 6
23
In regulation 35(1) —
a
after the definition of “building” insert —
“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;
“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;
“Crown building” means a building in which there is a Crown interest or a Duchy interest;
“Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
;
b
after the definition of “energy assessor” —
i
omit “and”; and
ii
insert —
“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; and
“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby.
; and
c
omit the definition of “recommendation report”.
Pressure testing
24
In regulation 43(4), after “British Institute of Non-destructive Testing” insert “or the Air Tightness Testing and Measurement Association” .
Contravention of certain regulations not to be an offence
25
For regulation 47 substitute —
47
The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply —
a
regulations 17, 17A, 25A, 27, 29, 37, 41, 42, 43 and 44; and
b
regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.
.
Electronic service of documents
26
In regulation 48(1) —
a
in sub-paragraph (d) after “regulation 17” insert “or regulation 17A”;
b
after sub-paragraph (g) insert —
ga
a notice under regulation 25A;
.
Schedule 1 to the 2010 Regulations - Requirements
27
In Schedule 1 to the 2010 Regulations —
a
for Part K (protection from falling, collision and impact), substitute Part K set out in Schedule 2 to these Regulations; and
b
omit Part N (Glazing-safety in relation to impact, opening and cleaning).
Schedule 2 to the 2010 Regulations – Exempt buildings and works
28
In Class 7, for “Part N” substitute “Part K4, K5.1, K5.2, K5.3, and K5.4”.
Schedule 3 to the 2010 Regulations – Self-certification schemes
29
1
In column 1 of Schedule 3 —
a
in paragraphs 1, 3 and 4, add “(This paragraph does not apply to the provision of a masonry chimney.)”.
b
in paragraph 10, after “electrical controls” insert “in buildings other than dwellings”;
c
in paragraph 11, after “installations” insert “in dwellings”; and
d
in paragraph 12, after “installations” insert “in dwellings”.
2
In column 2 of Schedule 3 —
a
for “Ascertiva Group Limited” or “ECA Certification Limited” (whichever occurring), substitute “Certsure LLP (in respect of work carried out in England and excepted energy buildings in Wales)”, provided that, where the substitution results in a duplicate reference in the same paragraph of the table, the second reference is to be omitted;
b
in paragraph 3 —
i
after “Benchmark Certification Limited ” omit “(other than in respect of work carried out in England and or in relation to excepted energy buildings in Wales);
ii
for “or” substitute “,”; and
iii
before “in respect of that type of work” insert “or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
c
in paragraph 5, after Benchmark Certification Limited omit “(other than in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
d
in paragraph 8 —
i
for “or” substitute “,”; and
ii
before “in respect of that type of work” insert “ECA Certification Limited , NAPIT Registration Limited (in respect of work carried out in England and excepted energy buildings in Wales) or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales).”;
e
in paragraph 9 —
i
after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England and excepted energy buildings in Wales)”, insert “ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
ii
for “or” where it first occurs, substitute “,”; and
iii
before “in respect of that type of work”, insert “or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
f
in paragraph 10, after “Ascertiva Group Limited” insert “Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
g
in paragraph 13 —
i
after “BM Trada Certification Limited” insert “Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
ii
after “CERTASS Limited” insert “NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales);
iii
for “or” where it occurs a second time, substitute “,”; and
iv
after “Network VEKA Limited” insert “ or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”
h
in paragraph 14 —
i
after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”, insert “, ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
ii
for “or” where it occurs a second time, substitute “,”; and
iii
after “NAPIT registration Limited” insert “or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
i
in paragraph 15, after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England and excepted energy buildings in Wales)”, insert “ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
j
in paragraph 16 —
i
after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”, insert “ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
ii
for “or” where it occurs a second time, substitute “,”; and
iii
after “NAPIT registration Limited” insert “or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
k
in paragraph 18, after “Cavity Insulation Guarantee Agency Limited” insert “Ascertiva Group Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
l
in paragraph 19, after “registered by” insert NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) or”; and
m
in paragraph 21, after “BM Trada Certification Limited” insert “CERTASS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”.
30
Omit paragraph 20 of Schedule 3.
31
After paragraph 21 of Schedule 3, add the following paragraphs —
22. Installation of insulating material to the internal walls of a building. In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work. 23 . Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings. In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work. 24 . Installation of insulation material to both external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings. In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited or NAPIT Registration Limited in respect of that type of work.
.
Schedule 4 to the 2010 Regulations – Descriptions of work where no building notice or deposit of full plans required
32
In Schedule 4 —
a
omit —
i
paragraph 1(a) to (e);
ii
paragraph 2;
iii
paragraph 3; and
iv
the definitions of “kitchen”, “special installation” and “special location” in paragraph 4; and
b
after paragraph 3 insert —
3A
Installation of thermal insulation to suspended timber floors where the work —
a
consists of the installation of such insulation only; and
b
the work is not carried out in order to comply with any requirements of these Regulations.
.
PART 2 The Building (Local Authority Charges) Regulations 2010
Amendment of the Building (Local Authority Charges) Regulations 2010
33
After the definition of “chargeable function” in regulation 2 of the Building (Local Authority Charges) Regulations 2010 , insert —
“officer” includes a person contracted by the local authority or a person employed by such a contractor, to perform a chargeable function or provide chargeable advice but does not include a consultant of the kind referred to in regulation 7(3);
.
PART 3 The Building (Approved Inspectors etc. ) Regulations 2010
Amendment of the Building (Approved Inspectors etc.) Regulations 2010
34
The Building (Approved Inspectors etc.) Regulations 2010 (“the Approved Inspectors Regulations 2010”) are amended as set out in regulations 35 to 44.
Approved inspector’s insurance (new regulation 5A)
35
After the end of regulation 5, insert —
Approved inspector’s insurance
5A
1
Subject to paragraph (2), an approved inspector who gives a notice or certificate specified in paragraph (2) to a local authority must ensure that, before or on the date of the notice or certificate, the person who approved that inspector (the Secretary of State or a body designated under regulation 3 as the case may be) is in possession of a declaration of insurance in respect of the work to which the notice or certificate relates.
2
Paragraph (1) applies to a notice or certificate given on or after 6th April 2013 which is —
a
an initial notice;
b
an amendment notice;
c
a plans certificate;
d
a combined initial notice and plans certificate; or
e
a final certificate.
3
In this regulation a “declaration of insurance” means a declaration of insurance signed by the insurer that a named scheme of insurance approved by the Secretary of State applies to the approved inspector in relation to the building work to which the notice or certificate relates.
Lists of approvals and designations
36
Regulation 7 is amended as follows —
a
in paragraph (1) —
i
omit “maintain”;
ii
at the beginning of sub-paragraph (a) insert “maintain”;
iii
at the end of sub-paragraph (a) omit “and”;
iv
at the beginning of sub-paragraph (b) insert “maintain”;
v
after “Secretary of State” in sub-paragraph (b), insert —
, and
c
in respect of each approved inspector listed, keep a copy of —
i
the approval certificate, and
ii
the declaration of insurance referred to in regulation 5A;
; and
b
in paragraph (3), at the end of sub-paragraph (a) —
i
omit “and”; and
ii
insert —
aa
in respect of each approved inspector listed, keep a copy of —
i
the approval certificate, and
ii
the declaration of insurance referred to in regulation 5A; and
.
Functions of approved inspectors
37
In regulation 8(1) —
a
in sub-paragraph (a), after “23 (requirements relating to thermal elements),” insert “25A (consideration of high-efficiency alternative systems for new buildings),”; and
b
in sub-paragraph (b), after “regulations 20,” insert “25A,”.
Form, grounds and period for rejecting final certificate
38
In regulation 16, after the end of paragraph (2) insert —
3
A final certificate given by an approved inspector to a local authority in accordance with these Regulations shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
.
Application of regulations 20, 27, 29, 37, 41, 42, 43 and 44 of the 2010 Regulations
39
For regulation 20(1) and the preceding heading, substitute —
Application of regulations, 20, 25A, 27, 29, 37, 41, 42, 43 and 44 of the Principal Regulations
20
1
Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO² emission rate calculations), 29 (energy performance certificates), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing) and 44 (commissioning) of the Principal Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approved inspector.
.
Register of notices and certificates
40
In regulation 30, omit paragraph (2)(c).
Schedule 1 to the Approved Inspectors Regulations 2010
41
1
The numbered forms specified in Schedule 1 are amended as specified in paragraphs 2 to 7.
2
In Form 1 (initial notice) —
a
omit sub-paragraphs (a) and (b) of paragraph 4;
b
after the end of paragraph 11 insert —
12
I (7) am an approved inspector for the purposes of Part 2 of the Act and the above work is [the whole]/[part] of the work described in this initial notice given by me and dated: (12)
13
Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.
; and
c
after Note (11) insert —
12
Insert date.
.
3
In Form 2 (amendment notice) —
a
omit sub-paragraphs (b) and (d) of paragraph 3;
b
after the end of paragraph 11 insert —
12
I (6) am an approved inspector for the purposes of Part 2 of the Act and the above work is [the whole]/[part] of the work described in an initial notice given by me and dated: (11)
13
Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.
; and
c
after Note (10) insert —
11
Insert date.
.
4
In Form 3 (plans certificate), omit paragraph 3 and in its place insert —
3
Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.
.
5
In Form 4 (combined initial notice and plans certificate) —
a
omit sub-paragraphs (a) and (b) of paragraph 4;
b
after the end of paragraph 15 insert —
16
I (7) am an approved inspector for the purposes of Part 2 of the Act and the above work is [the whole]/[part] of the work described in an initial notice given by me and dated: (13)
17
Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.
; and
c
after Note (12) insert —
13
Insert date.
.
6
In Form 5 (final certificate) —
a
omit paragraph (6) and in its place insert —
6
Copies of the notice of approval and of a declaration of insurance relevant to the work described in this notice are on the register kept by the body designated under regulation 3 of the 2010 Regulations.
; and
b
after paragraph 8 insert —
9
This certificate is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
.
7
In Form 12 (public body’s final certificate), after paragraph 6 insert —
7
This certificate is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
.
Schedule 2 to the Approved Inspectors Regulations 2010
42
In Schedule 2 —
a
omit paragraph 5; and
b
for paragraph 6 substitute —
6
In the case of a notice dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work described in the notice, the local authority believe that this is not the case.
.
Schedule 3 to the Approved Inspectors Regulations 2010
43
In Schedule 3, for paragraph 6 substitute —
6
In the case of a certificate dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work described in the notice, the local authority believe that this is not the case.
.
Schedule 4 to the Approved Inspectors Regulations 2010
44
In Schedule 4, for paragraph 5 substitute —
5
In the case of a certificate dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work to which the certificate relates, the local authority believe that this is not the case.
.
PART 4 Transitional Provisions
Transitional provisions: interpretation
45
In regulations 46 and 47 —
“relevant notification provision” means regulation 12(2) of the Building Regulations 2010 and sections 47(1), 50, 51A(2) and 54 of the Building Act 1984; and
“relevant regulations” means regulations 9, 15 or 17 of these Regulations.
Work already started before certain regulations take effect
46
An amendment made by a relevant regulation does not apply in any case where at the time the amendment takes effect, building work has been started in accordance with any relevant notification provision applicable in relation to the work.
Notice given or plans deposited before those regulations take effect
47
An amendment made by a relevant regulation does not apply in any case where —
a
at the time the amendment takes effect a relevant notification provision has been complied with in relation to proposed building work; and
b
the building work is started within the period of twelve months beginning on the day the relevant regulation takes effect.
Signed by the authority of the Secretary of State for Communities and Local Government
Don Foster
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th December 2012
SCHEDULE 1
Regulation 1
Coming into force date Provision Purpose for which the provision comes into force
9th January 2013 Regulations 1, 2, 3, 7, 8, 10, 11, 12, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29(1), 29(2)(b)-(m), 30, 31, 32(b), 33, 34, 38, 39, 45 to 47 and Schedule 1 All purposes 9th January 2013 Regulation 15 In respect of buildings occupied by public authorities 9th January 2013 Regulation 17 (for the purpose of new regulation 25A) In respect of new buildings occupied by public authorities 28th January 2013 Regulation 13(a) (in so far as it inserts paragraphs (3B), (3C) and (3D) into regulation 20) and (b) All purposes 6th April 2013 Regulation 4, 5, 6, 9, 27, 28, 29(2)(a), 32(a), 35, 36, 38, 40 to 44 and Schedule 2 All purposes 9th July 2013 Regulation 15 In respect of all buildings 9th July 2013 Regulation 17 (for the purpose of new regulation 25A) In respect of all new buildings 1st October 2013 Regulation 13(a) (so far as not otherwise commenced) All purposes 1st January 2019 Regulation 17 (for the purpose of new regulation 25B) In respect of new buildings occupied by public authorities 31 st December 2020 Regulation 17 (for the purpose of new regulation 25B) In respect of all new buildings
SCHEDULE 2
Regulation 27
PART K PROTECTION FROM FALLING, COLLISION AND IMPACT
Stairs, ladders and ramps
K1
Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.
Requirement K1 applies only to stairs, ladders and ramps which form part of the building. Protection from falling
K2
The following shall be provided with barriers where it is necessary to protect people in or about the building from falling —
a
any stairs, ramps, floors and balconies and any roof to which people have access, and
b
any light well, basement area or similar sunken area connected to a building.
Requirement K2(a) applies only to stairs and ramps which form part of the building. Vehicle barriers and loading bays
K3
1
Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building.
2
Vehicle loading bays shall be constructed in such a way, or to be provided with such features, as may be necessary to protect people in them from collision with vehicles.
Protection against impact with glazing
K4
Glazing, with which people are likely to come into contact while moving in or about the building, shall —
a
if broken on impact, break in a way which is unlikely to cause injury; or
b
resist impact without breaking; or
c
be shielded or protected from impact.
Protection from collision with open windows etc.
K5.1
Provision shall be made to prevent people from moving in or about the building from colliding with open windows, skylights or ventilators.
Requirement K5.1 does not apply to dwellings. Manifestation of glazing
K5.2
Transparent glazing with which people are likely to come into contact while moving in and about the building, shall incorporate features which make it apparent.
Requirement K5.2 does not apply to dwellings. Safe opening and closing of windows etc.
K5.3
Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.
Requirement K5.3 does not apply to dwellings. Safe access for cleaning windows etc.
K5.4
Provision shall be made for any windows, skylights or translucent walls, ceilings or roofs to be safely accessible for cleaning.
Requirement K5(4) does not apply to —
dwellings, or
any door or gate which is part of a lift.
Protection against impact from trapping by doors
K6
1
Provision shall be made to prevent any door or gate —
a
which slides or opens upwards, from falling onto any person; and
b
which is powered, from trapping any person.
2
Provision shall be made for powered doors and gates to be opened in the event of a power failure.
3
Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.
Requirement K5(4) does not apply to —
dwellings, or
any door or gate which is part of a lift. |
The School Information (England) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 537 and 569(4) of the Education Act 1996 , and section 92 of the School Standards and Framework Act 1998 :
Citation and commencement
1
These Regulations may be cited as The School Information (England) (Amendment) Regulations 2012 and come into force on the 1st September 2012.
Amendment of the School Information (England) Regulations 2008
2
1
The School Information (England) Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation) —
a
insert the following where they fall alphabetically —
“key stage 1”, “key stage 2” and “key stage 4” are the first, second and fourth key stages of the National Curriculum as set out in section 82(1) of the Education Act 2002;
“phonics schemes” are schemes for understanding the correspondence between graphemes and phonemes;
; and
b
in regulation 2, omit the definition of school prospectus.
3
For regulation 10, substitute —
Information to be published on a website by the governing body
10
1
Subject to paragraph (5), where a website is maintained for a school by or on behalf of the governing body of a maintained school, the governing body must arrange for the information specified in Schedule 4 to be published on that website.
2
Subject to paragraph (5), where there is no website maintained for the school, the governing body must arrange for the information specified in Schedule 4 to be published on a website, the address and details of which are made known to parents.
3
The governing body must provide a paper copy of the information published on the website without charge to parents on request.
4
Subject to paragraph (6), the governing body must arrange for the information published on the website to be updated as soon as is reasonably practicable following a change to that information and, in any event, at least annually.
5
In respect of the information specified in paragraph 2 of Schedule 4, the requirements in paragraphs (1) and (2) to publish this information apply to the governing body of a community and voluntary controlled school, but not to the governing bodies of other maintained schools.
6
In respect of the information specified in paragraph 2 of Schedule 4, the governing body of a community and voluntary controlled school must arrange for this information to be updated not later than six weeks before the date up to which parents may express a preference for the school in respect of the admission year.
4
In regulation 11 (supplementary provisions relating to published documents) —
a
in paragraph (1) after “document” insert “or website”;
b
in paragraph (2) —
i
after “document”, the first time it appears, insert “or website”, and
ii
after “document”, the second time it appears, insert “or on the website”;
c
in paragraph (3) —
i
after “document”, save for the last time it appears, insert “or information on a website”, and
ii
after “document”, the last time it appears, insert “or information”; and
d
for paragraph (4) substitute —
4
Parents must not be charged for a copy of such a translation or Braille or audio tape version if they are entitled without charge to a paper copy of the original document or information published on the website.
.
5
After Schedule 3 insert —
Schedule 4
Specified information to be published on a school’s website
Regulation 10
1
The name, postal address and telephone number of the school, and the name of a person to whom enquiries should be addressed.
2
Either —
a
the determined admission arrangements for the school in relation to each relevant age group at the school, including any arrangements for selection, any oversubscription criteria and an explanation of the process of applying for a school place; or
b
information as to where and by what means parents may access that information in the local authority’s composite prospectus published on their website.
3
Information as to where and by what means parents may access the most recent report about the school published by her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
4
The school’s most recent key stage 2 results as published by the Secretary of State under the following column headings in the School Performance Tables published on the Department for Education’s website:
a
“% achieving Level 4 or above in English and Maths”;
b
“% making expected progress”;
c
in relation to English, “% achieving Level 5 or above”; and
d
in relation to Maths, “% achieving Level 5 or above”.
5
The school’s most recent key stage 4 results as published by the Secretary of State under the following column headings in the School Performance Tables published on the Department for Education’s website:
a
“% achieving 5 + A* - C GCSEs (or equivalent) including English and Maths GCSEs”;
b
“% achieving the English Baccalaureate”; and
c
“% of pupils making expected progress”.
6
Information as to where and by what means parents may access the School Performance Tables published by the Secretary of State on the Department for Education’s website.
7
The following information about the school curriculum —
a
in relation to each academic year, the content of the curriculum followed by the school for each subject and details as to how additional information relating to the curriculum may be obtained;
b
in relation to key stage 1, the names of any phonics or reading schemes in operation; and
c
in relation to key stage 4 —
i
a list of the courses provided which lead to a GCSE qualification,
ii
a list of other courses offered at key stage 4 and the qualifications that may be acquired.
8
The measures determined by the head teacher under section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy) .
9
The amount of the school’s allocation from the Pupil Premium grant in respect of the current academic year; details of how it is intended that the allocation will be spent; details of how the previous academic year’s allocation was spent, and the effect of this expenditure on the educational attainment of those pupils at the school in respect of whom grant funding was allocated.
10
The report prepared by the school under section 317(5)(a) of EA 1996 (duties of governing bodies in relation to special educational needs ).
11
The school’s charging and remissions policy determined by them under section 457 of EA 1996 .
12
A statement of the school’s ethos and values.
Nick Gibb
Minister of State
Department for Education
19th April 2012 |
The Assets of Community Value (England) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 87(5), 88(3), 89(4), 89(5), 91(2)(d), 92(5), 95(5)(e) and (j), 95(6), 99(1) and 101(1) of the Localism Act 2011, makes the following Regulations:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Assets of Community Value (England) Regulations 2012 and shall come into force on the day after they are made.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Localism Act 2011;
“compensation review” means a review requested in accordance with regulation 16;
“the list”, in relation to a local authority, means the list maintained by the authority of land in that authority’s area that is land of community value, and “listed” and “listing” are to be interpreted accordingly;
“listing review” means a review under section 92(2) of the Act (review of local authority’s decision to include land in its list);
“neighbouring authority”: a local authority in England is a neighbouring authority in relation to any land if any part of the boundary of that authority’s area is also part of the boundary of the area of the responsible authority;
“registrar”, “register” (other than in regulation 4(3)) and “registered estate” have the meaning given in section 132(1) of the Land Registration Act 2002 ;
“responsible authority” in relation to any land means the local authority in whose area the land is situated;
“a statutory compulsory purchase” in relation to any land, means a a purchase of the land by a purchaser authorised by or under an Act to acquire the land compulsorily (whether or not a purchase pursuant to the authorisation).
4
For the purposes of these Regulations, land is owned by a single owner if —
a
the land is owned by the same person; or
b
in a case not within sub-paragraph (a), the land is held on trusts and was settled on those trusts by the same settlor.
List of assets of community value
2
A local authority must as soon as practicable after receiving information that enables it to do so make the following amendments to an entry on the list —
a
add to the entry —
i
the information that, during the six weeks beginning with the date of receipt of a notice under section 95(2) of the Act in respect of any of the land to which the entry applies, it has received a request from a community interest group with a local connection to be treated as a potential bidder in relation to land to which the notice relates;
ii
the name of that community interest group; and
iii
that restrictions on entering into a relevant disposal of the land to which the notice relates continue to apply during the six months beginning with the date the notice was received, but at the end of that six months will then not apply for a further twelve months;
b
amend or, as the case may be, remove the entry so as to exclude any of the land that has since it was included in the list been the subject of a relevant disposal other than one referred to in section 95(5) of the Act; and
c
remove the entry if —
i
an appeal against listing is successful, or
ii
the authority for any reason no longer considers the land to be land of community value.
Land which may not be listed
3
A building or other land within a description specified in Schedule 1 is not land of community value (and therefore may not be listed).
Definition of local connection
4
1
For the purposes of these regulations and section 89(2)(b)(iii) of the Act, a body other than a parish council has a local connection with land in a local authority’s area if —
a
the body’s activities are wholly or partly concerned —
i
with the local authority’s area, or
ii
with a neighbouring authority’s area;
b
in the case of a body within regulation 5(1)(c), (e) or (f), any surplus it makes is wholly or partly applied —
i
for the benefit of the local authority’s area, or
ii
for the benefit of a neighbouring authority’s area; and
c
in the case of a body within regulation 5(1)(c) it has at least 21 local members.
2
For the purposes of these regulations and section 89(2)(b)(iii) of the Act —
a
a parish council has a local connection with land in another parish council’s area if any part of the boundary of the first council’s area is also part of the boundary of the other council’s area; and
b
a parish council has a local connection with land that is in a local authority’s area but is not in any parish council’s area if —
i
the council’s area is within the local authority’s area, or
ii
any part of the boundary of the council’s area is also part of the boundary of the local authority’s area.
3
In paragraph (1)(c), “local member” means a member who is registered, at an address in the local authority’s area or in a neighbouring authority’s area, as a local government elector in the register of local government electors kept in accordance with the provisions of the Representation of the People Acts .
Voluntary or community bodies
5
1
For the purposes of section 89(2)(b)(iii) of the Act, but subject to paragraph (2), “a voluntary or community body” means —
a
a body designated as a neighbourhood forum pursuant to section 61F of the Town and Country Planning Act 1990 ;
b
a parish council;
c
an unincorporated body —
i
whose members include at least 21 individuals, and
ii
which does not distribute any surplus it makes to its members;
d
a charity;
e
a company limited by guarantee which does not distribute any surplus it makes to its members;
f
an industrial and provident society which does not distribute any surplus it makes to its members; or
g
a community interest company .
2
A public or local authority may not be a voluntary or community body, but this does not apply to a parish council.
3
In this regulation “industrial and provident society” means a body registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets one of the conditions in section 1 of that Act
Contents of community nominations
6
A community nomination must include the following matters —
a
a description of the nominated land including its proposed boundaries;
b
a statement of all the information which the nominator has with regard to —
i
the names of current occupants of the land, and
ii
the names and current or last-known addresses of all those holding a freehold or leasehold estate in the land;
c
the nominator’s reasons for thinking that the responsible authority should conclude that the land is of community value; and
d
evidence that the nominator is eligible to make a community nomination.
Procedure when considering whether to list land
7
The responsible authority must decide whether land nominated by a community nomination should be included in the list within eight weeks of receiving the nomination.
8
A local authority which is considering whether land nominated by a community nomination should be included in the list must take all practicable steps to give the information that it is considering listing the land to —
a
a parish council if any of the land is in the council’s area;
b
the owner of the land;
c
where the owner is not the freeholder —
i
the holder of the freehold estate in the land; and
ii
the holder of any leasehold estate in the land other than the owner; and
d
any lawful occupant of the land.
Notice of inclusion or removal
9
A local authority which gives notice under section 91 of the Act must, in addition to the persons specified in that section, give it to —
a
where they are not the owner, the holder of the freehold estate in the land and the holder of any leasehold estate in the land, and
b
a parish council if any of the land is in the council’s area.
Procedure to be followed for listing review
10
Where an owner of listed land asks the responsible authority to carry out a listing review, the review is to be carried out in accordance with the procedure set out in Schedule 2.
Appeal against listing review decision
11
1
An owner of listed land may appeal to the First-Tier Tribunal against the local authority’s decision on a listing review in respect of the land.
2
The owner referred to in paragraph (1) may be either the owner who requested the review, or a subsequent owner of part or the whole of the land.
Community interest groups
12
For the purposes of these regulations and section 95(3)(a) of the Act —
a
a parish council is a community interest group in relation to land to which a notice under section 95(2) of the Act relates if any of the land is in the council’s area; and
b
a body is a community interest group in relation to any land if the body —
i
is within one or more of sub-paragraphs (d) to (g) of regulation 5(1); and
ii
has a local connection with the land.
Moratorium
13
1
Where the responsible authority receives notice under section 95(2) of the Act in relation to any listed land, an owner of the land may enter into a relevant disposal of any of that land to a community interest group at any time in the eighteen months beginning with the date of receipt of the notice.
2
Section 95(1) of the Act does not apply to a relevant disposal of listed land in the cases set out in Schedule 3.
Compensation
14
1
An owner or former owner of listed land or of previously listed land, other than an owner or former owner specified in regulation 15, is entitled to compensation from the responsible authority of such amount as the authority may determine where the circumstances in paragraph (2) apply.
2
The circumstances mentioned in paragraph (1) are that the person making the claim has, at a time when the person was the owner of the land and the land was listed, incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed.
3
For the avoidance of doubt, and without prejudice to other types of claim which may be made, the following types of claim may be made —
a
a claim arising from any period of delay in entering into a binding agreement to sell the land which is wholly caused —
i
by relevant disposals of the land being prohibited by section 95(1) of the Act during any part of the relevant six weeks that is on or after the date on which the responsible authority receives notification under section 95(2) of the Act in relation to the land, or
ii
in a case where the prohibition continues during the six months beginning with that date, by relevant disposals of the land being prohibited during any part of the relevant six months that is on or after that date; and
b
a claim for reasonable legal expenses incurred in a successful appeal to the First-Tier Tribunal against the responsible authority’s decision —
i
to list the land,
ii
to refuse to pay compensation, or
iii
with regard to the amount of compensation offered or paid.
4
In paragraph (3)(a) “the relevant six weeks” means the six weeks, and “the relevant six months” means the six months, beginning with —
a
the date on which the responsible authority receives notification under section 95(2) of the Act in relation to the land, or
b
if earlier, the earliest date on which it would have been reasonable for that notification to have been given by the owner who gave it.
5
A claim for compensation must —
a
be made in writing to the responsible authority;
b
be made before the end of thirteen weeks after the loss or expense was incurred or (as the case may be) finished being incurred;
c
state the amount of compensation sought for each part of the claim; and
d
be accompanied by supporting evidence for each part of the claim.
6
The responsible authority must give the claimant written reasons for its decisions with respect to a request for compensation.
15
The following are not entitled to compensation under regulation 14 —
a
an authority or other body in respect of loss or expense incurred at a time when it has accounts which are required by section 2 of the Audit Commission Act 1998 to be audited in accordance with that Act;
b
a department, authority or other body in respect of loss or expense incurred at a time when section 6 of the National Audit Act 1983 (“the 1983 Act ”) applies to it; and
c
an authority or body in respect of loss or expense incurred in any of its financial years if its use of resources in that year is examinable under section 7 of the 1983 Act.
Review by local authority of compensation decision
16
1
A person who has under regulation 14 made a claim for compensation may ask the responsible authority concerned to review either or both of its decisions, made in response to that claim, as to —
a
whether compensation should be paid to that person, and
b
if compensation is to be paid, the amount of that compensation.
2
If a request for a compensation review is made in accordance with the provisions of paragraph 2 of Schedule 2, the authority must in accordance with the procedure in Schedule 2 review the decision or decisions of which review is requested.
3
Where an authority carries out a compensation review, the authority must give written notification to the person who asked for the review of —
a
the decision on the review, and
b
the reasons for the decision.
Appeal against compensation review decision
17
Where a local authority has carried out a compensation review, the person who requested the review may appeal to the First-Tier Tribunal against any decision of the authority on the review.
Duty of local authority regarding restriction entered in the register in respect of listed land
18
Where a local authority which has caused a restriction in Form QQ to be entered in respect of a registered estate subsequently removes the land to which the registered estate relates from the list, the authority must as soon after doing so as is practicable apply to the registrar for cancellation of the restriction.
Duties of owners and mortgagees in respect of listed land
19
1
Where listed land is entered in the register on an application for first registration of the land made to the registrar —
a
by an owner of the land, or
b
under rule 21 of the Land Registration Rules 2003 , by a mortgagee in the name of the owner,
the applicant must, as soon as is practicable after the land is entered in the register, inform the responsible authority of that.
2
A person who as a result of a disposal has become the owner of listed land must as soon as practicable after becoming the owner give the responsible authority —
a
information that the disposal has taken place; and
b
full details of —
i
the name of the person who has become the owner including, where that person is a body corporate subject to registration, its place of registration and registered number; and
ii
the address of that person.
3
In this regulation —
a
“owner” includes a person who would be an owner as defined in section 107 of the Act —
i
but for the effect of section 7(1) and (2) of the Land Registration Act 2002 ; or
ii
if the disposition to that person had been completed by registration in accordance with section 27(1) of that Act; and
b
“disposal” means a transfer of a freehold estate or a grant or assignment of a leasehold estate in land, including —
i
a relevant disposal, and
ii
a binding agreement to make a disposal.
Amendments to Land Registration Rules
20
The Land Registration Rules 2003 are amended as set out in Schedule 4.
Consequences of non-compliant disposal
21
1
Subject to paragraph (2), a disposal of listed land is ineffective if it is a disposal that contravenes section 95(1) of the Act.
2
Paragraph (1) does not apply if the person making the disposal, having made all reasonable efforts to find out if the land to be disposed of is listed, does not know that it is listed at the time the disposal is entered into.
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
20th September 2012
SCHEDULE 1
Land which is not of community value (and therefore may not be listed)
Regulation 3
1
1
Subject to sub-paragraph (5) and paragraph 2, a residence together with land connected with that residence.
2
In this paragraph, subject to sub-paragraphs (3) and (4), land is connected with a residence if —
a
the land, and the residence, are owned by a single owner; and
b
every part of the land can be reached from the residence without having to cross land which is not owned by that single owner.
3
Sub-paragraph (2)(b) is satisfied where a part of the land cannot be reached from the residence by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (4) is met.
4
The additional requirement referred to in sub-paragraph (3) is that it is reasonable to think that sub-paragraph (2)(b) would be satisfied if the intervening land were to be removed leaving no gap.
5
Land which falls within sub-paragraph (1) may be listed if —
a
the residence is a building that is only partly used as a residence; and
b
but for that residential use of the building, the land would be eligible for listing.
2
For the purposes of paragraph 1 and this paragraph —
a
“residence” means a building used or partly used as a residence;
b
a building is a residence if —
i
it is normally used or partly used as a residence, but for any reason so much of it as is normally used as a residence is temporarily unoccupied;
ii
it is let or partly let for use as a holiday dwelling;
iii
it, or part of it, is a hotel or is otherwise principally used for letting or licensing accommodation to paying occupants; or
iv
it is a house in multiple occupation as defined in section 77 of the Housing Act 2004 ; and
c
a building or other land is not a residence if —
i
it is land on which currently there are no residences but for which planning permission or development consent has been granted for the construction of residences;
ii
it is a building undergoing construction where there is planning permission or development consent for the completed building to be used as a residence, but construction is not yet complete; or
iii
it was previously used as a residence but is in future to be used for a different purpose and planning permission or development consent for a change of use to that purpose has been granted.
3
Land in respect of which a site licence is required under Part 1 of the Caravan Sites and Control of Development Act 1960 , or would be so required if paragraphs 1, 4, 5 and 10 to 11A of Schedule 1 to that Act were omitted.
4
Operational land as defined in section 263 of the Town and Country Planning Act 1990 .
SCHEDULE 2
Procedure for listing review and compensation review
Regulation 10 and regulation 16
Time for requesting a listing review
1
1
Except as specified in sub-paragraph (2), a request for a listing review must be made in writing before the end of a period of eight weeks beginning with the day on which written notice of inclusion of the land in the list was given by the responsible authority under section 91(2) of the Act, or such longer period as the authority may in writing allow.
2
Where the authority takes reasonable alternative steps to bring the notice to the attention of the owner in accordance with section 91(2), a request for a listing review must be made before the end of a period of eight weeks beginning with the day on which the authority completes the taking of those steps.
Time for requesting a compensation review
2
A request for a compensation review must be made in writing before the end of a period of eight weeks beginning with the date on which the responsible authority provides the owner with written notification of its reasons in accordance with regulation 14(6), or such longer period as the authority may in writing allow.
Procedure for reviews
3
In the following provisions of this Schedule, “the review” means a listing review or a compensation review.
4
An officer of the authority of appropriate seniority who did not take any part in making the decision to be reviewed (“the reviewer”) shall carry out the review and make the review decision.
5
1
The owner may appoint any representative (whether legally qualified or not) to act on his or her behalf in connection with the review.
2
The local authority must provide to the representative any document which is required to be sent to the owner, and need not provide that document separately to the owner.
6
As soon as is practicable following the written request for the review, the authority shall notify the owner of the procedure to be followed in connection with the review.
7
1
An oral hearing must be held at the owner’s written request.
2
Where no written request for an oral hearing is made by the owner, the authority may decide whether or not to include an oral hearing in the review process.
8
Both the owner and the owner’s representative may make representations to the reviewer orally or in writing or both orally and in writing.
9
The authority must complete the review by the end of the period of eight weeks beginning with the date the authority receives the written request for the review, or such longer period as is agreed with the owner in writing.
SCHEDULE 3
Relevant disposals to which section 95(1) of the Act does not apply
Regulation 13
1
A disposal pursuant to an order made by a court or by a tribunal established by or under an Act.
2
1
A disposal made pursuant to a separation agreement made between spouses or civil partners.
2
A disposal made pursuant to an agreement —
a
made between spouses or civil partners in connection with their separation, or between former spouses or former civil partners, and
b
relating to the care of a child dependent on a party to the agreement.
3
1
Any disposal made under, or for the purposes of, any statutory provision relating to incapacity.
2
In this paragraph —
a
“incapacity” includes any of the following (whether temporary or permanent) —
i
physical impairment,
ii
mental impairment, and
iii
lack of, or impairment to, capacity to deal with financial and property matters; and
b
“statutory provision” means any provision contained in an Act or in an instrument made under an Act.
4
1
Subject to sub-paragraph (2), a disposal —
a
to a particular person in pursuance of a requirement that it should be made to that person under a planning obligation entered into in accordance with section 106 of the Town and Country Planning Act 1990; or
b
made in pursuance of the exercise of a legally enforceable —
i
option to buy,
ii
nomination right,
iii
right of pre-emption, or
iv
right of first refusal.
2
A disposal is not within sub-paragraph (1)(a) if it is of land that was listed when the obligation was entered into; and a disposal is not within sub-paragraph (1)(b) if it is of land that was listed when the option or right was granted.
5
1
A disposal by a transferor, “T”, to a former owner, where both the conditions in paragraph (2) are satisfied.
2
The conditions referred to in paragraph (1) are that —
a
the land was acquired by T or by a predecessor in title of T by a purchase that was a statutory compulsory purchase (“the original purchase”); and
b
T has made a first offer of the land to the former owner, in accordance with an obligation to offer back the land to the former owner before disposing of the land on the open market.
3
In this paragraph —
a
“former owner” means —
i
the person, “P”, from whom the land was acquired under the original purchase; or
ii
a successor to P; and
b
“successor” means the person on whom the land, had it not been acquired by T or a predecessor of T, would clearly have devolved under P’s will or intestacy, and includes a person who has succeeded, otherwise than by purchase, to adjoining land from which the land was severed by the original purchase.
6
1
Disposal in exercise of a power of sale of the land by a person who has that power by way of security for a debt.
2
The reference in sub-paragraph (1) to a power of sale includes in particular a power implied by virtue of section 101(1)(i) of the Law of Property Act 1925 .
7
A disposal pursuant to insolvency proceedings as defined by Rule 13.7 of the Insolvency Rules 1986 .
8
A disposal of land to a person whose acquisition of the land is a statutory compulsory purchase.
9
A grant of a tenancy of the land pursuant to the provisions of Part 4 of the Agricultural Holdings Act 1986 .
10
1
A disposal by one body corporate to another, where the second one is a group undertaking in relation to the first.
2
In this paragraph, “group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006 .
11
1
A part-listed disposal as specified in section 95(5)(e) of the Act where, subject to sub-paragraphs (2) and (3), the following conditions are satisfied with regard to the land which is being disposed of —
a
the land is owned by a single owner; and
b
every part of the land can be reached from every other part without having to cross land which is not owned by that single owner.
2
Sub-paragraph (1)(b) is satisfied where a part of the land cannot be reached from every other part of the land by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (3) is met.
3
The additional requirement referred to in sub-paragraph (2) is that it would be reasonable to think that sub-paragraph (1)(b) would be satisfied if the intervening land were to be removed leaving no gap.
12
A disposal of a church, together with any land annexed or belonging to it, pursuant to a scheme under Part 6 of the Mission and Pastoral Measure 2011 .
13
1
A disposal by any person for the purpose of enabling health service provision to continue to be provided on the land.
2
In this paragraph, “health service provision” means services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 .
14
1
A disposal of land to be held for the purposes of —
a
subject to sub-paragraph (2), a school as defined in section 4 of the Education Act 1996 ;
b
a 16 to 19 Academy ; or
c
an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992 .
2
For the purposes of sub-paragraph (1)(a), “school” does not include an independent school other than one in respect of which Academy arrangements have been entered into by the Secretary of State under section 1 of the Academies Act 2010.
3
For the purposes of sub-paragraph (2), “independent school” has the meaning given in section 463 of the Education Act 1996.
15
A disposal which is subject to a statutory requirement regarding the making of the disposal, where that requirement could not be observed if the requirements of section 95(1) of the Act were complied with.
SCHEDULE 4
Amendments to Land Registration Rules
Regulation 20
1
The Land Registration Rules 2003 are amended as follows.
2
After rule 27, insert —
First registration – where land is or was listed as land of community value
27A
1
An owner of listed land who applies for first registration of that land, or where rule 21 applies a mortgagee who makes such an application in the name of the owner, must at the same time apply for entry of a restriction in Form QQ in respect of that land.
2
Where a person applies for first registration of land and any of the deeds and documents accompanying the application (in accordance with rule 24(1)(c)) includes a conveyance or lease to the applicant or to a predecessor in title made at any time when the land was listed land, the applicant must in respect of each such conveyance or lease provide a certificate by a conveyancer that the conveyance or lease did not contravene section 95(1) of the Localism Act 2011.
3
In this rule —
a
“listed land” means land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and
b
“owner” has the same meaning as in section 107 of the Localism Act 2011, except that it includes a person who would be such an owner but for the effect of section 7(1) and (2) of the Act.
.
3
In rule 93 —
a
in paragraph (w), omit the final “and”, and
b
after paragraph (x) add —
y
a local authority where it has entered land, the title to which is registered, in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, and is applying for a restriction in form QQ to be entered in the register for that land, and
z
a mortgagee under a mortgage falling within section 4(1)(g) of the Act who makes an application for first registration under rule 21, where the estate charged relates to land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and is applying for a restriction in Form QQ to be entered in the register of that estate.
.
4
In rule 94 , after the end of paragraph (10) add —
11
Where a local authority has entered land in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, an application for a restriction in Form QQ must be made —
a
if that land includes a registered estate the proprietor of which is an owner as defined in section 107 of that Act, as soon as practicable by the local authority in respect of that registered estate unless there is an existing restriction in Form QQ in respect of that estate, or
b
if the title to the land is unregistered, where required by rule 27A(1).
.
5
In rule 217(3) , for “ PP ” substitute “QQ”.
6
In Schedule 4 , at the end (after the end of the provision regarding Form PP) add —
Form QQ (Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011)
No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011. |
The M25 Motorway (Junctions 7 to 16) (Variable Speed Limits) Regulations 2012
Representative organisations have been consulted in accordance with section 134(2) of that Act.
Citation and commencement
1
These Regulations may be cited as the M25 Motorway (Junctions 7 to 16) (Variable Speed Limits) Regulations 2012 and they come into force on 17th September 2012.
Interpretation
2
1
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ; and
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meanings as in the 1982 Regulations.
Variable speed limits
3
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if —
a
the road is specified in the Schedule;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not subsequently passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation, a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
a
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;
“road” includes the adjacent hard shoulder and verge; and
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
situated on or near any part of a road specified in the Schedule; and
directed at traffic on the carriageway on which the vehicle is being driven.
Revocation
4
The M25 Motorway (Junctions 10 to 16) (Variable Speed Limits) Regulations 2001 are revoked.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
15th August 2012
SCHEDULE
SPECIFIED ROADS
Regulation 3(2)(a)
1
The specified roads are —
a
the clockwise carriageway of the M25 from marker post 45/7 to marker post 102/8;
b
the carriageways of the clockwise slip roads;
c
the anti-clockwise carriageway of the M25 from marker post 102/8 to marker post 45/7; and
d
the carriageways of the anti-clockwise slip roads.
2
Any reference in this Schedule to —
a
the letter “M” followed by a number is a reference to the motorway known by that name;
b
the letter “A” followed by a number is a reference to the road known by that name; and
c
a junction followed by a number is a reference to the junction of the M25 of that number.
3
In this Schedule —
“on-slip road” means a slip road intended for the use of traffic entering the M25.
4
1
The clockwise slip roads referred to in paragraph 1 of this Schedule are the on-slip roads which connect the clockwise carriageway of the M25 with–
i
the M23 at junction 7;
ii
the A217 at junction 8;
iii
the A243 and the A245 at junction 9;
iv
the motorway service area between junction 9 and junction 10;
v
the A3 at junction 10;
vi
the A317 and the A320 at junction 11;
vii
the M3 at junction 12;
viii
the A30 at junction 13;
ix
the A3113 at junction 14; and
x
the M4 at junction 15.
5
1
The anti-clockwise slip roads referred to in paragraph 1 of this Schedule are the on-slip roads which connect the anti-clockwise carriageway of the M25 with–
i
the A217 at junction 8;
ii
the A243 and the A244 at junction 9;
iii
the motorway service area between junction 9 and junction 10;
iv
the A3 at junction 10;
v
the A317 and the A320 at junction 11;
vi
the M3 at junction 12;
vii
the A30 at junction 13;
viii
the A3113 at junction 14;
ix
the M4 at junction 15; and
x
the M40 at junction 16. |
The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 194(1) and 236(1) of the Localism Act 2011 , makes the following Order:
Citation and commencement
1
1
This Order may be cited as the Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012.
2
This Order comes into force on 31st March 2012, with the exception of article 8(1) so far as it relates to paragraph 2 of Schedule 1, which comes into force on 1st April 2012.
Interpretation
2
In this Order —
“ the Agency ” means the London Development Agency;
“the Authority” means the Greater London Authority;
“the commencement date” means 31st March 2012.
General saving provision
3
The abolition of the Agency does not affect the validity of anything done by, on behalf of or in relation to the Agency before the commencement date.
Provision for continuity in the exercise of functions
4
1
Anything which, before the commencement date, is in the process of being done by, on behalf of or in relation to the Agency may be continued, on and after that date, by or on behalf of or in relation to the Authority.
2
Anything done (or having effect as if done) by or in relation to the Agency before the commencement date, has effect on and after that date as if done by or in relation to the Authority, so far as that is required for continuing its effect on and after that date.
3
The reference in paragraphs (1) and (2) to anything done, or in the process of being done, by or in relation to the Agency includes without limitation any applications made or any authorisations or notices given, to, by or in relation to the Agency.
Transitional provision in relation to investigations under the Local Government Act 1974
5
An investigation may be begun in accordance with Part 3 of the Local Government Act 1974 on or after the commencement date in relation to the actions or failures to act of the Agency before the commencement date, but in such a case the provisions of that Part shall have effect as if the actions or failures concerned were actions or failures of the Authority.
Transitory provision: final annual accounts of the London Development Agency
6
1
The Authority must prepare a statement of the accounts of the Agency for the financial year ending on 31st March 2012 (“the final annual accounts”) in accordance with the provisions of Part 2 of the Audit Commission Act 1998 .
2
The Authority must send a copy of the final annual accounts to the Audit Commission by 30th June 2012.
3
As soon as the final annual accounts have been examined, certified and reported on by the Audit Commission, the Authority must send to the Secretary of State a copy of the accounts together with the Audit Commission’s report on them.
Transitory provision: final annual report on the London Development Agency
7
The Authority must, by 30th September 2012, make a report to the Secretary of State on the exercise and performance by the Agency of its functions during the financial year ending on 31st March 2012 (“the final report”) and must include in the final report —
a
a copy of the audited final annual accounts prepared under article 6; and
b
a copy of the Audit Commission’s report.
Amendments of secondary legislation
8
1
The amendments specified in Schedule 1 have effect.
2
The revocations specified in Schedule 2 have effect.
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
2nd March 2012
SCHEDULE 1
Amendments
Article 8(1)
European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008
1
In regulation 2 (interpretation) of the European Regional Development Fund (London Operational Programme) (Implementation) Regulations 2008 , for the definition of “London region” substitute —
“London region” has the same meaning as “Greater London” in section 2 of the London Government Act 1963 ;
.
Redundancy Payments (Continuity of Employment in Local Government, etc ) (Modification) (Order) 1999
2
1
The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 is amended as follows.
2
In section 2 of Schedule 1 (planning and development) —
a
after paragraph 9 insert —
9A
A Mayoral development corporation within the meaning of section 198 of the Localism Act 2011.
; and
b
omit paragraph 41A.
3
In section 3 of Part 2 of Schedule 2 (planning and development) after paragraph 2 insert —
2A
Olympic Park Legacy Company Limited.
.
SCHEDULE 2
Revocations
Article 8(2)
Reference Title Extent of revocation
S.I. 1997/2862 Local Authorities (Contracts) Regulations 1997 In regulation 5(1), sub-paragraph (h) S.I. 2003/1907 Greater London Authority Elections (Election Addresses) Order 2003 In article 9(3), in sub-paragraph (d)(i), the words “, the London Development Agency” S.I. 2007/75 Rural Development (Enforcement) (England) Regulations 2007 In regulation 2(1), in the definition of “delivery body”, in (c), the words “except the London Development Agency” S.I. 2009/1360 Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009 In article 2, paragraph (q) S.I. 2010/948 Community Infrastructure Levy Regulations 2010 In regulation 60(8), the words “; or (b) the London Development Agency” |
The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 304(10) and 306 of the Health and Social Care Act 2012 .
Citation and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012.
2
In this Order —
“ the Act ” means the Health and Social Care Act 2012;
“the 2006 Act ” means the National Health Service Act 2006 ;
“ the Board ” means the National Health Service Commissioning Board established under section 1H of the 2006 Act ;
“the Board Authority” means the Special Health Authority established under the NHS Commissioning Board Authority (Establishment and Constitution) Order 2011 ;
“financial year” means the period which begins on 1st April and ends on the following 31st March;
“initial period” has the meaning given in paragraph 1(2) of Schedule 6 to the Act.
Commencement of provisions
2
1
Insofar as they are not already in force , the following provisions of the Act shall come into force in accordance with this Order.
2
1st October 2012 is the day appointed for the coming into force of the following provisions of the Act —
section 1 (Secretary of State’s duty to promote the comprehensive health service) only insofar as it —
a
substitutes section 1(1) of the 2006 Act, and
b
relates to the Board’s duty under section 1H(2) and (3)(b) of the 2006 Act;
section 9(1) (the National Health Service Commissioning Board) only insofar as it inserts section 1H(1), (2), (3)(b) and (4) into the 2006 Act (the NHS Commissioning Board and its general functions);
section 9(2) and Schedule 1 (the National Health Service Commissioning Board), except insofar as it inserts paragraph 17 of Schedule A1 into the 2006 Act (interim accounts);
section 10 (clinical commissioning groups) only insofar as it inserts section 1I(1) into the 2006 Act;
section 17(13) (powers in relation to research) only insofar as it confers powers on the Board;
section 21 (functions of Special Health Authorities);
section 22 (exercise of public health functions of the Secretary of State) for the purpose only of enabling —
the Secretary of State to arrange for the Board or a clinical commissioning group to exercise public health functions of the Secretary of State on or after the date on which section 22 comes fully into force, and
the Board to arrange for a clinical commissioning group to exercise public health functions under section 7A(4) of the 2006 Act on or after the date on which section 22 comes fully into force;
section 23 (the National Health Service Commissioning Board: further provision) only insofar as it inserts into the 2006 Act —
sections 13A to 13D,
section 13E(1) to (3) and (4)(a),
sections 13F to 13J,
sections 13K(1) and 13L,
section 13N,
section 13P,
section 13R,
section 13T for the purpose only of the first business plan of the Board for the financial year ending 31st March 2014 and subsequent financial years;
section 13U, except for section 13U(2)(c),
section 13W,
section 13Y,
sections 13Z to 13Z3, and
section 13Z4(1), except insofar as the definition of “health services” relates to section 13Q;
section 24 (financial arrangements for the Board) only insofar as it inserts section 223B(2) and (3) into the 2006 Act;
section 25(1) (clinical commissioning groups: establishment etc. ), except insofar as it inserts section 14I into the 2006 Act;
Schedule 2 only insofar as it inserts the following paragraphs of Schedule 1A into the 2006 Act —
paragraphs 1 to 10,
paragraph 12(1) to (3) and (4)(a),
paragraph 12(4)(b) except insofar as it relates to employees of the group or groups,
paragraph 12(9)(a)(i) and (iv) and (b),
paragraph 12(9)(a)(iii) only insofar as it relates to paragraphs 17(1), (2) and (9) and 19,
paragraphs 17(1), (2) and (9), and
paragraph 19,
and section 25(2) insofar as it relates to those paragraphs;
section 26 (clinical commissioning groups: general duties etc.) only insofar as it inserts into the 2006 Act —
sections 14P to 14R,
sections 14T to 14Y,
section 14Z1,
section 14Z3(1), (2), (6) and (7), except insofar as section 14Z3(7) relates to section 14Z9,
section 14Z8, and section 14Z7(7) insofar as it relates to section 14Z8,
section 14Z10,
sections 14Z11 and 14Z12 for the purpose only of a clinical commissioning group preparing a plan for the financial year ending 31st March 2014, and subsequent financial years,
section 14Z13(1), (2) and (8)(a) and (b),
sections 14Z17 to 14Z20,
section 14Z21(1) to (10) and (14),
section 14Z22 to 14Z24(1), except insofar as the definition of “health services” relates to section 14Z2;
section 27 (financial arrangements for clinical commissioning groups) only insofar as it inserts into the 2006 Act —
section 223G(3) for the purpose only of notifying a clinical commissioning group of its allotment for the financial year ending 31st March 2014 and subsequent financial years, and section 223G(4) and (5) in relation to any such allotment, and
section 223I(2), (3) and (6), and section 223I(1) insofar as it relates to those paragraphs;
section 147 (Secretary of State’s duty as respects variation in provision of health services), only insofar as the provisions in sections 6E and 13A of the 2006 Act, and section 75 of the Act, are in force ;
section 151(1) and (9) (governors);
section 154 (accounts: initial arrangements);
section 158 (voting);
section 164(1) to (3) and (6) (goods and services);
section 165 (private health care);
section 181 (Healthwatch England), except for subsection (4) insofar as it inserts the following provisions into the Health and Social Care Act 2008 —
section 45A(2) and (4),
section 45A(1) insofar as it relates to section 45A(2) or (4),
section 45C(2)(b), and
section 45C(4),
and except for subsection (5) insofar as it relates to a function under the provisions inserted by subsection (4);
section 212(1) (abolition of the General Social Care Council);
section 223(3) and (6) (functions of the Professional Standards Authority);
section 281 (abolition of the National Patient Safety Agency);
section 290(1), (2), (3)(a) and (d) and (4) to (8) and 291 (duties to co-operate and breach of such duties);
section 294 (failure to discharge functions by the Care Quality Commission);
sections 295 and 296 (arrangements between the Board and Northern Ireland Ministers and Scottish Ministers) only insofar as it is necessary to enable the Board to prepare itself to exercise functions under those subsections on or after the date on which section 9(1) comes fully into force;
section 298 (advice or assistance to public authorities in the Isle of Man or Channel Islands);
sections 300 to 302 and Schedules 22 and 23 (transfer schemes) insofar as they relate to the Board and a clinical commissioning group;
in Schedule 4 (amendments of the 2006 Act) —
paragraph 1 insofar as it relates to the Board and clinical commissioning groups,
paragraphs 6(2)(a) and 7(a),
paragraph 13,
paragraph 18(2)(a), (d) and (e), (3), (4)(a) and (6)(a), and paragraph 18(1) insofar as it relates to those provisions,
paragraph 104(2) and (3)(a), and paragraph 104(1) insofar as it relates to those provisions,
paragraph 109(a),
paragraph 110(2)(a) and (3)(a) and paragraph 110(1) insofar as it relates to those provisions,
paragraph 111(3)(a), (4)(a) and (c) and paragraph 111(1) insofar as it relates to those provisions,
paragraph 112,
paragraph 113(a) insofar as it inserts section 217(1)(ea) into the 2006 Act (trusts: supplementary provisions),
paragraph 115,
paragraph 117(1),
paragraph 125(4) to (6),
paragraph 137,
paragraph 138(2)(a) and (c), (4) and (5),
paragraph 139(2), and paragraph 139(1) insofar as it relates to that provision,
and section 55(1) only insofar as it relates to those paragraphs;
in Schedule 5 (amendment of other enactments) —
paragraph 5(a) and (c),
paragraph 6,
paragraph 7(b),
paragraph 8(a)(i) and (b)(i), except insofar as the amendments insert reference to “a local authority”,
paragraph 10(a)(i) and (b)(i),
paragraph 12(2)(a), and paragraphs 11 and 12(1) insofar as they relate to that paragraph,
paragraph 14(a),
paragraph 20(c),
paragraph 22(a) and 23(b), and paragraph 21 insofar as it relates to those paragraphs,
paragraph 44(a),
paragraph 68(c), and paragraph 67 insofar as it relates to that paragraph,
paragraph 74(a) and 75(a), and paragraph 72 insofar as it relates to those paragraphs,
paragraph 76(a),
paragraph 96,
paragraph 99(b),
paragraph 100(a),
paragraph 147(a) and (b)(i),
paragraph 175(3)(c) only insofar as it inserts subsection (2)(ca) and (cb) into section 2 of the Health Act 2009 , and paragraphs 173 and 175(1) only insofar as they relate to that paragraph,
paragraph 182(a), and paragraph 180 insofar as it relates to that paragraph, and
paragraph 184(c),
and section 55(2) only insofar as it relates to those paragraphs;
in Schedule 6 —
paragraph 1,
paragraph 2(2),
paragraphs 3 to 13, and section 26 insofar as it inserts section 14Z4(1), 14Z5(2) and 14Z7(7) into the 2006 Act for the purpose of paragraph 11(2) of Schedule 6 only,
and section 55(3) insofar as it relates to those paragraphs.
3
31st October 2012 is the day appointed for the coming into force of section 279 of, and Part 2 of Schedule 20 to, the Act.
Transitory modifications in respect of the commencement of section 9 of the Act (the National Health Service Commissioning Board)
3
1
Until sections 11, 12, 17(2) to (9), (12) and (13) and section 29(2) of the Act come into force, in section 1H(2) of the 2006 Act the words “except in relation to that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities” are to be read as “except in relation to that part of the health service which is provided for the purpose of protecting the public in England from disease or other dangers to health, or which is provided for the purpose of improving public health.”
2
Until the end of the initial period, paragraph 16(2)(b) of Schedule A1 to the 2006 Act (annual accounts) is to be read as if the words “and the annual accounts of each clinical commissioning group” were omitted.
3
Until section 9(2) of, and Schedule 1 to, the Act come fully into force, paragraph 15(3) of Schedule A1 to the 2006 Act (accounts) is to be read as if the words “and any interim accounts prepared by virtue of paragraph 17” were omitted.
Transitory modifications in respect of the commencement of section 23 of the Act (the National Health Service Commissioning Board: further provision)
4
1
For the purpose only of the mandate to the Board for the financial year ending 31st March 2014, the requirement in section 13A(8)(b) of the 2006 Act to consult Healthwatch England does not apply.
2
For the purpose only of the annual report of the Board for the financial year ending 31st March 2013, the requirements in section 13U(2) and (5) do not apply.
Transitional provision in respect of the commencement of section 25 of the Act (clinical commissioning groups: establishment etc.)
5
Where an application has been made to the Board Authority before 1st October 2012 for establishment as a clinical commissioning group, that application must, from that date, be treated as an application to the Board under section 14B of the 2006 Act (applications for the establishment of clinical commissioning groups) if that application meets the requirements of that section.
Transitory modifications in respect of the commencement of section 26 of the Act (clinical commissioning groups: general duties etc.)
6
1
Until section 194(1) of the Act (establishment of Health and Wellbeing Boards) comes into force —
a
section 14Z11(6) and (9),
b
section 14Z12(2)(b) insofar as it applies section 14Z11(6), and
c
section 14Z12(3)(b),
of the 2006 Act do not apply.
2
Until section 13 of the Act (duties of clinical commissioning groups as to commissioning certain health services) comes into force, section 14Z13(2) is to be read as if the reference to “individuals for whom it has responsibility for the purposes of section 3” is a reference to —
a
individuals who are provided with primary medical services by a member of the group; and
b
individuals who usually reside in the group’s area and are not provided with primary medical services by a member of any clinical commissioning group.
Transitory modification in respect of the commencement of section 181 of the Act (Healthwatch England)
7
Until section 183 of the Act (local authority arrangements) comes into force, in section 45A(5)(b) of the Health and Social Care Act 2008 , the reference to “the views of Local Healthwatch organisations and of other persons” is to be read as a reference to “the views of persons”.
Transitory modification in respect of the commencement of section 223 of the Act (functions of the Professional Standards Authority)
8
From 1st October 2012 until section 222 of the Act (the Professional Standards Authority for Health and Social Care) comes into force, the references to the Professional Standards Authority for Health and Social Care in section 26A(1A) of the National Health Service Reform and Health Care Professions Act 2002 (powers of the Secretary of State etc. to request the Authority for advice) are to be read as references to the Council for Healthcare Regulatory Excellence.
Transitory provision in respect of the commencement of Schedule 2 to the Act (clinical commissioning groups)
9
Notwithstanding the commencement of Schedule 2 to the Act in article 2(2) , paragraph 17(1) and (2) of Schedule 1A to the 2006 Act (accounts and audits) do not apply to a clinical commissioning group in the initial period.
Saving provision and transitory modification in relation to the commencement of paragraph 1 of Schedule 4 to the Act (amendments of the 2006 Act)
10
1
Notwithstanding the commencement in part of paragraph 1 of Schedule 4 to the Act (amendments of the 2006 Act) by article 2(2) the power of the Secretary of State under section 2 of the 2006 Act (Secretary of State’s general power) prior to any amendment made by that paragraph, is to continue until paragraph 1 of Schedule 4 comes fully into force.
2
Until the commencement of section 34 of the Act (abolition of Primary Care Trusts) —
a
the power of a clinical commissioning group under section 2 of the 2006 Act (general power) does not include the power to —
i
enter into a commissioning contract, or any other contract,
ii
acquire and dispose of property, or
iii
accept gifts (including property to be held on trust for the purposes of the clinical commissioning group); and
b
the power of the Board under section 2 of the 2006 Act does not include the power to enter into a commissioning contract.
3
In this article “commissioning contract” means a contract entered into by the Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the health service.
Saving provisions in respect of the commencement of paragraph 125 of Schedule 4 to the Act and paragraph 96 of Schedule 5 to the Act (amendment of the Government Resources and Accounts Act 2000)
11
1
Notwithstanding the commencement of paragraph 125(4) to (6) of Schedule 4 to the Act by article 2(2) , paragraphs 7 to 9 of Schedule 15 to the 2006 Act apply to the accounts of the bodies specified in those paragraphs in respect of any financial year up to and including the financial year ending 31st March 2012 as if the amendments made by paragraph 125(4) to (6) of Schedule 4 to the Act were not in force.
2
Notwithstanding the commencement of paragraph 96 of Schedule 5 to the Act by article 2(2), section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) applies in respect of accounts relating to any financial year up to and including the financial year ending 31st March 2012 as if the amendments made by paragraph 96 of Schedule 5 to the Act were not in force.
Transitory modification in respect of the commencement of paragraph 137 of Schedule 4 to the Act (amendments of the 2006 Act)
12
Until the commencement of section 33 of the Act (abolition of Strategic Health Authorities), section 273 of the 2006 Act (further provision about orders and directions under the Act) must be read as if —
a
in subsection (3), “by a Strategic Health Authority or” were inserted after “this Act”; and
b
in subsection (4)(c)(ii), “15,” were inserted after “13Z1,”.
Transitory modifications in respect of the commencement of paragraph 138(2)(c) of Schedule 4 to the Act
13
1
Until the commencement of section 33 of the Act (abolition of Strategic Health Authorities) the definition of “NHS body” in section 275(1) of the 2006 Act (interpretation) is to be read as if it included a reference to a Strategic Health Authority.
2
Until the commencement of section 34 of the Act (abolition of Primary Care Trusts) the definition of “NHS body” in section 275(1) of the 2006 Act is to be read as if it included a reference to a Primary Care Trust.
3
Until section 9(1) of the Act (the NHS Commissioning Board) comes fully into force, a reference to “NHS body” or “NHS bodies” in the provisions of the 2006 Act specified in paragraph (5) is to be read as if it does not include a reference to the Board.
4
Until section 10 of the Act (clinical commissioning groups) comes fully into force, a reference to “NHS body” or “NHS bodies” in the provisions of the 2006 Act specified in paragraph (5) is to be read as if it does not include a reference to a clinical commissioning group.
5
The provisions specified for the purposes of paragraphs (3) and (4) are —
a
section 66;
b
section 68;
c
section 244;
d
section 249;
e
section 256;
f
section 258; and
g
paragraph 29 of Schedule 4.
Transitory modifications in respect of the commencement of paragraph 6 of Schedule 5 to the Act (Public Records Act 1958 (c. 51) )
14
1
Until section 23 of the Act (the NHS Commissioning Board: further provision) is commenced in full, Schedule 1 to the Public Records Act 1958 is to be read as if the reference to “and section 13X” in the second column of the first entry to the Department of Health in paragraph 3(2) in the Table is omitted.
2
Until section 25(2) of, and Schedule 2, to the Act (clinical commissioning groups) are commenced in full, Schedule 1 to the Public Records Act 1958 is to be read as if the reference to “, or paragraph 20 of Schedule 1A to” in the second column of the first entry to the Department of Health in paragraph 3(2) in the Table is omitted.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
11th July 2012 |
The Taxes, etc. (Fees for Payment by Telephone) Regulations 2012
In accordance with section 136(2) of that Act, the Commissioners expect that they, or the person authorised by them, will be required to pay a fee in connection with amounts paid where telephone authorisation is given to make a payment by credit card.
Citation and commencement
1
These Regulations may be cited as the Taxes, etc. (Fees for Payment by Telephone) Regulations 2012 and come into force on 2nd April 2012.
Fee payable for telephone payments made by credit card
2
1
A person who —
a
gives telephone authorisation to make a payment by credit card, and
b
makes a payment to the Commissioners or the person authorised by the Commissioners,
must also pay a fee of 1.5% of the amount of that payment.
2
The fee must be paid by being added to the payment (so that, accordingly, the person must make a single overall payment, consisting of the payment and the fee).
3
In these Regulations “credit card” means a card which —
a
is a credit-token within section 14(1)(b) of the Consumer Credit Act 1974 , or
b
would be a credit-token falling within that enactment were the card to be given to an individual.
Revocation
3
The Taxes, etc. (Fees for Payment by Telephone) Regulations 2009 are revoked.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
5th March 2012 |
The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2012
Accordingly the Secretary of State makes the following Order:
Citation and commencement
1
This Order may be cited as the Industrial Training Levy (Engineering Construction Industry Training Board) Order 2012 and comes into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
a
“assessment” means an assessment of an employer to the levy;
b
“the base period” means the period of twelve months commencing on 6th April 2011;
c
“the Board” means the Engineering Construction Industry Training Board;
d
“emoluments” means —
i
all salaries, fees and wages;
ii
any gratuity or other profit or incidental benefit of any kind obtained by an employee, if it is money or money’s worth, other than pensions contributions;
iii
anything else that constitutes, or is intended to constitute, earnings of the relevant employment;
e
“employer” has the meaning given in article 3;
f
“the engineering construction industry” means —
i
the activities of the engineering construction industry as defined by Schedule 1 to the industrial training order; or
ii
activities —
aa
which fall within the description of activities in article 2(1) of the Employment Protection (Offshore Employment) Order 1976 (excluding the activities described in article 2(2) of that Order); and
bb
which would fall within the activities of the engineering industry as defined by that Schedule if they were carried out in Great Britain.
g
“the industrial training order” means the Industrial Training (Engineering Board) Order 1964 ;
h
“labour-only agreement” means any agreement or arrangement (other than contracts of service or apprenticeship) between an employer and any other person, the purpose of which is wholly or mainly the provision of services (including any incidental use of tools) of such a person or any other person to the employer in his trade or business;
i
“leviable establishment” has the meaning given in article 4;
j
“the levy” means the levy imposed by the Board in respect of the levy period;
k
“the levy period” means the period commencing on the day on which this Order comes into force and ending on 31st December 2012;
l
“off site employee” means an employee (including a person engaged under a labour-only agreement) other than a site employee;
m
“site employee” means an employee (including a person engaged under a labour-only agreement) the activities of whose employment take place wholly or mainly at a site where activities falling under paragraph 1(a)(i), (iii) or (iv) of Schedule 1 to the industrial training order are carried on.
2
In this Order, references to a leviable establishment starting or ceasing to carry on business do not include instances where —
a
a leviable establishment starts carrying on business after, or ceases carrying on business because of, a suspension of activities of a temporary or seasonal nature; or
b
the location of a leviable establishment changes but the establishment continues its business at or from the new location.
Imposition of the levy
3
1
A levy shall be imposed on employers in the engineering construction industry in respect of the levy period.
2
Subject to article 8, a person is liable to pay an amount by way of levy in respect of the levy period if that person is an employer in the engineering construction industry at any time in that period.
3
In this Order (other than in this article), references to an “employer” are references to a person who is an employer in the engineering construction industry.
Leviable establishments to be assessed
4
1
The Board must assess the amount of levy to be paid in respect of each leviable establishment of an employer.
2
In this Order, “leviable establishment” means an establishment engaged wholly or mainly in the engineering construction industry during the necessary period.
3
In this article “the necessary period” means —
a
a period (which need not be continuous) consisting of a total of 27 or more weeks falling within the base period; or
b
in the case of a leviable establishment which started carrying on business during the base period, a period (which need not be continuous) —
i
falling within the base period; and
ii
consisting of a total number of weeks exceeding one half of the number of weeks in the part of the base period starting on the day on which the leviable establishment started carrying on business and ending on the last day of the base period.
4
The employer who on the last day of the levy period owns or otherwise has responsibility for a leviable establishment is to be treated as the employer of all persons employed at or from that establishment during the base period.
Treatment of leviable establishments as one establishment
5
The Board and an employer may agree that two or more leviable establishments of that employer be treated as one leviable establishment for the purposes of assessment of the amount of levy payable.
Assessment of amount of levy
6
1
The amount of levy to be assessed in respect of site employees for each leviable establishment is —
1.5 per cent of (A + B – C)
where
A is the total emoluments of all persons who are site employees employed by the employer at or from the leviable establishment under a contract of service or apprenticeship during the base period;
B is the sum of all payments (including payments for the incidental use of tools) made by the employer during the base period under labour-only agreements for services rendered to the employer by site employees;
C is the sum of all payments (including payments for the incidental use of tools) received by the employer during the base period from any other employers in the engineering construction industry under labour-only agreements for services rendered by the employer, or on his behalf, by site employees.
2
The amount of levy to be assessed in respect of off site employees for each leviable establishment is —
0.18 per cent of (D + E – F)
where
D is the total emoluments of all persons who are off site employees employed by the employer at or from the establishment under a contract of service or apprenticeship during the base period;
E is the sum of all payments (including payments for the incidental use of tools) made by the employer during the base period under labour-only agreements for services rendered to the employer by off site employees;
F is the sum of all payments (including payments for the incidental use of tools) received by the employer during the base period from any other employers in the engineering construction industry under labour-only agreements for services rendered by the employer, or on his behalf, by off site employees.
3
In paragraphs (1) and (2) the following are to be excluded from all calculations —
a
all company directors remunerated solely by fees;
b
all payments under labour-only agreements to the extent that any payment is —
i
in respect of the provision of materials;
ii
otherwise not in respect of the provision of services.
4
If an amount calculated as a result of either paragraph (1) or (2) is negative, that amount should be treated as zero for the purposes of paragraph (5).
5
The amount of levy to be assessed in respect of each leviable establishment is the aggregate of the amounts calculated as a result of paragraphs (1) and (2).
6
Where a leviable establishment ceases to carry on business in the levy period, the amount of levy imposed in respect of the leviable establishment is to be in the same proportion to the amount that would otherwise be due under this article as the number of days between the commencement of the levy period and the date of the cessation of business (both dates inclusive) bears to the number of days in the levy period.
Total amount of levy
7
The total amount of levy to be paid by an employer is the aggregate amount of levy for all leviable establishments of the employer.
Exemptions
8
1
An employer in whose case the aggregate of —
a
all emoluments of all persons who are site employees employed at or from the leviable establishments under a contract of service or apprenticeship in the base period; and
b
all sums (including payments for the incidental use of tools) paid in the base period by the employer to any person under labour-only agreements for services rendered to the employer by site employees;
is less than £275,000 shall be exempt from payment of all amounts of levy calculated in respect of site employees under article 6(1).
2
An employer in whose case the aggregate of —
a
all emoluments of all persons who are off site employees employed at or from the leviable establishments under a contract of service or apprenticeship in the base period; and
b
all sums (including payments for the incidental use of tools) paid in the base period by the employer to any person under labour-only agreements for services rendered to the employer by off site employees;
is less than £1,000,000 shall be exempt from payment of all amounts of levy calculated in respect of off site employees under article 6(2).
3
The persons and payments listed in article 6(3) as those to be excluded from all calculations in paragraphs (1) and (2) of article 6 are also to be excluded from all calculations in paragraphs (1) and (2) of this article.
4
Any body of persons or trust established for charitable purposes only is exempt from the levy.
Assessment notices
9
1
The Board must serve an assessment notice on every employer assessed to the levy.
2
An assessment notice may comprise two or more assessments.
3
An assessment notice must state —
a
the total amount of levy payable by the employer under the assessment notice;
b
where the assessment notice comprises two or more assessments, the total amount of levy payable by the employer in respect of each assessment;
c
whether each assessment is based on —
i
information submitted by the employer to the Board; or
ii
a reasonable estimate by the Board of the employer’s liability to levy;
d
the methods of payment of the levy which the Board will accept; and
e
the Board’s address for service of a notice of appeal and an application for an extension of time for appealing.
4
The Board may —
a
withdraw any assessment contained in an assessment notice in accordance with article 10; or
b
amend any assessment contained in an assessment notice in accordance with article 11.
Withdrawal of assessments
10
1
In order to withdraw an assessment the Board must serve a withdrawal notice on the relevant employer.
2
The withdrawal notice referred to in paragraph (1) must make clear which assessment is withdrawn.
3
Where an assessment has been withdrawn the assessment notice shall have effect as if the assessment withdrawn by the Board had not been included in that notice.
Amendment of assessments
11
1
In order to amend an assessment the Board must serve an amended assessment notice on the relevant employer.
2
The amended assessment notice referred to in paragraph (1) must —
a
comply with the requirements for an assessment notice specified in article 9(3); and
b
make clear which assessment is amended.
Service of notices
12
Notices under articles 9, 10 and 11 must be in writing and served on an employer assessed to the levy by —
a
delivering the notice to the employer personally; or
b
delivering the notice to the employer’s last known address, place of business or registered office; or
c
sending the notice by post to the employer’s last known address, place of business or registered office; or
d
where the employer has notified the Board of an e-mail address at which the employer is content to accept service, sending an electronic copy of the notice to that e-mail address.
Time at which payment becomes due and recoverable
13
1
The amount of levy payable under an assessment notice is due and payable by the employer one month after the date of service of the assessment notice, unless paragraph (2) or (3) applies.
2
Where the Board has withdrawn an assessment under article 10, the amount of levy in respect of that assessment is no longer due and payable.
3
Where the Board has amended an assessment in accordance with article 11 —
a
if the amount of levy in respect of that assessment has been increased —
i
the amount of the assessment prior to amendment remains due and payable one month after the date of service of the assessment notice; and
ii
the additional amount of the assessment is due and payable one month after the date of service of the amended assessment notice;
b
if the assessment has been reduced, the amended amount of the assessment is due and payable one month after the date of service of the assessment notice.
4
Any amount payable by an employer by way of the levy —
a
is not recoverable by the Board during any period in which that employer has pending either —
i
an appeal against the levy; or
ii
a request to allow more time to appeal;
b
is otherwise recoverable once it becomes due.
Time to appeal
14
For the purposes of section 12(4) of the Industrial Training Act 1982 , the period of time within which an employer assessed to the levy may appeal to an employment tribunal against the assessment is —
a
one month commencing with the date of service of the assessment notice; or
b
where the Board has served an amended assessment notice under article 11, one month commencing with the date of service of the amended assessment notice; or
c
such further time as the Board may allow; or
d
such further time as an employment tribunal may allow where the Board has not allowed an extension of time for appealing.
Certificate of payment
15
1
An employer may request a certificate as evidence that the employer has paid all sums due under —
a
an assessment notice; or
b
an amended assessment notice.
2
The Board must issue a certificate to an employer when —
a
the Board has received a request for a certificate from an employer; and
b
all sums due under the relevant notice have been paid by that employer.
3
The certificate must state —
a
the total amount of levy paid by the employer; and
b
that no further sums are due from the employer in respect of the relevant notice.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
27th March 2012 |
The Council Tax (Prescribed Classes of Dwellings) (England) (Amendment) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 11A(1), (2), (4) and (4A) and 11B(2) and (3) of the Local Government Finance Act 1992 , makes the following Regulations:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Prescribed Classes of Dwellings) (England) (Amendment) Regulations 2012 and shall come into force on 1st April 2013.
2
These Regulations apply in relation to billing authorities in England only.
Amendment of Regulations
2
1
The Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003 are amended in accordance with paragraphs (2) to (4) below.
2
For regulation 2 (interpretation) substitute —
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“caravan” shall be construed in accordance with Part 1 of the Caravan Sites and Control of Development Act 1960 ;
“Class A” means the class of dwellings described in regulation 4;
“Class B” means the class of dwellings described in regulation 5;
“Class C” means the class of dwellings described in regulation 7;
“Class D” means the class of dwellings described in regulation 8;
“Class E means the class of dwellings described in regulation 9;
“Class F” means the class of dwellings described in regulation 10;
“qualifying person” means a person who is liable for the council tax in respect of a dwelling on a particular day, whether or not jointly with any other person, or who would be liable for the council tax in respect of a dwelling on a particular day if that dwelling did not fall within —
Class O of the Council Tax (Exempt Dwellings) Order 1992 ; or
Class E of the Council Tax (Liability for Owners) Regulations 1992 ;
“the relevant year” means the financial year for which a billing authority makes a determination under section 11A of the Act;
an “unoccupied dwelling” means a dwelling in which no one lives.
2
For the purposes of Class D —
a
a dwelling is vacant on any day if on the day —
i
in the case of a dwelling consisting of a pitch occupied by a caravan or a mooring occupied by a boat, the caravan or boat is unoccupied; and
ii
in any other case, the dwelling is unoccupied and substantially unfurnished; and
b
in considering whether a dwelling has been vacant for any period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded.
3
In regulation 3 (prescribed classes), for paragraphs (1) and (2) substitute —
1
Class A and Class B are prescribed as classes of dwelling for the purposes of section 11A(4) of the Act for each financial year beginning on or after 1st April 2013.
2
Class C and Class D are prescribed as classes of dwelling for the purposes of section 11A(4A) of the Act for each financial year beginning on or after 1st April 2013.
3
Class E and Class F are prescribed classes of dwelling for the purposes of section 11B(2) of the Act for each financial year beginning or after 1st April 2013.
4
After regulation 7 (Class C) insert —
Class D
8
The class of dwellings described in this regulation (“Class D”) comprises every chargeable dwelling in England —
a
which satisfies the requirement set out in paragraph (b) unless it has been such a dwelling for a continuous period of twelve months or more ending immediately before the day in question;
b
the requirement referred to in paragraph (a) is that the dwelling is vacant and —
i
requires or is undergoing major repair work to render it habitable, or
ii
is undergoing structural alteration; or
iii
has undergone major repair work to render it habitable, if less than six months have elapsed since the date on which the alteration was substantially completed and the dwelling has continuously remained vacant since that date;
c
for the purposes of paragraph (b) above “major repair work” includes structural repair work.
Class E
9
1
) The class of dwellings described in this regulation (“Class E”) comprises every chargeable dwelling in England which —
a
is the sole or main residence of an individual where that individual is a qualifying person in relation to another dwelling provided by the Secretary of State for Defence for the purposes of armed forces accommodation, and which for that individual is job-related; or
b
would be the sole or main residence of an individual if that individual were not a qualifying person in relation to another dwelling provided by the Secretary of State for Defence for the purposes of armed forces accommodation, and which for that individual is job-related.
2
For the purposes of paragraph (1) a dwelling is job-related if it falls within the description set out in paragraph 1 of the Schedule to these Regulations.
Class F
10
1
The class of dwellings described in this regulation (“Class F”) comprises every chargeable dwelling in England —
a
which forms part of a single property which includes at least one other dwelling; and
b
which is being used by a resident of that other dwelling, or as the case may be, one of those other dwellings, as part of their sole or main residence.
2
For the purposes of paragraph (1) “single property” means property which would apart from the Council Tax (Chargeable Dwellings) Order 1992 be one dwelling within the meaning of section 3 of the Act.
Signed by authority of the Secretary of State for Communities and Local Government
Brandon Lewis
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th November 2012 |
The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 2) Order 2012
The Solicitor General makes the following Order in exercise of the powers conferred by section 3(3) of the Prosecution of Offences Act 1985 .
Citation and commencement
1
This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 2) Order 2012 and comes into force on 3rd September 2012.
Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999
2
1
The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 is amended as follows.
2
In article 3(3)(a), for “section 11(1)(a)” substitute “section 11(1)”.
Edward Garnier
Solicitor General
8th August 2012 |
The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012
These Regulations are made by the Secretary of State, in exercise of the powers conferred by section 55(10) and 154(5)(a) and (c) of the Police Reform and Social Responsibility Act 2011 .
Citation and commencement
1
These Regulations may be cited as the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 and shall come into force on 15th September 2012.
Interpretation
2
In these Regulations —
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011;
“account” means an account prepared by a returning officer for the purposes of section 55(6) of the 2011 Act and includes an account (or part of an account) prepared for that purpose in order to account for the use of an advance made under section 55(9) of the 2011 Act;
“Accounting Officer” means the accounting officer appointed under section 5(6) of the Government Resources and Accounts Act 2000 for the Home Office;
“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act.
Address for submission of accounts
3
An account must be addressed to the Accounting Officer and submitted by the returning officer to the Elections Claims Unit at the address notified by the Secretary of State.
Time for submission of accounts
4
Subject to regulation 5 , a complete account must be submitted in accordance with these Regulations by the returning officer within the period of 8 months commencing with the day of the declaration of the result of the PCC election to which the charges in the account relate.
Incomplete accounts
5
1
Where a returning officer is, for good reason, unable to comply with regulation 4 , the returning officer must submit an incomplete account within the period specified in regulation 4 .
2
An incomplete account submitted under this regulation must —
a
be as complete as possible in the circumstances,
b
include a statement to the effect that it is an incomplete account,
c
include the reasons for the submission of an incomplete account, and
d
include a proposed date by which, subject to the agreement of the Accounting Officer, a complete account will be submitted.
3
The proposed date referred to in paragraph (2)(d) must be no later than 3 months after the last day of the period specified in regulation 4 .
4
Where the Accounting Officer —
a
considers that the account submitted under this regulation is not as complete as possible in the circumstances,
b
does not accept the returning officer’s reasons for the submission of the incomplete account, or
c
considers the proposed date referred to in paragraph (2)(d) to be unreasonable,
the Accounting Officer may require the returning officer to submit a complete account by an earlier date than the proposed date referred to in paragraph (2)(d).
Documents to be submitted with accounts
6
An account submitted in accordance with regulation 4 or 5 must be accompanied by —
a
a receipt or other supporting documentation in respect of each charge for services rendered and expenses incurred by the returning officer, and
b
a declaration, signed by the returning officer, in the following terms —
“I declare that this account, submitted for the purposes of the payment of charges in respect of services necessarily rendered and expenses necessarily incurred for the efficient and effective conduct of this police and crime commissioner election in the area for which I am responsible, is correct to the best of my knowledge and belief.”.
Form of accounts
7
1
The form in which an account must be submitted must be such that the charges in respect of each of the specified services and specified expenses are shown separately.
2
For the purposes of paragraph (1), the specified services and specified expenses are those set out in any order made under section 55(1) of the 2011 Act in force at the time of the PCC election to which the charges in the account relate.
Nick Herbert
Minister of State
Home Office
9th August 2012 |
Water Industry (Financial Assistance) Act 2012
Financial assistance to reduce charges
1
In Part 5 of the Water Industry Act 1991, in Chapter 2 (financial assistance for undertakers and licensed water suppliers), after section 154 there is inserted —
Financial assistance to reduce charges
154A
1
If the Secretary of State considers it desirable to do so, the Secretary of State may give financial assistance for the purpose in subsection (2) to —
a
an English undertaker, or
b
a licensed water supplier that supplies water to premises in accordance with its retail authorisation using the supply system of an English undertaker.
2
The purpose is that of securing the reduction of charges payable by customers in an English undertaker’s area for the supply of water or the provision of sewerage services.
3
The power in subsection (1) may be exercised in relation to all customers in an English undertaker’s area or customers of a particular description.
4
Financial assistance under subsection (1) may be given in any form and in particular may be given by way of —
a
grant,
b
loan, or
c
guarantee.
5
Financial assistance under subsection (1) may be given on such terms and conditions as the Secretary of State considers appropriate.
6
Financial assistance under subsection (1) may be given in any manner and in particular may be given —
a
to an English undertaker by means of an arrangement made by the Secretary of State with another English undertaker, or
b
to a licensed water supplier by means of an arrangement made by the Secretary of State with an English undertaker that is a water undertaker.
7
A reference in this section to a customer in an English undertaker’s area is a reference to —
a
a person liable to pay charges to the undertaker in respect of the supply of water or the provision of sewerage services, other than a licensed water supplier, or
b
a person whose premises are supplied with water by a licensed water supplier in accordance with its retail authorisation using the undertaker’s supply system.
8
In this section a reference to the retail authorisation of a licensed water supplier is to be construed in accordance with section 17A(2).
9
In this section “English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England.
Financial assistance for major works
2
In Chapter 2 of Part 5 of the Water Industry Act 1991, after section 154A (inserted by section 1) there is inserted —
Financial assistance for major works
154B
1
If the Secretary of State considers it desirable to do so, the Secretary of State may give financial assistance in connection with —
a
the construction of water or sewerage infrastructure, or
b
the carrying out of works in respect of existing water or sewerage infrastructure.
2
Financial assistance may be given under subsection (1) only if constructing the infrastructure in question or carrying out the works in question, or doing a combination of those things, involves exceptionally large or complex works.
3
Financial assistance may be given under subsection (1) only if the use or intended use of the infrastructure includes use by an English undertaker in carrying out a duty under section 37 or 94.
4
The power under subsection (1) includes power to give financial assistance or further financial assistance for the purposes described in subsection (1) after completion of the infrastructure or the works in question.
5
Financial assistance under subsection (1) may be given in any form and in particular may be given by way of —
a
grant,
b
loan,
c
guarantee or indemnity,
d
the provision of insurance, or
e
the acquisition of shares in or securities of a body corporate.
6
Financial assistance under subsection (1) may be given on such terms and conditions as the Secretary of State considers appropriate.
7
In this section —
“English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England;
“sewerage infrastructure” means infrastructure relating to the provision of a system of sewers or the provision of means for emptying, or dealing effectually with the contents of, sewers;
“water infrastructure” means infrastructure relating to the provision of a system of water supply or the securing of supplies of water.
Short title, commencement and extent
3
1
This Act may be cited as the Water Industry (Financial Assistance) Act 2012.
2
Sections 1 and 2 come into force at the end of the period of two months beginning with the date on which this Act is passed.
3
This section comes into force on the day on which this Act is passed.
4
This Act extends to England and Wales only. |
The Football Spectators (Seating) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 11 of the Football Spectators Act 1989 . In accordance with section 11(4) of that Act he has consulted the Sports Grounds Safety Authority.
Citation and Commencement
1
This Order may be cited as the Football Spectators (Seating) Order 2012 and comes into force on 1st July 2012.
Direction
2
1
The Secretary of State directs the Sports Grounds Safety Authority as set out in paragraph (2).
2
When granting any licence to admit spectators to the premises specified in column (1) of Schedule 1 and further identified in column (2) of that Schedule by the name of the football club of which they are the home ground, the Sports Grounds Safety Authority must include in that licence a condition imposing the requirements, as respects the seating of spectators at designated football matches , specified in Schedule 2.
Hugh Robertson
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
6th June 2012
SCHEDULE 1
Premises in respect of which a condition imposing requirements about the seating of spectators at designated football matches must be imposed
Article 2(2)
(1) Address of the premises (2) Football club of which the premises are the home ground
New York Stadium
Don Street
Rotherham
S60 1AH
Rotherham United Football Club ( RUFC ) Limited
SCHEDULE 2
Requirements to be imposed
Article 2(2)
1
Only seated accommodation is to be provided for spectators at a designated football match.
2
Spectators are only to be admitted to watch a designated football match from seated accommodation. |
The Local Authorities (Committee System) (England) Regulations 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 9J, 9JA and 105 of the Local Government Act 2000 makes the following Regulations.
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Committee System) (England) Regulations 2012 and come into force on 4th May 2012.
Interpretation
2
1
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 2000 Act ” means the Local Government Act 2000;
“the 2006 Act ” means the Police and Justice Act 2006 ;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007 ;
“local authority” means a committee system local authority;
“non-unitary district council committee” has the same meaning as in section 9FF of the 2000 Act ; and
“relevant partner authority” has the same meaning as in section 9FF of the 2000 Act.
PART 2 Discharge of functions
Functions to be discharged by the local authority
3
1
Section 101 (arrangements for the discharge of functions by local authorities) of the 1972 Act does not apply with respect to the discharge, by a local authority, of any function referred to in paragraphs (2) to (8).
2
The functions referred to in this paragraph are —
a
the approval or adoption of a plan or strategy of a description specified in column (1) of the Schedule to these Regulations and conferred by the enactments specified in relation to those functions in column (2);
b
the approval or adoption of a plan or strategy for the control of the local authority’s borrowing, investments or capital expenditure, or for determining the authority’s minimum revenue provision; and
c
the approval for the purpose of its submission to the Secretary of State or any Minister of the Crown for approval, of any plan or strategy, referred to in sub-paragraphs (a) or (b), (whether or not in the form of a draft) of which any part is required to be so submitted.
3
The function referred to in this paragraph is the making of a members’ allowance scheme authorised or required by Regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the 1989 Act or of amending, revoking or replacing any such scheme.
4
The functions referred to in this paragraph are the functions of the determination of —
a
the amount of any allowance payable under;
i
subsection (5) of section 3 (chairman’s expenses) of the 1972 Act;
ii
subsection (4) of section 5 (vice chairman’s expenses) of that Act; and
b
the amount of any allowance payable pursuant to a scheme under section 18 of the 1989 Act, or the rates at which payments, by way of any such allowance are to be made.
5
The function referred to in this paragraph is the function of making a request to the Local Government Boundary Commission for England under section 57 (requests for single-member electoral areas) of the Local Democracy, Economic Development and Construction Act 2009 for single-member electoral areas.
6
The function referred to in this paragraph is the function of passing a resolution to change a scheme for elections under sections 32(1), 37(1) or 39(1) (resolutions for schemes of elections) of the 2007 Act.
7
The function referred to in this paragraph is the function of making an order giving effect to recommendations made in a community governance review under section 86 (reorganisation of community governance) of the 2007 Act .
8
The function referred to in this paragraph is the function relating to the voting rights of co-opted members of an overview and scrutiny committee under regulation 11.
9
Subject to paragraph (10), section 101 of the 1972 Act does not apply with respect to the discharge of the function of amending, modifying, varying or revoking any plan or strategy referred to in paragraph (2)(a) or (b) (whether approved or adopted before or after the coming into force of these Regulations).
10
Paragraph (9) does not apply to any amendment, modification, variation or revocation which —
a
is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for approval, or to any part submitted; or
b
is authorised by a determination made by the local authority —
i
in pursuance of arrangements made for the discharge of functions under section 101 of the 1972 Act; and
ii
at the time when the local authority approves or adopts the plan or strategy, as the case may be.
PART 3 Overview and scrutiny: general provisions
Overview and scrutiny committees
4
1
Parts 3 to 5 apply where a local authority resolves to appoint one or more committees as the authority’s overview and scrutiny committee or, as the case may be, committees under section 9JA of the 2000 Act.
2
The local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them) —
a
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions of the authority;
b
to make reports or recommendations to —
i
the local authority;
ii
any committee or sub-committee of the local authority;
iii
any officer of the authority; or
iv
any joint committee on which the local authority is represented or any sub-committee of such a committee,
with respect to the discharge of any functions of the local authority; and
c
to make reports or recommendations to —
i
the local authority;
ii
any committee or sub-committee of the local authority;
iii
any officer of the authority; or
iv
any joint committee on which the local authority is represented or any sub-committee of such a committee,
on matters which affect the authority’s area or the inhabitants of that area.
3
In paragraph (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means —
a
a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities;
b
an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section; or
c
a joint overview and scrutiny committee within the meaning of section 123 of the 2007 Act (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.
4
The power of an overview and scrutiny committee under paragraph (2)(a) to review or scrutinise a decision made but not yet implemented includes power —
a
to recommend that the decision be reconsidered by the person who made it; or
b
to arrange for its function under paragraph (2)(a), so far as it relates to the decision, to be exercised by the authority.
5
An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this Part, or section 19 of the 2006 Act (local authority scrutiny of crime and disorder matters) .
Overview and scrutiny committees: supplementary provision
5
1
An overview and scrutiny committee of a local authority —
a
may appoint one or more sub-committees; and
b
may arrange for the discharge of any of its functions by any such sub-committee.
2
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it in accordance with paragraph (1)(b).
3
An overview and scrutiny committee of a local authority, is to be treated;
a
as a committee or a sub-committee of a principal council for the purposes of Part 5A of the 1972 Act (access to meetings and documents of certain authorities, committees and sub-committees); and
b
as a body to which section 15 of the 1989 Act (duty to allocate seats to political groups) applies.
4
Subsections (2) and (5) of section 102 of the 1972 Act apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
5
An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but subject to regulations 13 and 14, any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting, unless permitted to do so under regulation 11.
6
An overview and scrutiny committee of a local authority or a sub-committee of such a committee —
a
may require members of the local authority, and officers of the authority, to attend before it to answer questions; and
b
may invite other persons to attend meetings of the committee.
7
It is the duty of any member or officer mentioned in paragraph (6)(a) to comply with any requirement so mentioned.
8
A person is not obliged by paragraph (7) to answer any question which that person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
9
In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.
10
Guidance under paragraph (9) may make different provision for different cases or for different descriptions of committee or sub-committee.
Reference of matters to overview and scrutiny committees
6
1
The local authority must ensure that it enables —
a
any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee;
b
any member of a sub-committee of an overview and scrutiny committee of the authority to refer to the sub-committee any matter which is relevant to the functions of the sub-committee; and
c
any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.
2
For the purposes of paragraph (1), a local authority enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
In considering whether or not to exercise the power which they have by virtue of paragraph (1)(c) in any case, the member must have regard to guidance for the time being issued by the Secretary of State.
4
Guidance under paragraph (3) may make different provision for different cases.
5
Paragraphs (6) to (9) apply where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to paragraph (1)(c).
6
In considering whether or not to exercise any of its powers under regulation 4(2) in relation to the matter, the committee may have regard to —
a
any powers which the member may exercise in relation to the matter by virtue of section 236 of the 2007 Act (exercise of functions by local councillors in England); and
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under regulation 4(2) in relation to the matter.
7
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of —
a
its decision; and
b
the reasons for it.
8
The committee must provide the member with a copy of any report or recommendations which it makes under regulation 4(2).
9
Paragraph (8) is subject to regulation 8.
10
In paragraph (1)(c) “excluded matter” means any matter which is —
a
a local crime and disorder matter within the meaning of section 19 of the 2006 Act; or
b
a matter of any description specified in an order made by the Secretary of State for the purposes of section 9FC of the 2000 Act.
Duty of local authority to respond to overview and scrutiny committee
7
1
This regulation applies where an overview and scrutiny committee makes a report or recommendation otherwise than —
a
by virtue of subsection (1)(b) of section 19 of the 2006 Act; or
b
by virtue of subsection (3)(a) of that section.
2
The overview and scrutiny committee may publish the report or recommendations.
3
The overview and scrutiny committee must by notice in writing require the local authority —
a
to consider the report or recommendations;
b
to respond to the overview and scrutiny committee indicating what (if any) action the local authority proposes to take; and
c
if the overview and scrutiny committee has published the report or recommendations under paragraph (2), to publish the response.
4
The notice served under paragraph (3) must require the authority to comply with it within two months beginning with the date on which the local authority received the report or recommendations or (if later) the notice.
5
It is the duty of a local authority to which a notice is given under paragraph (3) to comply with the requirements specified in the notice.
6
Paragraphs (2) and (5) are subject to regulation 8.
7
In this regulation —
a
“the local authority” means the local authority or a committee or sub-committee of the local authority, or a joint committee on which the local authority is represented or any sub-committee of such a committee, to whom the report or recommendations are made; and
b
references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Confidential and exempt information
8
1
This regulation applies to —
a
the publication under regulation 7 of any document comprising —
i
a report or recommendations of an overview and scrutiny committee; or
ii
a response of a local authority to any such report or recommendations; and
b
the provision of a copy of such a document —
i
to a member of a local authority; or
ii
to a relevant partner authority,
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority —
a
must exclude any confidential information; and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee, or the local authority, in providing a copy of a document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under paragraphs (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document —
a
may replace so much of the document as discloses the information with a summary which does not disclose that information; and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
5
If by virtue of paragraphs (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations —
a
excludes information; or
b
replaces part of the report or the recommendations with a summary,
it is nevertheless to be taken for the purposes of regulation 7(2) to have published the report or recommendations.
6
In this regulation —
“confidential information” has the meaning given by section 100A(3) of the 1972 Act (admission to meetings of principal councils);
“exempt information” has the meaning given by section 100I of that Act ; and
“relevant exempt information” means —
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the 1972 Act which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered; and
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
7
In this regulation, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Relevant partner authorities: reports and recommendations
9
1
This regulation applies where —
a
an overview and scrutiny committee makes a report or recommendation to the authority, otherwise than —
i
by virtue of subsection (1)(b) of section 19 of the 2006 Act; or
ii
by virtue of subsection (3)(a) of that section; and
b
the report or any of the recommendations relates to the functions of a relevant partner authority so far as exercisable in relation to —
i
the authority’s area; or
ii
inhabitants of that area.
2
The overview and scrutiny committee may, by notice in writing, require that relevant partner authority to have regard to the report or recommendations in the exercise of its functions.
3
A notice under paragraph (2) must be accompanied by a copy of the report or recommendations.
4
It is the duty of the relevant partner authority to which a notice is given under paragraph (2) to comply with the requirement specified in the notice.
5
Paragraph (4) does not apply if —
a
the relevant partner authority is a health service body; and
b
either —
i
the relevant committee is a non-unitary district council committee or;
ii
by virtue of section 244 of the National Health Service Act 2006 , the report was, or the recommendations were, made to the health service body (as well as to the authority).
6
In paragraph (5) “health service body” means —
a
a National Health Service Trust;
b
an NHS foundation trust; or
c
a Primary Care Trust.
7
A relevant partner authority must provide to an overview and scrutiny committee such information as that committee may reasonably require in order to discharge its functions which has been requested in writing.
8
A relevant partner authority may not provide to the overview and scrutiny committee —
a
information that was obtained by the authority from any other person where the provision of that information to the committee by the authority would constitute a breach of confidence actionable by any person;
b
information the disclosure of which would, or would be likely to, prejudice the exercise of the functions of the authority or the legitimate interests of any person (including the authority holding it);
c
personal information within the meaning of the Data Protection Act 1998 , unless the disclosure is permitted by or under that Act; or
d
other information the disclosure of which is prohibited by or under any enactment.
9
Where, but for this paragraph, the disclosure of information would be prohibited by paragraph (8)(c), the relevant partner authority must —
a
revise it so that the individual concerned cannot be identified; and
b
if satisfied that disclosure of the information in that revised form is permitted by or under the Data Protection Act 1998, and is not otherwise prohibited, disclose it.
10
In this regulation, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Scrutiny officers
10
1
Subject as follows, where a local authority resolves to appoint one or more committees as its overview and scrutiny committee, it must designate one of its officers to discharge the functions in paragraph (2).
2
Those functions are —
a
to promote the role of the local authority’s overview and scrutiny committee or committees;
b
to provide support to the local authority’s overview and scrutiny committee or committees and the members of that committee or those committees;
c
to provide support and guidance to —
i
members of the local authority; and
ii
officers of the local authority,
in relation to the functions of the local authority’s overview and scrutiny committee or committees.
3
An officer designated by a local authority under this regulation is to be known as the authority’s “scrutiny officer”.
4
A local authority may not designate any of the following under this regulation —
a
the head of the authority’s paid service designated under section 4 of the 1989 Act ;
b
the authority’s monitoring officer designated under section 5 of that Act ;
c
the authority’s chief finance officer, within the meaning of section 5 of that Act .
5
The duty in paragraph (1) does not apply to a district council for an area for which there is a county council.
6
In this regulation, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
PART 4 Overview and scrutiny committees: voting rights of co-opted members
Voting rights of co-opted members
11
1
A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.
2
Permission under paragraph (1) may only be given in accordance with a scheme made by the local authority.
3
A scheme for the purposes of this regulation may include —
a
provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee; and
b
provision for giving effect to any maximum or minimum established under sub-paragraph (a).
4
The power to make a scheme for the purposes of this regulation includes power to vary or revoke such a scheme.
5
Paragraph 12 of Schedule A1 to the 2000 Act applies to a committee system local authority as it applies to a local authority operating executive arrangements.
6
In this regulation, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
Voting rights of co-opted members: publication of schemes
12
1
A local authority which makes a scheme for the purposes of regulation 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.
2
If a local authority makes a scheme for the purposes of regulation 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in such a manner as the local authority considers likely to bring to the attention of persons who live in the area of the local authority a notice which complies with this regulation.
3
In the case of the making of a scheme, the notice under paragraph (2) must —
a
record the making of the scheme;
b
describe what it does;
c
state that copies of it are available for inspection at the principal office of the local authority; and
d
specify —
i
the address of that office; and
ii
the times when the scheme is available for inspection there.
4
In the case of the variation of a scheme, the notice under paragraph (2) must —
a
record the variation;
b
describe what it does;
c
state that copies of the scheme as varied are available for inspection at the principal office of the local authority; and
d
specify —
i
the address of that office; and
ii
the times when the scheme is available for inspection there.
5
In the case of the revocation of a scheme, the notice under paragraph (2) must record the revocation.
PART 5 Overview and scrutiny: education functions
Church representatives
13
1
In this regulation and regulation 14 —
“education functions” has the meaning given by section 579(1) of the Education Act 1996 ;
“education overview and scrutiny committee” means an overview and scrutiny committee or sub-committee of a relevant local authority, appointed under regulation 4 or 5, the functions of which relate wholly or partly to any education functions which are the responsibility of the authority;
“parent governor representative” means a person elected in accordance with regulations 4 to 6 of the Parent Governor Representatives (England) Regulations 2001 or treated as so elected in accordance with regulation 13 of those Regulations; and
“relevant local authority” means a local authority which has education functions.
2
In the case of a relevant local authority which maintains one or more Church of England schools, an education overview and scrutiny committee must include at least one qualifying person.
3
A person is a qualifying person for the purposes of paragraph (2) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned’s area.
4
In the case of a relevant local authority which maintains one or more Roman Catholic Church schools, an education overview and scrutiny committee must include at least one qualifying person.
5
A person is a qualifying person for the purposes of paragraph (4) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned’s area.
6
A member of an education overview and scrutiny committee appointed by virtue of paragraph (2) or (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question —
a
which relates to any education functions which are the responsibility of the authority concerned; and
b
which falls to be decided at the meeting.
7
The Secretary of State may by directions to a relevant local authority require any of the authority’s education overview and scrutiny committees or sub-committees to which this regulation applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
8
Directions under paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Parent governor representatives
14
Regulations 2 to 10 of the Parent Governor Representatives (England) Regulations 2001 apply to a local authority which has appointed an education overview and scrutiny committee.
PART 6 Revocation
Revocation
15
The Local Authorities (Alternative Arrangements) (England) Regulations 2001 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
30th March 2012
SCHEDULE
Plans and strategies specified for the purposes of regulation 3
Regulation 3
Description of plan or strategy
(1)
Provision of Act under which plan or strategy is prepared
(2)
Annual library plan Section 1(2) of the Public Libraries and Museums Act 1964 Crime and disorder reduction strategy Sections 5 and 6 of the Crime and Disorder Act 1998 Development plan documents Section 15 of the Planning and Compulsory Purchase Act 2004 Licensing authority policy statement Section 349 of the Gambling Act 2005 Local transport plan Section 108(3) of the Transport Act 2000 Plans and alterations which together comprise the Development Plan Part 2 of, and Schedule 8 to, the Planning and Compulsory Purchase Act 2004 Sustainable community strategy Section 4 of the 2000 Act Youth justice plan Section 40 of the Crime and Disorder Act 1998 |
The Waste (England and Wales) (Amendment) Regulations 2012
Citation and commencement
1
1
These Regulations may be cited as the Waste (England and Wales) (Amendment) Regulations 2012.
2
They come into force on 1st October 2012.
Amendment of the Waste (England and Wales) Regulations 2011
2
1
The Waste (England and Wales) Regulations 2011 are amended as follows.
2
For regulation 13 substitute —
Duties in relation to collection of waste
13
1
This regulation applies from 1st January 2015.
2
Subject to paragraph (4), an establishment or undertaking which collects waste paper, metal, plastic or glass must do so by way of separate collection.
3
Subject to paragraph (4), every waste collection authority must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.
4
The duties in this regulation apply where separate collection —
a
is necessary to ensure that waste undergoes recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve recovery; and
b
is technically, environmentally and economically practicable.
.
3
In regulation 14, for paragraph (2) substitute —
2
This duty applies where keeping waste separate is necessary to ensure that waste undergoes recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve recovery.
.
4
In regulations 38(2) (compliance notices), 39(2) (stop notices) and 42(3) (penalties), for “13(1)” substitute “13(2)”.
5
After regulation 48, insert —
Review
49
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations in relation to England;
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 the Waste Framework Directive (which is implemented in part by means of these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established 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
The first report under this regulation must be published before the end of the period of 5 years beginning with 1st October 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
.
John Griffiths
Minister for Environment and Sustainable Development
one of the Welsh Ministers
17th July 2012
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
16th July 2012 |
The Advisory Committee on Hazardous Substances (Abolition) Order 2012
A draft of this Order, and an explanatory document containing the information required in section 11(2) of the Act, have been laid before Parliament in accordance with section 11(1) of the Act after the end of the period of twelve weeks mentioned in section 11(3) of the Act. In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
Citation and commencement
1
1
This Order may be cited as the Advisory Committee on Hazardous Substances (Abolition) Order 2012.
2
The Order comes into force on the day after the day on which it is made, except as provided by paragraph (3) .
3
In respect of the final entry (Public Bodies Act 2011) in the table of repeals in the Schedule, article 3 comes into force on the second day after the day on which the Order is made.
Abolition of the Advisory Committee on Hazardous Substances
2
The committee established under section 140(5) of the Environmental Protection Act 1990 is abolished.
Repeals and revocations
3
The provisions mentioned in the Schedule are repealed or revoked to the extent specified.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st July 2012
SCHEDULE
Repeals and revocations
Article 3
Table of repeals
Short title Extent of repeal
Environmental Protection Act 1990 Section 140(5) (power to establish committee). In section 140(6) —
paragraph (a) (duty to consult committee), and
in paragraph (b), the words “having consulted the committee,”.
Section 142(3) (duty to consult committee). Schedule 12 (injurious or hazardous substances: advisory committee). Parliamentary Commissioner Act 1967 In Schedule 2 (departments etc subject to investigation), the entry relating to the Advisory Committee on Hazardous Substances. House of Commons Disqualification Act 1975 In Part 2 of Schedule 1 (bodies of which all members are disqualified), the entry relating to the Advisory Committee on Hazardous Substances. Freedom of Information Act 2000 In Part 6 of Schedule 1 (bodies that are public authorities for the purposes of the Act), the entry relating to the Advisory Committee on Hazardous Substances.
Public Bodies Act 2011 In Schedule 1 (power to abolish: bodies and offices), the entry relating to the Advisory Committee on Hazardous Substances.
Table of revocations
Title Extent of revocation
The Advisory Committee on Hazardous Substances Order 1991 The whole Order. The Advisory Committee on Hazardous Substances (Terms of Office) Regulations 1991 The whole Regulations. The House of Commons Disqualification Order 1993 In Schedule 1 (amendments of schedule 1 to the House of Commons Disqualification Act 1975), the entry relating to the Advisory Committee on Hazardous Substances. The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 In the Schedule, the entry relating to the Advisory Committee on Hazardous Substances. |
The Coleg Menai Further Education Corporation (Dissolution) Order 2012
Accordingly, the Welsh Ministers make the following Order:
Title and commencement
1
The title of this Order is the Coleg Menai Further Education Corporation (Dissolution) Order 2012 and it comes into force on 1 April 2012.
Dissolution and transfer
2
On 1 April 2012 Coleg Menai Further Education Corporation is dissolved and its property, rights and liabilities are transferred to Llandrillo College Further Education Corporation, being a body corporate established for purposes which include the provision of educational facilities or services.
Transfer of staff
3
Section 26(2), (3) and (4) of the Act applies to any person employed by Coleg Menai Further Education Corporation immediately before 1 April 2012 as if the references in that section to —
a
a person to whom that section applies were to a person so employed;
b
the operative date were to 1 April 2012;
c
the transferor were to Coleg Menai Further Education Corporation; and
d
the corporation were to Llandrillo College Further Education Corporation.
Leighton Andrews
Minister for Education and Skills, one of the Welsh Ministers
29 February 2012 |
The City of Birmingham (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 Birmingham (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 Birmingham 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 Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012
Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946 section 112 of the Saint Helena Act 1833 , the British Settlements Acts 1887 and 1945 , and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 and comes into force on 5th December 2012.
2
In this Order, “the principal Order ” means the Liberia (Restrictive Measures) (Overseas Territories) Order 2004 .
3
This Order extends to the territories listed in Schedule 1 to the principal Order.
Amendment of the principal Order
2
1
The principal Order is amended as follows.
2
In article 2(1) —
a
in the appropriate places, insert
“financing and financial assistance” in relation to the provision of assistance related to restricted goods includes in particular grants, loans and export credit insurance for any supply, delivery or export of such goods;
;
“non-governmental person” means any non-governmental legal or natural person, entity or body;
; and
“technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
;
b
for the definition of “restricted goods” substitute —
“restricted goods” means —
the goods, software and technology specified in Schedule 2 to the Export Control Order 2008 as amended from time to time, and
so far as not covered in that Schedule, the goods, software and technology specified in the Common Military List of the European Union as amended from time to time;
.
3
In article 3(1) for “person in Liberia”, wherever occurring, substitute “non-governmental person in Liberia”.
4
For article 4(1), substitute —
4
1
Except under the authority of a licence granted by the Governor under this article, it is prohibited to export restricted goods from the Territory for the purpose of delivery, directly or indirectly, to or to the order of any non-governmental person in, or for use in, Liberia.
.
5
In article 5, for “person, entity or body”, wherever occurring, substitute “non-governmental person”.
6
After article 5, insert —
Requirement for notice before exporting restricted goods or providing assistance etc. to Liberia
5A
1
A person who —
a
exports restricted goods to Liberia (where such export is not prohibited by article 3 or 4), or
b
provides assistance, advice or training related to military activities or to the provision, manufacture, maintenance or use of restricted goods in Liberia (where such provision is not prohibited by article 5),
must send the Governor written notice of the proposed export or provision of assistance, advice or training not less than 21 calendar days before the date of export or the date the assistance, advice or training is to be provided.
2
The notice referred to in paragraph (1) must include all relevant information including, where appropriate, the end-user, proposed date of delivery and the itinerary of shipments.
3
A person who fails to send the notice required by paragraph (1) commits an offence.
Licences
5B
1
The Governor may grant a licence under article 3, 4 or 5 of this Order in respect of —
a
the supply, delivery or export of restricted goods or the provision of assistance, advice or training related to restricted goods intended solely for the support of, or use by, the United Nations Mission in Liberia;
b
the supply, delivery or export of protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; or
c
the supply, delivery or export of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training.
.
7
In article 8 —
a
for paragraph (1) substitute —
1
Without prejudice to the generality of article 3, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods, if the carriage is, or forms part of, carriage from any place outside Liberia to any non-governmental person in Liberia.
.
b
in paragraph (3) for “destination” substitute “non-governmental person in Liberia ”.
8
For article 11(1)(a), substitute —
a
declare whether or not he has with him any restricted goods which are for delivery, directly or indirectly, to or to the order of any non-governmental person in Liberia; and
.
9
In article 17(5) after “article” insert “5A,”.
10
In paragraph 4 of Schedule 2 after “article” insert “5A,”.
Richard Tilbrook
Clerk of the Privy Council |
The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 569(4) of, and paragraphs 3, 6(2), 15(1)(b), 15(2)(d), 15(2)(e) and 15(2)(h) of Schedule 1 to, the Education Act 1996 .
Citation and commencement
1
These Regulations may be cited as the Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 and come into force on 1st April 2013.
Amendments to the Education (Pupil Referral Units) (Management Committees etc ) (England) Regulations 2007
2
1
The Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 are amended as follows.
2
In regulation 22 —
a
for sub-paragraph (2)(b) substitute —
b
with respect to teachers employed by the authority to work at the unit, the authority’s functions under the Education (School Teachers’ Appraisal) (England) Regulations 2012
;
b
after paragraph (2) insert —
2A
The powers that are requisite for the discharge of the function of conducting the unit include, in particular, the powers conferred by paragraph 3 of Schedule 1 to the Education Act 2002 (powers of governing body).
;
c
in paragraph (3) —
i
for sub-paragraph (b) substitute —
b
any power to acquire and dispose of land.
; and
ii
omit sub-paragraph (c).
3
Omit regulation 23.
4
In Schedule 3 —
a
in paragraph 2(b) omit “education”;
b
after paragraph 2(b) insert —
c
sub-paragraph (d) does not apply to units
;
c
in paragraph 5, omit sub-paragraphs (a), (b), (d) and (e);
d
for paragraph 11(a) substitute —
a
omit “regulation 3(2) of the Religious Character of Schools (Designation Procedure) Regulations 1998 and regulation 6 of the Education (School Government) (Terms of Reference) (England) Regulations 2000,”
;
e
in paragraph 14 —
i
in sub-paragraph (a), for “The authority” substitute “The committee”;
ii
in sub-paragraph (b), omit “for “governing body” substitute “authority” and”.
Amendments to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
3
1
Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 is amended as follows.
2
After paragraph 17 insert —
17A
Section 35(7) of that Act applies in relation to units in order for Schedule 2 to that Act to have effect in relation to units —
a
to the extent specified in paragraph 20A of this Schedule; and
b
as if “, or section 66 of the Education and Inspections Act 2006” were omitted.
17B
Section 37(1) to (7B), (9), (11) and (12) of that Act (payments in respect of dismissal, etc) applies in relation to units as it applies in relation to maintained schools as if —
a
wherever the words occur —
i
for “governing body” there were substituted “management committee”;
ii
for “maintained school” or, as the case may be, “school”, there were substituted “unit”;
b
in subsection (7B) —
i
for “are” there were substituted “is”; and
ii
“on them by section 21(2) or” were omitted.
.
3
After paragraph 19 insert —
19A
Section 175(2) and (4) of that Act (duties of local authorities and governing bodies in relation to welfare of children) applies in relation to units as it applies to maintained schools but as if for subsection (2) there were substituted —
2
The management committee of a unit must make arrangements for ensuring that its function of conducting the unit delegated to it by the local authority is exercised with a view to safeguarding and promoting the welfare of pupils at the unit.
.
.
4
For paragraph 20 substitute —
20
Paragraph 3(1) to (6) and (8) of Schedule 1 to that Act applies to units as it applies to maintained schools as if —
a
in sub-paragraphs (1)(a), (3)(f) and (8), in each place where the word occurs, for “school” there were substituted “unit”;
b
in sub-paragraph (2)(a), after “maintained school” there were inserted “or the management committee of any other unit”;
c
in sub-paragraph (2A), for “maintained school in England (other than the governing body of a maintained nursery school)” there were substituted “unit”;
d
in sub-paragraph (2B), for the first reference to “maintained school” there were substituted “unit”.
.
5
After paragraph 20 insert —
20A
Paragraphs 1 to 3 of Schedule 2 to that Act (effect on staffing of suspension of delegated budget) apply to units as they apply to maintained schools as if —
a
for “school”, in each place where the word occurs, there were substituted “unit”; and
b
in paragraph 3, for “governing body” there were substituted “management committee”.
.
6
Omit paragraph 22 .
7
After paragraph 23E insert —
23EA
Section 7(1) to (3) and (6) to (8) of that Act (transfer of school surpluses) applies in relation to units as it applies in relation to maintained schools as if —
a
wherever the words occur —
i
for “governing body” there were substituted “management committee”;
ii
for “school” there were substituted “unit”;
b
in subsections (1)(c) and (3), for “Academy” there were substituted “alternative provision Academy”; and
c
in subsection (6), “This subsection is subject to subsection (9).” were omitted.
.
8
Omit paragraph 26 .
9
For paragraph 28 substitute —
School Staffing (England) Regulations 2009
28
1
Regulations 3, 4, 6 to 9, 12 to 22, 41 and 43 of the School Staffing (England) Regulations 2009 apply in relation to units as they apply in relation to maintained schools with the following modifications.
2
Wherever the words appear, as if —
a
except in regulations 7(2)(a) and 21(3), for “governing body” there were substituted “management committee”;
b
for “governor” and “governors” there were substituted “member” and “members” respectively;
c
except in the definition of “teacher” in regulation 3, regulations 8A, 12(6)(a), 18(3)(a), the second and third occurrences of “school” in regulation 21(3), and regulations 41 and 43, for “school” or, as the case may be, “maintained school”, there were substituted “unit”.
3
Regulation 3 has effect as if after the definition of “enhanced criminal record certificate” there were inserted —
“member” means a member of the management committee of a unit;
.
4
Regulation 4 has effect as if —
a
in sub-paragraph (1)(a), for “5 to 8 and 9, 15(3) and (5) and 27(3) and (5)” there were substituted “6 to 8 and 9, 15(3) and (5)”; and
b
sub-paragraph (1)(b) were omitted.
5
Regulation 7 has effect as if, in sub-paragraph (2)(a), for “exercisable by the governing body by or under EA 2002 ” there were substituted “delegated to the management committee by the authority”.
6
Regulation 8A has effect as if for paragraph (1) there were substituted —
1
This regulation applies where a member of the teaching staff at a unit (School A) applies for a teaching post at another school (School B), where School B is a unit, a maintained school, an Academy school or an alternative provision Academy.
.
7
Regulation 9 has effect as if —
a
for “With effect from 1st January 2010, the” there were substituted “The”; and
b
in sub-paragraph (b)(i), “or 27” were omitted.
8
Regulations 41 and 43 have effect as if —
a
in each place where the words occur, for “community, voluntary controlled, community special or maintained nursery school” there were substituted “unit”; and
b
in regulation 41, for “4 to 9” there were substituted “4, 6 to 9”.
9
Schedule 2 has effect as if —
a
in paragraph 1, for “regulations 12(7) and 24(7)” there were substituted “regulation 12(7)”; and
b
in paragraph 2(e), “or 24(4)” were omitted.
.
10
For paragraph 29 substitute —
Academy Conversions (Transfer of School Surpluses) Regulations 2010
29
The Academy Conversions (Transfer of School Surpluses) Regulations 2010 apply in relation to units as they apply in relation to maintained schools.
Consistent Financial Reporting (England) Regulations 2012
30
1
Regulations 2, 3 and 5 of, and the Schedule to, the Consistent Financial Reporting (England) Regulations 2012 apply in relation to units as they apply in relation to maintained schools with the following modification.
2
Regulation 2 has effect as if for paragraph (a) there were substituted —
a
a governing body means —
i
the governing body of any school which is maintained by a local authority other than a maintained nursery school;
ii
with respect to a pupil referral unit, the management committee of that unit
.
.
Elizabeth Truss
Parliamentary Under Secretary of State
Department for Education
19th December 2012 |
The Neighbourhood Planning (Prescribed Dates) Regulations 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by paragraphs 14(4) and (6) and 15(3) of Schedule 4B to the Town and Country Planning Act 1990 , makes the following Regulations.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Neighbourhood Planning (Prescribed Dates) Regulations 2012 and come into force on 1st September 2012.
2
In these regulations “ the Act ” means the Town and Country Planning Act 1990.
Prescribed dates
2
1
For the purposes of paragraph 14(4) and (6) of Schedule 4B to the Act, the prescribed date is the date on which the referendum is held.
2
For the purposes of paragraph 15(3) of Schedule 4B to the Act, the prescribed date is the date on which the additional referendum is held.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
2nd August 2012 |
The Bank Levy: International Tax Enforcement Arrangements (Federal Republic of Germany) Order 2012
The Treasury make the following Order in exercise of the powers conferred by paragraph 67A(1) of Schedule 19 to the Finance Act 2011 .
Citation, commencement and effect
1
This Order may be cited as the Bank Levy: International Tax Enforcement Arrangements (Federal Republic of Germany) Order 2012 and comes into force on 15th December 2012.
International tax enforcement arrangements to have effect
2
It is declared that —
a
the international tax enforcement arrangements specified in Article 9 of the Convention set out in Part 1 of the Schedule to the Double Taxation Relief (Bank Levy) (Federal Republic of Germany) Order 2012 and paragraph 2 of the Protocol set out in Part 2 of that Schedule have been made in relation to the Federal Republic of Germany;
b
the international tax enforcement arrangements have been made in association with double taxation arrangements specified in that Order; and
c
it is expedient that those international tax enforcement arrangements should have effect.
Robert Goodwill
Desmond Swayne
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2012 |
The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No.2) Regulations 2012 and come into force on 18 June 2012.
2
Subject to paragraph (3), these Regulations extend to England and Wales only.
3
Regulation 11 extends to all of the United Kingdom in so far as it imposes any obligation or confers any power on HMRC, an employer or a borrower in relation to repayments under Part 3 or 4 of the Education (Student Loans) (Repayment) Regulations 2009 .
Amendment of the Education (Student Loans) (Repayment) Regulations 2009
2
The Education (Student Loans) (Repayment) Regulations 2009 are amended in accordance with regulations 3 to 14.
3
In regulation 3 —
a
before “In these Regulations” insert “(1)”;
b
after the definition of “the 2008 Act” insert —
“the 2011 Support Regulations” means the Education (Student Support) Regulations 2011 ;
“the 2011 Welsh Regulations” means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 ;
;
c
after the definition of “part-time” insert —
“post-2012 student loan” has the meaning given in paragraph (2)
;
d
delete the definition of “repayment threshold” and insert —
“repayment threshold” —
in relation to a student loan which is not a post-2012 student loan, has the meaning given to it in regulation 29(7);
in relation to a post-2012 student loan, has the meaning given to it in regulation 29(8);
; and
e
after the definition of “Welsh Ministers” insert —
2
In these Regulations a “post-2012 student loan” means any student loan paid under the 2011 Support Regulations or the 2011 Welsh Regulations or any subsequent Regulations made by the Secretary of State or the Welsh Ministers (as the case may be) under section 22 of the 1998 Act and taken out by a borrower in respect of a course which that borrower begins on or after 1 September 2012 and which is not —
a
a full-time honours degree course beginning on or after 1 September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 to the 2011 Support Regulations or a full-time foundation or ordinary degree course, which started before 1 September 2012, having achieved a qualification; or
b
one to which the borrower’s status as a student eligible for support under Regulations made under section 22 of the 1998 Act has been transferred from another course which the borrower began before 1 September 2012 and where the transfer takes place on or after 1 September 2012 and it is from a full-time course to a full-time course.
.
4
In regulation 9(1), after the definition of “the 2006 Welsh Regulations” insert ““course start date” means 1 January, 1 April, 1 July or 1 September of the calendar year where the first day of the course is on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;”.
5
In regulation 15 —
a
in paragraph (2), before “A borrower is not required” insert “Subject to paragraphs (2A), (2B) and (2C),”; and
b
after paragraph (2) insert —
2A
Subject to paragraph (2C), where a borrower takes out a post-2012 student loan in relation to a part-time course, the borrower is not required to repay any part of that post-2012 student loan until the earlier of —
a
the start of the following tax year commencing on 6 April after the borrower ceases to be eligible for financial support under Regulations made pursuant to section 22 of the 1998 Act whether by reason of having completed that course or otherwise; or
b
the start of the following tax year commencing on 6 April after the fourth anniversary of the course start date.
2B
Subject to paragraph (2C), a borrower who takes out a post-2012 student loan and who changes their mode of study between full-time and part-time study is required to repay —
a
where there is a change from a full-time course to a part-time course, in accordance with paragraph (2A);
b
where there is a change from a part-time course to a full-time course before the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2);
c
where there is a change from a part-time course to a full-time course and the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2A).
2C
A borrower with a post-2012 student loan is not required to repay any part of the post-2012 student loan under paragraphs (2), (2A) and (2B) before 6 April 2016.
2D
For the purposes of paragraphs (2), (2A) and (2B), an original course and a top-up course are treated as one course where —
a
“original course” means a course which, disregarding any intervening vacation, a student attended immediately before a top-up course; and
b
“top-up course” means —
i
a full-time honours degree course beginning after 1 September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 to the 2011 Support Regulations or a full-time foundation or ordinary degree course, which started on or after 1 September 2012, having achieved a qualification; or
ii
a part-time honours degree course beginning after 1 September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend or undertake a part-time higher education course mentioned in paragraph 2, 3 or 4 of Schedule 2 to the 2011 Support Regulations or a part-time foundation or ordinary degree course, which started on or after 1 September 2012, having achieved a qualification.
.
6
After regulation 18 insert —
Division of repayment
18A
Where a borrower has a post-2012 student loan and a student loan which is not a post-2012 student loan and it is time for the borrower to repay both loans in accordance with regulation 15, the repayment will be divided between the loans so that —
a
the part of the repayment relating to income above the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the post-2012 student loan; and
b
the part of the repayment relating to income above the repayment threshold in regulation 29(7) up to and including the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the student loan which is not a post-2012 student loan.
.
7
In regulation 19 —
a
In paragraph (2), after “section 22 of the 1998 Act” insert “, other than a post-2012 student loan,”;
b
in paragraph (3)(c) delete “or”;
c
in paragraph (3)(d) —
i
after “post-2006 student loans” insert “and not post-2012 student loans”; and
ii
delete the “.” and insert “; or”; and
d
after paragraph (3)(d) insert —
e
in the case of post-2012 student loans, the 30 th anniversary of the date on which the borrower became liable to repay the student loan.
.
8
In regulation 20 —
a
in paragraph (1), delete from “as if it were the principal” to the end and substitute “in accordance with paragraph (1A).”;
b
after paragraph (1) insert —
1A
Interest is calculated —
a
for a student loan which is not a post-2012 student loan on or after 18 June 2012 up to and including 5 April 2016, as if it were the principal of a student loan outstanding from the date of receipt of the repayment to the date of the refund;
b
for a student loan which is not a post-2012 student loan on or after 6 April 2016, as if it were the principal of a student loan, which is not a post-2012 student loan, outstanding from the date of receipt of the repayment to the earlier of —
i
the end of a period 60 days after the Authority issues a notice; or
ii
the date on which the Authority makes the refund to the borrower;
after which period no interest will accrue;
c
for a post-2012 student loan, as if it were the principal of a student loan outstanding, to which the interest rate is limited to that in regulation 21A(9), from the date of receipt of the repayment to the earlier of —
i
the end of a period 60 days after the Authority issues a notice ; or
ii
the date on which the Authority makes the refund to the borrower;
after which period no interest will accrue;
1B
The notice to the borrower under paragraph (1A)(b)(i) and (c)(i) must state that interest will accrue on any overpayment from the date of receipt of the repayment, under paragraph (1), until the earlier of —
a
the end of a period 60 days after the Authority issues the notice; or
b
the date on which the Authority makes the refund to the borrower;
after which period no interest will accrue.
;
c
after paragraph (5) insert —
6
Where a borrower has a post-2012 student loan and a student loan which is not a post-2012 student loan and the Authority has received a repayment either directly from the borrower under regulation 15(1) or from HMRC under Parts 3 and 4 —
a
which results in the student loan which is not a post-2012 student loan being repaid in full but where the post-2012 student loan has not been repaid in full, or
b
when the student loan which is not a post-2012 student loan has already been repaid in full but where the post-2012 student loan has not been repaid in full,
the Authority must give notice to the borrower that any amount not required to repay the student loan which is not a post-2012 student loan and which was a repayment above the repayment threshold for the student loan which is not a post-2012 student loan and not above the repayment threshold for a post-2012 student loan, shall be treated as a direct payment to the Authority under regulation 15(1) for the post-2012 student loan unless the borrower notifies the Authority, within 60 days of the date of the Authority’s notice, that an amount should be refunded to the borrower.
7
A refund under paragraph (6) will carry interest calculated as if it were the principal of a student loan, which is not a post-2012 student loan, outstanding from the date of receipt of the repayment to the earlier of —
a
the end of a period 60 days after the Authority issues a notice; or
b
the date on which the Authority makes the refund to the borrower;
after which period no interest will accrue.
8
A notice given by the Authority in paragraph (6) must state that interest will accrue on a refund from the date of receipt of the repayment until the earlier of —
a
the end of a period 60 days after the Authority issues the notice; or
b
the date on which the Authority makes the refund to the borrower.
.
9
In regulation 21, before paragraph (1) insert —
A1
This regulation applies in relation to students loans which are not post-2012 student loans.
.
10
After regulation 21 insert —
Interest rate on post-2012 student loans
21A
1
This regulation applies in relation to post-2012 student loans.
2
Subject to paragraphs (3), (4) and (5), during any academic year, if the Authority determines that post-2012 student loans will bear interest, loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 2010 equal to —
a
the standard interest rate plus 3%, until the earlier of the end of the tax year in which —
i
the borrower completes the course;
ii
the borrower leaves the course; or
iii
the fourth anniversary of the course start date occurs, in the case of loans in relation to part-time courses;
b
after the period in sub-paragraph (a) for a borrower to whom Part 3 or 4 applies —
i
in a tax year in which the borrower’s interest income is the lower interest threshold or less, the standard interest rate;
ii
in a tax year in which the borrower’s interest income is more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate; or
iii
in a tax year in which the borrower’s interest income is more than the higher interest threshold, the standard interest rate plus 3%;
c
after the period in sub-paragraph (a) for a borrower to whom Part 5 applies, where the Authority has determined under regulation 75(1) that the borrower may repay a loan by income-related instalments and the Authority considers that the interest income the borrower is likely to receive in the next 12 month period is —
i
the lower interest threshold or less, the standard interest rate;
ii
more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate;
iii
more than the higher interest threshold, the standard interest rate plus 3%;
d
after the period in sub-paragraph (a) for a borrower to whom Part 5 applies, in any period during which a borrower is required to pay to the Authority a fixed instalment in accordance with a notice served under regulation 73, the standard interest rate plus 3%.
3
During any academic year, which starts on or after 1 September 2012 but ends on or before 31 August 2015 and for the period from 1 September 2015 to 5 April 2016, if the Authority determines that post-2012 student loans will bear interest, loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 2010 equal to —
a
the standard interest rate plus 3%, until the end of the tax year in which the borrower —
i
completes the course; or
ii
leaves the course,
b
after the period in sub-paragraph (a) the standard interest rate.
4
During any academic year or part of any academic year beginning on or after 6 April 2016, where a borrower fails to comply with one or more of regulations 22, 23(4) and 72, post-2012 student loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 2010 equal to the standard interest rate plus 3% for the period from the date the borrower fails to comply with one or more of regulations 22, 23(4) and 72, until the borrower complies with those regulations.
5
Where a borrower changes their mode of study between full-time and part-time study the interest under paragraph (2)(a) is to be calculated as if the course is a —
a
full-time course, where there is a change from a part-time course to a full-time course but before the requirement to repay under regulation 15(2A) applies;
b
part-time course, where there is a change from a part-time course to a full-time course and the requirement to repay under paragraph 15(2A) applies;
c
part-time course, where there is a change from a full-time course to a part-time course.
6
Interest is calculated on the principal outstanding daily and is added to the principal monthly.
7
The Authority must publish, at least once a year, by whatever means and in whatever media the Authority thinks fit, the interest rate determined in accordance with paragraphs (2) and (4) or where relevant paragraph (3), for any forthcoming academic year or part of that year.
8
If, for any academic year, the Authority publishes more than one rate of interest to apply to post-2012 student loans, any subsequent rate so published will replace any previously published rate as the rate to apply from the date specified in the notice published in accordance with paragraph (7).
9
The standard interest rate is the greater of —
a
0%; or
b
an amount equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for the two Marches immediately before the commencement of the academic year.
10
The additional interest rate is a percentage equal to 3 x (I - L)/(H - L) where —
I is the borrower’s interest income,
L is the lower interest threshold,
H is the higher interest threshold.
11
The borrower’s interest income is —
a
for a borrower to whom regulation 28 (but not regulation 42) applies, total income as calculated in accordance with regulation 29(4) but without excluding the repayment threshold in regulation 29(4)(a);
b
for a borrower to whom regulation 42 (but not regulation 28) applies, earnings as defined in regulation 41;
c
for a borrower where the Authority makes a determination that the borrower may repay a loan by income-related instalments under regulation 75, gross income as defined in regulation 71;
d
for a borrower to whom both regulations 28 and 42 apply in the same tax year, total income as calculated in accordance with regulation 29(4) but without excluding the repayment threshold in regulation 29(4)(a).
12
The lower interest threshold is —
a
for a borrower to whom Part 3 or 4 applies, an amount of £21,000; and
b
for a borrower to whom Part 5 applies, an amount to be determined by reference to the most recent price level index for the borrower’s country of residence and in accordance with the following table —
Band Price Level Index Lower Interest Threshold
A 0<30 £4,200 B 30<50 £8,400 C 50<70 £12,600 D 70<90 £16,800 E 90<110 £21,000 F 110<130 £25,200 G 130+ £29,400
13
The higher interest threshold is —
a
for a borrower to which Part 3 or 4 applies, an amount of £41,000;
b
for a borrower to whom Part 5 applies, an amount to be determined by reference to the most recent price level index for the borrower’s country of residence and in accordance with the following table —
Band Price Level Index Higher Interest Threshold
A 0<30 £8,200 B 30<50 £16,400 C 50<70 £24,600 D 70<90 £32,800 E 90<110 £41,000 F 110<130 £49,200 G 130+ £57,400
14
In relation to the tables in paragraphs (12)(b) and (13)(b) the following conditions apply —
a
the price level index for the United Kingdom is 100;
b
price level indices are to be calculated using the most recent provisional comparative price level indices measured in gross domestic product produced by the World Bank’s Development Indicators ;
c
subject to sub-paragraph (d), where a price level index cannot be calculated under sub-paragraph (b), the applicable thresholds are those for band A;
d
the Authority may determine that the applicable threshold for a borrower is to be that for a country other than the borrower’s present country of residence.
.
11
In regulation 29 —
a
in paragraph (7) before “The repayment threshold is” insert “Subject to paragraph (8)”;
b
in paragraph (7)(b), for “tax year” substitute “repayment threshold year”;
c
after paragraph (7) insert —
8
The repayment threshold for a borrower with a post-2012 student loan is an amount of £21,000.
.
12
In regulation 71 delete the definition for “Eurostat”.
13
In regulation 75 —
a
for paragraph (3), substitute —
3
“The Authority must determine the amount of each instalment and must ensure that the total amount of all instalments paid in the period up to 12 months from the date of the first instalment referred to in paragraph (2) must not exceed the relevant amount.
; and
b
for paragraph (5), substitute —
5
The amount of each instalment must be stated in the determination.
.
14
In regulation 76 —
a
in paragraph (1), delete the table and insert —
Band Price level index Fixed instalment for student loans which are not post-2012 student loans
A 0<30 £49.20 B 30<50 £98.40 C 50<70 £147.60 D 70<90 £196.80 E 90<110 £246 F 110<130 £295.20 G 130+ £344.40 Band Price level index Fixed instalment for post-2012 student loans A 0<30 £40.20 B 30<50 £80.40 C 50<70 £120.60 D 70<90 £160.80 E 90<110 £201.00 F 110<130 £241.20 G 130+ £281.40 Band Price level index Applicable threshold for student loans which are not post-2012 student loans A 0<30 £3,160 B 30<50 £6,320 C 50<70 £9,480 D 70<90 £12,640 E 90<110 £15,795 F 110<130 £18,955 G 130+ £22,115 Band Price level index Applicable threshold for post-2012 student loans A 0<30 £4,200 B 30<50 £8,400 C 50<70 £12,600 D 70<90 £16,800 E 90<110 £21,000 F 110<130 £25,200 G 130+ £29,400
b
in paragraph (1A) —
i
for “2012” substitute “2013”;
ii
for each occurrence of “Applicable threshold” substitute “Applicable threshold for student loans which are not post-2012 student loans”; and
iii
delete “in the amount”;
c
in paragraph (3), for “Eurostat” substitute “the World Bank’s Development Indicators”;
d
delete paragraph (4);
e
in paragraph (5), delete “or (4)”.
Education Act 2011 prescribed exceptions to student loans: interest rates
15
For the purposes of section 76 of the Education Act 2011, the circumstances in which that section will not apply are where a student enters into a loan, made in accordance with regulations under section 22 of the Teaching and Higher Education Act 1998, in respect of a course which satisfies one or both of the following conditions —
a
it is a full-time honours degree course beginning on or after 1 September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Education (Student Support) Regulations 2011 or a full-time foundation or ordinary degree course, which started before 1 September 2012, having achieved a qualification;
b
it is one to which the student’s status as a student eligible for support under Regulations made under section 22 of the of the Teaching and Higher Education Act 1998 has been transferred from another course which the student began before 1 September 2012 and where the transfer takes place on or after 1 September 2012 and is from a full time course to a full time course.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
16th May 2012
Leighton Andrews
Minister for Education and Skills One of the Welsh Ministers
15th May 2012 |
The European Communities (Designation) Order 2012
Her Majesty, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and interpretation
1
1
This Order may be cited as the European Communities (Designation) Order 2012 and comes into force on 7th August 2012.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“prohibited weapons” and “prohibited ammunition” mean respectively weapons and ammunition prohibited under Article 45 of the Firearms (Northern Ireland) Order 2004 (including, in the case of ammunition, any missiles falling within paragraph (2)(g) of that Article);
“Minister or department” means —
a Minister of the Crown or government department, including a Northern Ireland department, or
the Welsh Ministers;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to financial assistance for industry
2
The Secretary of State is designated in relation to financial assistance for industry.
Designation in relation to administrative co-operation
3
The Treasury are designated in relation to administrative cooperation in the field of taxation.
Designation in relation to financial services
4
The Treasury are designated in relation to financial services.
Designation in relation to firearms and ammunition
5
Any Northern Ireland department is designated in relation to firearms and ammunition except in relation to prohibited weapons and prohibited ammunition.
Territorial restrictions
6
Article 5 only designates a Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, subject to Article 7.
Relationship with other designations
7
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
Revocation of existing designations
8
The Orders specified in column (1) of the Schedule to this Order are revoked in so far as they relate to the designations listed in column (3) of that Schedule.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1
REVOCATIONS OF DESIGNATIONS
Article 8
(1) (2) (3) Orders revoked References Designation The Transfer of Functions (Financial Services) Order 1992
S.I 1992/1315
Matters relating to listing of securities on a stock exchange and information concerning listed securities measures relating to prospectuses on offers of transferable securities to the public, and in relation to anything supplemental or incidental to those matters or measures. The European Communities (Designation) (No 3) Order 1993
S.I 1993/2661
Measures relating to investment firms and to the provisions of investment services and to the operation of regulated markets and clearing or settlement systems. The European Communities (Designation) ( No. 4) Order 2000
S.I 2000/3057
Measures relating to securities and rights in securities. The European Communities (Designation) (No. 4) Order 2002
S.I 2002/2840
Authorisation and regulation of insurance intermediaries.
Collective investment in transferable securities and other liquid assets.
The European Communities (Designation) (No.3) Order 2004
S.I 2004/1283
The distance marketing of consumer financial services. The European Communities (Designation) (No.5) Order 2004
S.I 2004/2642
Insider dealing and market manipulation. European Communities (Designation) (No. 7) Order 2004
SI. 2004/3328
The listing of securities on a stock exchange and information concerning listed securities; and prospectuses on offers of transferable securities to the public and admission of securities to trading on a regulated
market. |
The UK Borders Act 2007 (Border and Immigration Inspectorate)(Joint Working etc.) Order 2012
The Secretary of State makes the following order in exercise of the powers conferred by sections 52(2), 52(3) and 55(1) of the UK Borders Act 2007 .
Citation, Commencement and Interpretation
1
1
This Order may be cited as the UK Borders Act 2007 (Border and Immigration Inspectorate)(Joint Working etc.) Order 2012 and shall come into force on 11th December 2012.
2
In this Order “ the Act ” means the UK Borders Act 2007.
Persons with whom the Chief Inspector may act jointly
2
The following persons shall be prescribed persons for the purposes of section 52(2) of the Act —
a
Her Majesty’s Chief Inspector of Prisons;
b
Her Majesty’s Inspectors of Constabulary;
c
the Independent Police Complaints Commissioner;
d
the Police Complaints Commissioner for Scotland;
e
the Parliamentary Commissioner for Administration; and
f
the Health Service Commissioner for England.
Persons that the Chief Inspector may assist
3
The following persons shall be prescribed persons for the purposes of section 52(3) of the Act —
a
Her Majesty’s Chief Inspector of Prisons;
b
Her Majesty’s Inspectors of Constabulary;
c
the Independent Police Complaints Commissioner;
d
the Police Complaints Commissioner for Scotland;
e
the Parliamentary Commissioner for Administration; and
f
the Health Service Commissioner for England.
Mark Harper
Minister of State
Home Office
19th November 2012 |
The International Bank for Reconstruction and Development (Selective Capital Increase) Order 2011
Accordingly, the Secretary of State for International Development makes the following Order:
Citation and commencement
1
This Order may be cited as the International Bank for Reconstruction and Development (Selective Capital Increase) Order 2011 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“the Agreement” means the Articles of Agreement of the International Bank for Reconstruction and Development, accepted on behalf of the Government on 27 December 1945 ;
“the Bank” means the International Bank for Reconstruction and Development established by the Agreement;
“the Government” means the Government of the United Kingdom; and
“the Resolution” means Resolution No 612 adopted by the Board of Governors of the Bank on 16th March 2011.
Relevant Payments
3
The Secretary of State may, on behalf of the Government —
a
make payment of a further subscription to the increased authorised capital stock of the Bank of sums not exceeding in the aggregate the equivalent of 14,078,104.50 United States Dollars pursuant to arrangements made between the Government and the Bank in accordance with the terms of the Resolution;
b
make payment of sums required to maintain the value of the payment mentioned in paragraph (a) in accordance with the Agreement and any arrangements made between the Government and the Bank; and
c
make payment of sums required to redeem any non-interest-bearing and non-negotiable notes or other obligations which may be issued or created by the Secretary of State and accepted by the Bank pursuant to the arrangements mentioned in paragraph (a),
in accordance with section 11 of the International Development Act 2002.
Andrew Mitchell
One of Her Majesty’s Principal Secretaries of State
12th December 2011
We approve,
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2011 |
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 43(4B)(a), 44(9)(a) and 143(1) and (2) of the Local Government Finance Act 1988 , makes the following Order:
Citation, application, commencement and interpretation
1
1
This Order, which applies in relation England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2012 and shall come into force on 25th February 2012.
2
This Order applies for the purposes of —
a
determining whether section 43(4B) of the Act applies as regards a ratepayer and a hereditament, and
b
calculating the chargeable amount for a chargeable day under section 43(4A)(a) of the Act,
in respect of chargeable days falling on or after 1st April 2012.
3
In this Order, “the Act” means the Local Government Finance Act 1988.
Conditions for relief
2
For the purposes of section 43(4B)(a)(ii) of the Act, the condition to be satisfied is that the rateable value of the hereditament as shown in the local non-domestic rating list for the chargeable day is not more than —
a
for a hereditament situated in Greater London, £25,499;
b
for a hereditament situated outside Greater London, £17,999.
Amount of E
3
1
Except where article 4 applies, the amount of E prescribed for the purposes of subsection 44(9) of the Act shall be found in accordance with paragraphs (2) to (6).
2
Where the ratepayer occupies only one hereditament in England and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is not more than £6,000, E shall be 2.
3
Where the ratepayer occupies only one hereditament in England and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is more than £6,000 and not more than £12,000, E shall be, subject to paragraph (5), the amount derived from dividing 12,000 by the rateable value of the hereditament shown in the local non-domestic rating list for that day.
4
In any case not falling within paragraph (2) or (3), E shall be 1.
5
Amounts calculated under paragraph (3), shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and
b
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
6
In determining, for the purposes of paragraphs (2) or (3), whether the ratepayer occupies only one hereditament in England (“hereditament A”), the ratepayer’s occupation of any other hereditament in England (“hereditament B”) shall be disregarded where —
a
the rateable value of hereditament B shown in the local non-domestic rating list for the chargeable day concerned is not more than £2,599;
b
the aggregate rateable value on the chargeable day concerned of all the hereditaments the ratepayer occupies in England is not more than the amount prescribed in article 2 in relation to hereditament A; and
c
the amount of E for the chargeable day concerned in relation to hereditament B is not determined in accordance with paragraph (2) of this article.
Amount of E for the financial year beginning on 1st April 2012
4
1
This article applies where the chargeable day falls in the financial year beginning on 1st April 2012.
2
Where this article applies, the amount of E prescribed for the purposes of subsection 44(9) of the Act shall be found in accordance with paragraphs (3) to (7).
3
Where the ratepayer occupies only one hereditament in England and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is not more than £6,000, E shall be 5,000,000.
4
Where the ratepayer occupies only one hereditament in England and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is more than £6,000 and not more than £12,000, E shall be (subject to paragraph (6)) the amount derived from dividing 6000 by the figure reached by subtracting 6000 from the rateable value of the hereditament shown in the local non-domestic rating list for that day.
5
In any case not falling within paragraph (3) or (4), E shall be 1.
6
Amounts calculated under paragraph (4), shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and
b
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
7
In determining, for the purposes of paragraphs (3) or (4), whether the ratepayer occupies only one hereditament in England (“hereditament A”), the ratepayer’s occupation of any other hereditament in England (“hereditament B”) shall be disregarded where —
a
the rateable value of hereditament B shown in the local non-domestic rating list for the chargeable day concerned is not more than £2,599;
b
the aggregate rateable value on the chargeable day concerned day of all the hereditaments the ratepayer occupies in England is not more than the amount prescribed in article 2 in relation to hereditament A; and
c
the amount of E for the chargeable day concerned in relation to hereditament B is not determined in accordance with paragraph (3) of this article.
Revocations
5
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is revoked in respect of chargeable days falling after 31st March 2012.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
23rd January 2012 |
The Local Policing Bodies (Consequential Amendments No. 2) Regulations 2012
In relation to regulation 2, the Secretary of State has consulted in accordance with section 43(9) of the Police Reform Act 2002.
Citation and commencement
1
These Regulations may be cited as the Local Policing Bodies (Consequential Amendments No. 2) Regulations 2012 and come into force on 22nd November 2012.
Amendments to the Railway Safety Accreditation Scheme Regulations 2004
2
1
The Railway Safety Accreditation Scheme Regulations 2004 are amended as follows.
2
In regulation 4(c) (consultation), for “police authorities” substitute “local policing bodies”.
Amendments to the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009
3
1
The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 are amended as follows.
2
In regulation 2 (interpretation), for the definition of “police authority” substitute —
“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);
.
3
In regulation 3 (consultation), in Table 2, for “police authority” (in each place) substitute “police and crime commissioner”.
Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009
4
1
The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), for the definition of “police authority” substitute —
“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);
.
3
In Schedule 1 (prescribed consultees), in the table, for “police authority” substitute “police and crime commissioner”.
Amendments to the Infrastructure Planning (Interested Parties) Regulations 2010
5
1
The Infrastructure Planning (Interested Parties) Regulations 2010 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), for the definition of “police authority” substitute —
“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);
.
3
In the table in the Schedule (statutory parties to the examination of an application), for “police authority” substitute “police and crime commissioner”.
Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010
6
1
The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), for the definition of “police authority” substitute —
“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);
.
3
In the table in Schedule 2 (persons to be notified of the proposed provision), for “police authority” substitute “police and crime commissioner”.
Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
7
1
The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), for the definition of “police authority” substitute —
“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);
.
3
In the table in Schedule 1 (consultation and notification), for “police authority” substitute “police and crime commissioner”.
Damian Green
Minister of State
Home Office
30th October 2012 |
The Criminal Procedure (Amendment) Rules 2012
Citation, commencement and interpretation
1
These Rules may be cited as The Criminal Procedure (Amendment) Rules 2012 and shall come into force on 1st April 2013.
2
In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in The Criminal Procedure Rules 2012 .
Amendments to the Criminal Procedure Rules 2012
3
In Part 2 (Understanding and applying the Rules) —
a
in rule 2.4 (Representatives) —
i
in paragraph (1)(b), for ‘where that party is a corporation’ substitute ‘where that corporation is a defendant’, and
ii
in paragraph (2), for ‘Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf’ substitute ‘A member, officer or employee of a prosecutor may, on the prosecutor’s behalf’; and
b
in the note to rule 2.4, after the second paragraph insert —
Sections 3 and 6 of the Prosecution of Offences Act 1985 make provision about the institution of prosecutions.
.
4
In rule 3.8 (Case preparation and progression), for paragraph (4) substitute —
4
In order to prepare for the trial, the court must take every reasonable step―
a
to encourage and to facilitate the attendance of witnesses when they are needed; and
b
to facilitate the participation of any person, including the defendant.
.
5
In the note to rule 7.2 (Information and written charge), in the third paragraph, for ‘ Part 2 contains rules allowing someone with a prosecutor’s authority, on that prosecutor’s behalf, to ’ substitute ‘ Part 2 contains rules allowing a member, officer or employee of a prosecutor, on the prosecutor’s behalf, to ’.
6
In Part 18 (Warrants for arrest, detention or imprisonment) —
a
in rule 18.3 (Terms of a warrant for detention or imprisonment) —
i
for paragraph (1)(a) substitute —
a
require each person to whom it is directed to detain the defendant and —
i
take the defendant to any place specified in the warrant or required or allowed by law, and
ii
deliver the defendant to the custodian of that place; and
; and
ii
in paragraph (1)(b) and in paragraph (2)(b), for ‘keep the defendant in custody’ substitute ‘detain the defendant’;
b
in rule 18.4 (Information to be included in a warrant) —
i
for paragraph (2)(a) substitute —
a
section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), including in particular —
i
whether the defendant must be detained in local authority accommodation or youth detention accommodation,
ii
the local authority designated by the court,
iii
any requirement imposed by the court on that authority,
iv
any condition imposed by the court on the defendant, and
v
the reason for any such requirement or condition;
; and
c
in the note to rule 18.4, for the first paragraph substitute —
[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 . Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may —
a
remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or
b
remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.
.
7
In rule 19.2 (Exercise of court’s powers to which this Part applies) —
a
for paragraph (5)(c) substitute —
c
where the defendant is under 18 —
i
imposing or varying a bail condition when ordering the defendant to be detained in local authority accommodation, or
ii
ordering the defendant to be detained in youth detention accommodation.
; and
b
in the note to the rule —
i
in the first paragraph, for ‘ section 23 of the Children and Young Persons Act 1969 ’ substitute ‘ sections 93(7) and 102(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ’, and
ii
after the second paragraph insert —
Under section 91 of the 2012 Act, instead of granting bail to a defendant under 18 the court may —
a
remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or
b
remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.
.
8
For rule 21.2 (Providing initial details of the prosecution case), substitute —
21.2
1
The prosecutor must serve initial details of the prosecution case on the court officer —
a
as soon as practicable; and
b
in any event, no later than the beginning of the day of the first hearing.
2
Where a defendant requests those details, the prosecutor must serve them on the defendant —
a
as soon as practicable; and
b
in any event, no later than the beginning of the day of the first hearing.
3
Where a defendant does not request those details, the prosecutor must make them available to the defendant at, or before, the beginning of the day of the first hearing.
.
9
In Part 37 (Trial and sentence in a magistrates’ court) —
a
in rule 37.10 (Procedure if the court convicts) —
i
in paragraph (3)(c), after ‘sentence’ insert ‘, including any statement of the effect of the offence on the victim, the victim’s family or others’,
ii
for paragraph (4) substitute —
4
The defendant must provide details of financial circumstances —
a
in any form required by the court officer;
b
by any date directed by the court or by the court officer.
,
iii
for paragraph (9) substitute —
9
When the court has taken into account all the evidence, information and any report available, the court must —
a
as a general rule, pass sentence there and then;
b
when passing sentence, explain the reasons for deciding on that sentence, unless neither the defendant nor any member of the public is present;
c
when passing sentence, explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless —
i
the defendant is absent, or
ii
the defendant’s ill-health or disorderly conduct makes such an explanation impracticable;
d
give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and
e
consider exercising any power it has to make a costs or other order.
, and
iv
for paragraph (10)(a) substitute —
a
the court must adjourn the hearing if the defendant is absent, the case started with a summons or requisition, and either —
i
the court considers passing a custodial sentence, or
ii
the court considers imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend);
;
b
in the note to rule 37.10, after the twelfth paragraph insert —
Under section 174(4) of the Criminal Justice Act 2003 , Criminal Procedure Rules may prescribe cases in which there do not apply the court’s usual duties to give reasons and explanations. Written notice of the effect of some sentences is required by rule 42.2 (notice of requirements of suspended sentence or community, etc. order), rule 42.3 (notice of statutory notification requirements) and rule 52.2 (notice of fine or other financial order).
;
c
for rule 37.12 (Provision of documents for the court), substitute —
37.12
1
A party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for —
a
each other party;
b
any witness that party wants to refer to that document;
c
the court; and
d
the justices’ legal adviser.
2
Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court —
a
any copy received under paragraph (1) before the hearing begins; and
b
a copy of the court officer’s record of —
i
information supplied by each party for the purposes of case management, including any revision of information previously supplied,
ii
each pre-trial direction for the management of the case,
iii
any pre-trial decision to admit evidence,
iv
any pre-trial direction about the giving of evidence, and
v
any admission to which rule 37.6 applies.
[Note. A written witness statement to which Part 27 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 27.4 refers.
An expert report to which Part 33 applies may only be introduced in evidence if it has been served in accordance with rule 33.4.
See also rule 34.3 for the procedure where a party objects to the introduction of hearsay evidence, including such evidence in a document, and rules 35.3 and 35.4 for the procedure where a party objects to the introduction of evidence of bad character.
A direction about the giving of evidence may be made on an application to which Part 29 applies (measures to assist a witness or defendant to give evidence).]
; and
d
in rule 37.14 (Duty of justices’ legal adviser), for paragraph (2) substitute —
2
A justices’ legal adviser must —
a
before the hearing begins, by reference to what is provided for the court under rule 37.12 draw the court’s attention to —
i
what the prosecutor alleges,
ii
what the parties say is agreed,
iii
what the parties say is in dispute, and
iv
what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;
b
whenever necessary, give the court legal advice and —
i
if necessary, attend the members of the court outside the courtroom to give such advice, but
ii
inform the parties of any such advice given outside the courtroom; and
c
assist the court, where appropriate, in the formulation of its reasons and the recording of those reasons.
.
10
In Part 42 (Sentencing procedures in special cases) —
a
in the table of contents —
i
for the first entry in the first column substitute ‘Reasons for not following usual sentencing requirements’,
ii
after the last entry in the first column insert ‘Application to review sentence because of assistance given or withheld’, and
iii
after the last entry in the second column insert ‘rule 42.11’;
b
in rule 42.1 (Reasons for deciding not to follow a guideline or make an order) —
i
for the heading to the rule substitute ‘Reasons for not following usual sentencing requirements’,
ii
after paragraph (1)(c) insert —
d
to pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.
,
iii
in paragraph (2), for ‘why it has not done so’ substitute ‘why it has so decided’, and
iv
after paragraph (2) insert —
3
Where paragraph (1)(d) applies, the court must arrange for such an explanation to be given to the defendant and to the prosecutor in writing, if the court thinks that it would not be in the public interest to explain in public.
;
c
in the note to rule 42.1, in the first paragraph, omit ‘and’, in the second place it occurs, and at the end of the paragraph insert ‘ and section 73 of the Serious Organised Crime and Police Act 2005 .’; and
d
after rule 42.10 (Information to be supplied on committal for sentence, etc.) insert —
Application to review sentence because of assistance given or withheld
42.11
1
This rule applies where the Crown Court can reduce or increase a sentence on application by a prosecutor in a case in which —
a
since being sentenced, the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence; or
b
since receiving a reduced sentence for agreeing to give such assistance, the defendant has failed to do so.
2
A prosecutor who wants the court to exercise that power must —
a
apply in writing as soon as practicable after becoming aware of the grounds for doing so;
b
serve the application on —
i
the court officer, and
ii
the defendant; and
c
in the application —
i
explain why the sentence should be reduced, or increased, as appropriate, and
ii
specify any reduction or increase that the applicant proposes.
3
The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.
4
The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).
[Note.Under section 73 of the Serious Organised Crime and Police Act 2005 , the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.
Under section 74 of the 2005 Act , where the Crown Court has sentenced a defendant a prosecutor may apply to the court —
a
to reduce the sentence, if the defendant subsequently assists, or agrees to assist, in the investigation or prosecution of an offence; or
b
to increase a reduced sentence to that which the court otherwise would have passed, if the defendant agreed to give such assistance but subsequently has knowingly failed to do so.
Such an application may be made only where —
a
the defendant is still serving the sentence; and
b
the prosecutor thinks it is in the interests of justice to apply.]
.
11
In rule 61.16 (Change of solicitor), omit paragraphs (4), (5) and (6).
12
In the note to rule 62.5 (Initial procedure on obstruction, disruption, etc.), in the fifth paragraph —
a
for ‘ section 12 of the Access to Justice Act 1999 ’ substitute ‘ sections 14, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ’; and
b
omit ‘ funded by the Legal Services Commission ’.
13
In the note to rule 74.3 (Determination of detention pending appeal, etc.), for the second paragraph substitute —
For the grant of legal aid for proceedings in the Supreme Court, see sections 14, 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
.
14
In Part 76 (Costs) —
a
in rule 76.1 (When this Part applies) —
i
from paragraph (1)(i), omit ‘or’,
ii
at the end of paragraph (1)(j), insert ‘; or’, and
iii
after paragraph (1)(j) insert —
k
Part 1 or 2 of the Extradition Act 2003 .
;
b
in the note to rule 76.1 —
i
from sub-paragraph (r) of the first paragraph, omit ‘or’, and
ii
after sub-paragraph (s) of the first paragraph insert —
t
section 60 or 133 of the Extradition Act 2003 (costs where extradition ordered) for the payment by a defendant of another person’s costs; or
u
section 61 or 134 of the Extradition Act 2003 (costs where discharge ordered) for the payment out of central funds of a defendant’s costs.
;
c
in the note to rule 76.2 (Costs orders: general rules), at the end of the second paragraph insert ‘ See, for example, section 16A of the Prosecution of Offences Act 1985 .’;
d
in rule 76.4 (Costs out of central funds) —
i
in paragraph (2)(b), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’,
ii
for paragraph (6) substitute —
6
If the court makes an order —
a
the court may direct an assessment under, as applicable —
i
Part III of The Costs in Criminal Cases (General) Regulations 1986 , or
ii
Part 3 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008 ;
b
the court may assess the amount itself in a case in which either —
i
the recipient agrees the amount, or
ii
the court decides to allow a lesser sum than that which is reasonably sufficient to compensate the recipient for expenses properly incurred in the proceedings;
c
an order for the payment of a defendant’s costs which includes an amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative, must include a statement to that effect.
; and
iii
after paragraph (6) insert —
7
If the court directs an assessment, the order must specify any restriction on the amount to be paid that the court considers appropriate.
8
If the court assesses the amount itself, it must do so subject to any restriction on the amount to be paid that is imposed by regulations made by the Lord Chancellor.
;
e
in the note to rule 76.4, in the second paragraph —
i
from sub-paragraph (a)(vi) omit ‘or’, in the second place it occurs,
ii
at the end of sub-paragraph (a)(vii) insert ‘, or’, and
iii
after sub-paragraph (a)(vii) insert —
viii
where the defendant is discharged under Part 1 or 2 of the Extradition Act 2003;
,
iv
in the final sentence of sub-paragraph (a) omit ‘and’, in the third place it occurs, and at the end of the sentence insert ‘ and sections 61 and 134 of the Extradition Act 2003 ’, and
v
after sub-paragraph (c) insert —
Where the court makes an order for the payment of a defendant’s costs out of central funds —
a
the general rule is that the order may not require the payment of any amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative (including expert witness costs), but if the defendant is an individual then an order may require payment of such an amount in a case —
i
in a magistrates’ court, including in an extradition case,
ii
in the Crown Court, on appeal from a magistrates’ court, or
iii
in the Court of Appeal, on an appeal against a verdict of not guilty by reason of insanity, or against a finding under the Criminal Procedure (Insanity) Act 1964 , or on an appeal under section 16A of the Criminal Appeal Act 1968 (appeal against order made in cases of insanity or unfitness to plead); and
b
any such amount may not exceed an amount specified by regulations made by the Lord Chancellor.
(See section 16A of the Prosecution of Offences Act 1985 , sections 62A, 62B, 135A and 135B of the Extradition Act 2003 and regulations 4A and 7 of The Costs in Criminal Cases (General) Regulations 1986 .)
;
f
in rule 76.5 (Costs on conviction and sentence) —
i
from paragraph (1)(b), omit ‘or’,
ii
at the end of paragraph (1)(c), insert ‘; or’, and
iii
after paragraph (1)(c) insert —
d
in an extradition case —
i
ordered to be extradited, under Part 1 of the Extradition Act 2003, or
ii
sent for extradition to the Secretary of State, under Part 2 of that Act.
;
g
in the note to rule 76.5, in the first paragraph —
i
from sub-paragraph (a) omit ‘and’,
ii
at the end of sub-paragraph (b) insert ‘, and’, and
iii
after sub-paragraph (b) insert —
c
sections 60 and 133 of the Extradition Act 2003.
;
h
in rule 76.6 (Costs on appeal), in paragraph (2)(b), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’;
i
in rule 76.8 (Costs resulting from unnecessary or improper act, etc.), in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’;
j
in rule 76.9 (Costs against a legal representative) —
i
in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’, and
ii
in paragraph (8)(a)(i), for ‘funded by the Legal Services Commission’ substitute ‘to be met by legal aid’;
k
in the note to rule 76.9, from the first paragraph omit sub-paragraph (d); and
l
in rule 76.10 (Costs against a third party), in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’.
15
In the Glossary at the end of The Criminal Procedure Rules 2012, in the entry for ‘wasted costs order’, omit ‘by the Legal Services Commission’.
16
In the preamble to The Criminal Procedure Rules 2012, in sub-paragraph (b) —
a
in the first column, headed ‘Rule’, after the entry for rule 34.4 insert ‘37.10’; and
b
in the second column, headed ‘Power’, in the corresponding position insert ‘Section 174(4) of the Criminal Justice Act 2003 ’.
Judge, C.J.
Rafferty, L.J.
Thomas, P.
Openshaw, J.
Anna Guggenheim
Martin Picton
Stephen Earl
Nicholas Moss
Richard Chown
Tessa Szagun
Keir Starmer
Patrick Gibbs
Nathaniel Rudolf
Michael Caplan
Paul Harris
James Barker-McCardle
David Kenyon
Matthew Evans
I allow these Rules, which shall come into force on 1st April 2013.
Chris Grayling
Lord Chancellor
11th December 2012 |
The Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2012
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 3(7) of the Public Lending Right Act 1979 :
Citation
1
This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2012.
Commencement of variation
2
The variation of the Public Lending Right Scheme 1982 made by the Secretary of State on 17th December 2012, whereby paragraph (1)(a) of article 46 was varied by substituting “6.20p” for “6.05p”, comes into force on 9th January 2013.
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
17th December 2012 |
The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012
Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946 , section 112 of the Saint Helena Act 1833 , the British Settlements Acts 1887 and 1945 , and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement, extent and revocation
1
1
This Order may be cited as the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012.
2
It comes into force on 9th January 2013.
3
It extends to the territories listed in Schedule 1.
4
The North Korea (United Nations Measures) (Overseas Territories) Order 2006 is revoked.
Application of the Order
2
1
This Order applies to —
a
any person in the Territory,
b
any person elsewhere who is —
i
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory, or
ii
a body incorporated or constituted under the law of any part of the Territory, and
c
any person onboard a ship or aircraft that is registered in the Territory.
2
Article 7(3), 7(5) and paragraph 3 of Schedule 2 also apply to any relevant person mentioned in those provisions (and for this purpose “relevant person” has the meaning given in article 7(7) and (8)).
3
Article 17 applies to —
a
the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 3,
b
the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 4, and
c
St Helena, Ascension and Tristan da Cunha as set out in Schedule 5.
4
Article 18 applies to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 3.
5
In the application of this Order to any territory listed in Schedule 1, the expression “the Territory” in this Order means that territory.
Interpretation
3
1
In this Order, unless otherwise provided —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“assistance” means any form of assistance, including advice, training, technical assistance, financing and financial assistance, investment services, brokering services or other services, and the transfer of financial resources and services;
“brokering services” means —
the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country, or
the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator of the aircraft, or, if there is no operator, the person who is for the time being the pilot in command of the aircraft;
“the Council Regulation” means Council Regulation ( EU ) No. 329/2007 adopted by the Council of the European Union on 27th March 2007 concerning restrictive measures in respect of North Korea;
“designated person” means any person, entity or body listed in Annex IV or V 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 references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“export” includes shipment as stores;
“exportation” in relation to any ship or aircraft, includes taking the ship or aircraft out of the Territory, whether or not it is conveying goods or passengers or moving under its own power, and cognate expressions are to be construed accordingly;
“financing and financial assistance”, in relation to the provision of assistance related to restricted goods, includes in particular grants, loans and export credit insurance for any sale, supply, transfer or export of restricted goods;
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments,
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations,
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts,
interest, dividends or other income on or value accruing from or generated by assets,
credit, rights of set-off, guarantees, performance bonds or other financial commitments,
letters of credit, bills of lading and bills of sale,
documents providing evidence of an interest in funds or financial resources, or
any other instrument of export financing;
“goods” includes items, materials and equipment;
“Governor” means the Governor or other officer administering the Government of the Territory;
“insurance” means an undertaking or commitment where a natural or legal person is obliged, in return for a payment, to provide another person, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;
“luxury goods” means luxury goods listed in Annex III to the Council Regulation;
“master”, in relation to a ship, includes any persons for the time being in charge of the ship;
“North Korea” means the Democratic People’s Republic of Korea;
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner is not the operator, means the operator and any person to whom it is chartered;
“person” means any natural or legal person, entity or body;
“relevant institution” means —
any person who may lawfully accept deposits in or from within the Territory by way of business, or
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means —
the goods, software and technology specified in Schedule 2 to the Export Control Order 2008 ,
so far as not covered by paragraph (a), the goods, software and technology specified in the Common Military List of the European Union as amended from time to time, and
the goods, software and technology listed in Annexes I and Ia to the Council Regulation;
“ship” includes every description of vessel used in navigation;
“ship supply services” means the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried in them;
“technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
“the Territory” has the meaning given in article 2(5);
“transfer” in relation to funds means —
any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, regardless of whether the payer and the payee are the same person, or
any transaction by non-electronic means such as in cash, cheques or accountancy orders, with a view to making funds available to a payee regardless of whether the payer and payee are the same person;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given by section 22 of the Financial Services and Markets Act 2000 , taken with Schedule 2 to that Act and any order under section 22 of that Act, and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold himself or herself out as accepting deposits on a day to day basis, and
ii
any deposits which the person accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
An expression used both in this Order and in the Council Regulation has the meaning given in the Council Regulation.
5
A reference in this Order to any enactment (including legislation of the European Union) or statutory instrument is to be construed as a reference to that enactment or instrument as amended from time to time.
PART 1 Freezing funds etc.
Dealing with funds and economic resources
4
1
It is an offence for a person (“P”), including the designated person, to deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person 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 a 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, use to obtain funds, goods or services in any way, including by selling, hiring or mortgaging the resources.
3
It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that —
a
P is making the funds or economic resources so available, and
b
in the case of economic resources, the designated person would be likely to exchange them, or use them in exchange, for funds, goods or services.
4
It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) 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 or economic resources so available.
5
For the purposes of paragraph (4) —
a
funds or economic resources are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the funds or economic resources, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
6
No liability arises for any person concerned in the freezing of funds or economic resources in accordance with this article unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.
7
This article is subject to articles 5 and 11.
Credits to a frozen account
5
1
Nothing in article 4 prevents a person from 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
Nothing in article 4 prevents a relevant institution from crediting a frozen account where it receives funds transferred to the account.
Information relating to funds etc.
6
1
The Governor must take such steps as the Governor considers appropriate to cooperate with any international investigation relating to the funds, economic resources or financial transactions of —
a
a designated person,
b
a person owned or controlled by a designated person, or
c
a person acting on behalf of, or at the direction of, a designated person.
2
A relevant institution must inform the Governor as soon as practicable if it knows or suspects that a customer —
a
is a designated person, or
b
has committed an offence under article 4 or 11(10).
3
When informing the Governor under paragraph (2), the relevant institution must state —
a
the information or other matter on which the knowledge or suspicion is based,
b
any information it holds about the customer by which the customer can be identified, and
c
if the customer is a designated person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for the customer since the customer first became a designated person.
4
A relevant institution must inform the Governor as soon as practicable if it credits a frozen account in accordance with article 5(1)(b) or (2).
5
It is an offence for a relevant institution to fail to comply with a requirement of paragraph (2), (3) or (4).
6
Anything done by a relevant institution in accordance with this article is not to be treated as a breach of any restriction imposed by statute or otherwise.
7
For the purposes of this article, “customer”, in relation to a relevant institution, includes —
a
a person who is or has been a customer of the institution at any time since the coming into force of this Order, or
b
a person with whom the institution has had dealings in the course of its business since the coming into force of this Order.
PART 2 Restricted goods etc.
Providing, obtaining or carrying restricted goods or luxury goods
7
1
It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) restricted goods —
a
to any person in North Korea, or
b
for use in North Korea.
2
It is an offence for a person to knowingly obtain restricted goods from North Korea, regardless of whether the goods originated in North Korea.
3
It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (6) for the carriage of restricted goods if the carriage is, or forms part of, carriage —
a
from any place outside North Korea to any destination in North Korea, or
b
from any place in North Korea to any destination outside North Korea.
4
It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) luxury goods —
a
to any person in North Korea, or
b
for use in North Korea.
5
It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (6) for the carriage of luxury goods if the carriage is, or forms part of, carriage from any place outside North Korea to any destination in North Korea.
6
The following fall within this paragraph —
a
a ship, aircraft or vehicle within the Territory,
b
a ship or aircraft registered in the Territory, or
c
any other ship or aircraft that is for the time being chartered to a person mentioned in article 2(1)(a) or (b).
7
A “relevant person”, in relation to a ship, aircraft or vehicle falling within paragraph (6)(a) or (b), means —
a
the owner or master of the ship,
b
the charterer, operator or commander of the aircraft, or
c
the driver or operator of the vehicle.
8
A “relevant person”, in relation to a ship or aircraft falling within paragraph (6)(c) means —
a
the charterer of the ship or aircraft, or
b
the master of the ship, or operator of the aircraft, if the master or operator is a person mentioned in article 2(1)(a) or (b).
9
Paragraphs (3) and (5) are without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
10
Schedule 2 (which contains provision about customs powers and investigations in relation to offences under this article) has effect.
11
This article is subject to article 11.
Providing assistance related to restricted goods
8
1
It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of restricted goods —
a
to any person in North Korea, or
b
for use in North Korea.
2
It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of restricted goods —
a
by any person in North Korea, or
b
for use in North Korea.
3
This article is subject to article 11.
Obtaining assistance related to restricted goods
9
1
It is an offence for a person to knowingly obtain (directly or indirectly) assistance relating to the sale, supply, transfer or export of restricted goods —
a
from any person in North Korea, or
b
for use in North Korea.
2
It is an offence for a person to knowingly obtain (directly or indirectly) assistance relating to the maintenance, manufacture or use of restricted goods —
a
from any person in North Korea, or
b
for use in North Korea
3
This article is subject to article 11.
Providing ship supply services
10
1
It is an offence for a person (“P”) to provide ship supply services to any ship registered in North Korea where P knows, or has reasonable grounds to suspect, that the ship is carrying restricted goods or luxury goods the carriage of which is prohibited by article 7(3) or (5).
2
No offence is committed under paragraph (1) if the provision of ship supply services is necessary for humanitarian purposes.
PART 3 General
Licences granted by the Governor
11
1
The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 4 or 7 to 9.
2
A person is not guilty of an offence under article 4 or 7 to 9 in respect of anything done by the person under the authority of a licence granted by the Governor.
3
A licence may, in particular, relate to —
a
Non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the European Union and its member States in North Korea;
b
payment of basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
c
payment of reasonable professional fees and expenses associated with the provision of legal services;
d
payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
e
payment of necessary extraordinary expenses;
f
satisfaction of a judicial, administrative or arbitral lien or judgment entered into prior to the date on which this Order comes into force and not for the benefit of a designated person.
4
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, and
c
of indefinite duration or subject to an expiry date.
5
The Governor may, with the consent of the Secretary of State, vary or revoke a licence at any time.
6
On the grant, variation or revocation of a licence, the Governor 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, and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the grant, variation or revocation of the licence.
7
Any notice to be given to a person by the Governor under paragraph (6) 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 in the Territory of the body or partnership.
8
Where the Governor does not have an address in the Territory for the person, the Governor must make arrangements for the notice to be given to the person at the first available opportunity.
9
Failing to comply with any condition in the licence is acting in a way that is not authorised by the licence unless —
a
the licence was modified after the completion of the act authorised by the licence, and
b
the alleged failure to comply with a condition in the licence would not have been a failure if the licence had not been so modified.
10
It is an offence for a person to knowingly or recklessly make any statement or give any document or information which is false in a material particular for the purpose of obtaining a licence.
11
A licence granted in connection with the application for which the false statement was made or the false document or information given is void from the time it was granted.
Licences granted outside the Territory
12
A person is not guilty of an offence under article 4 or 7 to 10 in respect of anything done by the person —
a
outside the Territory, and
b
under the authority of a licence granted in accordance with any provisions of the law in force in the place where it is done corresponding to the provisions of this Order.
Requirement to publish list of designated persons and restricted goods
13
1
The Governor must —
a
publish a list of designated persons and restricted goods, and
b
keep the list up to date.
2
The Governor may publish a list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.
Evidence and information
14
Schedule 6 (which contains further provisions about obtaining evidence and information) has effect.
Functions of the Governor
15
1
The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s functions under this Order to any person, or class or description of persons.
2
References in this Order to the Governor are to be construed accordingly.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Circumvention and contravention of prohibitions
16
It is an offence for a person to intentionally participate in an activity, knowing that the object or effect of the activity is (directly or indirectly) —
a
to circumvent any of the prohibitions in articles 4 or 7 to 10, or
b
to enable or facilitate the contravention of any such prohibition.
Penalties
17
1
A person guilty of an offence under article 4, 7, 8, 9, 10 or 16 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under article 6 or 11(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2, or paragraph 3(b), (c) or (d) of Schedule 6 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2, or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly.
Proceedings
18
1
Proceedings against a person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
2
Summary proceedings for an offence alleged to have been committed outside the Territory may be instituted within the period of 12 months beginning with the date on which the person charged first enters the Territory after committing the offence.
3
Proceedings for an offence must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.
4
Nothing in paragraph (3) prevents —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
5
A reference in this article to an offence is to an offence under this Order.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1
Territories to which this Order extends
Article 1(3)
Anguilla
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2
Customs powers and investigations
Article 7
Power to demand evidence of destination of restricted goods or luxury goods
1
1
An authorised officer may require a person who exports or carries restricted goods or luxury goods from the Territory to provide proof to the officer’s satisfaction that the goods have reached an authorised destination.
2
For the purposes of sub-paragraph (1), “an authorised destination” means a destination to which the exportation or carriage of the goods is —
a
authorised by a licence granted by the Governor under article 11, or
b
not otherwise prohibited under this Order.
3
It is an offence for a person (“P”) to fail to comply with a requirement under sub-paragraph (1), unless P proves that the goods reached a destination other than an authorised destination without P’s consent or connivance.
Requirement for declaration as to carriage of restricted goods or luxury goods: power to search persons
2
1
An authorised officer may require a person who is about to leave the Territory (“P”) to —
a
declare whether P is carrying restricted goods or luxury goods destined for North Korea or for delivery (directly or indirectly) to, or to the order of, any person in North Korea, and
b
produce any such goods that P is carrying.
2
It is an offence for P to —
a
fail without reasonable excuse to comply with a requirement under sub-paragraph (1), or
b
knowingly or recklessly make a declaration which is false in a material particular.
3
An authorised officer may search P for the purpose of finding out whether P is carrying restricted goods or luxury goods.
4
A search under sub-paragraph (3) must be carried out by a person of the same sex as P.
5
It is an offence for P to fail without reasonable excuse to comply with a request to be searched under sub-paragraph (3).
Investigation of suspected ships, aircraft or vehicles
3
1
Where an authorised officer reasonably suspects that a ship, aircraft or vehicle has been, is being, or is about to be used in the commission of an offence under article 7(3) or (5), the officer may —
a
stop and enter it;
b
search it;
c
require the relevant person to provide such information relating to the ship, aircraft or vehicle and any goods it is carrying, and produce for inspection such documents and goods, as the officer may specify;
d
in relation to a ship, require the relevant person to do anything mentioned in sub-paragraph (2);
e
in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory until notified by an authorised officer that it may depart.
2
Further to sub-paragraph (1)(d), the officer may require the relevant person to do any of the following —
a
stop the ship from proceeding with the voyage on which it is engaged, or about to engage, until notified by an authorised officer that it may proceed;
b
not land any part of the ship’s cargo at any port specified by the officer, except with the officer’s consent;
c
if the ship is in port in the Territory, cause it to remain there until notified by an authorised officer that it may depart;
d
if the ship is in any other place, take it to a port specified by the officer and keep it there until notified by an authorised officer that it may depart.
3
The officer may take such steps as appear necessary to carry out a search under sub-paragraph (1)(b), or secure compliance with a requirement under sub-paragraph (1)(c), (d) or (e), including in particular —
a
entering any land,
b
using reasonable force, and
c
detaining the ship, aircraft or vehicle and any goods it is carrying.
4
The officer may seize any restricted goods or luxury goods from the ship, aircraft or vehicle.
5
Any restricted goods or luxury goods seized may be forfeited, disposed of or transferred as appropriate.
6
It is an offence for a relevant person to —
a
fail without reasonable excuse to comply with a requirement under sub-paragraph (1)(c), (d) or (e),
b
knowingly or recklessly provide information or a document which is false in a material particular in response to a requirement under sub-paragraph (1)(c), or
c
otherwise intentionally obstruct an authorised officer, or a person acting under the officer’s authority, in the exercise of any power conferred by this paragraph.
Exercise of customs powers: general
4
1
Any power exercisable by an authorised officer under this Schedule may be exercised by a person acting under the officer’s authority.
2
An authorised officer, or a person acting under the officer’s authority, must, if requested to do so, produce evidence of his or her authority before exercising any power conferred by this Schedule.
3
Any power conferred by this Schedule to require information, or produce for inspection a document or goods, includes a power to specify the form in which the information or document should be given, and the period within which the information, document or goods should be provided or produced for inspection.
4
An authorised officer may exercise any power conferred by paragraph 3 in relation to —
a
any ship within the seaward limits of the territorial sea of the Territory,
b
a ship registered in the Territory while it is on the high seas, or
c
any aircraft or vehicle in the Territory.
5
But a power conferred by paragraph 3 may not be exercised in relation to a ship falling within sub-paragraph (6) unless —
a
in the case of a ship falling only within sub-paragraph (6)(a), the Territory is entitled under international law to exercise the power without the consent of the flag state, or
b
in any other case, the Governor, with the consent of the Secretary of State, has authorised the exercise of the power.
6
A ship falls within this sub-paragraph if it is —
a
a ship flying the flag of, or registered in, a State or territory other than the Territory,
b
a warship that belongs to a government of a State or territory other than the Territory, or
c
any other ship that is being used by such a government only for non-commercial purposes.
7
The Governor may authorise the exercise of a power under sub-paragraph (5)(b) only if the flag state has consented to the Territory exercising the power (whether generally or in relation to the ship in question).
8
In giving such authority, the Governor must impose such conditions or limitations on the exercise of the power as are necessary to give effect to any conditions or limitations imposed by the flag state.
9
This Schedule is without prejudice to any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.
Interpretation
5
In this Schedule —
“authorised officer” means —
a commissioned naval or military officer,
a police or customs officer, or
a person authorised by the Governor for the purposes of this Schedule, whether generally or in a particular case;
“high seas” means seas that are not within the seaward limits of —
the territorial sea of the Territory, or
the territorial sea adjacent to a State or territory outside the Territory;
“relevant person” has the meaning given in article 7(7) and (8).
SCHEDULE 3
Application of Articles 17 and 18 to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Article 2
1
A person guilty of an offence under article 4, 7, 8, 9, 10 or 16 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
A person guilty of an offence under article 6 or 11(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2, or paragraph 3(b), (c) or (d) of Schedule 6 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2 or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on conviction to a fine not exceeding £5,000 or its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
Proceedings against a person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
Proceedings for an offence under this Order must not be instituted in the Territory except with the consent of the Attorney General and Legal Adviser.
8
Nothing in paragraph 7 prevents —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
SCHEDULE 4
Application of Article 17 to the Falkland Islands and to South Georgia and the South Sandwich Islands
Article 2
1
This Schedule applies when the Magistrates’ Court is sentencing a person following a summary conviction for an offence under this Order.
2
Any penalties which would be available to the Magistrates’ Court under article 17 on conviction on indictment for the offence are available to the Court as if they were penalties so available on summary conviction.
SCHEDULE 5
Application of Article 17 to St Helena, Ascension and Tristan da Cunha
Article 2
1
A person guilty of an offence under article 4, 7, 8, 9, 10 or 16 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
A person guilty of an offence under article 6 or 11(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2 or paragraph 3(b), (c) or (d) of Schedule 6 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2 or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on conviction to a fine not exceeding £5,000 or to its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
SCHEDULE 6
Evidence and information
Article 14
Power to require information or documents
1
1
An authorised officer may request any person in, or resident in, the Territory to provide any information or produce any document in the person’s possession or control which the officer may require for the purpose of —
a
securing compliance with, or detecting evasion of, this Order,
b
obtaining evidence of the commission of an offence under this Order,
c
establishing the nature and amount or quantity of any funds or economic resources owned, held or controlled by a designated person,
d
establishing the nature of any financial transactions entered into by a designated person, or
e
cooperating with any international investigation in accordance with article 6(1).
2
When exercising the power in sub-paragraph (1), an authorised officer 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, request any person who is a present or past officer or employee of the body corporate to give such an explanation.
3
Any person to whom a request is made must comply with it within such time and in such manner as may be specified in the request.
4
Nothing in this paragraph is to be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged information or document in the person’s possession in that capacity.
Powers of search and entry to obtain evidence or information
2
1
A justice of the peace may grant a search warrant if satisfied by information on oath that —
a
there are reasonable grounds for suspecting that —
i
an offence under this Order has been or is being committed, or
ii
information or a document requested by an authorised officer under paragraph 1 has not been provided or produced; and
b
evidence of the commission of the offence, or the information or document so requested, is to be found on a ship, aircraft, vehicle or premises specified in the information.
2
A search warrant issued under this paragraph is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.
3
An authorised officer who enters and searches a ship, aircraft, vehicle or premises under a warrant issued under this paragraph may —
a
take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the officer to be necessary;
b
inspect and seize anything found in the course of a search if the officer reasonably suspects that —
i
it is evidence in relation to an offence under this Order,
ii
it is information or a document requested (but not provided or produced) under paragraph 1, or
iii
it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;
c
take copies of any document;
d
require information which is stored in an electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form).
4
An authorised officer may, if necessary, use reasonable force in the exercise of the powers conferred by this paragraph.
5
Anything seized under sub-paragraph (3) may be retained for so long as is necessary in all the circumstances.
6
An authorised officer who enters a ship, aircraft, vehicle or premises under a warrant issued under this paragraph, or by virtue of sub-paragraph (3)(a), may —
a
search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to believe to be in possession of anything which may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and
b
seize anything found in such a search.
7
A search of a person under sub-paragraph (6) must be carried out by a person of the same sex.
8
The powers in this paragraph are without prejudice to the powers in paragraph 3 of Schedule 2.
Offences relating to information etc.
3
It is an offence for a person to —
a
without reasonable excuse, refuse or fail 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 give any information, or produce any document, which is false in a material particular in response to such a request,
c
destroy, mutilate, deface, conceal or remove any document with intent to evade the provisions of this Schedule, or
d
otherwise intentionally obstruct any person in the exercise of that person’s powers under this Schedule.
4
Where a person is convicted of an offence under paragraph 3(a), the court may make an order requiring the person, within such period as may be specified in the order, to give the requested information or produce the requested document.
5
1
It is an offence for a person to disclose information or a document obtained in accordance with this Order (including a copy or extract made of such a document) except —
a
to a person who would have been authorised to request the information or document under this Order;
b
to a 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 Government of the Isle of Man,
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark,
iv
the States of Jersey, or
v
the Government of any British overseas territory;
c
for the purpose of giving assistance or cooperation, with the authority of the Governor, to —
i
any organ of the United Nations, or
ii
any person in the service of the United Nations, the Council of the European Union, the European Commission or the government of any State or territory;
d
with a view to instituting, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order, or
ii
in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory (other than the Territory), for an offence under a similar provision in any such jurisdiction;
e
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other State or territory for regulating and supervising financial services business; or
f
to any third party, with the consent of a person who, in the person’s own right, is entitled to the information or to possession of the document, copy or extract.
2
In sub-paragraph (1)(f) “in the person’s own right” means not merely in the person’s capacity as a servant or agent of another person.
6
An authorised officer must, if requested to do so, produce evidence of his or her authority before exercising any power conferred by this Schedule.
7
In this Schedule “authorised officer” means —
a
a police or customs officer, or
b
a person authorised by the Governor for the purposes of this Schedule, whether generally or in a particular case.
8
Anything done in accordance with this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise. |
The Child Support Maintenance Calculation Regulations 2012
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2) and (2A) of that Act .
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Child Support Maintenance Calculation Regulations 2012 and come into force in relation to a particular case on the day on which paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008 (calculation by reference to gross weekly income) comes into force in relation to that type of case.
Interpretation
2
In these Regulations —
“the 1991 Act ” means the Child Support Act 1991;
“contributory employment and support allowance” means an allowance to which a person is entitled under section 1(2)(a) of the Welfare Reform Act 2007 ;
“capped amount” means the figure specified in paragraph 10(3) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of Schedule 1 to the 1991 Act );
“couple” has the meaning given by paragraph 10C(5) of Schedule 1 to the 1991 Act;
“current income” has the meaning given in regulation 37;
“the flat rate” means the flat rate of child support maintenance payable under paragraph 4 of Schedule 1 to the 1991 Act;
“gross weekly income” means income calculated under Chapter 1 of Part 4;
“historic income ” has the meaning given in regulation 35;
“ HMRC ” means Her Majesty’s Revenue and Customs;
“the HMRC figure” has the meaning given in regulation 36;
“income support” means support to which a person is entitled under section 124 of the Social Security Contributions and Benefits Act 1992 ;
“initial effective date” has the meaning given in regulation 12;
“ ITEPA ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“ ITTOIA ” means the Income Tax (Trading and Other Income) Act 2005 ;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 2004 ;
“the nil rate” means the nil rate of child support maintenance payable under paragraph 5 of Schedule 1 to the 1991 Act;
“partner” has the meaning given by paragraph 10C(4) of Schedule 1 to the 1991 Act;
“party”, in relation to a maintenance calculation in force or an application for a maintenance calculation, means the non-resident parent, the person with care and, in the case of an application by a child under section 7 of the 1991 Act or a maintenance calculation made in response to such an application, the child in question;
“the PAYE Regulations ” means the Income Tax (Pay As You Earn) Regulations 2003 ;
“qualifying lender” has the meaning given to it in section 376(4) of the Income and Corporation Taxes Act 1988 ;
“the reduced rate” means the reduced rate of child support maintenance payable under paragraph 3 of Schedule 1 to the 1991 Act;
“relievable pension contributions” has the meaning given by section 188(2) of the Finance Act 2004;
“review date” has the meaning given in regulation 19;
“self-assessment return” means a return which an individual is required to make and deliver under section 8 of the Taxes Management Act 1970 ;
“supersession decision” means a decision made under section 17 of the 1991 Act superseding a decision mentioned in subsection (1) of that section;
“state pension credit” means the benefit payable in accordance with section 1 (entitlement) of the State Pension Credit Act 2002 ;
“tax year” has the meaning given by section 4 of the Income Tax Act 2007 ;
“ Tribunal Procedure Rules ” means the Tribunal Procedure (First-tier Tribunal) (Social (Entitlement Chamber) Rules 2008 ; and
“ UK social security pension” means a pension to which section 577 of ITEPA applies .
Meaning of “calculation decision”
3
In these Regulations “calculation decision” means a decision of the Secretary of State under section 11 (the maintenance calculation), section 16 (revision) or section 17 (supersession) of the 1991 Act determining the amount of child support maintenance to be fixed in accordance with Part 1 of Schedule 1 to that Act.
Meaning of “latest available tax year”
4
1
In these Regulations “latest available tax year” means the tax year which, on the date on which the Secretary of State requests information from HMRC for the purposes of regulation 35 (historic income) or regulation 69 (non-resident parent with unearned income), is the most recent relevant tax year for which HMRC have received the information required to be provided in relation to the non-resident parent under the PAYE Regulations or in a self-assessment return.
2
In this regulation a “relevant tax year” is any one of the 6 tax years immediately preceding the date of the request for information referred to in paragraph (1).
Calculation – information applicable
5
Information required for the purposes of making a calculation decision or a decision in relation to an application for a variation is the information applicable at the date from which that decision (assuming that the decision was a decision to make or amend a maintenance calculation) would have effect.
Rounding
6
Where a calculation decision or a decision in relation to an application for a variation results in a fraction of a penny, that is to be treated as a penny if it is either one half or exceeds one half, and otherwise it is to be disregarded.
Service of documents
7
1
Where any document is given or sent to the Secretary of State, that document is to be treated as having been given or sent on the date of receipt by the Secretary of State.
2
Where the Secretary of State sends any written notification or any document by post to a person’s last known or notified address that document is treated as having been given or sent on the second day following the day on which it is posted.
Authorisation of representative
8
1
A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on their behalf and to act on their behalf in relation to the making of applications and the supply of information under any provision of the 1991 Act or these Regulations.
2
Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, that person must confirm the authorisation in writing to the Secretary of State.
PART 2 APPLICATION FOR A MAINTENANCE CALCULATION
Applications under section 4 or 7 of the 1991 Act
9
1
The Secretary of State may determine the form in which an application for a maintenance calculation is to be made and may require the applicant to provide such information or evidence as the Secretary of State reasonably requires in order to process the application (including, in the case of an application by a person with care, information sufficient to enable the person named as the non-resident parent to be identified).
2
The application is to be taken to have been made when the application has been submitted to the Secretary of State in the required form and the information required under paragraph (1) has been provided.
Multiple applications
10
1
Where two or more applications for a maintenance calculation are made with respect to the same child the Secretary of State may determine which to proceed with.
2
In making a determination under paragraph (1) the Secretary of State must have regard to the following order of priority —
a
an application by a person with care or a non-resident parent has priority over an application by a child under section 7 of the 1991 Act ;
b
otherwise an earlier application has priority over one made later.
3
Where —
a
in relation to an application under section 4 or 7 of the 1991 Act , both parents of a qualifying child are named as non-resident parents; or
b
an application is made under section 4 of that Act by both non-resident parents of a qualifying child,
the Secretary of State must proceed with the application in relation to each non-resident parent, treating it as a single application for a maintenance calculation in respect of that qualifying child.
Notice of application
11
1
Where an application has been made under section 4 or 7 of the 1991 Act the Secretary of State must, as soon as reasonably practicable, give written notice to the non-resident parent —
a
requesting such information as the Secretary of State may require to make the maintenance calculation; and
b
where relevant, advising the non-resident parent of the power of the Secretary of State to make an estimate of income or a default maintenance decision.
2
The notice must be sent by post to the last known address of the non-resident parent.
PART 3 DECISION MAKING
CHAPTER 1
MAKING THE MAINTENANCE CALCULATION
Initial effective date
12
The effective date of a decision under section 11 of the 1991 Act (“the initial effective date”) is the date on which notice is given to the non-resident parent in accordance with regulation 11.
Effect of variation applied for before a maintenance calculation is made
13
1
Subject to paragraph (2), where an application for a variation is made in the circumstances referred to in section 28A(3) of the 1991 Act (that is before the Secretary of State has reached a decision under section 11 or 12(1) of the Act) and the application is agreed to, the effective date of the maintenance calculation which takes account of the variation is —
a
where the ground giving rise to the variation existed from the initial effective date, that date; or
b
where the ground giving rise to the variation arose after the initial effective date, the day on which the ground arose.
2
Where —
a
the ground for the variation applied for under section 28A(3) of the 1991 Act is a ground in regulation 65 (prior debts) or 67 (payments in respect of certain mortgages, loans or insurance policies), and
b
payments falling within the relevant regulation which have been made by the non-resident parent constitute voluntary payments for the purposes of section 28J of that Act (voluntary payments) and regulations made under that section,
the date from which the maintenance calculation is to take account of the variation on this ground is to be the date on which the non-resident parent is notified under regulation 25 (notification of a maintenance calculation) of the amount of their liability to pay child support maintenance.
3
Where the ground for the variation applied for under section 28A(3) of the 1991 Act has ceased to exist by the date on which the maintenance calculation is made, that calculation is to take account of the variation for the period ending on the day on which the ground ceased to exist.
CHAPTER 2
REVISION
Grounds for revision
14
1
A decision to which section 16(1A) of the 1991 Act applies may be revised by the Secretary of State —
a
if the Secretary of State receives an application for the revision of a decision either —
i
under section 16 of that Act, or
ii
by way of application under section 28G of that Act (application for a variation where a maintenance calculation is in force),
within 30 days after the date of notification of the decision or within such longer time as may be allowed under regulation 15;
b
if the Secretary of State is satisfied that the decision was wrong due to a misrepresentation of, or failure to disclose, a material fact and that decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for the wrongness of the decision;
c
if an appeal is made under section 20 of the 1991 Act (appeals to First-tier Tribunal) against a decision within the time limit prescribed by the Tribunal Procedure Rules but that appeal has not been determined;
d
if the Secretary of State commences action leading to the revision of the decision within 30 days after the date of notification of the decision;
e
if the decision arose from official error;
f
if the information held by HMRC in relation to a tax year in respect of which the Secretary of State has determined historic income for the purposes of regulation 35, or unearned income for the purposes of regulation 69, has since been amended; or
g
if the ground for revision is that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.
2
A decision may not be revised because of a change of circumstances that occurred since the decision had effect or is expected to occur.
3
An interim maintenance decision or default maintenance decision made under section 12 of the 1991 Act may be revised at any time.
4
In paragraph (1)(e) “official error” means an error made by an officer of the Department for Work and Pensions or HMRC acting as such to which no person outside the Department or HMRC materially contributed, but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of the Upper Tribunal or the court.
Late application for a revision
15
1
The time limit for making an application for a revision specified in regulation 14(1)(a) (grounds for revision) may be extended where the conditions specified in the following provisions of this regulation are satisfied.
2
An application for an extension of time must be made by one of the parties or their authorised representative.
3
An application for an extension of time must contain particulars of the grounds on which the extension is sought and must contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.
4
An application for an extension of time may not be granted unless the applicant satisfies the Secretary of State that–
a
it is reasonable to grant the application;
b
the application for revision has merit; and
c
special circumstances are relevant to the application and because of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 14(1)(a).
5
In determining whether it is reasonable to grant an application for an extension of time, the Secretary of State must have regard to the principle that the greater the amount of time that has elapsed between the end of the time specified in regulation 14(1)(a) for applying for a revision and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
6
In determining whether it is reasonable to grant the application for an extension of time, no account shall be taken of the following–
a
that the applicant, or any person acting for the applicant, was unaware of or misunderstood the law applicable to the case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.
7
An application under this regulation for an extension of time which has been refused may not be renewed.
Effective date of a revision
16
Where a decision is revised and the date from which the original decision took effect is found to be wrong, the decision as revised takes effect from the date on which the original decision would have taken effect had the error not been made.
CHAPTER 3
SUPERSESSION
Grounds for supersession
17
1
A decision mentioned in section 17(1) of the 1991 Act may be superseded by a decision of the Secretary of State, on an application or on the Secretary of State’s own initiative, where —
a
there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;
b
the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
c
the decision was wrong in law (unless it was a decision made on appeal).
2
The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the 1991 Act or where the Secretary of State no longer has jurisdiction by virtue of section 44 of that Act.
3
A decision may be superseded by a decision made by the Secretary of State where the Secretary of State receives an application for the supersession of a decision by way of an application under section 28G of the 1991 Act (application for a variation where a maintenance calculation is in force).
4
A decision may not be superseded in circumstances where it may be revised.
5
A decision to refuse an application for a maintenance calculation may not be superseded.
6
In making a supersession decision under section 17(1) of the 1991 Act, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause the decision to be made on the Secretary of State’s own initiative.
7
This regulation is subject to any provision in Chapter 4 of this Part (updating gross weekly income) relating to the circumstances in which a supersession decision may be made.
Effective dates for supersession decisions
18
1
This regulation sets out cases and circumstances in which a supersession decision takes effect on a date other than the date mentioned in section 17(4) of the 1991 Act .
2
Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the date on which that change or that ground is expected to occur.
3
Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the date on which the change occurred —
a
a child ceases to be a qualifying child, a relevant other child, or a child supported under another arrangement;
b
the person with care dies or ceases to be a person with care in relation to a qualifying child;
c
the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom;
d
the non-resident parent begins or ceases to receive a benefit mentioned in regulation 44(1) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 44(2).
4
Where the ground for the supersession decision is that a relevant change of circumstances affecting the non-resident parent’s current income has occurred and the non-resident parent was required to report that change in accordance with regulations under section 14(1) of the 1991 Act, the decision takes effect from the date on which the change occurred.
5
Where the ground for the supersession decision is that there is a new qualifying child in relation to the non-resident parent, the decision takes effect from the date which would be the initial effective date in relation to an application under section 4 or 7 of the 1991 Act in relation to that child if there were no maintenance calculation already in force.
6
Where paragraphs (2) to (5) do not apply —
a
if the supersession decision is made on an application by one of the parties, the decision takes effect from the date of the application;
b
if the supersession decision is made on the Secretary of State’s own initiative on the basis of information provided by a third party, the decision takes effect from the date on which that information is provided; and
c
if the supersession decision is made on the Secretary of State’s own initiative, and sub-paragraph (b) does not apply, the decision takes effect from the date on which it is made.
7
In paragraph (3) —
a
the reference to a child supported under another arrangement is to a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1 to the 1991 Act or a child mentioned in regulation 52 (non-resident parent liable to maintain a child of the family or a child abroad); and
b
the reference to the date on which a person begins or ceases to receive a benefit is to the date on which entitlement to the benefit commences or ceases.
8
This regulation is subject to any provision in Chapter 4 of this Part (updating gross weekly income) relating to the date from which a supersession decision made under that Chapter takes effect.
CHAPTER 4
UPDATING GROSS WEEKLY INCOME
Setting the review date
19
1
The Secretary of State must, in relation to each application for a maintenance calculation, fix a date at which the non-resident parent’s gross weekly income is to be reviewed by reference to an updated HMRC figure (“the review date”).
2
Subject to paragraph (3), the first review date falls 12 months after the initial effective date and subsequent review dates fall on each anniversary of that date, unless the Secretary of State decides in any particular case or class of case to fix a different date.
3
Where a maintenance calculation is in force and there is a further application in relation to the non-resident parent in respect of a new qualifying child, the review dates are to be aligned so that the first review date in respect of the new application is the next review date for the calculation already in force.
4
Where an application for a maintenance calculation in relation to both non-resident parents of a qualifying child is treated as a single application by virtue of regulation 10(3) (multiple applications) the Secretary of State may fix different review dates in respect of each non-resident parent.
Updating gross weekly income at the review date
20
1
Where an updated figure is provided by HMRC for the latest available tax year in accordance with a request under regulation 35(2)(b) (historic income – general), that figure applies, for the purposes of determining historic income, on and after the review date.
2
If the non-resident parent’s gross weekly income, as calculated in accordance with Chapter 1 of Part 4 by reference to that updated figure, has changed, the Secretary of State may make a supersession decision with effect from the review date.
Updating unearned income at the review date
21
1
This regulation applies where, in relation to a maintenance calculation in force, additional income has been taken into account by virtue of a variation previously agreed to under regulation 69 (non-resident parent with unearned income).
2
When the Secretary of State makes a request to HMRC for the purposes of reviewing the non-resident parent’s gross weekly income in accordance with regulation 20 (updating gross weekly income at the review date) the Secretary of State may also request information relating to the non-resident parent’s unearned income for the latest available tax year and, where appropriate, make a supersession decision on the basis of that information with effect from the review date.
Periodic current income check
22
1
Where —
a
the non-resident parent’s gross weekly income is based on an amount of current income by virtue of regulation 34(2) (the general rule for determining gross weekly income and exceptions to that rule); and
b
no supersession decision changing that amount has been made within the past 11 months,
the Secretary of State may, for the purposes of validating that amount, require evidence of current income to be provided by the non-resident parent.
2
Where the non-resident parent fails to provide evidence as requested under paragraph (1), the Secretary of State may make a supersession decision determining the non-resident parent’s gross weekly income on the basis of historic income.
3
Where the Secretary of State is provided with sufficient information on which to make a new determination of current income, the Secretary of State may make a supersession decision applying the general rule in regulation 34(2).
4
Subject to paragraph (5), a supersession decision under this regulation has effect from the date on which it is made.
5
Where the Secretary of State makes a supersession decision under paragraph (3) and the relevant change of circumstances affecting the non-resident parent’s current income was one that the non-resident parent was required to report in accordance with regulations under section 14(1) of the 1991 Act, the decision takes effect from the date on which the change occurred.
25% tolerance for changes outside annual review or periodic current income check
23
1
This regulation applies where the non-resident parent’s gross weekly income is based on an amount of current income by virtue of regulation 34(2) and, before the next review date, there is a change of circumstances affecting the amount of that current income.
2
No supersession decision giving effect to that change may be made unless the amount of that current income has changed by at least 25%.
3
Paragraph (1) does not prevent a supersession decision that —
a
is made on the Secretary of State’s own initiative under regulation 20 (updating weekly income at the annual review) or regulation 22 (periodic check where current income unchanged for 11 months);
b
is made on the ground mentioned in regulation 17(1)(c) (error of law); or
c
supersedes a decision determining the non-resident parent’s gross weekly income on the basis of regulation 42 (estimate of current income where insufficient information available).
4
Where the condition in paragraph (2) is satisfied, the current income (as changed) is to apply even if it does not differ from historic income by an amount that is at least 25% of historic income.
CHAPTER 5
NOTIFICATION OF DECISIONS
Notification – general
24
1
Notification of a decision made by the Secretary of State under section 11 (maintenance calculation), 12 (default or interim maintenance decision) or 17 (supersession) of the 1991 Act or of any revision of such a decision under section 16 of that Act must be given to the parties in accordance with this Chapter.
2
Any such notification must include information as to the provisions relating to the revision and supersession of, and appeals from, decisions made under the 1991 Act.
Notification of a maintenance calculation
25
1
Notification of a decision made under section 11 or 12(2) of the 1991 Act must set out —
a
the effective date of the maintenance calculation;
b
where relevant, the non-resident parent’s gross weekly income, including —
i
whether that is based on historic income or current income, and
ii
if based on current income, whether that income has been estimated in accordance with regulation 42;
c
the number of qualifying children;
d
the number of relevant other children;
e
the weekly rate;
f
the amounts calculated in accordance with Part 1 of Schedule 1 to the 1991 Act and, where there has been an agreement to a variation or a variation has otherwise been taken into account, Part 5 of these Regulations (Variations);
g
where the weekly rate is adjusted by apportionment or to take account of shared care;
h
where the amount of child support maintenance is decreased —
i
to take account of a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 1 to the 1991 Act; or
ii
in accordance with regulation 52 (non-resident parent liable to maintain a child of the family or a child abroad) or regulation 53 (care provided in part by a local authority).
2
A notification of a maintenance calculation made under section 12(1) of the 1991 Act (default maintenance decision) must set out —
a
the effective date of the maintenance calculation;
b
the default rate;
c
the number of qualifying children on which the rate is based; and
d
whether apportionment has been applied under regulation 49,
and must state the nature of the information required to enable a calculation decision to be made.
3
Except with the written permission of the person concerned, a notice under this regulation must not include —
a
the address of any person other than the recipient of the notice (other than the address of the relevant office of the Secretary of State) or any other information the use of which could reasonably be expected to lead to any such persons being located; and
b
any other information the use of which could reasonably be expected to lead to any person other than the qualifying child or a party to the application being identified.
Notification of a revision or supersession
26
1
A notification of a decision made following the revision or supersession of a decision made under section 11 (the maintenance calculation), 12 (default or interim maintenance decision) or 17 (supersession) of the 1991 Act, whether as originally made or revised under section 16 of that Act, must, subject to the qualification in regulation 25(3), set out the information mentioned in regulation 25(1) and (2) in relation to the decision in question.
2
The requirement in paragraph (1) does not apply where the Secretary of State has decided not to supersede a decision and in that case the Secretary of State must, where appropriate and as far as reasonably practicable, notify the parties of that decision.
Notification of cessation of a maintenance calculation
27
1
Where the Secretary of State decides that a maintenance calculation has ceased or is to cease to have effect, the Secretary of State must immediately notify the non-resident parent and person with care so far as that is reasonably practicable.
2
Where a child under section 7 of the 1991 Act ceases to be a child for the purposes of that Act, the Secretary of State must immediately notify the persons mentioned in paragraph (1) and the other qualifying children with the meaning of section 7(2) of that Act.
CHAPTER 6
MISCELLANEOUS MATTERS RELATING TO APPEALS
Decisions involving issues that arise on appeal in other cases
28
1
For the purposes of section 28ZA(2)(b) of the 1991 Act (prescribed cases and circumstances in which a decision may be made on a prescribed basis) —
a
a case in which there is no maintenance calculation in force is a prescribed case; and
b
the prescribed basis on which the Secretary of State may make the decision is as if —
i
the appeal in relation to the different matter, which is referred to in section 28ZA(1)(b) of that Act had already been determined, and
ii
for the purposes of making that decision, the appeal had been determined in a way that resulted in the lowest possible amount of child support maintenance in the circumstances of that case being payable.
2
The circumstances prescribed under section 28ZA(4)(c) of the 1991 Act (appeal treated as pending against a decision given in a different case even though an appeal against the decision has not been brought or, as the case may be, an application for permission to appeal against the decision has not been made but the time for doing so has not expired) are that the Secretary of State —
a
certifies in writing that an appeal against that decision is being considered; and
b
considers that, if such an appeal were to be determined in a particular way —
i
there would be no liability for child support maintenance, or
ii
such liability would be less than would be the case were an appeal not made.
Child support appeals involving issues that arise in other cases
29
The circumstances prescribed for the purposes of section 28ZB(6)(c) of the 1991 Act (appeals involving issues that arise on appeal in other cases) are where the Secretary of State —
a
certifies in writing that an appeal against the decision in question is being considered; and
b
considers that, if such an appeal were already determined, it would affect the determination of the appeal described in section 28ZB(1)(a) of that Act.
Tribunal decision made pending outcome of a related appeal
30
Where, in accordance with section 28ZB(5) of the 1991 Act (appeals involving issues that arise on appeal in other cases), the Secretary of State makes a decision superseding the decision of the First-tier Tribunal or the Upper Tribunal, the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the court in the appeal referred to in section 28ZB(1)(b) of that Act.
Supersession of tribunal decision made in error due to misrepresentation etc.
31
1
Where —
a
a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and
b
the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal, took or was to take, effect.
Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
32
Any supersession decision made under section 17 of the 1991 Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act (restriction on liability in certain cases of error) takes effect from the date of the relevant determination.
Procedural matters relating to appeals
33
The Schedule to these Regulations has effect.
PART 4 THE MAINTENANCE CALCULATION RULES
CHAPTER 1
DETERMINATION OF GROSS WEEKLY INCOME
The general rule for determining gross weekly income
34
1
The gross weekly income of a non-resident parent for the purposes of a calculation decision is a weekly amount determined at the effective date of the decision on the basis of either historic income or current income in accordance with this Chapter.
2
The non-resident parent’s gross weekly income is to be based on historic income unless —
a
current income differs from historic income by an amount that is at least 25% of historic income; or
b
the amount of historic income is nil or no historic income is available.
3
For the purposes of paragraph (2)(b) no historic income is available if HMRC did not, when a request was last made by the Secretary of State for the purposes of regulation 35, have the required information in relation to a relevant tax year.
4
“Relevant tax year” has the meaning given in regulation 4(2).
5
This regulation is subject to regulation 23(4) (change to current income outside the annual review or periodic current income check).
Historic income – general
35
1
Historic income is determined by —
a
taking the HMRC figure last requested from HMRC in relation to the non-resident parent;
b
adjusting that figure where required in accordance with paragraph (3); and
c
dividing by 365 and multiplying by 7.
2
A request for the HMRC figure is to be made by the Secretary of State —
a
for the purposes of a decision under section 11 of the 1991 Act (the initial maintenance calculation) no more than 30 days before the initial effective date; and
b
for the purposes of updating that figure, no more than 30 days before the review date.
3
Where the non-resident parent has made relievable pension contributions during the tax year to which the HMRC figure relates and those contributions have not been deducted under net pay arrangements, the HMRC figure is, if the non-resident parent so requests and provides such information as the Secretary of State requires, to be adjusted by deducting the amount of those contributions.
Historic income – the HMRC figure
36
1
The HMRC figure is the amount identified by HMRC from information provided in a self-assessment return or under the PAYE regulations, as the sum of the income on which the non-resident parent was charged to tax for the latest available tax year —
a
under Part 2 of ITEPA (employment income);
b
under Part 9 of ITEPA (pension income);
c
under Part 10 of ITEPA (social security income) but only in so far as that income comprises the following taxable UK benefits listed in Table A in Chapter 3 of that Part —
i
incapacity benefit;
ii
contributory employment and support allowance;
iii
jobseeker’s allowance; and
iv
income support; and
d
under Part 2 of ITTOIA (trading income).
2
The amount identified as income for the purposes of paragraph (1)(a) is to be taken —
a
after any deduction for relievable pension contributions made by the non-resident parent’s employer in accordance with net pay arrangements; and
b
before any deductions under Part 5 of ITEPA (deductions allowed from earnings).
3
The amount identified as income for the purposes of paragraph (1)(b) is not to include a UK social security pension.
4
The amount identified as income for the purposes of paragraph (1)(d) is to be taken after deduction of any relief under section 83 of the Income Tax Act 2007 (carry forward trade loss relief against trade profits).
5
Where, for the latest available tax year, HMRC has both information provided in a self-assessment return and information provided under the PAYE Regulations, the amount identified for the purposes of paragraph (1) is to be taken from the former.
Current income – general
37
1
Current income is the sum of the non-resident parent’s income —
a
as an employee or office-holder;
b
from self-employment; and
c
from a pension,
calculated or estimated as a weekly amount at the effective date of the relevant calculation decision in accordance with regulations 38 to 42.
2
Where payment is made in a currency other than sterling, an amount equal to any banking charge payable in converting that payment to sterling is to be disregarded in calculating the current income of a non-resident parent.
Current income as an employee or office-holder
38
1
The non-resident parent’s current income as an employee or office-holder is income of a kind that would be taxable earnings within the meaning of section 10(2) of ITEPA and is to be calculated as follows.
2
As regards any part of the non-resident parent’s income that comprises salary, wages or other amounts paid periodically —
a
if it appears to the Secretary of State that the non-resident parent is (or is to be) paid a regular amount according to a settled pattern that is likely to continue for the foreseeable future, that part of the non-resident parent’s income is to be calculated as the weekly equivalent of that amount; and
b
if sub-paragraph (a) does not apply (for example where the non-resident parent is a seasonal worker or has working hours that follow an irregular pattern) that part of the non-resident parent’s income is to be calculated as the weekly average of the amounts paid over such period preceding the effective date of the relevant calculation decision as appears to the Secretary of State to be appropriate.
3
Where the income from the non-resident parent’s present employment or office has, during the past 12 months, included bonus or commission or other amounts paid separately from, or in relation to a longer period than, the amounts referred to in paragraph (2), the amount of that income is to be calculated by aggregating those payments, dividing by 365 and multiplying by 7.
4
Where the earnings from the non-resident parent’s present employment or office have, in the past 12 months, included amounts treated as earnings under Chapters 2 to 11 of Part 3 of ITEPA (the benefits code) the non-resident parent’s current income is to be taken to include the amount of those benefits as last obtained by HMRC divided by 365 and multiplied by 7.
5
Where the non-resident parent’s employer makes deductions of relievable pension contributions from the payments referred to in paragraph (2) or (3) the amount of those payments is to be calculated after those deductions.
Current income from self-employment
39
1
The non-resident parent’s current income from self-employment is to be determined by reference to the profits of any trade, profession or vocation carried on by the non-resident parent at the effective date of the relevant calculation decision.
2
The profits referred to in paragraph (1) are the profits determined in accordance with Part 2 of ITTOIA for the most recently completed relevant period or, if no such period has been completed, the estimated profits for the current relevant period.
3
The weekly amount is calculated by dividing the amount of those profits by the number of weeks in the relevant period.
4
In paragraphs (2) and (3) the “relevant period” means a tax year or such other period in respect of which the non-resident parent should, in the normal course of events, report the profits or losses of the trade, profession or vocation in question to HMRC in a self-assessment return.
5
In the case of a non-resident parent who carries on a trade, profession or vocation in partnership, the profits referred to in this regulation are the profits attributable to the non-resident parent’s share of the partnership.
6
The profits of a trade, profession or vocation that the non-resident parent has ceased to carry on at the effective date of the relevant calculation decision are to be taken as nil.
Deduction for pension contributions relievable at source
40
Where the non-resident parent —
a
has current income from self-employment or as an employee or office-holder at the effective date of the relevant calculation decision; and
b
makes relievable pension contributions which are not taken into account under regulation 38(5),
there is to be deducted from the sum of any amounts calculated in accordance with regulation 38 or 39 (current income as an employee, current income from self-employment) an amount determined by the Secretary of State as representing the weekly average of those contributions.
Current income from a pension
41
The non-resident parent’s current income from a pension is to be calculated as the weekly average, over such period as the Secretary of State considers appropriate, of amounts received by the non-resident parent from a pension or annuity or other income (excluding UK social security pensions) of a kind that would be charged to tax under Part 9 of ITEPA.
Estimate of current income where insufficient information available
42
1
Where —
a
current income applies by virtue of regulation 34(2)(b) (historic income nil or not available); and
b
the information available in relation to current income is insufficient or unreliable,
the Secretary of State may estimate that income and, in doing so, may make any assumption as to any fact.
2
Where the Secretary of State is satisfied that the non-resident parent is engaged in a particular occupation, whether as an employee, office-holder or self-employed person, the assumptions referred to in paragraph (1) may include an assumption that the non-resident parent has the average weekly income of a person engaged in that occupation in the UK or in any part of the UK.
CHAPTER 2
RATES OF CHILD SUPPORT MAINTENANCE
Reduced Rate
43
The reduced rate is an amount calculated as follows —
F + ( A × T )
where —
F is the flat rate liability applicable to the non-resident parent;
A is the amount of the non-resident parent’s gross weekly income between £100 and £200; and
T is the percentage determined in accordance with the following Table —
Number of relevant other children of the non-resident parent T (%) 1 qualifying child of the non-resident parent 0 19 1 16.40 2 15.60 3 or more 15.20 2 qualifying children of the non-resident parent 0 27 1 23.50 2 22.50 3 or more 21.90 3 or more qualifying children of the non-resident parent 0 33 1 28.80 2 27.70 3 or more 26.90
Flat Rate
44
1
The following benefits, pensions or allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the 1991 Act (that is the benefits, pensions or allowances that qualify the non-resident parent for the flat rate) —
a
under the Social Security Contributions and Benefits Act 1992 —
i
bereavement allowance under section 39B ,
ii
category A retirement pension under section 44 ,
iii
category B retirement pension under section 48C ,
iv
category C and category D retirement pension under section 78 ,
v
incapacity benefit under section 30A ,
vi
carer’s allowance under section 70 ,
vii
maternity allowance under section 35 ,
viii
severe disablement allowance under section 68 ,
ix
industrial injuries benefit under section 94,
x
widowed mother’s allowance under section 37 ,
xi
widowed parent’s allowance under section 39A , and
xii
widow’s pension under section 38 ;
b
contribution-based jobseeker’s allowance under the Jobseekers Act 1995 ;
c
a social security benefit paid by a country other than the United Kingdom;
d
a training allowance (other than work-based training for young people or, in Scotland, Skillseekers training);
e
a war disablement pension within the meaning of section 150(2) of the Social Security Contributions and Benefits Act 1992 or a pension which is analogous to such a pension paid by the government of a country outside Great Britain;
f
a war widow’s pension, war widower’s pension or surviving civil partner’s war pension within the meaning of that section ;
g
a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces); and
h
contributory employment and support allowance.
2
The following benefits are prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the 1991 Act (that is the benefits that qualify the non-resident parent for the flat rate if received by the non-resident parent or their partner) —
a
income support;
b
income-based jobseeker’s allowance;
c
income-related employment and support allowance; and
d
state pension credit.
3
Where the conditions referred to in paragraph 4(2) of Schedule 1 to the 1991 Act are satisfied (that is where an income-related benefit is payable to the non-resident parent or their partner and a maintenance calculation is in force in respect of each of them) the flat rate of maintenance payable is half the flat rate that would otherwise apply.
4
In paragraph (1)(d) “training allowance” means a payment under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 which is paid to a person for their maintenance while they are undergoing training.
Nil rate
45
1
The nil rate is payable where the non-resident parent is —
a
a child;
b
a prisoner or a person serving a sentence of imprisonment detained in hospital;
c
a person who is 16 or 17 years old and —
i
in receipt of income support, income-based jobseeker’s allowance or income-related employment and support allowance, or
ii
a member of a couple whose partner is in receipt of income support, income-based jobseeker’s allowance or income-related employment and support allowance;
d
a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training; or
e
a person who is resident in a care home or an independent hospital or is being provided with a care home service or an independent health care service who —
i
is in receipt of a pension, benefit or allowance specified in regulation 44(1) or (2) (flat rate), or
ii
has the whole or part of the cost of their accommodation met by a local authority.
2
For the purposes only of determining whether paragraph 5(b) of Schedule 1 to the 1991 Act applies (nil rate payable where non-resident parent has gross weekly income of below the flat rate that is referred to in, or prescribed for the purposes of, paragraph 4(1) of Schedule 1 to the 1991 Act), the gross weekly income of the non-resident parent is to include any payments made by way of benefits, pensions or allowances referred to in regulation 44(1) or (2).
3
In paragraph (1) —
“independent hospital” and “care home” have the meaning given by sections 2 and 3 of the Care Standards Act 2000 respectively;
“care home service” has the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 and “independent health care service” has the meaning given by section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978 ;
“person serving a sentence of imprisonment detained in hospital” means a person who —
is being detained —
under section 45A or 47 of the Mental Health Act 1983 ; and
before the day which the Secretary of State certifies to be that person’s release date within the meaning of section 50(3) of that Act (in any case where there is such a release date); or
is being detained under —
section 59A of the Criminal Procedure (Scotland) Act 1995 ; or
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 ;
“prisoner” means a person who —
is detained in custody pending trial or sentence upon conviction or under sentence imposed by a court; or
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ,
other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 or, in Scotland, the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995.
Decrease for shared care
46
1
This regulation and regulation 47 apply where the Secretary of State determines the number of nights which count for the purposes of the decrease in the amount of child support maintenance under paragraphs 7 and 8 of Schedule 1 to the 1991 Act .
2
Subject to paragraph (3), the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.
3
The Secretary of State may have regard to a period of less than 12 months where the Secretary of State considers a shorter period is appropriate (for example where the parties have an agreement in relation to a shorter period) and, if the Secretary of State does so, paragraphs 7(3) and 8(2) of Schedule 1 to the 1991 Act are to have effect as if —
a
the period mentioned there were that shorter period; and
b
the number of nights mentioned in the Table in paragraph 7(4), or in paragraph 8(2), of that Schedule were reduced proportionately.
4
When making a determination under paragraphs (1) to (3) the Secretary of State must consider —
a
the terms of any agreement made between the parties or of any court order providing for contact between the non-resident parent and the qualifying child; or
b
if there is no agreement or court order, whether a pattern of shared care has already been established over the past 12 months (or such other period as the Secretary of State considers appropriate in the circumstances of the case).
5
For the purposes of this regulation —
a
a night will count where the non-resident parent has the care of the qualifying child overnight and the child stays at the same address as the non-resident parent;
b
the non-resident parent has the care of the qualifying child when the non-resident parent is looking after the child; and
c
where, on a particular night, a child is a boarder at a boarding school, or an in-patient in a hospital, the person who would, but for those circumstances, have the care of the child for that night, shall be treated as having care of the child for that night.
Assumption as to number of nights of shared care
47
1
This regulation applies where the Secretary of State is required to make a determination under regulation 46 for the purposes of a calculation decision.
2
If it appears to the Secretary of State that —
a
the parties agree in principle that the care of a qualifying child is to be shared during the period mentioned in regulation 46(2) or (3) (decrease for shared care); but
b
there is insufficient evidence to make that determination on the basis set out in regulation 46(4) (for example because the parties have not yet agreed the pattern or frequency or the evidence as to a past pattern is disputed),
the Secretary of State may make the decision on the basis of an assumption that the non-resident parent is to have the care of the child overnight for one night per week.
3
Where the Secretary of State makes a decision under paragraph (2) the assumption applies until an application is made under section 17 of the 1991 Act for a supersession of that decision and the evidence provided is sufficient to enable a determination to be made on the basis set out in regulation 46(4).
Non-resident parent party to another maintenance arrangement
48
1
An agreement described in paragraph (2) is an agreement of a prescribed description for the purposes of paragraph 5A(6)(b) of Schedule 1 to the 1991 Act (that is an agreement which is a qualifying maintenance arrangement for the purposes of that paragraph).
2
The agreement may be oral or written and must satisfy the following conditions —
a
it must relate to a child of the non-resident parent who is habitually resident in the UK;
b
it must be between the non-resident parent and a person with whom the child has their home (but not in the same household as the non-resident parent) and who usually provides day to day care for that child; and
c
it must provide for the non-resident parent to make regular payments for the benefit of the child.
3
The payments mentioned in paragraph (2)(c) may include payments made by the non-resident parent direct to the person mentioned in paragraph (2)(b) or payments to other persons.
CHAPTER 3
DEFAULT MAINTENANCE DECISIONS
Default rate
49
1
Where the Secretary of State makes a default maintenance decision under section 12(1) of the 1991 Act (that is where there is insufficient information to make a maintenance calculation) the default rate is set out in paragraph (2).
2
The default rate is —
a
£39 where there is one qualifying child;
b
£51 where there are two qualifying children; or
c
£64 where there are three or more qualifying children,
apportioned, where the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, as provided in paragraph 6(2) of Schedule 1 to the 1991 Act.
CHAPTER 4
SPECIAL CASES
Parent treated as a non-resident parent in shared care cases
50
1
Where the circumstances of a case are that —
a
an application is made by a person with care under section 4 of the 1991 Act ; and
b
the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,
the case is to be treated as a special case for the purposes of the 1991 Act.
2
For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
3
Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person.
Child in care who is allowed to live with their parent
51
1
Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of that child under section 22C(2) or 23(5) of the Children Act 1989 , that case is to be treated as a special case for the purposes of the 1991 Act.
2
For the purposes of this case, section 3(3)(b) of the 1991 Act is to be modified so that, for the reference to the person who usually provides day to day care for the child there is substituted a reference to the parent of the child with whom the local authority has allowed the child to live.
Non-resident parent liable to maintain a child of the family or a child abroad
52
1
A case is to be treated as a special case for the purposes of the 1991 Act where —
a
an application for a maintenance calculation has been made or a maintenance calculation is in force with respect to a qualifying child and a non-resident parent;
b
there is a different child in respect of whom no application for a maintenance calculation may be made but whom the non-resident parent is liable to maintain —
i
in accordance with a maintenance order made in respect of that child as a child of the non-resident parent’s family, or
ii
in accordance with an order made by a court outside Great Britain or under the legislation of a jurisdiction outside the United Kingdom; and
c
the weekly rate of child support maintenance, apart from this regulation, would be the basic rate or the reduced rate or would be calculated following agreement to a variation where the rate would otherwise be the flat rate or the nil rate.
2
In any such case the amount of child support maintenance is to be calculated in accordance with paragraph 5A of Schedule 1 to the 1991 Act as if the child in question were a child with respect to whom the non-resident parent was a party to a qualifying maintenance arrangement.
3
For the purposes of this regulation “child” includes a person who has not attained the age of 20 whom the non-resident parent is liable to maintain in accordance with paragraph (1)(b)(ii).
Care provided in part by a local authority
53
1
This regulation applies where paragraph (2) applies and the rate of child support maintenance payable is the basic rate, or the reduced rate, or has been calculated following agreement to a variation where the non-resident parent’s liability would otherwise have been the flat rate or the nil rate.
2
Where the circumstances of a case are that the care of the qualifying child is shared between the person with care and a local authority and —
a
the qualifying child is in the care of the local authority for 52 nights or more in the period of 12 months ending with the effective date of the relevant calculation decision;
b
where, in the opinion of the Secretary of State, a period other than the period of 12 months mentioned in sub-paragraph (a) is more representative of the current arrangements for the care of the qualifying child, the qualifying child is in the care of the local authority during that period for no fewer than the number of nights which bears the same ratio to 52 nights as that period bears to 12 months; or
c
it is intended that the qualifying child is to be in the care of the local authority for a number of nights in a period beginning with the day after the effective date and —
i
if that period were a period of 12 months, the number of nights is 52 nights or more; or
ii
if that period were a period other than 12 months, the number of nights is no fewer than the number of nights which bears the same ratio to 52 nights as that period bears to 12 months,
that case is to be treated as a special case for the purpose of the 1991 Act.
3
In a case where this regulation applies, the amount of child support maintenance which the non-resident parent is liable to pay the person with care of that qualifying child is the amount calculated in accordance with the provisions of Part I of Schedule 1 to the 1991 Act and decreased in accordance with this regulation.
4
First, there is to be a decrease according to the number of nights spent or to be spent by the qualifying child in the care of the local authority during the period under consideration.
5
Where paragraph (2)(b) or (c) applies, the number of nights in the period under consideration shall be adjusted by the ratio which the period of 12 months bears to the period under consideration.
6
After any adjustment under paragraph (5), the amount of the decrease for one child is set out in the following Table —
Number of nights in care of local authority Fraction to subtract
52-103 One-seventh 104-155 Two-sevenths 156-207 Three-sevenths 208-259 Four-sevenths 260-262 Five-sevenths
7
If the non-resident parent and the person with care have more than one qualifying child, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.
8
In a case where the amount of child support maintenance which the non-resident parent is liable to pay in relation to the same person with care is to be decreased in accordance with the provisions of both this regulation and of paragraph 7 of Part 1 of Schedule 1 to the 1991 Act, read with these Regulations, the applicable decrease is the sum of the appropriate fractions derived under those provisions.
9
If the application of this regulation would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to less than the flat rate referred to in paragraph 4(1) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of Schedule 1), the non-resident parent is instead liable to pay child support maintenance at a rate equivalent to that rate, apportioned (if appropriate) in accordance with paragraph 6 of Part I of Schedule 1 to that Act.
10
If the number of nights calculated for the purposes of applying the table in paragraph (6) is 263 or more, the amount of child support maintenance payable by the non-resident parent in respect of the child in question is nil.
11
Where a qualifying child is a boarder at a boarding school or is an in-patient at a hospital, the qualifying child shall be treated as being in the care of the local authority for any night that the local authority would otherwise have been providing such care.
12
A child is in the care of a local authority for any night in which that child is being looked after by the local authority within the meaning of section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 .
Care provided for relevant other child by a local authority
54
Where a child other than a qualifying child is cared for in part or in full by a local authority, and the non-resident parent or the non-resident parent’s partner receives child benefit for that child, the child is a relevant other child for the purposes of Schedule 1 to the 1991 Act.
Child who is a boarder or an in-patient in hospital
55
1
Where the circumstances of the case are that —
a
a qualifying child is a boarder at a boarding school or is an in-patient in a hospital; and
b
by reason of those circumstances, the person who would otherwise provide day to day care is not doing so,
that case is to be treated as a special case for the purposes of the 1991 Act.
2
For the purposes of this case, section 3(3)(b) of the 1991 Act is to be modified so that for the reference to the person who usually provides day to day care for the child there is substituted a reference to the person who would usually provide day to day care for that child but for the circumstances specified in paragraph (1).
PART 5 VARIATIONS
CHAPTER 1
GENERAL
Application for a variation
56
1
Where an application for a variation is made other than in writing it is treated as made on the date on which the applicant notifies the Secretary of State that the applicant wishes to make such an application.
2
Where an application for a variation is made in writing it is treated as made on the date that the Secretary of State receives it.
3
Two or more applications for a variation with respect to the same maintenance calculation or application for a maintenance calculation may be considered together.
4
The Secretary of State may treat an application for a variation made on one ground as made on another ground if that other ground is more appropriate to the facts alleged in that case.
Rejection of an application following preliminary consideration
57
1
The circumstances prescribed for the purposes of section 28B(2)(c) of the 1991 Act (other circumstances in which an application may be rejected after preliminary consideration) are —
a
the applicant does not state a ground for the variation or provide sufficient information to enable a ground to be identified;
b
although a ground is stated, the Secretary of State is satisfied that the application would not be agreed to because —
i
the facts alleged do not bring the case within the ground; or
ii
no facts are alleged that would support the ground or could reasonably form the basis of further enquiries;
c
a default maintenance decision is in force;
d
the non-resident parent is liable to pay the flat rate or nil rate because the non-resident parent or their partner is in receipt of a benefit listed in regulation 44(2) (flat rate);
e
in the case of an application made by the non-resident parent on the grounds mentioned in Chapter 2 (special expenses) —
i
the amount of the expenses does not exceed the relevant threshold;
ii
the amount of maintenance for which the non-resident parent is liable is equal to or less than the flat rate referred to in paragraph 4(1) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of Schedule 1);
iii
the amount of the non-resident parent’s gross weekly income would exceed the capped amount after deducting special expenses; or
iv
the non resident parent’s gross weekly income has been determined on the basis of regulation 42 (estimate of current income where insufficient information available); or
f
in the case of an application on any of the grounds mentioned in Chapter 3 (additional income), the amount of the non-resident parent’s gross weekly income (without taking that ground into account) is the capped amount.
2
The circumstances set out in paragraph (1) are circumstances prescribed for the purposes of section 28F(3)(b) of the 1991 Act in which the Secretary of State must not agree to a variation.
Provision of information
58
1
Where the Secretary of State has received an application for a variation the Secretary of State may request further information or evidence from the applicant to enable that application to be determined.
2
Any such information or evidence requested in accordance with paragraph (1) must be provided within 14 days after the date of notification of the request or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case.
3
Where any information or evidence requested is not provided within the time specified in paragraph (2), the Secretary of State may, where able to do so, proceed to determine the application in the absence of the requested information or evidence.
Procedure in relation to a variation
59
1
Where the Secretary of State has given the preliminary consideration to an application for a variation and not rejected it, the Secretary of State —
a
must give notice of the application to any other party informing them of the grounds on which the application has been made and any relevant information or evidence given by the applicant or obtained by the Secretary of State, except information or evidence falling within paragraph (5); and
b
may invite representations (which need not be in writing but must be in writing if in any case the Secretary of State so directs) from the other party on any matter relating to that application, to be submitted to the Secretary of State within 14 days after the date of notification or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case.
2
The Secretary of State need not act in accordance with paragraph (1) if —
a
the Secretary of State is satisfied on the information or evidence available that the application would not be agreed to;
b
in the case of an application for a variation on the ground mentioned in regulation 69 (non-resident parent with unearned income), the information from HMRC for the latest available tax year does not disclose unearned income exceeding the relevant threshold and the Secretary of State is not in possession of other information or evidence that would merit further enquiry; or
c
regulation 75 (previously agreed variation may be taken into account notwithstanding that no further application has been made) applies;
3
Where the Secretary of State receives representations from the other party —
a
the Secretary of State may, if the Secretary of State is satisfied that it is reasonable to do so, inform the applicant of the representations concerned (excluding material falling within paragraph (5)) and invite comments within 14 days or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and
b
where the Secretary of State acts under sub-paragraph (a), the Secretary of State must not proceed to determine the application until such comments are received or the period referred to in that sub-paragraph has expired.
4
Where the Secretary of State has not received representations from the other party notified in accordance with paragraph (1) within the time specified in sub-paragraph (b) of that paragraph, the Secretary of State may in their absence proceed to agree (or not, as the case may be) to the variation.
5
The information or evidence referred to in paragraph (1)(a) is as follows —
a
details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 64 (illness or disability of a relevant other child) where the applicant requests they should not be disclosed and the Secretary of State is satisfied that disclosure is not necessary in order to be able to determine the application;
b
medical evidence or medical advice which has not been disclosed to the applicant or the other party and which the Secretary of State considers would be harmful to the health of the applicant or that party if disclosed; or
c
the address of the other party or qualifying child, or any other information which could reasonably be expected to lead to that party or child being located, where the Secretary of State considers that there would be a risk of harm or undue distress to that other party or that child or any other children living with that other party if the address or information were disclosed.
Factors not taken into account for the purposes of section 28F
60
The following factors are not to be taken into account in determining whether it would be just and equitable to agree to a variation in any case —
a
the fact that the conception of the qualifying child was not planned by one or both of the parents;
b
whether the non-resident parent or the person with care of the qualifying child was responsible for the breakdown of the relationship between them;
c
the fact that the non-resident parent or the person with care of the qualifying child has formed a new relationship with a person who is not a parent of that child;
d
the existence of particular arrangements for contact with the qualifying child, including whether any arrangements made are being adhered to;
e
the income or assets of any person other than the non-resident parent;
f
the failure by a non-resident parent to make payments of child support maintenance, or to make payments under a maintenance order or a maintenance agreement; or
g
representations made by persons other than the parties.
Procedure on revision or supersession of a previously determined variation
61
1
Subject to paragraph (2), where the Secretary of State has received an application under section 16 or 17 of the 1991 Act in connection with a previously determined variation which has effect on a maintenance calculation in force, regulations 58 to 60 apply in relation to that application as if it were an application for a variation that had not been rejected after preliminary consideration.
2
The Secretary of State need not act in accordance with regulation 59(1) (procedure in relation to a variation) if —
a
were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded; or
b
it appears to the Secretary of State that representations of the other party would not be relevant to the decision.
Regular payments condition
62
1
For the purposes of section 28C(2)(b) of the 1991 Act (payments of child support maintenance less than those specified in the interim maintenance decision) the payments are those fixed by the interim maintenance decision or the maintenance calculation in force, as the case may be, adjusted to take account of the variation applied for by the non-resident parent as if that variation had been agreed.
2
The Secretary of State may refuse to consider the application for a variation where a regular payments condition has been imposed and the non-resident parent fails to make such payments, which are due and unpaid, within one month after being required to do so by the Secretary of State or such other period as the Secretary of State may in the particular case decide.
CHAPTER 2
GROUNDS FOR VARIATION: SPECIAL EXPENSES
Contact costs
63
1
Subject to the following paragraphs of this regulation, and to regulation 68 (thresholds), the following costs incurred or reasonably expected to be incurred by the non-resident parent, whether in respect of the non-resident parent or the qualifying child or both, for the purpose of maintaining contact with that child, constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act —
a
the cost of purchasing a ticket for travel;
b
the cost of purchasing fuel where travel is by a vehicle which is not carrying fare-paying passengers;
c
the taxi fare for a journey or part of a journey where the Secretary of State is satisfied that the disability or long-term illness of the non-resident parent or the qualifying child makes it impracticable for any other form of transport to be used for that journey or part of that journey;
d
the cost of car hire where the cost of the journey would be less in total than it would be if public transport or taxis or a combination of both were used;
e
where the Secretary of State considers a return journey on the same day is impracticable, or the established or intended pattern of contact with the child includes contact over two or more consecutive days, the cost of the non-resident parent’s or, as the case may be, the child’s, accommodation for the number of nights the Secretary of State considers appropriate in the circumstances of the case; and
f
any minor incidental costs such as tolls or fees payable for the use of a particular road or bridge incurred in connection with such travel, including breakfast where it is included as part of the accommodation cost referred to in sub-paragraph (e).
2
The costs to which paragraph (1) applies include the cost of a person to travel with the non-resident parent or the qualifying child, if the Secretary of State is satisfied that the presence of another person on the journey, or part of the journey, is necessary including, but not limited to, where it is necessary because of the young age of the qualifying child or the disability or long-term illness of the non-resident parent or that child.
3
The costs referred to in paragraphs (1) and (2) —
a
are expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act only to the extent that they are —
i
incurred in accordance with a set pattern as to frequency of contact between the non-resident parent and the qualifying child which has been established at or, where at the time of the variation application it has ceased, which had been established before, the time that the variation application is made; or
ii
based on an intended set pattern for such contact which the Secretary of State is satisfied has been agreed between the non-resident parent and the person with care of the qualifying child; and
b
are —
i
where sub-paragraph (a)(i) applies and such contact is continuing, calculated as an average weekly amount based on the expenses actually incurred during the period of 12 months, or such lesser period as the Secretary of State may consider appropriate in the circumstances of the case, ending immediately before the day from which a variation agreed on this ground would take effect;
ii
where sub-paragraph (a)(i) applies and such contact has ceased, calculated as an average weekly amount based on the expenses actually incurred during the period from the day from which a variation agreed on this ground would take effect to the last day on which the variation would take effect; or
iii
where sub-paragraph (a)(ii) applies, calculated as an average weekly amount based on anticipated costs during such period as the Secretary of State considers appropriate.
4
Where, at the date on which the variation application is made, the non-resident parent has received, is in receipt of, or will receive, any financial assistance, other than a loan, from any source to meet, wholly or in part, the costs of maintaining contact with a child as referred to in paragraph (1), only the amount of the costs referred to in that paragraph, after the deduction of the financial assistance, constitutes special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
Illness or disability of relevant other child
64
1
Subject to the following paragraphs of this regulation, expenses necessarily incurred by the non-resident parent in respect of the items listed in sub-paragraphs (a) to (m) due to the long-term illness or disability of a relevant other child constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act —
a
personal care and attendance;
b
personal communication needs;
c
mobility;
d
domestic help;
e
medical aids where these cannot be provided under the health service;
f
heating;
g
clothing;
h
laundry requirements;
i
payments for food essential to comply with a diet recommended by a medical practitioner;
j
adaptations required to the non-resident parent’s home;
k
day care;
l
rehabilitation; or
m
respite care.
2
For the purposes of this regulation and regulation 63 (contact costs) —
a
a person is “disabled” for a period in respect of which —
i
a disability living allowance is paid to or in respect of that person;
ii
that person would receive a disability living allowance if it were not for the fact that the person is a patient, though remaining part of the applicant’s family; or
iii
that person is registered blind,
and “disability” is to be construed accordingly;
b
“disability living allowance” means the care component of a disability living allowance, payable under section 72 of the Social Security Contributions and Benefits Act 1992;
c
“the health service” has the same meaning as in section 275 of the National Health Service Act 2006 or in section 108(1) of the National Health Service (Scotland) Act 1978 ;
d
“long-term illness” means an illness from which the child is suffering at the date of the application or the date from which the variation, if agreed, would take effect and which is likely to last for at least 12 months after that date, or, if likely to be shorter than 12 months, for the remainder of their life; and
e
“relevant other child” has the meaning given in paragraph 10C(2) of Schedule 1 to the 1991 Act ;
f
a person is “registered blind” where that person is —
i
registered as blind in a register maintained by or on behalf of a local authority in England or Wales under section 29 of the National Assistance Act 1948 (welfare services); or
ii
registered as blind in a register maintained by or on behalf of a local authority in Scotland.
3
Where, at the date on which the non-resident parent makes the variation application —
a
the non-resident parent or a member of the non-resident parent’s household has received, is in receipt of, or will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or
b
a disability living allowance is received by the non-resident parent or the member of the non-resident parent’s household on behalf of the relevant other child,
only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the allowance, constitutes special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
4
For the purposes of paragraph (2)(a) —
a
“patient” means a person (other than a person who is serving a sentence of imprisonment within the meaning of section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or of detention in a young offender institution within the meaning of section 96 of that Act or, in Scotland, a sentence of imprisonment or detention within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 ; and
b
where a person has ceased to be registered in a register as referred to in paragraph (2)(f), having regained their eyesight, that person is to be treated as though they were registered blind, for a period of 28 days after the day on which that person ceased to be registered in such a register.
Prior debts
65
1
Subject to the following paragraphs of this regulation and regulation 68 (thresholds), the repayment of debts to which paragraph (2) applies constitutes special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act where those debts were incurred —
a
before the non-resident parent became a non-resident parent in relation to the qualifying child; and
b
at the time when the non-resident parent and the person with care in relation to the child referred to in sub-paragraph (a) were a couple.
2
This paragraph applies to debts incurred —
a
for the joint benefit of the non-resident parent and the person with care;
b
for the benefit of the person with care where the non-resident parent remains legally liable to repay the whole or part of the debt;
c
for the benefit of any person who is not a child but who at the time the debt was incurred —
i
was a child,
ii
lived with the non-resident parent and the person with care, and
iii
of whom the non-resident parent or the person with care is the parent, or both are the parents;
d
for the benefit of the qualifying child referred to in paragraph (1); or
e
for the benefit of any child, other than the qualifying child referred to in paragraph (1), who, at the time the debt was incurred —
i
lived with the non-resident parent and the person with care, and
ii
of whom the person with care is the parent.
3
Paragraph (1) does not apply to repayment of —
a
a debt which would otherwise fall within paragraph (1) where the non-resident parent has retained for the non-resident parent’s own use and benefit the asset in connection with the purchase of which the debt was incurred;
b
a debt incurred for the purposes of any trade or business;
c
a gambling debt;
d
a fine imposed on the non-resident parent;
e
unpaid legal costs in respect of —
i
separation from the person with care;
ii
divorce from the person with care; or
iii
dissolution of a civil partnership that had been formed with the person with care;
f
amounts due after use of a credit card;
g
a debt incurred by the non-resident parent to pay for any of the items listed in sub-paragraphs (c) to (f) and (j);
h
amounts payable by the non-resident parent under a mortgage or loan taken out on the security of any property, except where that mortgage or loan was taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which was, and continues to be, the home of the person with care and any qualifying child;
i
amounts payable by the non-resident parent in respect of a policy of insurance, except where that policy of insurance was obtained or retained to discharge a mortgage or charge taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which was, and continues to be, the home of the person with care and the qualifying child;
j
a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;
k
a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer; or
l
any other debt which the Secretary of State is satisfied is reasonable to exclude.
4
Except where the repayment is of an amount which is payable under a mortgage or loan or in respect of a policy of insurance which falls within the exception set out in sub-paragraph (h) or (i) of paragraph (3), repayment of a debt does not constitute expenses for the purposes of paragraph (1) where the Secretary of State is satisfied that the non-resident parent has taken responsibility for repayment of that debt as, or as part of, a financial settlement with the person with care or by virtue of a court order.
5
Where an applicant has incurred a debt partly to repay a debt, repayment of which would have fallen within paragraph (1), the repayment of that part of the debt incurred which is referable to the debt repayment of which would have fallen within that paragraph, constitutes expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
6
In paragraph (3)(h) “repairs or improvements” means repairs that the Secretary of State considers are major repairs necessary to maintain the fabric of the home and any of the following measures —
a
installation of a fixed bath, shower, wash basin or lavatory, and necessary associated plumbing;
b
damp-proofing measures;
c
provision or improvement of ventilation and natural light;
d
provision of electric lighting and sockets;
e
provision or improvement of drainage facilities;
f
improvement of the structural condition of the home;
g
improvements to the facilities for the storing, preparation and cooking of food;
h
provision of heating, including central heating;
i
provision of storage facilities for fuel and refuse;
j
improvements to the insulation of the home; or
k
other improvements which the Secretary of State considers reasonable in the circumstances.
Boarding school fees
66
1
Subject to the following paragraphs of this regulation and regulation 68 (thresholds), the maintenance element of boarding school fees, incurred or reasonably expected to be incurred by the non-resident parent, constitutes special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
2
Where the Secretary of State considers that the maintenance element of the boarding school fees cannot be distinguished with reasonable certainty from the total fees, the Secretary of State may instead determine the amount of the maintenance element and any such determination is not to exceed 35% of the total fees.
3
Where —
a
the non-resident parent has, at the date on which the variation application is made, received, or at that date is in receipt of, financial assistance from any source in respect of the boarding school fees; or
b
the boarding school fees are being paid in part by the non-resident parent and in part by another person,
a portion of the expenses incurred by the non-resident parent in respect of the boarding school fees, calculated in accordance with paragraph (4), constitutes special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
4
For the purposes of paragraph (3), the portion in question is calculated as follows —
a
find the amount (A) that results from deducting from the amount of the boarding school fees the financial assistance, or the amount that another person is paying, as referred to in paragraph (3);
b
find the amount that bears the same proportion to A as the maintenance element of the fees referred to in paragraph (1) bears to the total fees referred to in that paragraph, and that amount is the portion in question.
5
No variation on this ground may reduce by more than 50% the income to which the Secretary of State would otherwise have had regard in the calculation of maintenance liability.
6
For the purposes of this regulation, “boarding school fees” means the fees payable in respect of attendance at a recognised educational establishment providing full-time education, which is not advanced education, for children under the age of 20 and where some or all of the pupils, including the qualifying child, are resident during term time.
7
For the purposes of paragraph (6) —
“recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of that paragraph as being, or as comparable to, a university, college or school;
“advanced education” means education for the purposes of —
a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or
any other course which is of a standard above ordinary national diploma including a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.
Payments in respect of certain mortgages, loans or insurance policies
67
1
Subject to regulation 68 (thresholds), the payments to which paragraph (2) applies constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act.
2
This paragraph applies to payments, whether made to the mortgagee, lender, insurer or the person with care —
a
in respect of a mortgage or a loan from a qualifying lender where —
i
the mortgage or loan was taken out to facilitate the purchase of, or repairs or improvements to, a property (“the property”) by a person other than the non-resident parent;
ii
the payments are not made under a debt incurred by the non-resident parent and do not arise out of any other legal liability of the non-resident parent for the period in respect of which the variation is applied for;
iii
the property was the home of the applicant and the person with care when they were a couple and remains the home of the person with care and the qualifying child; and
iv
the non-resident parent has no legal or equitable interest in and no charge or right to have a charge over the property; or
b
of amounts payable in respect of a policy of insurance taken out for the discharge of a mortgage or loan referred to in sub-paragraph (a), including an endowment policy, except where the non-resident parent is entitled to any part of the proceeds on the maturity of that policy.
Thresholds
68
1
Subject to paragraphs (3) and (4), the costs or repayments referred to in regulations 63 (contact costs) and 65 to 67 (prior debts, boarding school fees and payments in respect of certain mortgages etc.) are to be special expenses for the purposes of paragraph 2(2) of Schedule 4B to the 1991 Act only where they are equal to or exceed the threshold amount of £10 per week.
2
Where the expenses fall within more than one description of expense referred to in paragraph (1), the threshold amount applies separately in respect of each description.
3
Subject to paragraph (4), where the Secretary of State considers any expenses referred to in this Chapter to be unreasonably high or to have been unreasonably incurred the Secretary of State may substitute such lower amount as the Secretary of State considers to be reasonable, including an amount which is below the threshold amount or a nil amount.
4
Any lower amount substituted by the Secretary of State under paragraph (3) in relation to contact costs under regulation 63 (contact costs) must not be so low as to make it impossible, in the Secretary of State’s opinion, for contact between the non-resident parent and the qualifying child to be maintained at the frequency specified in any court order made in respect of the non-resident parent and that child where the non-resident parent is maintaining contact at that frequency.
CHAPTER 3
GROUNDS FOR VARIATION: ADDITIONAL INCOME
Non-resident parent with unearned income
69
1
A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B to the 1991 Act where the non-resident parent has unearned income equal to or exceeding £2,500 per annum.
2
For the purposes of this regulation unearned income is income of a kind that is chargeable to tax under —
a
Part 3 of ITTOIA (property income);
b
Part 4 of ITTOIA (savings and investment income); or
c
Part 5 of ITTOIA (miscellaneous income).
3
Subject to paragraphs (5) and (6), the amount of the non-resident parent’s unearned income is to be determined by reference to information provided by HMRC at the request of the Secretary of State in relation to the latest available tax year and, where that information does not identify any income of a kind referred to in paragraph (2), the amount of the non-resident parent’s unearned income is to be treated as nil.
4
For the purposes of paragraph (2), the information in relation to property income is to be taken after deduction of relief under section 118 of the Income Tax Act 2007 (carry forward against subsequent property business profits).
5
Where —
a
the latest available tax year is not the most recent tax year; or
b
the information provided by HMRC in relation to the latest available tax year does not include any information from a self-assessment return,
the Secretary of State may, if satisfied that there is sufficient evidence to do so, determine the amount of the non-resident parent’s unearned income by reference to the most recent tax year; and any such determination must, as far as possible, be based on the information that would be required to be provided in a self-assessment return.
6
Where the Secretary of State is satisfied that, by reason of the non-resident parent no longer having any property or assets from which unearned income was derived in a past tax year and having no current source from which unearned income may be derived, the non-resident parent will have no unearned income for the current tax year, the amount of the non-resident parent’s unearned income for the purposes of this regulation is to be treated as nil.
7
Where a variation is agreed to under this regulation, the non-resident parent is to be treated as having additional weekly income of the amount determined in accordance with paragraph (3) or (5) divided by 365 and multiplied by 7.
Non-resident parent on a flat rate or nil rate with gross weekly income
70
1
A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B to the 1991 Act where —
a
the non-resident parent’s liability to pay child support maintenance under a maintenance calculation which is in force or has been applied for is or would be —
i
the nil rate by virtue of the non-resident parent being one of the persons referred to in paragraph (3); or
ii
the flat rate by virtue of the non-resident parent receiving a benefit, pension or allowance mentioned in regulation 44(1) (flat rate);
b
the Secretary of State is satisfied that the non-resident parent has an amount of income that would be taken into account in the maintenance calculation as gross weekly income if sub-paragraph (a) did not apply; and
c
that income is equal to or more than £100 per week.
2
Where a variation is agreed to under this regulation, the non-resident parent is treated as having additional income of the amount referred to in paragraph (1)(b).
3
The persons referred to are —
a
a child;
b
a prisoner;
c
a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;
d
a person referred to in regulation 45(1)(e) (persons resident in a care home or independent hospital etc.).
Diversion of income
71
1
A case is a case for a variation for the purposes of paragraph 4(1) of Schedule 4B to the 1991 Act where —
a
the non-resident parent (“P”) has the ability to control, whether directly or indirectly, the amount of income that —
i
P receives, or
ii
is taken into account as P’s gross weekly income; and
b
the Secretary of State is satisfied that P has unreasonably reduced the amount of P’s income which would otherwise fall to be taken into account as gross weekly income or as unearned income under regulation 69 by diverting it to other persons or for purposes other than the provision of such income for P.
2
Where a variation is agreed to under this regulation, the additional income to be taken into account is the whole of the amount by which the Secretary of State is satisfied that P has reduced the amount that would otherwise be taken into account as P’s income.
CHAPTER 4
EFFECT OF VARIATION ON THE MAINTENANCE CALCULATION
Effect on the maintenance calculation – special expenses
72
1
Subject to paragraph (2) and regulation 74 (effect on maintenance calculation – general), where the variation agreed to is one falling within Chapter 2 (variation grounds: special expenses), effect is to be given to the variation in the maintenance calculation by deducting from the gross weekly income of the non-resident parent the weekly amount of the expenses referred to in Chapter 2.
2
Where the income which is taken into account in the maintenance calculation is the capped amount, then —
a
the weekly amount of the expenses is first to be deducted from the actual gross weekly income of the non-resident parent;
b
the amount by which the capped amount exceeds the figure calculated under sub-paragraph (a) is to be calculated; and
c
effect is to be given to the variation in the maintenance calculation by deducting from the capped amount the amount calculated under sub-paragraph (b).
Effect on the maintenance calculation – additional income grounds
73
1
Subject to paragraph (2) and regulation 74 (effect on maintenance calculation – general), where the variation agreed to is one falling within Chapter 3 (grounds for variation : additional income) effect is to be given to the variation by increasing the gross weekly income of the non-resident parent which would otherwise be taken into account by the weekly amount of the additional income except that, where the amount of gross weekly income calculated in this way would exceed the capped amount, the amount of the gross weekly income taken into account is to be the capped amount.
2
Where a variation is agreed to under this Chapter and the non-resident parent’s liability would, apart from the variation, be the flat rate (or an amount equivalent to the flat rate), the amount of child support maintenance which the non-resident parent is liable to pay is a weekly amount calculated by adding an amount equivalent to the flat rate to the amount calculated by applying Schedule 1 to the 1991 Act to the additional income arising under the variation.
Effect on maintenance calculation – general
74
1
Subject to paragraph (5), where more than one variation is agreed to in respect of the same period, regulations 72 and 73 apply and the results are to be aggregated as appropriate.
2
Paragraph 7(2) to (7) of Schedule 1 to the 1991 Act (shared care) applies where the rate of child support maintenance is affected by a variation which is agreed to and paragraph 7(2) is to be read as if after the words “as calculated in accordance with the preceding paragraphs of this Part of this Schedule” there were inserted the words, “, Schedule 4B and regulations made under that Schedule”.
3
Subject to paragraphs (4) and (5), where the non-resident parent shares the care of a qualifying child within the meaning in Part 1 of Schedule 1 to the 1991 Act, or where the care of such a child is shared with a local authority, the amount of child support maintenance that the non-resident parent is liable to pay to the person with care, calculated to take account of any variation, is to be reduced in accordance with the provisions of paragraph 7 of that Part or regulation 53 (care provided in part by a local authority), as the case may be.
4
If the application of paragraph (3) would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to the person with care (or all of them) to less than a figure equivalent to the flat rate referred to in paragraph 4(1) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of Schedule 1), the non-resident parent is instead liable to pay child support maintenance at a rate equivalent to that flat rate apportioned if appropriate as provided in paragraph 6 of Schedule 1 to that Act.
5
The effect of a variation is not to be applied for any period during which a circumstance referred to in regulation 57(1)(d) to (f) (rejection of an application following preliminary consideration) applies.
Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability
75
1
This regulation applies where —
a
a variation that has been agreed to has ceased to have effect in relation to the weekly amount of the non-resident parent’s liability for child support maintenance because —
i
the non-resident parent has become liable to pay child support maintenance at the nil rate, or another rate which means that the variation cannot be taken into account; or
ii
the decision as to the maintenance calculation has been replaced with a default maintenance decision under section 12(1)(b) of the 1991 Act; and
b
the non-resident parent has subsequently become liable to pay a rate of child support maintenance which can be adjusted to take account of the variation by virtue of a decision under section 16(1B) or 17 of the 1991 Act.
2
Where this regulation applies and the Secretary of State is satisfied, on the information or evidence available, that there has been no material change of circumstances relating to the variation since the date from which the variation ceased to have effect, the Secretary of State may, when making the decision referred to in paragraph (1)(b), take into account the effect of the variation upon the amount of liability for child support maintenance notwithstanding the fact that an application has not been made.
PART 6 MEANING OF TERMS IN THE 1991 ACT
Meaning of “child” for the purposes of the 1991 Act
76
The prescribed condition for the purposes of section 55(1) of the 1991 Act (that is the condition that must be satisfied if a person who has attained the age of 16 but not the age of 20 is to fall with the meaning of “child”) is that the person is a qualifying young person as defined in section 142(2) of the Social Security Contributions and Benefits Act 1992 .
Relevant other child outside Great Britain
77
For the purposes of paragraph 10C(2)(b) of Schedule 1 to the 1991 Act (which provides for other descriptions of relevant other children to be prescribed) “relevant other child” includes a child, other than a qualifying child, in respect of whom the non-resident parent or the non-resident parent’s partner would receive child benefit, but in respect of whom they do not do so, solely because the conditions set out in section 146 of the Social Security Contributions and Benefits Act 1992 (persons outside Great Britain) are not met.
Persons who are not persons with care
78
1
The following categories of person are not persons with care for the purposes of the 1991 Act —
a
a local authority;
b
a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 22C(2) or 23(5) of that Act ;
c
in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 .
2
In paragraph (1) —
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be;
“family” means a family other than a family defined in section 93(1) of the Children (Scotland) Act 1995.
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
20th October 2012
SCHEDULE
APPEALS: PROCEDURAL MATTERS
Regulation 33
Appeal against a decision which has been replaced or revised
1
1
An appeal against a decision of the Secretary of State does not lapse where —
a
the decision is treated as replaced by a decision under section 11 or section 28F(5) of the 1991 Act ; or
b
is revised under section 16 of that Act before the appeal is determined,
and the decision as replaced or revised is not more advantageous to the appellant than the decision before it was replaced or revised.
2
Where sub-paragraph (1) applies, the appeal must be treated as though it had been brought against the decision as replaced or revised.
3
The appellant has a period of one month from the date of notification of the decision as replaced or revised to make further representations as to the appeal.
4
Subject to sub-paragraph (5), after the expiration of the period specified in sub-paragraph (3), or within that period if the appellant consents in writing, the appeal to the First-tier Tribunal must proceed.
5
The appeal shall lapse where, in the light of the further representations from the appellant, the decision as replaced or revised as referred to in sub-paragraph (1), is revised, and the new decision is more advantageous to the appellant than the decision before it was replaced or revised as referred to in sub-paragraph (1).
Late appeals
2
1
Where a dispute arises as to whether an appeal was brought within the time specified under the Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.
2
The Secretary of State may treat a late appeal as made in time in accordance with the Tribunal Procedure Rules if the Secretary of State is satisfied that it is in the interests of justice to do so.
3
For the purposes of sub-paragraph (2) it is not in the interests of justice to treat the appeal as made in time unless the Secretary of State is satisfied that–
a
the special circumstances specified in sub-paragraph (4) are relevant; or
b
some other special circumstances exist which are wholly exceptional and relevant,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in the Tribunal Procedure Rules.
4
For the purposes of sub-paragraph (3)(a), the special circumstances are that —
a
the appellant or a partner or dependant of the appellant has died or suffered serious illness;
b
the appellant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
5
In determining whether it is in the interests of justice to treat the appeal as made in time regard must be had to the principle that the greater the amount of time that has elapsed between the expiration of the time limit under the Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.
6
In determining whether it is in the interests of justice to treat the appeal as made in time no account shall be taken of the following–
a
that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by the Tribunal Procedure Rules); or
b
that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.
Notice of Appeal
3
1
A notice of appeal made in accordance with the Tribunal Procedure Rules and on a form approved by the Secretary of State or in such other form as the Secretary of State accepts, is to be sent or delivered to an appropriate office of the Secretary of State.
2
Except where sub-paragraph (3) applies, where a form does not contain the information required under the Tribunal Procedure Rules the form may be returned by the Secretary of State to the sender for completion in accordance with the Tribunal Procedure Rules.
3
Where it appears that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal to proceed, the Secretary of State may treat the form as satisfying the requirements of the Tribunal Procedure Rules.
4
Where a notice of appeal is made in writing otherwise than on the approved form (“the letter”), and it appears that the letter includes sufficient information to enable the appeal to proceed, the Secretary of State may treat the letter as satisfying the requirements of the Tribunal Procedure Rules.
5
Where the letter does not include sufficient information to enable the appeal to proceed, the Secretary of State may request further information in writing (“further particulars”) from the person who wrote the letter.
6
Where a person to whom a form is returned duly completes and returns the form, if the form is received by the Secretary of State within–
a
14 days after the date on which the form was returned by the Secretary of State, the time for making the appeal shall be extended by 14 days following the date on which the form was returned;
b
such longer period as the Secretary of State may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State.
7
Where a person from whom further particulars are requested duly sends the further particulars, if the particulars are received by the Secretary of State within —
a
14 days after the date on which the Secretary of State’s request was made, the time for making the appeal shall be extended by 14 days following the date of the request;
b
such longer period as the Secretary of State may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State.
8
Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in sub-paragraph (6) or (7) —
a
the Secretary of State must forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to the First-tier Tribunal, and
b
the First-tier Tribunal shall determine whether the form or the letter satisfies the requirements of the Tribunal Procedure Rules.
9
Where–
a
a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with sub-paragraph (6) or (7), and
b
no decision has been made under sub-paragraph (8) at the time the form or the further particulars are received by the Secretary of State, that form or further particulars must also be forwarded to the First-tier Tribunal which must take into account any further information or evidence set out in the form or further particulars.
10
The Secretary of State may discontinue action on an appeal where the notice of appeal has not been forwarded to the First-tier Tribunal and the appellant or an authorised representative of the appellant has given notice that he does not wish the appeal to continue.
Death of a party to an appeal
4
1
In any proceedings, on the death of a party to those proceedings, the Secretary of State may appoint a person to proceed with the appeal in the place of such deceased party.
2
A grant of probate, confirmation or letters of administration in respect of the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under sub-paragraph (1).
3
Where a person appointed under sub-paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the appointment shall be treated as having effect on the day immediately prior to the first day on which such action was taken. |
The Pension Protection Fund (Miscellaneous Amendments) Regulations 2012
By virtue of section 317(2) of the Pensions Act 2004, the Secretary of State is not required to consult any person before making these Regulations as this instrument contains only regulations which are consequential upon amendments made to that Act by paragraphs 1 to 16 of Schedule 4 to the Pensions Act 2011 , and is made before the end of the period of six months beginning with the coming into force of those amendments.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Miscellaneous Amendments) Regulations 2012.
2
They come into force on 23rd July 2012.
3
In these Regulations, “ the Act ” means the Pensions Act 2004.
Amendment of the Pension Protection Fund (Multi-employer Schemes)(Modification) Regulations 2005
2
1
The Pension Protection Fund (Multi-employer Schemes)(Modification) Regulations 2005 are amended as follows.
2
In regulation 6(1) (protected liabilities and assessment periods), in paragraph (b) of the substituted section 131(1) of the Act (protected liabilities), for the words “as calculated in the Board ’s valuation of the relevant section of the scheme under section 143” substitute “as determined by the Board or as calculated in the Board’s valuation of the relevant section of the scheme under section 143”.
3
In regulation 8 (valuation of assets) —
a
for paragraph (1), substitute–
1
Section 143 of the Act (Board’s obligation to obtain valuation of assets and protected liabilities) shall be modified in its application to a section of a segregated scheme to which regulation 2 applies so that it shall be read as if–
a
for the words “the scheme” in subsection (2)(b), there were substituted the words “the relevant section of the scheme”; and
b
after subsection (2A), there were inserted the following subsection–
2B
Where the trustees or managers of a segregated scheme receive a copy of a notice under subsection (2A), they must send a copy of that notice as soon as practicable to the trustees or managers of each section of the scheme (if different) and to all the employers in relation to the scheme.
.
; and
b
after paragraph (1), insert–
1A
Section 143A of the Act (determinations under section 143) shall be modified in its application to a section of a segregated scheme to which regulation 2 applies so that it shall be read as if–
a
after subsection (1), there were inserted the following subsection–
1A
Where the trustees or managers of a segregated scheme receive a copy of a determination under subsection (1), they must send a copy of that determination as soon as practicable to the trustees or managers of each section of the scheme (if different) and to all the employers in relation to the scheme.
; and
b
for the words “a scheme” in subsection (3), there were substituted the words “the relevant section of a scheme”.
.
4
In regulation 10(2)(a) ( reconsideration and duty to assume responsibility for a scheme following reconsideration), in paragraph (b) of the substituted section 152(2) of the Act (duty to assume responsibility following reconsideration), for the words “as calculated in the valuation of the relevant section of the scheme” substitute “as determined by the Board or calculated in the valuation of the relevant section of the scheme”.
5
In regulation 11 (closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities) after paragraph (4), insert–
5
Section 158 of the Act (duty to assume responsibility for closed schemes) shall be modified in its application to a section of a segregated scheme to which regulation 2 applies so that it shall be read as if, after subsection (3A), there were inserted the following subsection–
3B
Where the trustees or managers of a section of a segregated scheme receive a notice from the Board under subsection (3A), they must send a copy of that notice as soon as practicable to the trustees or managers of each section of the scheme (if different) and to all the employers in relation to the scheme.
.
.
6
In regulation 23 (valuation of assets) —
a
for paragraph (1), substitute–
1
Section 143 of the Act (Board’s obligation to obtain valuation of assets and protected liabilities) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if–
a
for the words “the scheme” in subsection (2)(b), there were substituted the words “the relevant section of the scheme”; and
b
after subsection (2A), there were inserted the following subsection–
2B
Where the trustees or managers of a multi-employer section of a segregated scheme receive a copy of a notice under subsection (2A), they must send a copy of that notice as soon as practicable to all the employers in relation to that section of the scheme and to the trustees or managers of each section of the scheme (if different).
.
; and
b
after paragraph (1), insert–
1A
Section 143A of the Act (determinations under section 143) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if–
a
after subsection (1), there were inserted the following subsection–
1A
Where the trustees or managers of a multi-employer section of a segregated scheme receive a copy of a determination under subsection (1), they must send a copy of that determination as soon as practicable to all the employers in relation to that section of the scheme and to the trustees or managers of each section of the scheme (if different).
; and
b
for the words “a scheme” in subsection (3), there were substituted the words “the relevant section of a scheme”.
.
7
In regulation 25 (reconsideration, closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities), after paragraph (6), insert —
7
Section 158 of the Act (duty to assume responsibility for closed schemes) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, after subsection (3A), there were inserted the following subsection–
3B
Where the trustees or managers of a multi-employer section of a segregated scheme receive a notice from the Board under subsection (3A), they must send a copy of that notice as soon as practicable to all the employers in relation to that section of the scheme and to the trustees or managers of each section of the scheme (if different).
.
.
8
In regulation 28(4)(b)(iv) (application and effect), after “administration of the section” insert —
; and
c
Part 2 of the Act shall be read as if section 143A were omitted
.
9
After regulation 37 (Board to act as creditor of the employer), insert —
Ill health pensions
37A
1
Section 141 of the Act (effect of a review) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if–
a
in subsection (4) the words “a determination under section 143(2)(a) or” were omitted; and
b
in subsection (5)(a) the words “makes a determination under section 143(2)(a) or” were omitted.
2
Section 142(1) of the Act (sections 140 and 141: interpretation) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if, for the words “143(2)(b)” in the definition of “scheme valuation” there were substituted the word “143”.
.
10
In regulation 38 (valuation of assets) —
a
for paragraph (1)(b), substitute–
b
for subsection (2), there were substituted the following subsection–
2
For the purposes of determining whether the condition in subsection (2)(a) of the section in question is satisfied, the Board must, as soon as reasonably practicable, obtain an actuarial valuation of the section as a whole and of the segregated part as at the relevant time.
;
;
b
after paragraph (1)(b), insert–
ba
subsection (2A) were omitted;
bb
for the words “a determination made under subsection (2)(a) or an actuarial valuation obtained under subsection (2)(b)” in subsection (4), there were substituted the words “this section”;
bc
subsection (5C) were omitted;
bd
in subsection (6), the words “for the purposes of an actuarial valuation obtained under subsection (2)(b)” were omitted;
;
c
in paragraph (1)(c), omit “and”;
d
after paragraph (1)(c), insert–
ca
in subsection (9)–
i
for the words “requires a determination to be made, or an”, there were substituted the words “requires the”, and
ii
the words “the determination or” were omitted;
cb
for the words “requires a determination to be made, or an” in subsection (10), there were substituted the words “requires the”;
;
e
in paragraph (1)(d), after paragraph (i) insert–
ia
the words “makes a determination under subsection (2)(a) or” in paragraph (b)(ii) were omitted; and
;
f
for paragraph (2)(a) substitute —
a
for the words “obtains a valuation in respect of a scheme under section 143(2)(b)” in subsection (1), there were substituted the words “obtains a valuation or a further valuation in respect of the section as a whole and of the segregated part under section 143”; and
; and
g
for paragraph (3)(a), substitute–
a
for the words “a valuation obtained under section 143(2)(b) is not binding” in subsection (1), there were substituted the words “a valuation or a further valuation obtained under section 143 of the section as a whole and of the segregated part is not binding”;
.
11
In regulation 40 (reconsideration) for paragraph (1), substitute —
1
Section 151 of the Act (application for reconsideration) shall be modified in its application to a segregated part to which regulation 28 applies, so that it shall be read as if —
a
for the words “the determination made by the Board or valuation obtained by the Board in respect of the scheme under section 143(2)” in subsections (2)(b) and (3)(b) there were substituted the words “the valuation obtained by the Board under section 143 in respect of the segregated part”;
b
the words “determination or” in paragraphs (a)(ii) and (b)(ii) of subsection (6) were omitted;
c
in the definition of “protected benefits quotation” in subsection (8), from the words “in relation to a scheme” to “the reconsideration time” there were substituted–
in relation to a segregated part of a multi-employer section of a segregated scheme, means a quotation for one or more annuities from one or more insurers, being companies willing to accept payment in respect of the members of the segregated part from the trustees or managers of the scheme, which would provide in respect of each member of the segregated part from the reconsideration time
; and
d
for the words “under section 143(2)(b)” in subsection (10), there were substituted the words “under that section”.
.
12
In regulation 41 (closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets) —
a
after paragraph (2)(a), insert–
aa
the words “determination made by the Board or” in subsection (5)(b), were omitted;
; and
b
after paragraph (5), insert–
6
Section 158 of the Act (duty to assume responsibility for closed schemes) shall be modified in its application to a segregated part to which regulation 28 applies so that it shall be read as if–
a
for subsection (3), there were substituted the following subsection–
3
For the purposes of determining whether the condition in subsection (1) is satisfied, the Board must, as soon as reasonably practicable, obtain an actuarial valuation (within the meaning of section 143) of the segregated part as at the relevant time.
;
b
subsection (3A) were omitted;
c
in subsection (5)–
i
for the words “a determination made under subsection (3)(a) and a valuation obtained under subsection (3)(b)” there were substituted the words “a valuation obtained under subsection (3);
ii
for the words “a determination made under section 143(2)(a) and a valuation obtained under section 143(2)(b)” there were substituted the words “a valuation obtained under section 143”; and
iii
paragraph (aa) were omitted; and
d
in subsection (6)–
i
“, 143A” were omitted; and
ii
paragraph (aa) were omitted.
.
13
In regulation 42 (transfer notices and assumption of responsibility for a scheme), after paragraph (1)(b) insert —
ba
for the words “determination made or valuation obtained under section 143(2)” in subsection (3), there were substituted the words “valuation obtained under section 143”;
bb
in subsection (4) the words “determination made or” were omitted;
.
14
In regulation 45(4)(b)(iv) (application and effect), after “administration of the segregated part” insert —
; and
c
Part 2 of the Act shall be read as if section 143A were omitted
.
15
After regulation 53 (Board to act as creditor of the employer), insert —
Ill health pensions
53A
1
Section 141 of the Act (effect of a review) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if–
a
in subsection (4) the words “a determination under section 143(2)(a) or” were omitted; and
b
in subsection (5)(a) the words “makes a determination under section 143(2)(a) or” were omitted.
2
Section 142(1) of the Act (section 140 and 141: interpretation) shall be modified in its application to a segregated part to which regulation 45 applies, so that it shall be read as if for the words “143(2)(b)” in the definition of “scheme valuation” there were substituted the word “143”.
.
16
In regulation 54 (valuation of assets) —
a
for paragraph (1)(b), substitute–
b
for subsection (2) there were substituted the following subsection–
2
For the purposes of determining whether the condition in subsection (2)(a) of the section in question is satisfied, the Board must, as soon as reasonably practicable, obtain an actuarial valuation of the section as whole and of the segregated part as at the relevant time.
;
;
b
after paragraph (1)(b), insert —
ba
subsection (2A) were omitted;
bb
for the words “a determination made under subsection (2)(a) or an actuarial valuation obtained under subsection (2)(b)” in subsection (4), there were substituted the words “this section”;
bc
subsection (5C) were omitted;
bd
in subsection (6), the words “for the purposes of an actuarial valuation obtained under subsection (2)(b)” were omitted;
;
c
in paragraph (1)(c), omit “and”;
d
after paragraph (1)(c), insert —
ca
in subsection (9)–
i
for the words “requires a determination to be made, or an”, there were substituted the words “requires the”; and
ii
the words “the determination or” were omitted;
cb
for the words “requires a determination to be made, or an” in subsection (10), there were substituted the words “requires the”;
;
e
in paragraph (1)(d), after paragraph (i) insert–
ia
the words “makes a determination under subsection (2)(a) or” in paragraph (b)(ii) were omitted; and
;
f
for paragraph (2)(a) substitute —
a
for the words “obtains a valuation in respect of a scheme under section 143(2)(b)” in subsection (1), there were substituted the words “obtains a valuation or a further valuation in respect of the section as a whole and of the segregated part under section 143”; and
; and
g
for paragraph (3)(a), substitute–
a
for the words “a valuation obtained under section 143(2)(b) is not binding” in subsection (1), there were substituted the words “a valuation or a further valuation obtained under section 143 of the section as a whole and of the segregated part is not binding”;
.
17
In regulation 56 (reconsideration), for paragraph (1) substitute —
1
Section 151 of the Act (application for reconsideration) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if —
a
for the words “the determination made by the Board or the valuation obtained by the Board in respect of the scheme under section 143(2)” in subsections (2)(b) and (3)(b), there were substituted the words “the valuation obtained by the Board under section 143 in respect of the segregated part”;
b
the words “determination or” in paragraphs (a)(ii) and (b)(ii) of subsection (6) were omitted;
c
in the definition of “protected benefits quotation” in subsection (8), from the words “in relation to a scheme” to “the reconsideration time” there were substituted–
in relation to a segregated part of a non-segregated scheme, means a quotation for one or more annuities from one or more insurers, being companies willing to accept payment in respect of members of the segregated part from the trustees or managers of the scheme, which would provide in respect of each member of the segregated part from the reconsideration time
; and
d
for the words “under section 143(2)(b)” in subsection (10), there were substituted “under that section”.
.
18
In regulation 57 (closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets) —
a
after paragraph (2)(a), insert–
aa
the words “determination made by the Board or” in subsection (5)(b), were omitted;
; and
b
after paragraph (5), insert —
6
Section 158 of the Act (duty to assume responsibility for closed schemes) shall be modified in its application to a segregated part to which regulation 45 applies so that it shall be read as if–
a
for subsection (3), there were inserted the following subsection–
3
For the purposes of determining whether the condition in subsection (1) is satisfied the Board must, as soon as reasonably practicable, obtain an actuarial valuation (within the meaning of section 143) of the segregated part as at the relevant time.
;
b
subsection (3A) were omitted;
c
in subsection (5)–
i
for the words “a determination made under subsection (3)(a) and a valuation obtained under subsection (3)(b)” there were substituted the words “a valuation obtained under subsection (3);
ii
for the words “a determination made under section 143(2)(a) and a valuation obtained under section 143(2)(b)” there were substituted the words “a valuation obtained under section 143”; and
iii
paragraph (aa) were omitted; and
d
in subsection (6)–
i
“, 143A” were omitted; and
ii
paragraph (aa) were omitted.
.
19
In regulation 58 (transfer notices and assumption of responsibility for a scheme), after paragraph (1)(b) insert —
ba
for the words “determination made or valuation obtained under section 143(2)” in subsection (3), there were substituted the words “valuation obtained under section 143”;
bb
in subsection (4) the words “determination made or” were omitted;
.
20
In regulation 68 (valuation of assets) after “Sections” insert “143A(4)(c) (Determinations under section 143),”.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
3
1
Regulation 24 of the Pension Protection Fund (Entry Rules) Regulations 2005 is amended as follows.
2
For paragraph (1)(a) substitute —
a
either–
i
a protected benefits quotation in relation to the scheme, or
ii
written evidence which shows that the trustees or managers of the scheme have taken all reasonable steps to obtain a protected benefits quotation but were unable to do so, and
.
3
In paragraph (2) —
a
in sub-paragraph (f), after “binding valuation notice” insert “under section 145(3) or a binding determination notice under section 143A(4)”; and
b
in sub-paragraphs (h) and (i), insert at the beginning “where the application is accompanied by a protected benefits quotation,”.
Amendment of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
4
1
The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005 are amended as follows.
2
In regulation 3 (time for making an application for a review decision) —
a
in paragraph (1)(a)–
i
after “an application concerning”, insert “the issue of a determination under section 143(2)(a) or”, and
ii
after “trustees or managers of the scheme provide”, insert “a summary of the determination or”;
b
after paragraph (3)(d), insert–
da
the issue of–
i
a determination under section 143(2)(a) (whether condition in section 127(2)(a) or 128(2)(a) satisfied); or
ii
a notice under section 143(2A) (whether Board will make a determination or obtain an actuarial valuation);
;
c
in paragraph (3)(j), omit “or”; and
d
after paragraph (3)(j), insert–
ja
the issue of–
i
a determination under section 158(3)(a) (whether condition in section 158(1) satisfied); or
ii
a notice under section 158(3A) (whether Board will make a determination or obtain an actuarial valuation); or
.
3
In regulation 15(3) (time for making an application to reconsider) —
a
after sub-paragraph (d), insert–
da
the issue of–
i
a determination under section 143(2)(a) (whether condition in section 127(2)(a) or 128(2)(a) satisfied); or
ii
a notice under section 143(2A) (whether Board will make a determination or obtain an actuarial valuation);
;
b
in sub-paragraph (i), omit “or”; and
c
in sub-paragraph (j) after “(closed schemes)”, insert–
; or
k
the issue of–
i
a determination under section 158(3)(a) (whether condition in section 158(1) satisfied); or
ii
a notice under section 158(3A) (whether Board will make a determination or obtain an actuarial valuation).
.
4
In the table in the Schedule (interested person) —
a
after paragraph 7A, insert–
7B Paragraphs 7B and 7C 7B The trustees or managers of the scheme. 7C Paragraph 7D 7C(a) the trustees or managers of the scheme; and
(b) the members of that scheme or, where a member has died, any person entitled to present payment of a pension by reason of rights under the scheme in respect of a deceased member.
;
b
omit paragraph 8; and
c
after paragraph 12, insert–
12A Paragraphs 14A, 14B and 14C 12A The trustees or managers of the scheme.
.
Amendment of the Pension Protection Fund (Valuation) Regulations 2005
5
1
The Pension Protection Fund (Valuation) Regulations 2005 are amended as follows.
2
In regulation 1(2) (commencement, citation and interpretation) —
a
in the definition of “appropriate person”, after “section 143(11)(a)(ii) of the Act” insert “, in the case of a section 143 determination, means the Board”;
b
after the definition of “restricted information”, insert —
“section 143 determination” means a determination by the Board under section 143(2)(a) of the Act;
;
c
for the definition of “section 143 valuation”, substitute —
“section 143 valuation” means an actuarial valuation under section 143(2)(b) of the Act;
; and
d
after the definition of “section 143 valuation”, insert —
“section 152 determination” means a determination by the Board for the purposes of section 152(2B) of the Act;
“section 152(10A) valuation” means a valuation under section 152(10A) of the Act;
“section 158 determination” means a determination by the Board under section 158(3)(a) of the Act;
.
3
After regulation 2 (provision of actuarial valuation to determine scheme underfunding), insert —
Section 143 determinations
2A
1
This regulation applies where the Board is making a section 143 determination in respect of an eligible scheme.
2
The Board must determine the value of the assets and protected liabilities of that scheme —
a
by using the information contained in the most recent section 179 valuation or an appropriate alternative actuarial valuation;
b
by updating that information in accordance with the statement issued by the Board under section 143(5C) of the Act; and
c
in accordance with regulations 3(a) and (c), 4, 6(1)(a) and (2), and 7(1) to (4)(c).
3
In this regulation —
“an appropriate alternative actuarial valuation” means a written valuation of the scheme’s assets and liabilities prepared and signed by the actuary; and
“the actuary” means–
the actuary appointed under section 47(1)(b) of the Pensions Act 1995 (professional advisers) in relation to the scheme, or
a person who is a Fellow of the Institute and Faculty of Actuaries.
.
4
In regulations 3(a) and (c) (excluded assets) and 6(1)(a) (valuation of protected liabilities), after “section 143” insert “determination or section 143”.
5
In regulation 4 (contribution notices, financial support directions and restoration orders) after “prior to the date that” insert “the determination is made or”.
6
In regulation 7 (alternative valuation of assets and protected liabilities in specific cases) —
a
in paragraphs (1) and (2), after “section 143” insert “determination or a section 143”;
b
in paragraph (4) omit “a section 143 valuation”;
c
in paragraphs (4)(a), (b) and (c) insert at the beginning “a section 143 determination or a section 143 valuation,”;
d
in paragraph (4)(a) after “in accordance with” insert “the statement issued by the Board under section 143(5C) of the Act or”;
e
in paragraph (4)(b)–
i
after “the date” insert “the determination is made under section 143(2)(a) of the Act or the date”; and
ii
in paragraph (ii) after “section 143” insert “determination or section 143”;
f
in paragraph (4)(c)(ii), after “in accordance with” insert “a statement issued by the Board under section 143(5C) of the Act or”; and
g
in paragraphs (4)(d) and (e) insert at the beginning “a section 143 valuation,”.
7
After regulation 7 (alternative valuation of assets and protected liabilities in specific areas), insert —
Application of these regulations to applications for reconsideration and by closed schemes
7A
1
Regulations 2A, 3(a) and (c), 4, 6(1)(a) and (2), and 7(1) to (4)(c) apply in relation to a section 152 determination and a section 158 determination as they apply in relation to a section 143 determination.
2
In the application of regulation 2A to section 152 determinations and section 158 determinations, the reference in paragraph (2)(a) to the most recent section 179 valuation is to be read as a reference to the most recent section 143 or section 179 valuation.
3
Regulations 3 to 7 apply in relation to a section 152(10A) valuation as they apply in relation to a section 143 valuation.
4
In the application of regulations 5 and 7 to section 152(10A) valuations —
a
the references to “relevant accounts” are to be read as references to “audited scheme accounts as defined in section 151(8) of the Act”; and
b
the references to “appropriate person” are to be read as references to “person who is a Fellow of the Institute and Faculty of Actuaries”.
.
8
After regulation 9 (form and content of section 143 valuation and notice), insert —
Form and content of section 143A notice of determination
9A
Where a section 143 determination becomes binding, the notice which the Board must issue under section 143A(4) shall be in writing and shall contain the following information —
a
the name or type of notice issued;
b
the date on which the notice is issued;
c
the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;
d
a statement that the section 143 determination has become binding;
e
the name of the employer in relation to the scheme in respect of which the notice is issued; and
f
whether the notice issued by the Board contains any restricted information and, if so, the nature of the restriction.
.
Amendment of the Pension Protection Fund (Provision of Information) Regulations 2005
6
1
Schedule 2 to the Pension Protection Fund (Provision of Information) Regulations 2005 (Information to be Provided by Trustees or Managers) is amended as follows.
2
In paragraph 1(1) —
a
before the definition of “hybrid scheme”, insert —
“determination” means a determination made by the Board under section 143(2)(a);
“determination summary” means, in relation to each member of the scheme, a summary of the determination which contains–
a summary of the overall assets and liabilities of the scheme;
details of how that member’s entitlement to compensation would be calculated if the Board assumed responsibility for the scheme;
details of any information the Board holds on that member’s pensionable service and accrued rights;
where there is a pension in payment to that member at the assessment date, the annual amount of that pension; and
a statement describing how an application may be made to the Board for the review of the determination, how it will be considered and the Board’s powers on making a review decision;
; and
b
in the definition of “valuation”, for “143” substitute “143(2)(b)”.
3
In the table in paragraph 1(2), after the fourteenth row insert–
Where the scheme is not a hybrid scheme, a multi-employer scheme or a partially guaranteed scheme, all members. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination. Where the scheme is a hybrid scheme, all members other than those who receive only money purchase benefits. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination. Where the scheme is a multi-employer scheme, all members who are in the section of the scheme to which the determination relates. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination. Where the scheme is a partially guaranteed scheme, all members who are in the unsecured part of the scheme. A copy of the determination summary. The period of 28 days beginning on the day on which the trustees or managers receive a copy of the determination.
.
Amendment of the Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005
7
In regulation 3(2) of the Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005 (time for making a reference) —
a
after sub-paragraph (e), insert–
ea
the issue of–
i
a notice under section 143(2A) of the Act (whether Board will make a determination or obtain an actuarial valuation); or
ii
a determination under section 143(2)(a) of the Act (whether condition in section 127(2)(a) or 128(2)(a) satisfied);
;
b
in sub-paragraph (l), after “(closed schemes)”, insert —
; or
m
the issue of–
i
a notice under section 158(3A) of the Act (whether Board will make a determination or obtain an actuarial valuation); or
ii
a determination under section 158(3)(a) of the Act (whether condition in section 158(1) satisfied).
.
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005
8
In regulation 1(3) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 (citation, commencement and interpretation) , for the definition of “PPF valuation” substitute —
“PPF valuation” means an actuarial valuation obtained under section 143(2)(b) (valuation of assets and protected liabilities);
.
Amendment of the Pension Protection Fund (Closed Schemes) Regulations 2007
9
In regulation 3(1) of the Pension Protection Fund (Closed Schemes) Regulations 2007 (obtaining of actuarial valuations of closed schemes) —
a
in the definition of “the relevant period”, for “actuarial valuation of the scheme under section 143” substitute “Board’s determination under section 143(2)(a) or actuarial valuation of the scheme under section 143(2)(b)”; and
b
omit the definition of “section 143 valuation”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
28th June 2012 |
The Stamp Duty Land Tax (Amendment to the Finance Act 2003) Regulations 2012
The Treasury, in exercise of the powers conferred by sections 50(2) and (3) of the Finance Act 2003 , make the following Regulations:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Amendment to the Finance Act 2003) Regulations 2012 and come into force on 19th July 2012.
2
These Regulations have effect in relation to land transactions with an effective date (within the meaning of Part 4 of the Finance Act 2003) on or after the day these Regulations come into force.
Amendment of the Finance Act 2003
2
The Finance Act 2003 is amended as follows.
3
In Schedule 17A (further provisions relating to leases), in paragraph 10(1)(h), for “Council Regulation ( EC ) No 1782/2003 ” substitute “Council Regulation (EC) No 73/2009 ”.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury.
27th June 2012 |
The Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2012
In making this Order the Secretary of State has followed the procedure specified in the Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003 .
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2012.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of schools
3
1
The schools listed in column (1) of Schedule 1 are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of Schedule 1 is specified in relation to that school in column (2).
Revocations
4
The instruments listed in column (1) of Schedule 2 with the references specified in column (2) are revoked to the extent specified in column (3).
P S A Jones
Deputy Director
Department for Education
21st December 2012
SCHEDULE 1
Schools having a religious character
Article 3
(1) (2) Name and postcode of school Relevant religion or religious denomination
Barnet Focus School - Barnet Campus, N20 9EQ Plymouth Brethren Christian Church Buckinghamshire Focus School - Stoke Poges Campus, SL2 4QA Plymouth Brethren Christian Church Cambridgeshire Focus School - Cambridge Campus, CB22 3BF Plymouth Brethren Christian Church Central Bedfordshire Focus School - Dunstable Campus, LU5 4QL Plymouth Brethren Christian Church Cheshire East Focus School - Crewe Primary Campus, CW1 4PP Plymouth Brethren Christian Church Coventry Focus School - Coventry Campus, CV6 4LX Plymouth Brethren Christian Church Derbyshire Focus school - Long Eaton Campus, NG10 4HR Plymouth Brethren Christian Church East Riding of Yorkshire Focus School - Cottingham Campus, HU16 4DD Plymouth Brethren Christian Church Essex Focus School - Colchester Primary Campus, CO7 7JG Plymouth Brethren Christian Church Gloucestershire Focus School - Berkeley Campus, GL13 9RS Plymouth Brethren Christian Church Focus School - Gloucester Campus, GL4 3DB Plymouth Brethren Christian Church Hampshire Focus School - Eastleigh Primary Campus, SO50 9JJ Plymouth Brethren Christian Church St Columba Church of England Primary Academy, PO15 6LL Church of England Harrow Focus School - Harrow Primary Campus, HA1 2JL Plymouth Brethren Christian Church Hertfordshire Focus School - Cheshunt Primary Campus, EN8 9NQ Plymouth Brethren Christian Church Kent Focus School - Linton Park Campus, ME17 4HT Plymouth Brethren Christian Church Lambeth Rann Horizon School, SW4 7JR Christian Lancashire Focus School - Hornby Campus, LA2 8LH Plymouth Brethren Christian Church Leeds Focus School - Boston Spa Campus, LS23 6DW Plymouth Brethren Christian Church Middlesborough Focus School - Middlesborough Campus, TS3 8BT Plymouth Brethren Christian Church Norfolk Focus School - Swaffham Campus, PE37 7XD Plymouth Brethren Christian Church Northamptonshire Focus School - Northampton Primary Campus, NN3 3LF Plymouth Brethren Christian Church Nottinghamshire Worksop College Preparatory School, DN22 8HX Church of England Oxfordshire Oxford Christian School, OX3 8JT Christian Plymouth Focus School - Plymouth Campus, PL5 1HL Plymouth Brethren Christian Church Reading Trinity Christian School, RG2 7AG Christian Rotherham Focus School - Bramley Campus, S66 8QN Plymouth Brethren Christian Church Somerset Focus School - Yeovil Primary Campus, BA20 2EQ Plymouth Brethren Christian Church Staffordshire Focus School - Stafford Primary Campus, ST16 3EA Plymouth Brethren Christian Church Stockport Focus School - Stockport Campus, SK4 2AA Plymouth Brethren Christian Church Suffolk Focus School - Ipswich Campus, IP1 6AR Plymouth Brethren Christian Church Surrey Focus School - Hindhead Campus, GU26 6SJ Plymouth Brethren Christian Church Sutton Focus School - Carshalton Campus, SM5 4AZ Plymouth Brethren Christian Church Waltham Forest Alpha Preparatory School, E17 3JJ Christian West Sussex Focus School - Pulborough Campus, RH20 1DJ Plymouth Brethren Christian Church Wiltshire Focus School - Wilton Campus, SP2 0JE Plymouth Brethren Christian Church Windsor and Maidenhead The King’s School, Windsor, SL4 3AQ Christian Wokingham Focus School - Reading Primary Campus, RG2 8QA Plymouth Brethren Christian Church
SCHEDULE 2
Revocations
Article 4
(1)Regulations revoked (2) References (3) Extent of revocation
The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 3) Order 2003 S.I. 2003/3328 In the Schedule, the entry in relation to Ranby House School The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 3) Order 2004 S.I. 2004/577 In the Schedule, the entries in relation to Wellgrove Education Centre, The Sceptre School, Willowview Education Centre, Copsewood Education Centre, Eastbrook Education Trust, Brownberrie Education Trust, The Parrs Training Centre, Tamar Education Trust, Larchcroft Education Trust and Three Counties Education Trust The Designation of Schools Having a Religious Character (Independent Schools) (England) (England) (No 4) Order 2004 S.I. 2004/1378 In the Schedule, the entries in relation to Beechwood Education Trust and Elsworth House Education Centre The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 5) Order 2004 S.I. 2004/2089 In the Schedule, the entries in relation to Northmoor Education Trust and Whinfield Study Trust The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 6) Order 2004 S.I. 2004/2986 In the Schedule, the entry in relation to Prospect Education Trust The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2006 S.I. 2006/1533 In the Schedule, the entries in relation to Sefton Park School, Allbrook School SO50 4LW, Linton Park School, Moordale Academy, Surrey Hills School, Ashton Park School and Tisbury School The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 2) (Order) 2008 S.I. 2008/2340 In the Schedule, the entry in relation to Breckland Park School The Designation of Schools Having a Religious Character (Independent Schools) (England) (No 4) Order 2010 S.I. 2010/3031 In the Schedule, the entry in relation to Highview School |
The Wireless Telegraphy (Control of Interference from Apparatus) (The London Olympic Games and Paralympic Games) Regulations 2012
The Secretary of State, in accordance with section 54(7) of that Act, has approved the making by OFCOM of these Regulations.
Citation, commencement and extent
1
These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Apparatus) (The London Olympic Games and Paralympic Games) Regulations 2012 and shall come into force on 23rd July 2012.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Interpretation
3
In these Regulations —
“apparatus” means any finished appliance or combination of appliances made commercially available as a single functional unit, intended for the end user and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance and which generates, or is designed to generate, or is liable to generate fortuitously, electromagnetic energy at frequencies not exceeding 3,000 gigahertz and includes —
components or sub-assemblies intended for incorporation into an apparatus by an end-user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;
mobile installations defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations;
“essential requirements” means the requirements set out in regulations 4(1) and 4(2)(a) of the Electromagnetic Compatibility Regulations 2006 ;
“protection area” means, a circular area surrounding an Olympic or Paralympic sports venue which —
is named in column 1 of the Schedule; and
has a centre point at the location (expressed by latitude and longitude coordinates) in columns 2 and 3 (in the same row of the Schedule as the name) and a radius of the distance specified in column 4 (also in the same row of the Schedule as the name).
Requirement
4
The requirement to be complied with, for the purposes of section 54(1) of the Wireless Telegraphy Act 2006 in the case of apparatus which is to be used, is set out in regulation 5.
Use of Apparatus during the London Olympic Games and Paralympic Games
5
1
The requirement is that between 26th July 2012 and 10th September 2012 apparatus must when in use operate at a sufficiently low intensity of electromagnetic energy such that it does not cause undue interference with wireless telegraphy used for public safety purposes within a protection area.
2
The requirement applies even if the maximum intensity of electromagnetic energy emitted by that apparatus is lower than a level permissible under the essential requirements.
Radio Equipment and Telecommunications Terminal Equipment
6
These Regulations do not apply to apparatus covered by Directive 1995/5/ EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity .
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
11th June 2012
I approve the making of these Regulations by the Office of Communications
Jeremy Hunt
Secretary of State for Culture, Olympics, Media and Sport
Department for Culture, Media and Sport
11th June 2012
SCHEDULE
Regulation 3
Column 1
Protection area name
Column 2
Latitude
Column 3
Longitude
Column 4
Distance
London 51:30:14N 0:7:42W 35km Eton Dorney 51:29:35.148N 0:39:44.535W 25km Hampden Park 55:49:31.718N 4:15:2.717W 25km Millennium Stadium 51:28:42.16N 3:10:52.289W 25km Old Trafford 53:27:47.128N 2:17:25.234W 25km St. James’ Park 54:58:31.902N 1:37:14.562W 25km Lee Valley White Water Centre 51:41:14.802N 0:0:53.935W 25 km Weymouth and Portland 50:36:21.637N 2:24:33.404W 25km City of Coventry Stadium 52:26:50.723N 1:29:44.211W 25km Hadleigh Farm 51:54:67N 0:59:91:14W 25km |
The Community Interest Company (Amendment) Regulations 2012
In accordance with section 62(4) and (5) of that Act, a draft of this Instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1
These Regulations may be cited as the Community Interest Company (Amendment) Regulations 2012 and come into force on 1st October 2012.
Community interest company report
2
1
The Community Interest Company Regulations 2005 are amended as follows.
2
In regulation 29 omit “sections 441 to 448 and 451 to 453 (filing obligations);”.
3
After regulation 29 insert —
Delivery of community interest company report to the registrar of companies
29A
1
The directors of a community interest company must deliver to the registrar of companies for each financial year a copy of the community interest company report.
2
For these purposes, sections 441 to 443, 445(1) and (5), 446(1) and (3), 447(1) and (3) and 451 to 453 of the 2006 Act apply to a community interest company report as they apply to a directors’ report.
3
Sections 444(1) and (6) and 444A(1) and (3) apply to a community interest company report as they apply to a directors’ report with the following modifications —
a
section 444(1) has effect as if the directors of a community interest company subject to the small companies regime must deliver a copy of the community interest company report for each financial year to the registrar; and
b
section 444A(1) has effect as if the directors of a community interest company which is entitled to the small companies exemption in relation to the directors’ report for a financial year must deliver a copy of the community interest company report for that year to the registrar.
.
Transitional Provision
3
Regulation 2 applies to community interest company reports for financial years ending on or after 1st October 2012.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
10th September 2012 |
The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2012
Representative organisations have been consulted in accordance with section 57(12) of that Act.
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2012 and come into force on 1st April 2012.
Amendment of Regulations
2
1
The Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 are amended as follows.
2
The following substitutions are made in the Schedule —
a
in relation to fee number (i), in column 3, “£254” for “£250”;
b
in relation to fee number (ii), in column 3, “£397” for “£391”;
c
in relation to fee number (iii), in column 3, “£397” for “£391”;
d
in relation to fee number (iv), in column 3, “£68” for “£66”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
7th February 2012 |
The Teachers’ Pensions (Amendment) (No. 2) Regulations 2012
In accordance with section 9(1) of that Act, these Regulations are made with the consent of the Treasury .
Citation and commencement
1
These Regulations may be cited as the Teachers’ Pensions (Amendment) (No. 2) Regulations 2012 and come into force on 1st October 2012.
Amendments to the Teachers’ Pensions Regulations 2010
2
The Teachers’ Pensions Regulations 2010 are amended in accordance with regulations 3 to 9.
3
In regulation 6 (pensionable employment: general) —
a
after paragraph (1), insert —
1A
In this regulation —
a
paragraphs (2) and (3) apply to a person’s employment before the automatic enrolment date in relation to that person in respect of that employment; and
b
paragraphs (2A) and (3A) apply to a person’s employment on or after the automatic enrolment date in relation to that person in respect of that employment.
;
b
after paragraph (2) insert —
2A
A person’s employment in a capacity mentioned in Part 2 of Schedule 2 is pensionable employment if either —
a
an election made under regulation 10 (election for employment to be pensionable) has effect before the automatic enrolment date; or
b
the employer enrols the person into the Scheme in relation to that employment, and no election under regulation 9 (election for employment not to be pensionable) has effect.
;
c
after paragraph (3) insert —
3A
A person’s employment in a capacity mentioned in Part 3 of Schedule 2 is pensionable employment if either —
a
an election made under regulation 10 (election for employment to be pensionable) has effect before the automatic enrolment date; or
b
the employer enrols the person into the Scheme in relation to that employment, and no election under regulation 9 (election for employment not to be pensionable) has effect.
.
4
In regulation 7 (employment not pensionable: general) —
a
in paragraph (1)(a), for “18” substitute “16”;
b
for paragraph (3), substitute —
The employment of a person who makes an election under regulation 9 (election for employment not to be pensionable) in respect of that employment is not pensionable while the election has effect.
;
c
in paragraphs (7) and (9), after “pensionable employment”, insert “or the person’s employer makes arrangements under section 3(2)(automatic enrolment) or 5(2)(automatic re-enrolment) PA 2008 in respect of that employment.”.
5
In regulation 8 (employment not pensionable: contributions not paid), in paragraph (2), after “Any period of” insert “the”.
6
In regulation 9 (election for employment not to be pensionable) —
a
for paragraph (1), substitute —
A person may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.
;
b
for paragraph (3), substitute —
But —
a
if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and
b
if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of that employment, the election has effect from that date.
;
c
for paragraph (4), substitute —
An election ceases to have effect from the earlier of —
a
the date on which an election under regulation 10 (election for employment to be pensionable) has effect; and
b
the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of the employment.
.
7
In regulation 10(1) (election for employment to be pensionable) —
a
after “under this regulation” insert “in respect of a particular employment” ; and
b
after “Secretary of State” insert “save that a person mentioned in paragraph (2)(b), (2)(c) or (2)(d) may only make an election before the automatic enrolment date in relation to that person in respect of that employment.”.
8
In regulation 11 (backdating elections for employment to be pensionable) —
a
in paragraph (1)(a), after “by a person in” insert “respect of an”;
b
in paragraph (2), after “by a person in” insert “respect of an”;
c
for paragraph (7)(b)(i), substitute —
“any period of any of the person’s opted-out employments, or”.
9
In Schedule 1 (Glossary of expressions) —
a
below “PA 1995” in the “Expression” column, insert “PA 2008”, and below “the Pensions Act 1995” in the “Meaning” column, insert “the Pensions Act 2008 ”;
b
below “appropriate factor” in the “Expression” column, insert “automatic enrolment date”, and below “see regulation 130 (appropriate factor)” in the “Meaning” column, insert “the meaning in section 3(7) PA 2008.”;
c
below “retirement pension” in the “Expression” column, insert “Scheme”, and below “a pension payable under regulation 60 (retirement benefits)” in the “Meaning” column, insert “scheme for the provision of pensions to teachers in England and Wales established under section 9 of SA 1972”.
Nick Gibb
Minister of State
Department for Education
3rd September 2012
We consent
Brooks Newmark
James Dudderidge
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd September 2012 |
The Thurrock Development Corporation (Transfer of Property, Rights and Liabilities) Order 2012
In accordance with section 165B(5) of that Act the Secretary of State has consulted Thurrock Borough Council (being the local authority in whose area the relevant urban development area is situated).
Citation, commencement and interpretation
1
1
This Order may be cited as the Thurrock Development Corporation (Transfer of Property, Rights and Liabilities) Order 2012 and shall come into force on 31st March 2012.
2
In this Order —
“commencement date” means the date on which this Order comes into force;
“the Corporation” means Thurrock Development Corporation; and
“the Council” means Thurrock Borough Council.
Transfer of property, rights and liabilities
2
1
All property rights and liabilities vested in the Corporation on the commencement date are transferred to the Council on that date.
2
Paragraph (1) does not apply to the property, rights and liabilities specified in the retained list.
3
Any property, rights and liabilities remaining vested in the Corporation immediately before the dissolution date are transferred to the Council on that date.
4
In this article a reference to property, rights and liabilities does not include rights and liabilities in relation to a pension scheme established under section 7 of the Superannuation Act 1972 .
5
Nothing in this article transfers to the Council rights and liabilities under a contract of employment.
6
In this article —
“dissolution date” means the date on which the Corporation is dissolved by order under section 166 of the Local Government, Planning and Land Act 1980; and
“retained list” means the document “Property, rights and liabilities retained by Thurrock Development Corporation for the purposes of preparing its final accounts and report and winding up its affairs” dated 23rd February 2012, a copy of which has been deposited in the offices of the Secretary of State .
Transfer of rights and liabilities under contracts of employment
3
1
On the commencement date the rights and liabilities vested in the Corporation under the contracts of employment of the transferring employees are transferred to the Council.
2
The transfer by virtue of paragraph (1) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 .
3
Paragraph (1) does not affect the operation of those Regulations in relation to that transfer.
4
In this article “transferring employee” means any person who, immediately before the commencement date, was employed by the Corporation in one of the posts listed in the Schedule to this Order.
Transfers: further provision
4
A transfer under this Order operates in relation to property, rights and liabilities —
a
whether or not they would otherwise be capable of being transferred;
b
without any instrument or other formality being required; and
c
irrespective of any requirement for consent that would otherwise be required.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
27th February 2012
SCHEDULE
Transferring Employees
Article 3(4)
Director of Planning and Strategy
Personal Assistant to the Director of Planning and Strategy
Assistant Director of Planning and Strategy
Planning Development Officer
Urban Designer
Senior Planning Support and Technical Officer
Planning Support Officer
Assistant Director of Resources
Programme Manager (PRIDe)
Project Support Officer (PRIDe)
Assistant Director of Delivery (Land and Property)
Delivery Manager
Assistant Director of Delivery (Major Projects)
Project Support Officer |
The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2012
This instrument contains only provisions in consequence of an order under section 141 of the Social Security Administration Act 1992 and section 129 of the Social Security Administration (Northern Ireland) Act 1992 .
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2012.
2
These Regulations shall come into force on 6th April 2012 immediately after the coming into force of the Social Security (Contributions) (Re-rating) Order 2012 .
Amendment to the Social Security (Contributions) Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£3.15” substitute “£3.30”.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 2012
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
17th March 2012
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 14th March 2012
Anne McCleary
A senior officer of the Department for Social Development |
The National Health Service Trust Development Authority Regulations 2012
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 29(2) and 272(7) and (8) of, and paragraphs 5 and 13 of Schedule 6 to, the National Health Service Act 2006 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trust Development Authority Regulations 2012 and come into force on 1st June 2012.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“ the Authority ” means the National Health Service Trust Development Authority established by article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 ;
“the chair” means the chairman of the Authority;
“final outcome” in relation to any proceedings where there are rights of appeal, means the outcome of proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“health service body means” —
a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;
the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under, respectively, sections 4, 10, 10A or 12A of the National Health Service (Scotland) Act 1978 ;
the Care Quality Commission ;
the Health Protection Agency ;
the Independent Regulator of NHS Foundation Trusts ;
the Secretary of State;
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ; and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member”, except in regulation 3(1)(d) and (h), (2) and (3), means a member of the Authority, including the chair;
“NHS Injury Benefits Scheme” means any scheme making provision for benefits for health staff in respect of injury or disease and established pursuant to section 10 of the Superannuation Act 1972 , but excluding any scheme making provision for the early payment of a pension, allowance or gratuity in respect of ill-health;
“NHS Pension Scheme” means any scheme making provision for pensions, allowances, gratuities or compensation for premature retirement for health staff and established pursuant to section 10 or section 24 of the Superannuation Act 1972, but excluding the NHS Injury Benefits Scheme;
“non-officer member”, except in regulation 3(1)(j) and (2)(a), means a member who is not an officer of the Authority;
“primary care list” means —
a list referred to in section 159(1)(a) to (e) of the Act ;
a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 1977 as the list existed on or before 31st March 2004;
a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 1977 as the list existed on or before 31st March 2004; or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of members
2
1
The non-officer members must be appointed by the Secretary of State.
2
Subject to regulation 5, the term of appointment of a non-officer member must be such period, not exceeding four years, as the Secretary of State specifies on making the appointment.
3
Subject to regulation 3, a non-officer member is, on the termination of his appointment, eligible for re-appointment as a non-officer member.
4
The Secretary of State must appoint the member who is to be the chief executive of the Authority.
5
Where for any period the person who is the chief executive is suspended from duty as the chief executive of the Authority —
a
that person is also suspended for that period from performing the person’s functions as a member; and
b
any person appointed to act in their place as chief executive is also appointed to perform that person’s functions as a member for that period.
6
The chief executive must appoint the other members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4, a person is disqualified for appointment as a non-officer member if —
a
that person has, within the period of five years immediately preceding the date of the proposed appointment, been convicted —
i
in the United Kingdom of any offence, or
ii
outside of the United Kingdom of any offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part; and
in either case, the final outcome of the proceedings was a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
that person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 , Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (which relate to bankruptcy restrictions orders and undertakings);
c
that person has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
that person is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds —
i
that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that the person should continue to hold that office,
ii
that the person failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings,
iii
that the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which that person had a pecuniary interest, or
iv
of misbehaviour, misconduct or failure to carry out the person’s duties;
e
that person —
i
is subject to a national disqualification by the First-tier Tribunal ,
ii
is subject to a national disqualification under a decision by the National Health Service Tribunal which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ,
iii
has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,
iv
is conditionally included in a primary care list ,
v
is contingently removed from a primary care list ,
vi
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002, or
vii
has been removed from a primary care list on any of the grounds set out in regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers Lists) Regulations 2004 or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
and in this sub-paragraph any reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
that person is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iii
an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
that person has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session),
from being concerned in the management or control of any body;
h
that person is the chairman or another member of the Independent Regulator of NHS foundation trusts;
i
that person is a member of the NHS Pension Scheme unless the person is in receipt of benefits under the Scheme and is no longer eligible to contribute to the Scheme; or
j
that person is the chairman, chief executive or a non-officer member of —
i
another Special Health Authority,
ii
an NHS trust,
iii
a Primary Care Trust, or
iv
a Local Health Board.
2
For the purposes of paragraph (1)(c), a person is not to be treated as having been in paid employment by reason only of that person having been —
a
in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the health service body in question;
b
in the case of an NHS trust, the chairman or a non-executive director of, the NHS trust; or
c
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the NHS foundation trust.
3
In paragraph (2)(a), “non-officer member” means a member of a health service body who is not employed by that body.
Cessation of disqualification
4
1
A person who is disqualified under regulation 3(1)(c) or (g) may, after the expiry of two years beginning on the date of the dismissal or removal, apply in writing to the Secretary of State to have the disqualification removed.
2
Where a person makes an application under paragraph (1), the Secretary of State may direct that the disqualification under regulation 3(1)(c) or (g) is to cease to have effect.
3
Where the Secretary of State refuses an application made by a person under paragraph (1) (“the first application”) no further application may be made by that person before the expiry of the period of two years beginning with the date of the first, or any subsequent, application under that paragraph.
4
Subject to paragraph (5), where a person is disqualified under regulation 3(1)(d), the disqualification is to cease to have effect on the expiry of the period of two years beginning on the date of the termination of the term of appointment, or such longer period as the Secretary of State specifies when the period of office is terminated.
5
Where a person who is disqualified under regulation 3(1)(d) applies to the Secretary of State, the Secretary of State may reduce the period of disqualification which applies in respect of that person.
Termination of term of appointment of non-officer members
5
1
A non-officer member may resign from that office at any time during the term of that member’s appointment by giving notice in writing to the Secretary of State.
2
Where the Secretary of State considers that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the term of appointment of a non-officer member should continue, the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
3
If a non-officer member fails to attend three successive meetings of the Authority the Secretary of State must terminate that member’s appointment with immediate effect unless the Secretary of State is satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be a non-officer member and becomes disqualified for appointment under regulation 3, that person must notify the Secretary of State in writing of such disqualification.
5
If it comes to the notice of the Secretary of State that at the time of a person’s appointment as a non-officer member the person was disqualified under regulation 3, the Secretary of State must declare that the person in question was not duly appointed and must notify that person in writing to that effect.
6
If it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that a person appointed as a non-officer member has, since the appointment, become disqualified under regulation 3, the Secretary of State must notify that person in writing of such disqualification.
7
When a person receives a notification under paragraph (5) or (6), that person’s term of appointment, if any, is terminated with immediate effect and that person is to cease to act as a non-officer member.
8
If it appears to the Secretary of State that a non-officer member has failed to comply with regulation 13, the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
Suspension of non-officer members
6
1
The Secretary of State may suspend a non-officer member from office while the Secretary of State considers whether —
a
to remove the member under regulation 5(2) or (8); or
b
the member has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice to the member of the decision to suspend and the suspension is to take effect on the date on which the notification is received by the member.
3
A notice under paragraph (2) may be —
a
delivered in person to the member, in which case the member is treated as receiving it when it is delivered; or
b
sent by first class post to the member’s last known postal address, in which case the member is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the member’s suspension at any time.
6
The Secretary of State may review the member’s suspension if requested in writing by the member to do so, but need not carry out a review if a period of less than 3 months has elapsed since the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the member’s suspension; or
b
suspend the member for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the member’s suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the member from office under regulation 5(2) or (8);
b
there are such grounds but the Secretary of State is not minded to remove the member from office under those provisions; or
c
the member is not disqualified for appointment under regulation 3.
Appointment of vice-chair
7
1
The members may appoint one of the non-officer members, other than the chair, to be vice-chair for such period, not exceeding the remainder of that person’s term as a member, as they may specify on appointing that person.
2
Any member appointed under paragraph (1) may at any time resign from the office of vice-chair by giving notice in writing to the chair or, if the office of chair is vacant, the members.
3
This regulation does not apply where regulation 8 applies.
Suspension of chair: appointment of vice-chair
8
1
This regulation applies where the chair is suspended under regulation 6.
2
If a vice-chair has been appointed under regulation 7(1) that appointment is to cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chair.
4
The appointment of a vice-chair under paragraph (3) must be for a period not exceeding the shorter of —
a
the period for which the chair is suspended; and
b
the remainder of the non-officer member’s term of appointment as a member.
5
When the period for which a member is appointed as vice-chair expires, the Secretary of State may re-appoint the member, or appoint another non-officer member, as vice-chair.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chair by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) takes effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chair under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member to be vice-chair.
9
If —
a
a person resigns from the office of vice-chair under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chair under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chair under paragraph (3).
Powers of vice-chair
9
1
This regulation applies where —
a
the chair is suspended under regulation 6 and a non-officer member is appointed to be vice-chair under regulation 8; or
b
a non-officer member is appointed to be vice-chair under regulation 7 and —
i
the office of chair is vacant for any reason, or
ii
the chair is unable to perform his duties as chair owing to illness, absence or any other cause.
2
Where this regulation applies —
a
the vice-chair is to act as chair until a new chair is appointed or the existing chair resumes the chair’s duties, as the case may be; and
b
references to the chair in the Schedule are, for so long as there is no chair available to perform the duties of the chair, to be taken to include references to the vice-chair.
Appointment of committees and sub-committees
10
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by the Secretary of State must, appoint committees of the Authority which may consist wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
11
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 10 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
12
1
The meetings and proceedings of the Authority must be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to the rules set out in the Schedule, to regulation 13 and to such directions as may be given by the Secretary of State, the Authority must make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority.
4
Subject to standing orders referred to in paragraph (3), the quorum, proceedings and place of meeting of a committee or sub-committee of the Authority are to be such as the committee or sub-committee may determine.
Disability of members in proceedings on account of pecuniary interest
13
1
This paragraph applies where a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration.
2
Subject to the following provisions of this regulation, where paragraph (1) applies in respect of a member, the member must at the meeting and as soon as practicable after its commencement, disclose that interest and must not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
3
The Secretary of State may, subject to such conditions as the Secretary of State may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the Secretary of State to be in the interests of the health service that the disability should be removed.
4
The Authority may, by standing orders made under regulation 12(2), provide for the exclusion of a member from a meeting of the Authority while any contract, proposed contract or other matter in which the member has a pecuniary interest, direct or indirect, is under consideration.
5
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 2 of Schedule 6 to the Act (pay and allowances) is not to be treated as a pecuniary interest for the purpose of this regulation.
6
Subject to paragraphs (3) and (7), the member must be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
the member, or their nominee, is a director of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
the member is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one is, if known to the other, to be deemed for the purpose of this regulation to be also an interest of the other.
7
A member is not to be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of membership of a company or other body if the member has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which the member is connected as mentioned in paragraph (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence that member in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
8
Where a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body;
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which that person has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation does not prohibit the member from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances the member must nonetheless disclose their interest.
9
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not that person is a member of the Authority) as it applies to a member of the Authority.
10
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
14
The Authority must make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and must furnish to the Secretary of State such information as the Secretary of State may from time to time require.
Public meeting
15
If, under regulation 14, the Secretary of State directs the Authority to make an annual report to the Secretary of State for any particular year or for each year, the Authority must present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by the authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
22nd March 2012
SCHEDULE
RULES AS TO MEETINGS AND PROCEEDINGS OF THE AUTHORITY
Regulation 12(1)
1
The first meeting of the Authority is to be held on such day and at such place as may be fixed by the chair and the chair is responsible for convening the meeting.
2
1
The chair may call a meeting of the Authority at any time.
2
If a requisition for a meeting, signed by at least one third of the total number of members, is presented to the chair and the chair either —
a
refuses to call a meeting; or
b
without so refusing, does not within 21 days after the requisition has been presented to them call a meeting,
those members may immediately call a meeting.
3
In sub-paragraph (2), “the total number of members” means the total number of members excluding the chair or any member suspended under regulation 6.
3
1
Before each meeting of the Authority, other than a meeting called pursuant to rule 2(2), a notice of the meeting which —
a
specifies the principal business proposed to be transacted at it; and
b
is signed by the chair or by an officer of the Authority authorised by the chair to sign on his behalf,
must be delivered to each member, or sent by post to each member’s last known postal address, at least seven clear days before the day of the meeting.
2
The proceedings of any meeting are not invalidated by a failure to deliver such notice to any member.
3
Rule 3(1) does not apply where, in the opinion of the chair, it is necessary to call a meeting without notice.
4
1
At the Authority’s first meeting, the chair must preside.
2
At any meeting of the Authority, other than the Authority’s first meeting, the chair or, in the chair’s absence the vice-chair (if there is one and they are present), must preside.
3
If at any meeting of the Authority, other than the Authority’s first meeting, the chair and any vice-chair are absent, such other non-officer member present as the other members present may choose for the purpose must preside.
5
Every question at a meeting must be determined by a majority of votes of the members present and competent to vote on the question and, in the case of equality of votes, the chair or in their absence, the person presiding at the meeting is to have a second or casting vote.
6
1
Subject to sub-paragraph (2), no business may be transacted at any meeting unless at least two members are present.
2
The chief executive must be present at a meeting of the Authority at which any other officer members are appointed.
7
1
The minutes of the proceedings of a meeting must be drawn up and must be signed at the next ensuing meeting by the person presiding at that next meeting.
2
The names of the members present at a meeting must be recorded in the minutes. |
The Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2012
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union and makes these Regulations in exercise of the powers conferred by that section.
Citation and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2012 and come into force on 1st January 2013.
Amendment of the Common Agricultural Policy Single Payment and Support Schemes Regulations 2010
2
1
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2010 are amended as follows.
2
For regulation 8 substitute —
Additional modulation
8
The rates in the third column of the Schedule are the voluntary modulation referred to in Article 1 of Council Regulation ( EC ) No 378/2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 for the period 2009 to 2012 and the voluntary adjustment referred to in Article 10b of Council Regulation (EC) No 73/2009 for 2013 .
.
3
In the Schedule —
a
in the table headed “Amounts up to and including €5,000” after the row relating to 2012 insert —
2013 0% 14% 14%
;
b
in the table headed “Amounts over €5,000 and up to and including €300,000” after the row relating to 2012 insert —
2013 10% 9% 19%
; and
c
in the table headed “Amounts over €300,000” after the row relating to 2012 insert —
2013 14% 5% 19%
.
Revocation
3
The Common Agricultural Policy Single Payment and Support Schemes (Reductions from Payments) (England) Regulations 2006 are revoked.
David Heath
Minister of State
Department for Environment, Food and Rural Affairs
3rd December 2012 |
The Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012
The Secretary of State, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995 makes the following Regulations in exercise of the powers conferred by sections 85(1)(a) and (b), (3) and (7) and 86(1) of that Act:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012 and come into force on 16th November 2012.
Amendment of the Merchant Shipping (Survey and Certification) Regulations 1995
2
1
The Merchant Shipping (Survey and Certification) Regulations 1995 are amended as follows.
2
In regulation 1 (citation, commencement, interpretation, modification, revocation and supplemental) —
a
for the definition of “the Directive” substitute —
“the Directive” means Directive 2009/45/ EC of 6th May 2009 on safety rules and standards for passenger ships ;
; and
b
after paragraph (3) insert —
3A
references in the Directive to Conventions or Codes in their up to date versions which:
a
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;
b
are considered by the Secretary of State to be relevant from time to time; and
c
are specified in a Merchant Shipping Notice;
have effect in so far as they are so specified.
.
3
After regulation 26 insert —
Review
27
1
The Secretary of State must from time to time —
a
carry out a review of regulations 1 to 26,
b
set out the conclusions of the review in the 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 the 1974 SOLAS Convention is implemented in other states.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by those 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 by a system that imposes less regulation.
4
The first report under this regulation must be published before the end 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Amendment to the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000
3
1
The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 are amended as follows.
2
In regulation 2 (interpretation) —
a
for the definition of “the Directive” substitute —
“the Directive” means Directive 2009/45/EC of 6th May 2009 on safety rules and standards for passenger ships ;
; and
b
after paragraph (2) insert —
2A
references in the Directive to Conventions or Codes in their up to date versions which:
a
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995
b
considered by the Secretary of State to be relevant from time to time
c
specified in a Merchant Shipping Notice;
have effect in so far as they are so specified.
`.
3
In regulation 4 (application) —
a
in paragraph 2(g) delete “subject to paragraph (3) below,”; and
b
delete paragraph (3).
4
In regulation 6 (safety requirements) —
a
in paragraph (3) for “Article 7” substitute “Article 9”; and
b
in paragraph (5) for “Article 7(1)” substitute “Article 9(1)”.
5
In regulation 7 (alternative construction, equipment and machinery) for “Article 7” substitute “Article 9”.
6
After Regulation 10 insert —
Review
11
1
The Secretary of State must from time to time —
a
carry out a review of regulations 2 to 10,
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 the Directive is implemented in other member states.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by those 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
The first report under his regulation must be published before 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Amendment of the Merchant Shipping (High Speed Craft) Regulations 2004
4
1
The Merchant Shipping (High Speed Craft) Regulations 2004 are amended as follows.
2
In regulation 2 (interpretation) —
a
for the definition of “High Speed Craft Code 1994” substitute —
“High Speed Craft Code 1994” means the International Code of Safety for High Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.36(63) of 20th May 1994 and amended by resolutions MSC.119(74), MSC.174(79), MSC.221(82) and MSC.259(84) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
;and
b
for the definition of “High Speed Craft Code 2000” substitute —
“High Speed Craft Code 2000” means the International Code of Safety for High Speed Craft 2000 adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.97(73) of 5th December 2000 and amended by resolutions MSC.175(79), MSC.260(84), MSC.27(85) and MSC.27(85) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; and
in relation to vessels built on or after 1st July 2002 but before 1st July 2008 it includes the amendments contained in paragraphs 1.2.2, 1.81, 1.9.1, 2.7.2, 13.8.2, and 14.15.10 of MSC.222(82); and
in relation to vessels built on or after 1st July 2008, it includes all the amendments contained in MSC.222(82).
.
3
In regulation 3 (application) —
a
after paragraph (2)(g) insert —
h
a passenger ship engaged on domestic voyages in sea areas of class B, C or D when the displacement of that vessel corresponding to the design waterline is less than 500m 3 and the maximum speed of that vessel, as defined in paragraph 1.4.30 of the High Speed Craft Code 1994 or, where applicable, paragraph 1.4.37 of the High Speed Craft Code 2000, is less than 20 knots
;
b
delete paragraph (3).
4
In regulation 7A (safety requirements for persons with reduced mobility) for “Council Directive 98/18/EC ” wherever it appears substitute “Directive 2009/45/EC as amended”.
5
In regulation 10(3) (offences and penalties) after the word “Regulations” the first time it occurs, insert “other than regulation 9(1) and (2)”;and
6
After regulation 12 insert —
Review
13
1
The Secretary of State must from time to time —
a
carry out a review of regulations 2 to 11,
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 the Directive (which is implemented by means of regulations 3 to 11) is implemented in other member states.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by those 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
The first report under his regulation must be published before 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Signed by authority of the Secretary of State for Transport
Stephen Hammond
Parliamentary Under Secretary of State
Department for Transport
18th October 2012 |
The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 537A(1) and (2) and 569(4) of the Education Act 1996 .
Citation and commencement
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2012 and come into force on 1st January 2013.
Amendment of the Education (Information About Individual Pupils)(England) Regulations 2006
2
1
The Education (Information About Individual Pupils)(England) Regulations 2006 are amended as follows.
2
In regulation 3A (provision of information relating to pupil referral units by local authorities) for “Schedule 1” substitute “Schedules 1 and 2A”.
3
After regulation 4 insert —
4A
Within fourteen days of receiving a request from the Secretary of State, the governing body of a school (including a special school) maintained by a local authority, which —
a
provides full-time education suitable to the requirements of pupils over compulsory school age; and
b
provides full-time education suitable to the requirements of pupils of compulsory school age,
shall provide to the Secretary of State such of the information referred to in Schedule 2A to these Regulations as is so requested.
.
4
In regulation 5 (provision of information by non-maintained special schools, city technology colleges, city colleges for the technology of the arts and Academies to the Secretary of State) for “Schedules 1 and 2” substitute “Schedules 1, 2 and 2A”.
5
After Schedule 2 (provision of information about the learning aims of individual pupils) insert —
SCHEDULE 2A
Provision of information about pupils awarded bursaries
Regulations 3A, 4A and 5
1
In respect of each pupil who is or was —
a
on the school’s register during such period as is specified in the request for information in the twelve months preceding that request; and
b
aged 16 or over and under 20 as at the 31st August prior to the request from the Secretary of State,
whether the pupil has been awarded a bursary.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
19th July 2012 |
The Immigration (Jersey) Order 2012
Her Majesty, in exercise of the powers conferred upon Her by section 63(3) of the Immigration, Asylum and Nationality Act 2006 and section 170(7) of the Immigration and Asylum Act 1999 , is pleased, by and with the advice of Her Privy Council, to make the following Order:
Citation, commencement and interpretation
1
1
This Order may be cited as the Immigration (Jersey) Order 2012 and shall come into force seven days after the day on which it is registered by the Royal Court of Jersey .
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999; and
“Jersey” means the Bailiwick of Jersey.
3
For the purposes of construing provisions of the 1971 Act as part of the law of Jersey, any reference to an enactment which extends to Jersey shall be construed as a reference to that enactment as it has effect in Jersey.
Extension and modification
2
Sections 31, 32, 34 and 39 of the Immigration, Asylum and Nationality Act 2006 shall extend to Jersey subject to the exceptions and modifications specified in the right-hand column of Schedule 1.
3
Section 18 of the 1999 Act shall be modified in its extension to Jersey as specified in Schedule 2.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1
Exceptions and modifications of sections 31, 32, 34 and 39 of the Immigration, Asylum and Nationality Act 2006 as they extend to Jersey
Article 2
Provision Exceptions and Modifications
Section 31
(provision of information to immigration officers)
(amending paragraphs 27 and 27B of Schedule 2 to and section 27 of the 1971 Act)
for “United Kingdom” in each place it occurs, substitute “Bailiwick of Jersey”;
in subsection (2) —
in the substituted subparagraph (2), for “Secretary of State may by order require” substitute “Lieutenant-Governor may by directions require”;
in the substituted subparagraphs (3) and (5), for “An order” substitute “Directions”;
at the end of the substituted subparagraph (5)(b), insert “and”;
for the substituted subparagraph 5(c), substitute “may require information to be provided to the immigration officer or as the immigration officer directs.”; and
omit the substituted subparagraph (5)(d); and
in subsection (3), in the inserted subparagraph (9A) after the word “specified” insert “by the Lieutenant-Governor”.
Section 32
(passenger and crew information: police powers)
for “United Kingdom”, in each place it occurs, substitute “Bailiwick of Jersey”;
in subsection (2), for “constable of the rank of superintendent or above” substitute “police officer of the rank of chief inspector or above”;
for subsection (4), substitute —
4
A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes.
;
in subsection (5)(a), for “by order of the Secretary of State” substitute “by Order of the Minster for Home Affairs”;
for subsection 5(b), substitute —
b
“police purposes” means any of the following —
i
the prevention, detection, investigation or prosecution of criminal offences;
ii
safeguarding national security;
iii
such other purposes as may be specified by Order of the Minister for Home Affairs,
;
for subsection (5)(c), substitute —
c
“police officer” means a member of the States of Jersey Police Force, and
d
“ship” includes —
i
every description of vessel used in navigation, and
ii
hovercraft.
;
in subsection (7) —
for “The Secretary of State may make an order” substitute “The Minister for Home Affairs may make an Order”; and
for “(within the meaning of the Human Rights Act 1998 (c 42) )” substitute “(within the meaning of the Human Rights (Jersey) Law 2000)”;
in subsection (8) —
for “order” substitute “Order”;
at the end of subsection 8(b), insert “and”;
at the end of subsection 8(c), for “,” substitute “.”; and
omit subsections (8)(d) and (e); and
after subsection (8), insert —
9
The Subordinate Legislation (Jersey) Law 1960 shall apply to Orders under subsection (5).
Section 34
(Offence)
in subsection (1), “omit or 33(2)”;
omit subsection (2);
in subsection (3), omit “on summary conviction”;
in subsection (3)(a), for “not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “not exceeding 6 months”; and
for subsection (4) substitute —
4
In subsection (3) the reference to the standard scale means the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines)(Jersey) Law 1993.
.
Section 39
(Disclosure to law enforcement agencies)
in subsection (1) —
for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”; and
omit “or 33”; and
for paragraph (a), substitute —
a
a police force in the United Kingdom;
;
in subsection (2), for “the United Kingdom”, in each place it occurs, substitute “the British Islands”; and
omit subsection (3).
SCHEDULE 2
Modification of section 18 of the Immigration and Asylum Act 1999 in its extension to Jersey
Article 3
1
In section 18 of the 1999 Act (passenger information), in the inserted paragraph 27B(2), after “that information to the officer” insert “or as the officer directs”. |
The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 164(1)(f) and (2) of the Finance Act 2004 , and now exercisable by them :
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2012 and shall come into force on 6th April 2012.
2
These Regulations shall have effect in relation to payments made on or after 6th April 2012.
Amendment of the Registered Pension Schemes (Authorised Payments) Regulations 2009
2
1
The Registered Pension Schemes (Authorised Payments) Regulations 2009 are amended as follows.
2
After regulation 11 (De minimis rule for pension schemes), insert —
11A
1
A payment to a member by a pension scheme which is not a public service pension scheme or an occupational pension scheme in respect of an arrangement under that scheme if —
a
the member has reached the age of 60;
b
the payment does not exceed £2,000;
c
the payment extinguishes the member’s entitlement to benefits under the arrangement; and
d
the condition in paragraph (2) is satisfied.
2
The condition is that the member has not previously received more than one payment under this regulation.
.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
27th February 2012 |
The Iran (European Union Financial Sanctions) (Amendment No.2) 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 and commencement
1
These Regulations may be cited as the Iran (European Union Financial Sanctions) (Amendment No.2) Regulations 2012 and come into force on 22nd November 2012.
Amendments to the Iran (European Union Financial Sanctions) Regulations 2012
2
The Iran (European Union Financial Sanctions) Regulations 2012 are amended as follows.
3
In regulations 3(3), 6(2) and 7(3), for “regulation 9” substitute “regulations 8A and 9”.
4
In regulations 4(2) and 5(3), for “8 and 9” substitute “8, 8A and 9”.
5
After regulation 8, insert the following —
Exemptions
8A
1
The prohibitions in regulations 3 to 7 do not apply to an act or transaction carried out in relation to an entity listed in Annex IX to the Council Regulation —
a
where —
i
the listed entity holds rights derived from an original award before 27 October 2010, by a sovereign Government other than Iran, of a production sharing agreement as referred to in Article 39 of the Council Regulation, and
ii
the act or transaction relates to the listed entity’s participation in that agreement; or
b
which —
i
is necessary for the execution, until 31 December 2014, of an obligation arising from a contract referred to in Article 12(1)(b) of the Council Regulation, and
ii
has been authorised by the Treasury.
.
Anne Milton
Stephen Crabb
Two of the Lords Commissioners of Her Majesty’s Treasury
20th November 2012 |
The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2012
In accordance with section 4A(8) of that Act the Treasury have consulted, where they think it appropriate, the Scottish Ministers, the Department for Finance and Personnel for Northern Ireland and the Welsh Ministers.
Title, commencement and interpretation
1
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2012.
2
This Order comes into force on 29th January 2013.
3
In this Order a reference to a table is a reference to column 2 of a table in the Schedule to the Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2012 .
Amendment to designations
2
1
The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2012 is amended as follows.
2
In each table mentioned in Schedule 1, insert at the appropriate place the bodies which are listed for that table.
3
In each table mentioned in Schedule 2, omit the bodies which are listed for that table.
4
In Table 2 (Department of Health) —
a
for “The Information Centre” substitute “The Health and Social Care Information Centre”, and
b
for “ NHS Commissioning Board” substitute “The National Health Service Commissioning Board”.
5
In Table 4 (Department for Transport) —
a
for “British Transport Police Authority (sSRA)” substitute “British Transport Police Authority”, and
b
for “Passengers’ Council” substitute “Passenger Focus”.
6
In Table 6 (Department for Business, Innovation and Skills), for “RCUK Shared Service Centre” substitute “RCUK Shared Services Centre Limited”.
7
In Table 15 (Department for Culture, Media and Sport) —
a
for “National Museums and Galleries on Merseyside” substitute “National Museums Liverpool”, and
b
for “Science Museum” substitute “Science Museum Group”.
8
In Table 17 (Northern Ireland Office), for “Northern Ireland Parades Commission” substitute “Parades Commission for Northern Ireland”.
Robert Goodwill
Desmond Swayne
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2012
SCHEDULE 1
Bodies to be inserted into Tables
Article 2(2)
Table 1 (Department for Education)
Social Mobility and Child Poverty Commission
Table 2 (Department of Health)
Health Education England
National Health Service Trust Development Authority
NHS Commissioning Board Authority
Table 4 (Department for Transport)
Air Travel Trust
Railway Heritage Committee
Table 6 (Department for Business, Innovation and Skills)
BIS (Postal Services Act 2011) B Company Limited
BIS (Postal Services Act 2011) Company Limited
British Hallmarking Council
Energy Saving Investments L.P.
The NESTA Trust
The Pirbright Institute
UK Energy Efficiency Investments 1 L.P.
UK Green Investment Bank plc
UK Green Sustainable Waste and Energy Investments L.P.
UK Waste Resources and Energy Investments L.P.
Table 8 (Home Office)
College of Policing
Disclosure and Barring Service ( DBS )
Table 9 (Ministry of Justice)
Chief Coroner’s Office
Public Guardian Board
Table 11 (Foreign and Commonwealth Office)
The UK China Forum
Table 13 (Department of Energy and Climate Change)
Dounreay Site Restoration Limited
Research Sites Restoration Limited
Table 15 (Department for Culture, Media and Sport)
Advisory Committee on National Historic Ships
Advisory Committee on the Government Art Collection
Arts Council of England Lottery
BBC Investments Ltd
British Film Institute (Big Screen) Ltd
British Film-Makers Ltd
British Museum Company Ltd
British Museum Ventures Ltd
British Screen Finance Ltd
British Screen Rights Limited
The Caird Fund
Contracts Rights Renewal Adjudicator
Daunus Ltd
DTV Services
English Sports Council Lottery
Equalities and Human Rights Commission
European Co-Production Fund Limited
Freesat (UK ) Ltd
The Greater Manchester Museum of Science and Industry Trust
Heritage Lottery Fund
Hertford House Marketing Limited
Morgan Stanley Gamma Investments
National Film Development Fund
National Maritime Museum Enterprises Ltd
National Museums Liverpool Trading Ltd
National Portrait Gallery Ltd
The Natural History Museum Benevolent Fund
The Natural History Museum Cockayne Fund
The Natural History Museum Special Funds Trust
The Natural History Museum Trading Company
Office of Communications
Office of the Adjudicator - Broadcast Transmission Services
Parliamentary Broadcasting
Radio Joint Audience Research Ltd
Royal Armouries Development Trust
Royal Armouries Trading & Enterprises Ltd
Skillset Sector Skills
Soane Museum Enterprises
UK Sports Lottery
V&A Enterprises Ltd
V&A Holdings Ltd
Wood Lane Nominee 1
Wood Lane Nominee 2
You View TV Ltd
SCHEDULE 2
Bodies to be omitted from Tables
Article 2(3)
Table 1 (Department for Education)
Children’s Workforce Development Council
General Teaching Council for England
The National College for School Leadership Limited
Partnerships for Schools
Qualifications and Curriculum Development Agency
Training and Development Agency for Schools
Young People’s Learning Agency
Table 2 (Department of Health)
Genetics and Insurance Committee
Table 4 (Department for Transport)
Commission for Integrated Transport
Traffic Commissioners/Licensing Authorities
Table 5 (Department for Communities and Local Government)
Bristol and Bath Science Park Estate Management Company Limited
High House Production Park Limited
Infrastructure Planning Commission
Standards Board for England
Tenant Services Authority
Table 6 (Department for Business, Innovation and Skills)
Co2 Sense Ltd
East Kent Spatial Development Co Ltd
Higher Education Policy Institute
MRC Technology Ltd
National Endowment for Science, Technology and the Arts
NESTA Investment Management LLP
NESTA Kinetique LLP
NESTA Partners Ltd
UCT Solutions Limited
University for Industry Charitable Trust
Table 8 (Home Office)
The Commission for Equality and Human Rights
Table 13 (Department of Energy and Climate Change)
Magnox South Limited
National Non-Food Crops Centre
Table 15 (Department for Culture, Media and Sport)
Advisory Council on Libraries
BBC Children in Need Appeal Ltd
Broadcasters’ Audience Research Board Ltd
Caversham Lakes Trust Limited
Children in Need Ltd
English Tourist Authority
Iveagh Bequest
MLA West Midlands: the Regional Council for Museums, Libraries and Archives
Theatres Trust
Table 20 (Cabinet Office)
Civil Service Appeal Board |
The Health Research Authority (Amendment) Regulations 2012
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 272(7) and (8) of, and paragraphs 5 and 13 of Schedule 6 to, the National Health Service Act 2006 .
Citation and commencement
1
These Regulations may be cited as the Health Research Authority (Amendment) Regulations 2012 and come into force on 28th May 2012.
Amendments of the Health Research Authority Regulations 2011
2
1
The Health Research Authority Regulations 2011 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
omit the definitions of “chief officer” and “member”;
b
after the definition of “ the Authority ” insert —
“the chair” means the chairman of the Authority;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“health service body” means —
a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;
the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under, respectively, sections 4, 10, 10A or 12A of the National Health Service (Scotland) Act 1978 ;
the Care Quality Commission ;
the Health Protection Agency ;
the Independent Regulator of NHS Foundation Trusts ;
the Secretary of State;
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ; and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member”, except in regulation 2A(1)(d), (2) and (3), means a member of the Authority, including the chair;
“non-officer member”, except in regulation 2A(2)(a), means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 159(1)(a) to (e) of the Act ;
a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 1977 as the list existed on or before 31st March 2004;
a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 1977 as the list existed on or before 31st March 2004; or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
.
3
For regulation 2 (appointment of members), substitute the following —
Appointment and tenure of office of members
2
1
The non-officer members must be appointed by the Secretary of State.
2
Subject to regulation 2C, the term of appointment of a non-officer member must be such period, not exceeding four years, as the Secretary of State specifies on making the appointment.
3
Subject to regulation 2A, a non-officer member is, on the termination of his appointment, eligible for re-appointment as a non-officer member.
4
The non-officer members, with the agreement of the Secretary of State, must appoint the member who is to be the chief executive of the Authority.
5
The non-officer members and the chief executive must appoint the other members who are officers of the Authority.
.
4
After regulation 2 insert —
Disqualification for appointment
2A
1
Subject to regulation 2B, a person is disqualified for appointment as a non-officer member if —
a
that person has, within the period of five years immediately preceding the date of the proposed appointment, been convicted —
i
in the United Kingdom of any offence, or
ii
outside of the United Kingdom of any offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part, and
in either case, the final outcome of the proceedings was a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
that person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 , Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (which relate to bankruptcy restrictions orders and undertakings);
c
that person has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
that person is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds —
i
that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that the person should continue to hold that office,
ii
that the person failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings,
iii
that the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which that person had a pecuniary interest, or
iv
of misbehaviour, misconduct or failure to carry out the person’s duties;
e
that person —
i
is subject to a national disqualification by the First-tier Tribunal ,
ii
is subject to a national disqualification under a decision by the National Health Service Tribunal which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ,
iii
has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,
iv
is conditionally included in a primary care list ,
v
is contingently removed from a primary care list ,
vi
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002, or
vii
has been removed from a primary care list on any of the grounds set out in regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers Lists) Regulations 2004 , or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
and in this sub-paragraph any reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
that person is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iii
an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual); or
g
that person has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)
from being concerned in the management or control of any body.
2
For the purposes of paragraph (1)(c), a person is not to be treated as having been in paid employment by reason only of that person having been —
a
in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the health service body in question;
b
in the case of an NHS trust, the chairman or a non-executive director of, the NHS trust; or
c
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the NHS foundation trust.
3
In paragraph (2)(a), “non-officer member” means a member of a health service body who is not employed by that body.
Cessation of disqualification
2B
1
A person who is disqualified under regulation 2A(1)(c) or (g) may, on the expiry of the period of two years beginning on the date of the dismissal or removal, apply in writing to the Secretary of State to have that disqualification removed.
2
Where a person makes an application under paragraph (1), the Secretary of State may direct that the disqualification of that person under regulation 2A(1)(c) or (g) is to cease to have effect.
3
Where the Secretary of State refuses an application made by a person under paragraph (1) (“the first application”) no further application may be made by that person before the expiry of the period of two years beginning with the date of the first, or any subsequent, application under that paragraph.
4
Subject to paragraph (5), where a person is disqualified under regulation 2A(1)(d), the disqualification is to cease to have effect on the expiry of the period of two years beginning on the date of the termination of the term of appointment, or such longer period as the Secretary of State may specify when the period of office is terminated.
5
Where a person who is disqualified under regulation 2A(1)(d) applies to the Secretary of State, the Secretary of State may reduce the period of disqualification which applies in respect of that person.
Termination of term of appointment of non-officer members
2C
1
A non-officer member may resign from that office at any time during the term of that member’s appointment by giving notice in writing to the Secretary of State.
2
Where the Secretary of State considers that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the term of appointment of a non-officer member should continue, the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
3
If a non-officer member fails to attend three successive meetings of the Authority the Secretary of State must terminate that member’s appointment with immediate effect unless the Secretary of State is satisfied that —
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be a non-officer member and becomes disqualified for appointment under regulation 2A, that person must notify the Secretary of State in writing of such disqualification.
5
If it comes to the notice of the Secretary of State that at the time of a person’s appointment as a non-officer member the person was disqualified under regulation 2A, the Secretary of State must declare that the person in question was not duly appointed and must notify that person in writing to that effect.
6
If it comes to the notice of the Secretary of State (whether under paragraph (4) or otherwise) that a person appointed as a non-officer member has, since the appointment, become disqualified under regulation 2A, the Secretary of State must notify that person in writing of such disqualification.
7
When a person receives a notification under paragraph (5) or (6), that person’s term of appointment, if any, is terminated with immediate effect and that person is to cease to act as a non-officer member.
8
If it appears to the Secretary of State that a non-officer member has failed to comply with regulation 6 the Secretary of State may terminate that member’s appointment with immediate effect by giving that member notice in writing to that effect.
Suspension of non-officer members
2D
1
The Secretary of State may suspend a non-officer member from office while the Secretary of State considers whether —
a
to remove the member under regulation 2C(2) or (8); or
b
the member has become disqualified for appointment under regulation 2A, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice to the member of the decision to suspend and the suspension is to take effect on the date on which the notification is received by the member.
3
A notice under paragraph (2) may be —
a
delivered in person to the member, in which case the member is treated as receiving it when it is delivered; or
b
sent by first class post to the member’s last known postal address, in which case the member is treated as receiving it on the third day after the day on which it was posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the member’s suspension at any time.
6
The Secretary of State may review the member’s suspension if requested in writing by the member to do so, but need not carry out a review if a period of less than 3 months has elapsed since the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the member’s suspension; or
b
suspend the member for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the member’s suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the member from office under regulation 2C(2) or (8);
b
there are such grounds but the Secretary of State is not minded to remove the member from office under those provisions; or
c
the member is not disqualified for appointment under regulation 2A.
Appointment of vice-chair
2E
1
The members may appoint one of the non-officer members, other than the chair, to be vice-chair for such period, not exceeding the remainder of that person’s term as a member, as they may specify on the making of the appointment.
2
Any member appointed under paragraph (1) may at any time resign from the office of vice-chair by giving notice in writing to the chair or, if the office of chair is vacant, the members.
3
This regulation does not apply where regulation 2F applies.
Appointment of vice-chair when chair is suspended
2F
1
This regulation applies where the chair is suspended under regulation 2D.
2
If a vice-chair has been appointed under regulation 2E(1) that appointment is to cease to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chair.
4
The appointment of a vice-chair under paragraph (3) must be for a period not exceeding the shorter of —
a
the period for which the chair is suspended; and
b
the remainder of the non-officer member’s term of appointment as a member.
5
When the period for which a member is appointed as vice-chair expires, the Secretary of State may re-appoint the member, or appoint another non-officer member, as vice-chair.
6
Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chair by giving notice in writing to the Secretary of State.
7
A notice given under paragraph (6) takes effect —
a
where a date is specified in the notice as that on which the resignation is to take effect, on that date; or
b
in any other case, on the date that the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chair under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member to be vice-chair.
9
If —
a
a person resigns from the office of vice–chair under paragraph (6); or
b
the Secretary of State terminates a person’s appointment as vice-chair under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chair under paragraph (3).
Powers of vice-chair
2G
1
This regulation applies where —
a
the chair is suspended under regulation 2D and a non-officer member is appointed to be vice-chair under regulation 2F; or
b
a non-officer member is appointed to be vice-chair under regulation 2E and —
i
the office of chair is vacant for any reason, or
ii
the chair is unable to perform his duties as chair owing to illness, absence or any other cause.
2
Where this regulation applies —
a
the vice-chair is to act as chair until a new chair is appointed or the existing chair resumes the chair’s duties, as the case may be; and
b
references to the chair in the Schedule are, for so long as there is no chair available to perform the duties of the chair, to be taken to include references to the vice-chair.
.
5
In regulation 3 (appointment of committees and sub-committees), after paragraph (2) insert —
3
Subject to such directions as may be given by the Secretary of State, regulations 2A and 2B apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
.
6
In regulation 8 (public meeting), after paragraph (3) insert —
4
If under regulation 7, the Secretary of State directs the Authority to make an annual report to the Secretary of State for any particular year or for each year, the Authority must present the report at a public meeting held not later than 30 days after the date on which the report was made.
.
7
For the Schedule, substitute the following —
SCHEDULE
RULES AS TO MEETINGS AND PROCEEDINGS OF THE AUTHORITY
Regulation 5(1)
1
1
The chair may call a meeting of the Authority at any time.
2
If a requisition for a meeting, signed by at least one third of the total number of members, is presented to the chair, and the chair either —
a
refuses to call a meeting; or
b
without so refusing, does not within 21 days after the requisition has been presented call a meeting,
those members may immediately call a meeting.
3
In sub-paragraph (2), “the total number of members” means the total number of members excluding the chair or any member suspended under regulation 2D.
4
Before each meeting of the Authority, other than a meeting called pursuant to sub-paragraph (2) a notice of the meeting which —
a
specifies the principal business proposed to be transacted at it; and
b
is signed by the chair or by an officer of the Authority authorised by the chair to sign on his behalf,
must be delivered to each member, or sent by post to each member’s last known postal address, at least seven clear days before the day of the meeting.
5
The proceedings of any meeting are not invalidated by a failure to deliver such notice to any member.
6
In the case of a meeting called under sub-paragraph (2) by members, the notice must be signed by those members and no business other than that specified in the notice may be transacted at the meeting.
2
1
At any meeting of the Authority the chair, or in the absence of the chair the vice-chair (if there is one and that vice chair is present), must preside.
2
If both the chair and any vice-chair are absent, such other non-officer member present as the other members present may choose for the purpose must preside.
3
Every question at a meeting must be determined by a majority of votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chair or, in the chair’s absence, the person presiding at the meeting is to have a second or casting vote.
4
1
Subject to sub-paragraph (2), no business may be transacted at any meeting unless at least two members are present, one of whom must be a non-officer member.
2
The chair and the chief executive must be present at a meeting of the Authority at which any other officer members are appointed.
5
1
The minutes of the proceedings of a meeting must be drawn up and must be signed at the next ensuing meeting by the person presiding at that next meeting.
2
The names of the members present at a meeting must be recorded in the minutes.
.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
17th April 2012 |
The Coroners and Justice Act 2009 (Commencement No. 10) Order 2012
The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred by the Coroners and Justice Act 2009 , on the Lord Chancellor, by section 182(4) and, on the Secretary of State, by sections 176(3) and 182(5) of that Act.
Citation and interpretation
1
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 10) Order 2012.
2
In this Order, “the 2009 Act ” means the Coroners and Justice Act 2009.
Appointed days
2
The following provisions of the 2009 Act shall come into force on 24th September 2012 —
a
section 12 (death of service personnel abroad, investigation in Scotland); and
b
section 50 (amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ).
3
The following provisions of the 2009 Act shall come into force on 8th October 2012, so far as they are not already in force —
a
section 106 (directions to attend through live link);
b
section 107 (answering to live link bail);
c
section 108 (searches of persons answering to live link bail);
d
section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e); and
e
in Schedule 23 (repeals), Part 3 (criminal evidence and procedure).
Signed by the authority of the Lord Chancellor and Secretary of State
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
13th September 2012 |
The Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2012
The Secretary of State for Energy and Climate Change makes regulation 6(1)(a) in exercise of the power conferred on him by section 2(2) of the European Communities Act 1972.
Citation and commencement
1
These Regulations may be cited as the Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2012, and come into force on 14th November 2012.
Interpretation
2
In these Regulations —
“allowances” means Community tradeable emissions allowances;
“auction platform” has the same meaning as in the Auctioning Regulation;
“auction process” has the meaning given in Article 3(16) of the Auctioning Regulation;
“auctioneer” has the meaning given in Article 3(20) of the Auctioning Regulation;
“the Auctioning Regulation” means Commission Regulation ( EU ) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/ EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community ;
“the Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community ;
“emissions” has the meaning given in Article 3(b) of the Directive ;
“Phase II allowances” means allowances which are valid for surrender against emissions occurring before 1st January 2013, and which have not been surrendered before 14th November 2012; and
“Phase III allowances” means allowances under Chapter II (aviation) or Chapter III (stationary installations) of the Directive which are valid for surrender against emissions occurring on or after 1st January 2013.
Persons who may conduct auctions pursuant to the Auctioning Regulation
3
1
For the purpose of the allocation of Phase III allowances by auction process the Treasury may appoint as auctioneer —
a
the Secretary of State, the Scottish Ministers, the Welsh Ministers, the Department of the Environment in Northern Ireland or any other person; or
b
any two or more such persons jointly.
2
The appointment may be made subject to such conditions (including as to fees charged) and limitations as the Treasury see fit.
Appointment of auction platform
4
1
For the purpose of the allocation of Phase III allowances by auction process the Treasury may appoint a person to carry out the functions of the auction platform specified in the Auctioning Regulation.
2
The appointment may be made subject to such conditions (including as to fees charged) and limitations as the Treasury see fit.
Financial provisions
5
1
Subject to any deduction in respect of costs made in accordance with the Auctioning Regulation —
a
any sum received by the Secretary of State as auctioneer in return for the allocation of allowances must be paid into the Consolidated Fund; and
b
any sum received by the Scottish Ministers, the Welsh Ministers, the Department of the Environment in Northern Ireland or any other person as auctioneer in return for the allocation of allowances must be paid to the Treasury.
2
All sums received by the Treasury under paragraph (1)(b) are to be paid into the Consolidated Fund.
Repeal, revocation and saving
6
1
Subject to paragraph (2) —
a
section 16(3) of the Finance Act 2007 is repealed; and
b
the Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2008 are revoked.
2
That section and those Regulations continue to have effect for the purpose of auctioning Phase II allowances.
Stephen Crabb
Mark Lancaster
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 2012
Edward Davey
Secretary of State for Energy and Climate Change
23rd October 2012 |
The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(1)(b), (2)(b) and 65 of the Safeguarding Vulnerable Groups Act 2006 .
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012.
2
In this Order “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Provisions coming into force on 10th September 2012
2
The appointed day for the coming into force of the following provisions of the Act is 10th September 2012 —
a
section 43(6) ;
b
section 43(7) insofar as it is not already in force;
c
section 47(1) to (4) ;
d
section 47(7) insofar as it is not already in force;
e
section 50 (provision of information to supervisory authorities) insofar as it is not already in force.
Provisions coming into force on the day on which section 72 of the Protection of Freedoms Act 2012 comes into force
3
Schedule 7 to the Act (insofar as it is not already in force) comes into force on the day on which section 72 of the Protection of Freedoms Act 2012 is brought into force for the purposes of inserting section 30A into the Act.
Provisions coming into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force
4
The following provisions of the Act come into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force —
a
section 63(2) insofar as it relates to the provisions in Schedule 10 specified in paragraph (b) below;
b
Schedule 10 insofar as it repeals provisions in the Criminal Justice and Court Services Act 2000 , with the exception of the repeal of section 38 of that Act, insofar as those repeals have not already been brought into force.
Saving provision
5
Despite the commencement of the repeal of the provisions in the Criminal Justice and Court Services Act 2000 by virtue of article 4, the following provisions of that Act shall continue to have effect for any person who, at the time those provisions are repealed, is subject to a disqualification order —
a
section 31 (appeals);
b
section 32 (review of disqualification);
c
section 33 (conditions for application under section 32).
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
28th August 2012 |
The Visiting Forces and International Military Headquarters (EU SOFA) (Tax Designation) Order 2012
Her Majesty, in exercise of the powers conferred upon Her by section 303 of the Income Tax (Earnings and Pensions) Act 2003 , section 833 of the Income Tax Act 2007 , section 155 of the Inheritance Tax Act 1984 , by and with the advice of Her Privy Council, makes the following Order —
Citation and commencement
1
1
This Order may be cited as the Visiting Forces and International Military Headquarters ( EU SOFA ) (Tax Designation) Order 2012.
2
This Order shall come into force immediately after the coming into force of the EU SOFA in respect of the United Kingdom.
Interpretation
2
In this Order —
“the EU SOFA” means the Agreement between the member states of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the member states put at the disposal of the European Union to act in this context ;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by the Treaty of Lisbon) .
Designation
3
For the purpose of giving effect to Article 16 of the EU SOFA, each of the countries specified in the First Schedule to this Order, and the international military headquarters specified in the Second Schedule to this Order, are hereby designated for the purposes of —
a
section 303 of the Income Tax (Earnings and Pensions) Act 2003;
b
section 833 of the Income Tax Act 2007 ; and
c
section 155 of the Inheritance Tax Act 1984.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1
Designated countries
Article 3
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
SCHEDULE 2
Designated International Military Headquarters
Article 3
The European Union Operational Headquarters at Northwood. |
The Traffic Management (Southend-On-Sea Borough Council) Permit Scheme Order 2012
The Secretary of State for Transport having approved the Southend-On-Sea Borough Council Permit Scheme under section 34(2) of the Traffic Management Act 2004 makes this Order in exercise of the powers conferred by sections 34(4) and (5) and 39(2) of that Act.
Citation and commencement
1
This Order may be cited as the Traffic Management (Southend-On-Sea Borough Council) Permit Scheme Order 2012 and comes into force on 5th November 2012.
Interpretation
2
In this Order —
“Southend-On-Sea Borough Council Permit Scheme ” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “East of England Common Permit Scheme” which was prepared and submitted to the Secretary of State by Southend-On-Sea Borough Council and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The Southend-On-Sea Borough Council Permit Scheme comes into effect on 5th November 2012.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the Southend-On-Sea Borough Council Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
3rd October 2012
SCHEDULE
SOUTHEND-ON-SEA BOROUGH COUNCIL PERMIT SCHEME
Article 2 |
The Charities (Exception from Registration) (Amendment) Regulations 2012
The Minister for the Cabinet Office makes the following Regulations in exercise of the power conferred by section 30(2)(c) of the Charities Act 2011 :
Citation and commencement
1
These Regulations may be cited as the Charities (Exception from Registration) (Amendment) Regulations 2012 and come into force on 1st September 2012.
Amendment of the Charities (Exception from Registration) Regulations 1996
2
1
The Charities (Exception from Registration) Regulations 1996 are amended as follows.
2
In regulation 4(1) (temporary exception of certain religious charities connected with certain bodies) for “until 1st October 2012” substitute “until 31st March 2014”.
Revocation
3
In the Charities (Exception from Registration) (Amendment) Regulations 2007 regulation 2(a) is revoked.
Nick Hurd
Parliamentary Secretary
Cabinet Office
2nd July 2012 |
The Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012
Citation and commencement
1
These Regulations may be cited as the Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012 and come into force on 25th April 2012.
Revocation
2
The Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2007 are revoked.
Prescribed form
3
A closure notice given pursuant to section 169A of the Licensing Act 2003 (Closure notice for persistently selling alcohol to children) is to be in the form set out in the Schedule.
Lord Henley
Minister of State
Home Office
24th March 2012
SCHEDULE
Regulation 3 |
The Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) (Amendment) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs, in exercise of the power conferred by section 150(8) of the Finance Act 2004 , and now exercisable by them , make the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) (Amendment) Regulations 2012 and come into force on 25th May 2012.
Amendment of the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006
2
1
The Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006 are amended as follows.
2
In regulation 3 (recognised overseas pension schemes: prescribed countries or territories and prescribed conditions) —
a
in the heading for “conditions” substitute “requirements”, and
b
for paragraph (4) substitute —
4
At the time of a transfer of sums or assets which would, subject to these Regulations, constitute a recognised transfer, a pension scheme must satisfy the condition in paragraph (4A) and the rules of that scheme must provide that —
a
at least 70% of the sums transferred will be designated by the scheme manager for the purpose of providing the member with an income for life;
b
the pension benefits (and any lump sum associated with those benefits) payable to the member under the scheme, to the extent that they relate to the transfer, are payable no earlier than they would be if pension rule 1 in section 165 applied; and
c
the scheme is open to persons resident in the country or territory in which it is established.
4A
Where the pension scheme —
a
is established in Guernsey, and
b
is an exempt pension contract or an exempt pension trust within the meaning of section 157E of the Income Tax (Guernsey) Law, 1975 ,
the scheme must not be open to non-residents of Guernsey.
.
Jim Harra
Simon Bowles
Two of the Commissioners for Her Majesty’s Revenue and Customs
3rd May 2012 |
The Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 Order of Council 2012
In accordance with articles 47(1) and 48 of the Nursing and Midwifery Order 2001 such Rules shall not come into force until approved by order of the Privy Council.
Citation and commencement
1
This Order may be cited as the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 Order of Council 2012 and comes into force on 6th February 2012.
Council approval
2
Their Lordships, having taken the Rules contained in the Schedule into consideration, are pleased to and do approve them.
Ceri King
Deputy Clerk of the Privy Council
SCHEDULE
THE NURSING AND MIDWIFERY COUNCIL (FITNESS TO PRACTISE) (AMENDMENT) RULES 2011
The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred by articles 26(3), 30(9), 32(1) and (2) and 47(2) of the Nursing and Midwifery Order 2001 .
In accordance with article 47(3) of that Order, the Nursing and Midwifery Council has consulted representatives of groups of persons who appear likely to be affected by the rules.
Citation and commencement
1
These Rules may be cited as the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 and shall come into force on 6th February 2012.
Amendments to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
2
In the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 , the amendments in rules 3 to 17 have effect.
3
In rule 2 (interpretation) after “initial hearing”, insert —
“interim order” means an interim suspension order or an interim conditions of practice order;
“interim order notice” is the notice mentioned in rule 8(3);
.
4
In rule 3 (notice provisions), for paragraph (2), substitute —
2
The notice of referral shall —
a
be accompanied by any documents relating to the allegation that have not previously been disclosed to the registrant by the Council or a Practice Committee;
b
invite the registrant to make written representations, to be received by the Council no later than 28 days after the date of the notice;
c
unless the allegation is made by virtue of article 22(6) of the Order, inform the registrant that any representations or extracts of any representations received from her may be shown to the person making the allegation for comment; and
d
inform the registrant that further information may be sought from other persons in accordance with article 25(1) of the Order or investigations undertaken to assist the Investigating Committee in carrying out its functions.
.
5
In rule 4 (procedure of the Investigating Committee where the allegation relates to impairment of fitness to practise), for paragraph (2)(a), substitute —
a
shall send to the registrant any information or documents obtained by a person authorised by the Council under article 25(1) of the Order, or by the Committee under article 26(2)(c) of the Order;
aa
shall invite the registrant to make written representations, to be received by the Committee no later than 28 days after the date of sending of the information or documents mentioned in sub-paragraph (a);
ab
shall inform the registrant that any representations received from her may be shown to the maker of the allegation for comment;
.
6
In rule 5 (procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register), in paragraph (9), omit sub-paragraph (h).
7
In rule 6 (notice of decision), in paragraph (2), for “may inform the registrant” substitute “shall inform the registrant”.
8
In rule 8 (notice and procedure) —
a
for paragraphs (1) and (2), substitute —
1
Subject to paragraphs (2) and (6), following referral by the Council under article 22(5), no interim order may be made, varied, replaced or, in a case where article 31(5)(b) of the Order applies, confirmed by a Practice Committee unless it is satisfied that an interim order notice has been served by the Council.
2
No interim order notice shall be required where a Practice Committee has served notice in accordance with rule 5(8) and (9), 11 or 11A has made an order under article 26(7) or 29(5)(a) to (c) of the Order and subsequently proposes to make an interim order under article 31(1)(b) or (c).
;
b
in paragraph (3), in sub-paragraph (c), for “5(9)(a), (c) to (f) and (h)” substitute “5(9)(a) and (c) to (f)”;
c
omit paragraph (5);
d
for paragraph (6), substitute —
6
The Practice Committee may make an interim order notwithstanding the absence of the registrant or the absence of any written representations from the registrant on whether or not an interim order should be made, if the Committee is satisfied that —
a
all reasonable efforts have been made, in accordance with these Rules, to serve the registrant with the interim order notice,
b
in the case that no interim order notice has been served in accordance with paragraph (2), that all reasonable efforts have been made, in accordance with these Rules, to serve the notice of meeting or hearing under rule 11 or rule 11A; or
c
the registrant has informed the Council that she does not wish to appear and be heard on the question whether an interim order should be made.
7
In paragraph (6), reference to the Practice Committee making an interim order includes reference to that Committee revoking, varying, confirming or replacing an interim order in accordance with article 31(7) of the Order.
.
9
In rule 9 (action upon referral of an allegation) —
a
for paragraph (1), substitute —
1
Upon referral of an allegation to the Conduct and Competence Committee or to the Health Committee, that Committee shall notify the registrant of the allegation by serving a notice of referral upon her.
;
b
in paragraph (2) —
i
for sub-paragraph (a), substitute —
a
be accompanied by any documents relating to the allegation that have not previously been disclosed to the registrant by the Council or a Practice Committee;
,
ii
at the end of sub-paragraph (c), omit “and”;
iii
at the end of sub-paragraph (d), insert —
e
inform the registrant that further information or documents may be sought from other persons in accordance with article 25(1) of the Order to assist the Committee in carrying out its functions; and
f
inform the registrant of the Committee’s power to make an interim order under article 31(1)(c) of the Order, and require the registrant to confirm, no later than 28 days after service of the notice, whether she wishes to appear and be heard on the question whether such an order should be made
.
10
In rule 10 (meetings and hearings), in paragraph (3), after sub-paragraph (c), for “at a meeting and the Conduct and Competence Committee or the Health Committee shall decide the procedure to be employed at that meeting” substitute —
and may consider whether to make, vary, replace, revoke or confirm an interim order at a meeting.
4
The Conduct and Competence Committee or the Health Committee shall determine the procedure to be employed at any meeting before it
.
11
In rule 11 (notice of hearing), in paragraph (3) —
a
for sub-paragraph (b), substitute —
b
where the Committee is to consider an allegation at an initial hearing, contain a charge particularising the allegation, which shall set out any alleged facts on which it is based, and be accompanied by copies of any documents in support that have not previously been disclosed to the registrant by the Council or a Practice Committee;
;
b
omit sub-paragraph (i);
c
for sub-paragraph (1) substitute —
1
where the Committee is to consider an allegation at an initial hearing, invite the registrant to state in writing, no later than 28 days after service of the notice, whether any admissions are made in respect of the allegation, and inform her that any admissions made will be taken into account by the Committee; and
.
12
After rule 11 (notice of hearing), insert —
Notice of meeting
11A
1
Where a meeting is to be held in accordance with rule 10(3), the Conduct and Competence Committee or the Health Committee shall send notice of the meeting to the registrant no later than 28 days before the date the meeting is to be held.
2
The notice of meeting shall —
a
contain a charge particularising the allegation, which shall set out any alleged facts on which it is based, and be accompanied by copies of any documents in support that have not previously been disclosed to the registrant by the Council or a Practice Committee;
b
where the Committee is to review an order previously made or consider an application for restoration to the register, contain a copy of the order or striking-off order previously made, and the Committee’s reasons for making that order;
c
inform the registrant of the Committee’s power to make an interim order under article 31(2) of the Order;
d
inform the registrant of the action the Committee may take under article 29 or 30 of the Order, as applicable; and
e
invite the registrant to state in writing, no later than 28 days after service of the notice, whether any admissions are made in respect of the allegation, and inform her that any admissions made will be taken into account by the Committee.
.
13
In rule 13 (notice of decision), rule 14 (referral of allegation from the Conduct and Competence Committee to the Health Committee) and rule 15 (referral of allegation from the Health Committee to the Conduct and Competence Committee), on each occasion the words “the hearing” appear, substitute “the meeting or hearing”.
14
In rule 16 (application of Part 5) —
a
in each of sub-paragraphs (a) and (b), after “when considering”, insert “at a hearing”;
b
in each of sub-paragraphs (a)(i) and (b)(i), omit “at a hearing”.
15
In rule 28 (amendment of the charge), in paragraph (1), before “or the Conduct and Competence Committee”, insert “, the Health Committee”.
16
In rule 32 (postponements and adjournments), in paragraph (5), for “Before adjourning the proceedings”, substitute —
Save where the proceedings relate to the consideration of an interim order, before adjourning the proceedings
.
17
For rule 34 (service of documents), substitute —
Service of documents
34
1
Any notice of hearing required to be served upon the registrant shall be delivered by sending it by a postal service or other delivery service in which delivery or receipt is recorded to, or by leaving it at —
a
her address in the register; or
b
where this differs from, and it appears to the Council more likely to reach her at, her last known address, the registrant’s last known address.
2
If the registrant is represented by a solicitor, professional body or trade union, a copy of the notice served in accordance with paragraph (1) may also be —
a
sent or delivered to the solicitor’s practising address;
b
sent or delivered to the professional body or trade union’s business address; or
c
sent by electronic mail to an electronic mail address of the solicitor, professional body or trade union, where the address has been notified to the Council as an address for communications.
3
Any other notice or document to be served on a person under these Rules may be sent by —
a
ordinary post; or
b
electronic mail to an electronic mail address that the person has notified to the Council as an address for communications.
4
The service of any notice or document under these Rules may be proved by —
a
a confirmation of posting issued by or on behalf of the Post Office, or other postal operator or delivery service;
b
a confirmation of receipt of the notice or document sent by electronic mail; or
c
a signed statement from the person sending by ordinary post or delivering the notice in accordance with this rule.
5
Where any notice or document is sent or otherwise served under these Rules, it shall be treated as having been served —
a
on the day after it was sent by delivery service; or
b
where the notice has been left at an address or sent by electronic mail, on the day on which it was left or sent.
Protection of third party information
35
Nothing in these Rules shall prevent the Council from taking such steps as it thinks fit in order to prevent the disclosure of personal data within the meaning of section 1 of the Data Protection Act 1998 which relates to individuals who are not a party to the proceedings.
.
Given under the official seal of the Nursing and Midwifery Council this 16th day of December 2011.
Tony Hazell
Chair
Jackie Smith
Acting Chief Executive and Registrar |
The Welfare Reform Act 2009 (Commencement No.8) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 61(3) and (4)(a) of the Welfare Reform Act 2009.
Citation
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No.8) Order 2012.
Appointed day
2
1
21st May 2012 is the day appointed for section 3(1) (lone parents) of the Welfare Reform Act 2009 to come into force, for the purpose only of inserting subsection (1A) into section 124 of the Social Security Contributions and Benefits Act 1992 .
2
28th May 2012 is the day appointed for the following provisions of the Welfare Reform Act 2009 to come into force —
a
section 56 (registration of births) in so far as it relates to the entries in Schedule 6 to that Act set out in sub-paragraph (b); and
b
paragraphs 5 to 9, 12(4), 14 and 20 of Schedule 6.
Damian Green
Minister of State
Home Office
10th May 2012 |
The Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012
The Secretary of State for Communities and Local Government makes these Regulations in exercise of the powers conferred by sections 81(1)(b), 81(5) and 235(2)(a) of the Localism Act 2011 .
Citation and commencement
1
These Regulations may be cited as the Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012 and shall come into force on 27th June 2012.
Interpretation
2
In these Regulations references to sections are to sections of the Localism Act 2011.
Requirements for expression of interest
3
The requirements listed in Schedule 1 are specified for the purposes of section 81(1)(b) (requirements for expression of interest).
Excluded services
4
1
Subject to paragraph (2), the services referred to in Schedule 2 are specified for the purposes of section 81(5) (excluded services).
2
Paragraphs 2 and 3 of Schedule 2 cease to have effect on 1st April 2014.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th May 2012
SCHEDULE 1
Requirements for expression of interest
Regulation 3
1
An expression of interest must include the following information and, where the relevant body proposes to deliver the relevant service as part of a consortium or to use a sub-contractor for delivery of any part of the relevant service, the information and evidence referred to in paragraphs 2 and 3 must be given in respect of each member of the consortium and each sub-contractor as appropriate.
2
Information about the financial resources of the relevant body submitting the expression of interest.
3
Evidence that demonstrates that by the time of any procurement exercise the relevant body submitting the expression of interest will be capable of providing or assisting in providing the relevant service.
4
Information about the relevant service sufficient to identify it and the geographical area to which the expression of interest relates.
5
Information about the outcomes to be achieved by the relevant body or, where appropriate, the consortium of which it is a part, in providing or assisting in the provision of the relevant service, in particular —
a
how the provision or assistance will promote or improve the social, economic or environmental well-being of the relevant authority’s area; and
b
how it will meet the needs of the users of the relevant service.
6
Where the relevant body consists of employees as described in section 81(6)(d), details of how that relevant body proposes to engage other employees of the relevant authority who are affected by the expression of interest.
SCHEDULE 2
Excluded services
Regulation 4
1
In this Schedule —
“health services” means services provided as part of the health service in England;
“the health service” means the health service referred to in section 1(1) of the National Health Service Act 2006 ;
“ NHS body” has the same meaning as in regulation 2 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 ;
“Strategic Health Authority” has the same meaning as in section 13 of the National Health Service Act 2006.
2
A relevant service commissioned in conjunction with one or more health services —
a
by a relevant authority or by an NHS body under a partnership arrangement made in accordance with the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000, or
b
by a relevant authority and an NHS body or a Strategic Health Authority, acting jointly.
3
A relevant service commissioned by an NHS body on behalf of a relevant authority.
4
A relevant service commissioned or provided by a relevant authority in respect of a named person with complex individual health or social care needs. |
The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
The Secretary of State for Transport, in exercise of the powers conferred by section 267 of the Merchant Shipping Act 1995 , makes the following Regulations:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.
2
These Regulations come into force on 31st July 2012.
3
The Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 are revoked and any investigation commenced under those Regulations which has not been completed shall continue as if it had been started under these Regulations.
Interpretation
2
1
In these Regulations —
“access” means the process of embarking on or disembarking from a ship, by whatever means employed;
“accident” has the meaning given in regulation 3;
“ the Act ” means the Merchant Shipping Act 1995;
“ Chief Inspector ” means the Chief Inspector of Marine Accidents appointed by the Secretary of State under section 267(1) of the Act, and any Deputy Chief Inspector;
“Council Directive 1999/35/ EC ” means Council Directive 1999/35/EC of 29th April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferries and high speed passenger craft services ;
“Court”, in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland means the High Court , or in the case of judicial proceedings or an application for disclosure in Scotland means the Court of Session;
“Directive vessel” means a vessel covered by the scope of the Directive ;
“the Directive” means Directive 2009/18/EC of the European Parliament and the Council of 23 rd April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and the Council ;
“ EMCIP ” means the European Marine Information Casualty Platform ;
“ IMO ” means the International Maritime Organisation;
“IMO Code” means the Code for the Investigation of Marine Casualties and Incidents annexed to Resolution A.849(2.0) of the IMO Assembly of 27 th November 1997 as amended at the time of the making of these Regulations;
“IMO guidelines” means the Resolution and guidelines on fair treatment of seafarers in the event of a maritime accident ;
“incapacitation” means a person’s inability to undertake their full range of normal activities;
“inspector” means an inspector of marine accidents appointed by the Secretary of State under section 267(1) of the Act and in the context of the safety investigation of a particular accident includes any person appointed to investigate that accident under regulation 11(2);
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“pleasure vessel” means —
any vessel which is —
wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or
owned by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,
and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person , other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion, or
any vessel which is wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club;
and no payments other than those mentioned above are made by or on behalf of the users of the vessel, other than by the owner, and in this definition, “immediate family” means in relation to an individual, the husband, wife or civil partner of the individual, and a brother, sister, ancestor or lineal descendant of that individual or of that individual’s husband, wife or civil partner;
“preliminary assessment” means a preparatory evaluation by the Chief Inspector which is intended to establish the likely causes and circumstances of an accident with a view to deciding whether or not a safety investigation should be undertaken;
“ro-ro ferry” and “high speed passenger craft” shall have the same meaning as those contained in Article 2 of Council Directive 1999/35/EC ;
“safety investigation” means an investigation or inquiry into an accident conducted with the objective of preventing future accidents.
“senior surviving officer” means the senior surviving officer in the deck department and if there is no surviving officer in the deck department; then whoever is the senior surviving officer between —
the senior surviving engineer officer; or
the senior surviving electro-technical officer;
“serious injury” means —
any fracture, other than to a finger, thumb or toe;
any loss of a limb or part of a limb;
dislocation of the shoulder, hip, knee or spine;
loss of sight, whether temporary or permanent;
penetrating injury to the eye;
any injury to a person employed or carried in a ship which occurs on board or during access which results in incapacitation for more than three consecutive days excluding the day of the accident;
any other injury —
leading to hypothermia or unconsciousness,
requires resuscitation, or
requiring admittance to a hospital or other medical facility as an in-patient for more than 24 hours;
“severe pollution” shall have the same meaning as that set out by the IMO ;
“ship’s boat” includes a liferaft, painting punt and any boat normally carried by a ship;
“substantial interest” shall have the same meaning as that set out in paragraph 2.20 of the IMO Code Casualty Related Matters MSC-MEPC.3/circ.2. of 13 th June 2008.
“United Kingdom ship” means a ship registered in the United Kingdom or a ship that is not registered under the law of any State but is eligible for registration in the United Kingdom under the Act;
“voyage data recorder” means the electronic or mechanical equipment which may be installed on a ship to record key navigational and control information.
2
Where a ship is managed by a person other than by the owner (whether on behalf of the owner or some other person, or on their own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
Meaning of “accident”
3
1
Subject to paragraph (2), for the purposes of these Regulations and of section 267 of the Act, “accident” means —
a
a marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving —
i
the death of, or serious injury to, a person;
ii
the loss of a person from a ship;
iii
the loss, presumed loss or abandonment of a ship;
iv
material damage to a ship;
v
the stranding or disabling of a ship, or the involvement of a ship in a collision;
vi
material damage to marine infrastructure external of a ship, that could seriously endanger the safety of the ship, another ship or any individual;
vii
pollution, or the potential for such pollution to the environment caused by damage to a ship or ships, or
b
a very serious marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving —
i
the total loss of a ship;
ii
loss of life;
iii
severe pollution, or
c
a serious marine casualty, which is an event or sequence of events that has occurred directly by or in connection with the operation of a ship but which does not qualify as a very serious marine casualty, that involves —
i
fire;
ii
explosion;
iii
collision;
iv
grounding;
v
contact;
vi
heavy weather damage;
vii
ice damage, or a suspected hull defect;
resulting in any of the following —
aa
the immobilization of the main engines;
bb
extensive accommodation damage;
cc
severe structural damage including penetration of the hull under water rendering the ship unfit to proceed;
dd
pollution;
ee
a breakdown that necessitates towage or shore assistance, or
d
a marine incident, which is an event or sequences of events other than those listed in sub-paragraphs (a) to (c) which has occurred directly in connection with the operation of a ship that endangered, or if not corrected would endanger the safety of a ship, its occupants or any other person or the environment.
2
An accident does not include a deliberate act or omission with the intention to cause harm to the safety of a ship, an individual or the environment.
Application
4
1
These Regulations apply to all accidents involving or occurring on board —
a
any United Kingdom ship, except that regulation 6 does not apply in relation to —
i
a pleasure vessel;
ii
a recreational craft which is hired on a bareboat basis; or
iii
any other craft or boat, other than one carrying passengers, which is in commercial use in a harbour or on an inland waterway and is less than 8 metres overall in length unless, in the case of a craft or boat mentioned in sub-paragraphs (ii) or (iii), the accident involves any of the following —
aa
explosion;
bb
fire;
cc
death;
dd
serious injury;
ee
capsize of a power-driven craft or boat; or
ff
severe pollution; or
b
any other ship within the United Kingdom or United Kingdom waters save that regulations 6, 10(1), 10(2) or 10(3) only apply in relation to such a ship, to which these Regulations apply, if-
i
it is within the jurisdiction of a harbour master or Queen’s harbour master appointed or required to be appointed, under any enactment;
ii
it is employed in carrying passengers to or from a port in the United Kingdom or a place mentioned in sub-paragraph (i); or
iii
an inspector, or other person acting on behalf of the Chief Inspector, requires that any of the evidence mentioned in regulation 10(1) or 10(2) be preserved; or
c
any ship which in the opinion of the Chief Inspector involves the substantial interests of the United Kingdom.
2
A safety investigation may also be held under regulation 8 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or United Kingdom waters , if the Secretary of State so determines.
3
For the purpose of this regulation, “hired on a bareboat basis” means hired without a professional master, skipper or crew.
Objective of a safety investigation
5
1
The sole objective of a safety investigation into an accident under these Regulations shall be the prevention of future accidents through the ascertainment of its causes and circumstances.
2
It shall not be the purpose of such an investigation to determine liability nor, except so far as is necessary to achieve its objective, to apportion blame.
Duty to report accidents and serious injuries
6
1
When an accident occurs the following persons associated with the ship shall notify the Chief Inspector as soon as is practicable following the accident and by the quickest means available —
a
the master or, if the master has not survived, the senior surviving officer; and
b
the ship’s owner unless they have ascertained to their satisfaction that the master or senior surviving officer has reported the accident in accordance with sub-paragraph (a).
2
In addition to any notification made under paragraph (1) the following persons shall notify the Chief Inspector as soon as is practicable and by the quickest means available any accident of which they are aware —
a
in the case of an accident within or adjacent to the limits of any harbour, the harbour authority for that harbour;
b
in the case of an accident on any inland waterway in the United Kingdom, the person, authority or body having responsibility for that waterway; or
c
an official of the MCA in respect of an accident within United Kingdom waters.
3
A person making a notification in accordance with paragraph (1) or (2) must, in so far as is practicable, include the information set out in the Schedule.
4
In addition to making a notification under the preceding paragraphs, the persons specified in paragraphs (1)(a) and (b) and (2) must, so far as is reasonably practicable, ensure that the circumstances of every accident are examined and that a report giving the findings of such examination, stating any measures taken or proposed to be taken to prevent a recurrence, shall be provided to the Chief Inspector as soon as is practicable.
Preliminary assessments
7
1
In the case of a serious marine casualty, in relation to a vessel covered by the Directive, the Chief Inspector must carry out a preliminary assessment in order to decide whether or not to undertake a safety investigation.
2
When carrying out a preliminary assessment the Chief Inspector must take into account, but need not be limited to;
a
the seriousness of the accident;
b
the type of vessel and or cargo involved;
c
the potential for the findings of a safety investigation to lead to the prevention of future accidents.
3
Where the Chief Inspector decides not to undertake a safety investigation into a serious marine casualty in relation to a vessel covered by the Directive, the reasons for that decision shall be recorded and notified to the European Commission.
4
For the purposes of a preliminary assessment the powers in section 259 of the Act shall apply.
Ordering of a safety investigation
8
1
The Chief Inspector must ensure a safety investigation is carried out in relation to any accident that is a very serious marine casualty as regards a vessel covered by the Directive.
2
The Chief Inspector may decide to undertake a safety investigation in relation to an accident that is a serious marine casualty having carried out a preliminary assessment in accordance with regulation 7(1) and (2).
3
The safety investigation shall include but is not limited to —
a
the collection and analysis of evidence;
b
the identification of causal factors, and
c
where appropriate, the making of safety recommendations.
4
The Chief Inspector may carry out a safety investigation in relation to an accident that is a marine casualty.
5
Where the Chief Inspector has received a notification under paragraph (1) or (2) of regulation 6 or a report under paragraph (4) of that regulation, the Chief Inspector must decide whether or not a safety investigation should be carried out and shall publish details of that decision as soon as is reasonably practical, in such manner as is seen fit.
6
Before deciding whether a safety investigation should be carried out and if so, what form it should take, the Chief Inspector may obtain such information as the Chief Inspector considers necessary concerning the accident and any remedial action taken as a result.
7
Any person mentioned in regulation 6(1) or (2), as well as any other person who is in possession of information requested by an inspector for the purposes of paragraph (6), shall provide such information to the best of their ability and knowledge.
8
In the case of an accident to which regulation 3 applies, the Chief Inspector may decide not to carry out a safety investigation if satisfied, or it is otherwise established to the Chief Inspector’s satisfaction, that —
a
any loss of life resulted from suicide or natural causes, or
b
any serious injury resulted from attempted suicide,
and in such circumstances the Chief Inspector may discontinue any safety investigation which has already been commenced.
9
Public notice that a safety investigation has been commenced may be given in such manner as the Chief Inspector may think fit, and may invite any persons who so desire to present relevant evidence to an Inspector in such a manner and within such a time as is specified in the notice.
10
A safety investigation shall be started as promptly as is practicable by the Chief Inspector after an accident occurs, and in any event no later than two months after the Chief Inspector is notified of its occurrence.
Subsequent or reopened investigations
9
1
Notwithstanding a decision not to investigate, the Chief Inspector may at any subsequent time undertake a safety investigation if satisfied that there is a good reason in the interests of future safety to do so.
2
The Chief Inspector may re-open a safety investigation if, following its completion, new and important evidence is discovered which in the Chief Inspector’s opinion could have a material effect on any safety recommendations made.
3
Any safety investigation may be re-opened either in whole or as to any part of it and a re-opened investigation shall be subject to and conducted in accordance with the provisions of these Regulations.
Preservation of evidence
10
1
Following an accident involving a ship to which regulation 4 applies and is reportable under regulation 6, the persons mentioned in paragraph (3) shall so far as is practicable ensure that all —
a
charts;
b
log books;
c
recorded information relating to the period preceding, during and after an accident, howsoever recorded or retained, including information from a voyage data recorder and video recorders; and
d
all documents or other records which might reasonably be considered pertinent to the accident,
are kept and that no alteration is made to any recordings or entries in them.
2
In the case of an accident involving a ship to which regulation 4 applies and is reportable under regulation 6, the persons mentioned in paragraph (3) must also ensure that —
a
all information from a voyage data recorder or recording system relating to the circumstances of an accident is saved and preserved, in particular by taking steps, where necessary to prevent such information from being overwritten; and
b
any other equipment which might reasonably be considered pertinent to the investigation of the accident is so far as practicable left undisturbed.
3
The persons referred to in paragraphs (1) and (2) are —
a
the master or, if the master has not survived, the senior surviving officer, and
b
the ship’s owner, unless the ship’s owner has ascertained to their satisfaction that the master or senior surviving officer has taken the action in question.
4
The duty under paragraph (1) to ensure that documents, information or records are kept and not altered and to ensure under paragraph (2) that information is saved and preserved, or that equipment is left undisturbed continues until —
a
published notification is received from the Chief Inspector that no safety investigation is to take place or that the investigation has been completed;
b
30 days have passed since the Chief Inspector received the report referred to in regulation 6(1) and no notice has been published by the Chief Inspector that it has been decided to investigate the matter; or
c
the Chief Inspector or an inspector carrying out the investigation gives written notification that they are no longer required.
5
Following an accident in United Kingdom waters involving a ship which is not a United Kingdom ship, the persons mentioned in paragraph (3) must comply with the requirements of paragraphs (1) and (2) if required to do so by or on behalf of the Chief Inspector.
6
An inspector may, pending investigation, prohibit persons from gaining access to, or interfering with, any ship, ship’s boat or other equipment involved in an accident.
7
Following an accident, the Chief Inspector may, if it is considered reasonably necessary for the collection or preservation of evidence in connection with any safety investigation, including a preliminary assessment, relating to the accident, require any of the master or, if the master has not survived, the senior surviving officer and the ship’s owner to ensure that a ship is accessible to any inspector engaged in the investigation of such accident, until the process of collecting or preserving evidence has been completed to the inspector’s satisfaction.
8
The Chief Inspector shall not require a ship to which regulations 4(1)(a), (b) or (c) apply to remain in United Kingdom waters any longer than is necessary for the collection or preservation, as the case may be, of the evidence mentioned in paragraph (7) and shall take all reasonable steps to ensure that such evidence is collected or preserved expeditiously.
9
No requirement under paragraph (7) shall be made unless the Chief Inspector has reasonable grounds for concern that if a ship to which regulation 4(1)(a), (b) or (c) applies leaves United Kingdom waters, access to it, to any member of the crew, or to any evidence on board relating to the investigation may subsequently be denied to the Chief Inspector or any inspector conducting such investigation.
Conduct of a safety investigation
11
1
If the Chief Inspector decides in accordance with regulation 8(2) and (4) and (5) that a safety investigation must be carried out, it must be undertaken by one or more inspectors at such times and places and in such manner as appear to them most conducive to achieving the objective set out in regulation 5.
2
The Chief Inspector may also appoint one or more persons who are not inspectors appointed under the Act for the purpose of carrying out an investigation in circumstances where inspectors appointed under the Act are not conveniently available or where the persons appointed have special qualifications or experience, and such persons will have the powers conferred on an inspector by sections 259 and 267(8) of the Act.
3
A safety investigation may extend to cover, but need not be limited to —
a
all events and circumstances preceding the accident together with subsequent events and circumstances;
b
issues involving salvage and pollution connected with the accident;
c
the conduct of search and rescue operations,
if in the opinion of the Chief Inspector they are relevant to future safety.
4
Every person required to attend before an inspector must be allowed the reasonable expenses of attending, payable by the Secretary of State.
5
Any person, not being a solicitor or other professional legal adviser acting solely on behalf of the person required to attend, who —
a
has been allowed by an inspector to be present; or
b
has been nominated to be present by a person required to attend,
at a witness interview before an inspector , may at any time be excluded from being present by the inspector with the agreement of the Chief Inspector, if —
i
both the inspector and Chief Inspector have substantial reason to believe that the person’s presence would hamper the investigation with the result that the objective in regulation 5 is likely to be hindered and future safety thereby endangered; and
ii
the Chief Inspector is satisfied, having regard to all the circumstances, that it is proper to exclude that person.
6
Where a person nominated to be present has been excluded in accordance with paragraph (5), the person required to attend may be entitled to nominate another person to be present at the witness interview in place of the excluded person and paragraph (5) applies to that other person.
7
Any document, record or information mentioned in regulation 10, properly required by an inspector to be produced for the purposes of a safety investigation (whether on board the ship involved or otherwise) may be retained by the inspector until the safety investigation is completed.
8
In relation to any preliminary assessment which the Chief Inspector has conducted under regulation 7 the Chief Inspector must decide, having regard to the objective set out in regulation 5, whether it is appropriate in the circumstances to conduct a safety investigation leading to the publication of a report.
9
Subject to paragraph (10), the Chief Inspector may subsequently decide to discontinue a safety investigation of any accident (whether or not it involves a vessel covered by the Directive) at any time and must make any reasons publicly available.
10
Paragraph (9) will not apply to the safety investigation of an accident involving a vessel covered by the Directive that is —
a
a very serious marine casualty; or
b
a serious marine casualty, where following a preliminary assessment undertaken in accordance with regulation 7(1) and (2) a decision is made to conduct a safety investigation.
11
When the Chief Inspector is conducting a safety investigation into an accident the Chief Inspector must take into account the provisions of the IMO guidelines on the fair treatment of seafarers.
12
An inspector may record a witness interview of any person who is assisting a safety investigation carried out in accordance with these Regulations in any manner that the Chief Inspector considers reasonable.
13
When the Chief Inspector is requested to assist another member State in a safety investigation in which the United Kingdom is not involved then the costs of any such assistance provided must be agreed between them.
Co-operation with other States
12
1
A safety investigation commenced by the Chief Inspector under regulation 8 shall, where appropriate, be conducted in co-operation with,
a
another member State, or
b
another Substantially Interested State.
2
A Substantially Interested State shall be allowed to participate in a safety investigation led by the Chief Inspector at any stage of that investigation by mutual agreement.
3
Where a safety investigation has been commenced, under regulation 12(1) the Chief Inspector and any other States involved shall agree in the shortest possible time —
a
which of them shall lead the safety investigation, and
b
the procedures to be adopted for the purposes of such an investigation.
4
For the purposes of this regulation a Substantially Interested State —
a
has equal rights and access to witnesses and evidence involved in a safety investigation, and
b
any representations that it may make to the lead investigating State must be taken into consideration for the purposes of the safety investigation.
5
For the purposes of this regulation, paragraph (4)(a) shall only apply if the Chief Inspector is satisfied that the Substantially Interested State will comply with the provisions of Article 9 of the Directive.
6
Where a Substantially Interested State has been allowed to participate in a safety investigation and no agreement in accordance with regulation 12(3)(a) has occurred then the Chief Inspector and such other member States or Substantially Interested States, or both shall —
a
conduct parallel safety investigations,
b
exchange evidence and information with each other for the purposes, as far as possible, of reaching shared conclusions, and
c
in the case of two member States conducting parallel safety investigations, notify the European Commission of the reasons for doing so.
7
The Chief Inspector may delegate the whole or any part of a safety investigation to another member State by mutual agreement with the member State.
8
Where an investigation conducted under these Regulations involves a ro-ro ferry or a high-speed passenger craft to which Council Directive 1999/35/EC applies, the Chief Inspector shall enable an EEA State to participate or co-operate in accordance with the IMO Code.
9
When a ro-ro ferry or high-speed passenger craft is involved in an accident in —
a
United Kingdom waters a safety investigation shall be started by the Chief Inspector; or
b
if the accident occurred outside of United Kingdom waters and outside the territorial waters of another member State the Chief Inspector shall start a safety investigation if the United Kingdom was the last point of departure.
10
In the case of an accident to which regulation 12(9)(b) applies the United Kingdom remains responsible for the safety investigation unless it has been agreed with any other substantially interested member State, that the other member State will be responsible for leading the safety investigation.
Disclosure of records
13
1
Subject to the following paragraphs, the names, addresses or other details of anyone who has given evidence to an inspector must not be disclosed.
2
Subject to paragraphs (4) and (7) the following documents or records whether held electronically, mechanically or otherwise must not be made available for purposes other than a safety investigation, unless a Court orders otherwise —
a
subject to paragraph (3), all declarations or statements taken from persons by an inspector or supplied to an inspector in the course of an investigation, together with any notes or recordings of witness interviews;
b
medical or confidential information regarding persons involved in an accident;
c
any report made under regulation 6(4);
d
copies of the report other than the final report except as mentioned in regulation 14(4)(a), (5), or (12);
e
all correspondence received by the Chief Inspector from parties involved in a safety investigation;
f
evidence from voyage data recorders;
g
the notes made by an inspector or person appointed under regulation 11(2), whether written or held electronically along with any recordings or photographs;
h
all communications between persons having been involved in the operation of the ship or ships; and
i
Inspector’s opinions expressed in the analysis of information.
3
A person who has given a declaration or statement to an inspector in the course of a safety investigation may make available a copy of their statement or declaration to another person as they see fit.
4
Any independent technical analysis commissioned by the Chief Inspector and opinions expressed in such analysis may be made publicly available if the Chief Inspector considers it appropriate to do so.
5
Subject to paragraph (6), no order must be made under paragraph (2) unless the Court is satisfied, having regard to the views of the Chief Inspector, that the interests of justice in disclosure outweigh any prejudice, or likely prejudice, to —
a
the safety investigation into the accident to which the document or record relates;
b
any future accident safety investigation undertaken in the United Kingdom; or
c
relations between the United Kingdom and any other State, or international organisation.
6
The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any document or record or part thereof on the ground that disclosure of it would be injurious to the public interest.
7
Copies of information obtained from a voyage recorder or from other recording systems, pertinent to the accident, including voice recordings (other than any recordings mentioned in paragraph (2)(a)), video recordings and other electric or magnetic recordings and any transcripts made from such information or recordings, may be provided at the discretion of the Chief Inspector to the police or other official authorities.
Reports of safety investigations
14
1
Subject to paragraph (4), the Chief Inspector must submit to the Secretary of State a report of any safety investigation conducted in accordance with regulation 11.
2
The Chief Inspector must make every effort to make a report of a safety investigation publicly available —
a
in the shortest possible time or within 12 months of the date of an accident being notified to the Chief Inspector, and
b
in the case of a report to which the Directive applies, if it is not possible to produce such a report within that time, an interim report must be published within 12 months of the date of the accident being notified to the Chief Inspector.
3
A report in relation to an accident to which the Directive applies must contain but need not be limited to —
a
the information set out in Annex 1 of the Directive;
b
conclusions relating to the facts of the evidence;
c
where the facts cannot be clearly established, analysis and professional judgement to determine the probable facts;
d
recommendations for future safety where appropriate.
4
A report must not be made publicly available until the Chief Inspector has —
a
served a notice under this regulation upon any person who, or organisation which, could be adversely affected by the report or, if that person is deceased, upon such person or persons as appear to the Chief Inspector, at the time it is proposed to serve notice in accordance with this paragraph, as best to represent the interests and reputation of the deceased in the matter;
b
considered the representations relating to the facts or analysis contained in the report which may be made to the Chief Inspector in accordance with —
i
paragraph (6) by or on behalf of the persons served with such notice , or
ii
paragraph (7),
and the report must be amended in such manner as the Chief Inspector thinks fit.
5
The notice referred to in paragraph (4)(a) shall be accompanied by a draft copy of the report.
6
The representations referred to in paragraph (4)(b) must be in writing and must be served on the Chief Inspector within 30 days of service of the notice referred to in paragraph (4)(b) or within such further period as may be allowed under regulation 17.
7
When a Substantially Interested State requests the Chief Inspector to supply it with a draft safety investigation report the Chief Inspector must not do so unless that State has agreed, in writing to comply with the provisions of Chapter 13 of the IMO Code .
8
Where the Chief Inspector is of the view that a safety investigation will not have the potential to lead to the prevention of future accidents then a simplified report may be published in such manner as the Chief Inspector thinks fit.
9
For the purposes of regulation 14(2) a report may be published in such manner as the Chief Inspector sees fit.
10
Subject to any Court order under regulation 13, no person shall disclose any information —
a
which has been furnished to them in accordance with paragraph (4) of this regulation; or
b
which has otherwise been furnished to them by or on behalf of the Chief Inspector in advance of the publication of a report and whose confidentiality is protected by regulation 13,
or permit such information to be disclosed, except with the prior consent in writing of the Chief Inspector, to any other person, except to such advisers as are necessary in order to make representations to the Chief Inspector referred to in paragraph (4)(b), and those advisers must be similarly be subject to the duty not to disclose the information or permit it to be disclosed.
11
A copy of the report when made publicly available must be given by the Chief Inspector to —
a
any person who has been served with a notice in accordance with paragraph (4)(a);
b
those persons or bodies to whom recommendations have been addressed in that report;
c
the Secretary of State;
d
the IMO;
e
any person or organisation whom the Chief Inspector considers may find the report useful or of interest; and
f
the European Commission, where the report pertains to Directive vessels or where the Chief Inspector deems it appropriate.
12
Data will be provided to the EMCIP in accordance with the requirements of Article 17 of the Directive.
13
Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to a safety investigation, a draft report may be made available in confidence to the coroner or procurator fiscal by the Chief Inspector.
14
If any part of any document or analysis it contains to which this paragraph applies is based on information obtained in accordance with an inspector’s powers under sections 259 and 267(8) of the Act, that part is inadmissible in any judicial proceedings whose purpose or one of whose purposes is to attribute or apportion liability or blame unless a Court, having regard to the factors mentioned in regulation 13(5)(b) or (c), determines otherwise.
15
For the purposes of paragraph (14) the documents are any publication produced by the Chief Inspector as a result of a safety investigation.
16
For the purposes of these Regulations where any inspector is required to attend judicial proceedings the inspector is not required to provide opinion evidence or analysis of information provided to them, or to provide information obtained in accordance with an inspector’s powers under sections 259 and 267(8) of the Act where the purpose or one of the purposes of those proceedings is to attribute or apportion liability or blame unless a Court, having regard to all the factors mentioned in regulation 13(5)(b) or (c) determines otherwise.
17
In this regulation “judicial proceedings” includes any civil or criminal proceedings before any Court, or person having by law the power to hear, receive and examine evidence on oath.
Publications other than reports of safety investigations
15
1
The Chief Inspector may from time to time publish collective short reports of accidents which have not been the subject of a report published under regulation 14(1).
2
The Chief Inspector may submit a report to the Secretary of State on any matter arising from the Chief Inspector’s analysis of marine accident investigations.
Recommendations
16
1
The Chief Inspector may at any time make recommendations as to how future accidents may be prevented.
2
The actions recommended shall be addressed to those persons who, in the opinion of the Chief Inspector, are most fitted to implement them.
3
Recommendations shall be made publicly available if the Chief Inspector considers that to do so is in the interests of safety or preventing pollution.
4
Any person to whom a recommendation is addressed in accordance with paragraph (2) must, as soon as is reasonably practical —
a
take that recommendation into consideration;
b
send to the Chief Inspector —
i
details of the measures, if any, that they have taken or propose to take to implement recommendations, and the timetable for securing that implementation, or
ii
an explanation as to why the recommendation is not to be the subject of measures to be taken to implement it,
and any details or timetable under (i) or explanation under (ii) must be provided to the Chief Inspector within 30 days following receipt of the recommendation; and
c
give notice to the Chief Inspector if at any time any information provided to the Chief Inspector in accordance with paragraph (4)(b)(i) concerning the measures they propose to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
5
Subject to paragraphs (6) and (7) the Chief Inspector must, annually or at such other intervals as the Chief Inspector sees fit, make information publicly available in respect of the matters, including any explanation, mentioned in paragraphs (4)(b) and (c) which have been communicated to the Chief Inspector and must inform the Secretary of State of those matters.
6
The Chief Inspector must not publish information under paragraph (5) unless notification has been sent to all persons mentioned in the information and the Chief Inspector has considered any representations relating to the information which may have been made in accordance with paragraph (7) by or on behalf of any person so notified, and amended the information in such manner as the Chief Inspector thinks fit.
7
Any representations made in accordance with paragraph (6) must be in writing and must be served on the Chief Inspector within 30 days of receipt of the notification referred to in that paragraph or within such further period as may be allowed under regulation 17.
8
Without prejudice to paragraph (1) if the Chief Inspector is of the view that at any stage of a safety investigation, urgent action is required to be taken so as to prevent the risk of further accidents occurring then the Chief Inspector may inform the European Commission as soon as possible as regards what urgent action should be taken by member States or other States or other relevant parties.
Extension of time
17
1
The Chief Inspector may extend the period of 30 days prescribed in regulation 14(6), if the Chief Inspector considers that there are good reasons to do so having regard to the requirements in regulation 14(2) for a report of a safety investigation to be made available in the shortest time possible.
2
The Chief Inspector may extend the period of 30 days prescribed in regulation 16(4) where the Chief Inspector considers it appropriate to do so.
3
The powers under this regulation may be exercised not withstanding that the prescribed period has expired.
Service of documents
18
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given —
a
by delivering it to that person;
b
by leaving it at their usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
c
by sending it to them by post at that address; or
d
by sending it to them by facsimile, or other means which produces a document containing a text of the communication, or by electronic mail in which event the document shall be regarded as having been served when it is sent.
Penalties
19
1
A person is guilty of an offence if —
a
being a person mentioned in regulation 6(1), (2)(a) or (b), they fail without reasonable cause to report an accident as required by regulation 6, or
b
being a person referred to in paragraph (a), they fail without reasonable cause to provide information as required by regulation 6(3), or
c
they falsely claim to have any additional information or new evidence pertaining to any accident,
and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If any person fails without reasonable cause to comply with any requirement, duty or prohibition in regulation 10(1), (2), (6) or (7), they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
If any person without reasonable cause discloses or permits to be disclosed any information in contravention of regulations 13(1) or 14(10), or makes available any documents or records in contravention of regulation 13(2), they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Review
20
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
lay the report before Parliament.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive which is implemented by means of these Regulations is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established 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 laid before Parliament 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 laid.
Signed on behalf of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
4th July 2012
THE SCHEDULE
MARINE CASUALTY OR INCIDENT NOTIFICATION DA TA
Regulation 6
(This Schedule substantially reproduces the provisions of Annex II to the Directive)
name of ship and IMO, official or fishing vessel number including flag of the country of registration;
type of ship;
date and time of the accident;
latitude and longitude or geographical position in which the accident occurred;
name and port of registry of any other ship involved;
number of people killed or seriously injured and associated type or types of casualty;
brief details of the accident including ship, cargo or any other damage ;
if the ship is fitted with a voyage data recorder , the make and model of the recorder;
ports of departure and destination;
Traffic separation scheme if appropriate;
place on board;
the nature of any pollution that occurs as a result of an accident. |
The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 14(2)(b), 19(2)(b), 104, 109, 176 and 272(7) and (8) of the National Health Service Act 2006 .
Citation and commencement
1
These Regulations may be cited as the National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012 and come into force on 1st April 2012.
Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005
2
1
The National Health Service (General Dental Services Contracts) Regulations 2005 are amended as follows.
2
In regulation 2 (interpretation), after —
a
the definition of “Capitation and Quality Scheme Agreement”, insert —
“Care Quality Commission” means the body established by section 1 of the Health and Social Care Act 2008 (The Care Quality Commission);
; and
b
the definition of “sedation services”, insert —
“service provider” has the same meaning as in regulation 2 of the Care Quality Commission (Registration) Regulations 2009 (interpretation);
.
3
In regulation 14 (mandatory services) —
a
at the beginning of paragraph (1), insert “Subject to paragraph (1A),”; and
b
after paragraph (1), insert —
1A
The services described in paragraphs (2) to (4) are not required to be provided by the contractor during any period in respect of which the Care Quality Commission has suspended the contractor as a service provider under section 18 of the Health and Social Care Act 2008 (suspension of registration).
.
4
In Schedule 3 (other contractual terms), in paragraph 65(2) (termination on the death of an individual dental practitioner), for “three month period”, substitute “6 month period”.
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005
3
In the National Health Service (Personal Dental Services Agreements) Regulations 2005 , in Schedule 3 (other contractual terms), in paragraph 63(2) (termination on the death of an individual), for “three month period”, substitute “6 month period”.
Amendment of the National Health Service (Dental Charges) Regulations 2005
4
1
The National Health Service (Dental Charges) Regulations 2005 are amended as follows.
2
In regulation 4 (calculation of charges) —
a
in paragraph (1), for “£17.00” substitute “£17.50”;
b
in paragraph (2), for “£47.00” substitute “£48.00”;
c
in paragraph (3), for “£204.00” substitute “£209.00”;
d
in paragraph (4), for “£204.00” substitute “£209.00”; and
e
in paragraph (5), for “£17.00” substitute “£17.50”.
Amendment of the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006
5
1
The Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006 are amended as follows.
2
In the Schedule (functions of Primary Care Trusts and Strategic Health Authorities exercisable by the Authority) —
a
where provision number 26 (National Health Service Pension Scheme Regulations 1995) appears in column 1 —
i
for the corresponding entry in column 2 (function) for paragraph (e), substitute —
e
The functions of the employing authority of —
i
giving and receiving notices referred to in paragraph 23(4) to (7) (accounts and actuarial reports) of Schedule 2 (medical and dental practitioners), including agreeing such other period for the reception of such notices as permitted, accepting replacement notices where a material particular has changed and estimating and recording pensionable earnings in respect of invalid reconciliation notices, and
ii
the provision to the Secretary of State of the statements referred to in paragraph 23(12) and (13) of Schedule 2 that the employing authority is required to provide.
, and
ii
for the corresponding entry in column 3 (ancillary, related or supplemental functions) —
aa
in paragraph (a) for “under paragraph 5A” substitute “pursuant to paragraph 23 (accounts and actuarial reports)”; and
bb
after paragraph (b), insert “(c) The determination of such other period as may be permitted in accordance with paragraph 23 for the issue and return of the notices referred to in sub-paragraphs (5) to (7) of that paragraph.”; and
b
immediately below provision number 27 and the corresponding columns relating to that provision, insert —
“National Health Service Pension Scheme Regulations 2008 27A Chapter 3.C (contributions)
The making of deductions of member’s contributions of practitioners from payments made under a GDS Contract or PDS Agreement.
The paying of those member’s contributions that the employing authority has deducted to the Secretary of State.
The receiving of member’s contributions of vocational trainees from the holder of a GDS Contract or PDS Agreement, and the paying of those member’s contributions to the Secretary of State.
The making of the contributions (including additional contributions) to the scheme that the employing authority must make, which relate to those member’s contributions of practitioners and vocational trainees, and the paying of those employing authority contributions to the Secretary of State.
Providing timely reports to the Secretary of State or, where appropriate, the employing authority, in respect of any information which it discovers in the course of or as a consequence of performing functions under the Regulations, including regulation 3.J.14(14) (employing authority and certain member record keeping and contribution estimates) (or as a result of ancillary, related or supplemental functions), and which it considers might be evidence of a breach of contract, an unlawful activity or an irregularity or which is otherwise unusual.
27B Regulation 3.J.14 (employing authority and certain member record keeping and contribution estimates)
Giving and receiving notices referred to in regulation 3.J.14 including agreeing such other period for the reception of such notices as permitted, accepting replacement notices where a material particular has changed and estimating and recording pensionable earnings in respect of invalid reconciliation notices.
The provision to the Secretary of State of the statements referred to in paragraphs (11) and (12) of regulation 3.J.14 the employing authority is required to provide.
The keeping of records in respect of contributions deducted and made, and the provision of a statement to the Secretary of State in respect of those matters.
The making of a determination of whether or not a notice under regulation 3.J.14 is invalid.
The determination of such other period as may be permitted in accordance with regulation 3.J.14 for the issue and return of the notices referred to in paragraphs (4) to (6) of that regulation.”
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under Secretary of State,
Department of Health
23rd February 2012 |
The Employment Rights (Increase of Limits) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 34 of the Employment Relations Act 1999 .
Citation, commencement and interpretation
1
1
This Order may be cited as the Employment Rights (Increase of Limits) Order 2012 and shall come into force on 1st February 2013.
2
In this Order —
a
“the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992 ; and
b
“the 1996 Act ” means the Employment Rights Act 1996 .
Revocation
2
The Employment Rights (Increase of Limits) Order 2011 is revoked.
Increase of limits
3
In the provisions set out in column 1 of the Schedule to this Order (generally described in column 2), for the sums specified in column 3 substitute the sums specified in column 4.
Transitional provisions
4
1
The revocation in article 2 and the substitutions made by article 3 do not have effect in relation to a case where the appropriate date falls before 1st February 2013.
2
In this article “the appropriate date” means —
a
in the case of an application made under section 67(1) of the 1992 Act (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant’s right;
b
in the case of a complaint presented under section 70C(1) of the 1992 Act (failure by an employer to consult with a trade union on training matters), the date of the failure;
c
in the case of a complaint presented under section 137(2) of the 1992 Act (refusal of employment on grounds related to union membership) or section 138(2) of that Act (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined under section 139 of that Act ;
d
in the case of an award under section 145E(2)(b) of the 1992 Act (award to worker in respect of offer made by employer in contravention of section 145A or 145B of that Act ), the date of the offer;
e
in the case of an application for an award of compensation under section 176(2) of the 1992 Act (compensation for exclusion or expulsion from a trade union), the date of the exclusion or expulsion from the union;
f
in the case of an award under paragraph 159(1) of Schedule A1 to the 1992 Act , where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;
g
in the case of a guarantee payment to which an employee is entitled under section 28(1) of the 1996 Act (right to guarantee payment in respect of workless day), the day in respect of which the payment is due;
h
in the case of an award of compensation under section 49(1)(b) of the 1996 Act by virtue of section 24(2) of the National Minimum Wage Act 1998 , where a worker has suffered a detriment that is the termination of the worker’s contract, the date of the termination;
i
in the case of an award of compensation under section 63J(1)(b) of the 1996 Act (employer’s failure, refusal or part refusal following request in relation to study or training), the date of the failure, refusal or part refusal (as the case may be);
j
in the case of an award of compensation under section 80I(1)(b) of the 1996 Act (complaint to an employment tribunal relating to an application for contract variation), the date of the failure in relation to the application or of the decision to reject the application;
k
in the case of an award under section 112(4) or (5) of the 1996 Act (award in relation to unfair dismissal), the effective date of termination as defined by section 97 of that Act;
l
in the case of an award under section 117(1) or (3) of the 1996 Act , where an employer has failed to comply fully with the terms of an order for reinstatement or re-engagement or has failed to reinstate or re-engage the complainant in accordance with such an order, the date by which the order for reinstatement (specified under section 114(2)(c) of that Act) or, as the case may be, re-engagement (specified under section 115(2)(f) of that Act), should have been complied with;
m
in the case of entitlement to a redundancy payment by virtue of section 135(1)(a) of the 1996 Act (dismissal by reason of redundancy), the relevant date as defined by section 145 of that Act ;
n
in the case of entitlement to a redundancy payment by virtue of section 135(1)(b) of the 1996 Act (eligibility for a redundancy payment by reason of being laid off or kept on short-time), the relevant date as defined by section 153 of that Act;
o
in the case of entitlement to a payment under section 182 of the 1996 Act (payments by the Secretary of State), the appropriate date as defined by section 185 of that Act;
p
in the case of a complaint presented under section 11(1) of the Employment Relations Act 1999 (failure or threatened failure to allow the worker to be accompanied at the disciplinary or grievance hearing, to allow the companion to address the hearing or confer with the worker, or to postpone the hearing), the date of the failure or threat;
q
in the case of an award made under section 38(2) of the Employment Act 2002 (failure to give statement of employment particulars etc ), the date the proceedings to which that section applies were begun;
r
in the case of an increase in an award in pursuance of section 38(3) of the Employment Act 2002 (failure to give statement of employment particulars etc), the date the proceedings to which that section applies were begun;
s
in the case of a complaint presented under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002 (failure or threatened failure to allow an employee to be accompanied at a meeting, to allow the companion to address the meeting or confer with the employee, or to postpone the meeting), the date of the failure or threat;
t
in the case of a complaint presented under paragraph 11(1) of Schedule 6 to the Employment Equality (Age) Regulations 2006 (failure of employer to comply with duty to notify employee of date on which he intends employee to retire or of right to make request not to retire on the intended date), the date of the failure; and
u
in the case of a complaint presented under paragraph 12(1) of Schedule 6 to the Employment Equality (Age) Regulations 2006 (failure or threatened failure to allow an employee to be accompanied at a meeting, to allow the companion to address the meeting or confer with the employee, or to postpone the meeting), the date of the failure or threat.
Jo Swinson
Parliamentary Under Secretary for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
29th November 2012
SCHEDULE
Article 3
Column 1 Column 2 Column 3 Column 4 Relevant statutory provision Subject of provision Old limit New limit
1 Section 145E(3) of the 1992 Act Amount of award for unlawful inducement relating to trade union membership or activities, or for unlawful inducement relating to collective bargaining. £3,500 £3,600 2 Section 156(1) of the 1992 Act Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 152(1) or 153 of the 1992 Act. £5,300 £5,500 3 Section 176(6A) of the 1992 Act Minimum amount of compensation where individual excluded or expelled from union in contravention of section 174 of the 1992 Act and not admitted or re-admitted by date of tribunal application. £8,100 £8,400 4 Section 31(1) of the 1996 Act Limit on amount of guarantee payment payable to an employee in respect of any day. £23.50 £24.20 5 Section 120(1) of the 1996 Act Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 100(1)(a) and (b), 101A(d), 102(1) or 103 of the 1996 Act. £5,300 £5,500 6 Section 124(1) of the 1996 Act Limit on amount of compensatory award for unfair dismissal. £72,300 £74,200 7 Paragraphs (a) and (b) of section 186(1) of the 1996 Act Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part XII of the 1996 Act applies and which is referable to a period of time. £430 £450 8 Section 227(1) of the 1996 Act Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal. £430 £450 |
The Zimbabwe (Sanctions) (Overseas Territories) Order 2012
Her Majesty, in exercise of the powers conferred on Her by section 112 of the Saint Helena Act 1833 , the British Settlements Acts 1887 and 1945 , and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement and extent
1
1
This Order may be cited as the Zimbabwe (Sanctions) (Overseas Territories) Order 2012.
2
It comes into force on 5th December 2012.
3
It extends to the territories listed in Schedule 1.
Application of the Order
2
1
This Order applies to —
a
any person in the Territory,
b
any person elsewhere who is —
i
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory, or
ii
a body incorporated or constituted under the law of any part of the Territory, and
c
any person onboard a ship or aircraft that is registered in the Territory.
2
Article 7(2) and paragraph 3 of Schedule 2 also apply to any relevant person mentioned in those provisions (and for this purpose “relevant person” has the meaning given in article 7(4) and (5)).
3
Article 16 applies to —
a
the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 3,
b
the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 4, and
c
St Helena, Ascension and Tristan da Cunha as set out in Schedule 5.
4
Article 17 applies to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 3.
5
In the application of this Order to any territory listed in Schedule 1, the expression “the Territory” in this Order means that territory.
Interpretation
3
1
In this Order, unless otherwise provided —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“assistance” means any form of assistance, including advice, training, technical assistance, financing and financial assistance, investment services, brokering services or other services, and the transfer of financial resources and services;
“brokering services” means —
the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country, or
the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator of the aircraft, or, if there is no operator, the person who is for the time being the pilot in command of the aircraft;
“the Council Regulation” means Council Regulation ( EC ) No. 314/2004 adopted by the Council of the European Union on 19th February 2004 concerning restrictive measures in respect of Zimbabwe;
“designated person” means any person, entity or body listed in Annex III 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 references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“export” includes shipment as stores;
“exportation” in relation to any ship or aircraft, includes taking the ship or aircraft out of the Territory, whether or not it is conveying goods or passengers or moving under its own power, and cognate expressions are to be construed accordingly;
“financing and financial assistance”, in relation to the provision of assistance related to restricted goods, includes in particular grants, loans and export credit insurance for any sale, supply, transfer or export of restricted goods;
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments,
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations,
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts,
interest, dividends or other income on or value accruing from or generated by assets,
credit, rights of set-off, guarantees, performance bonds or other financial commitments,
letters of credit, bills of lading and bills of sale,
documents providing evidence of an interest in funds or financial resources, or
any other instrument of export financing;
“goods” includes items, materials and equipment;
“Governor” means the Governor or other officer administering the Government of the Territory;
“insurance” means an undertaking or commitment where a natural or legal person is obliged, in return for a payment, to provide another person, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;
“master”, in relation to a ship, includes any persons for the time being in charge of the ship;
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner is not the operator, means the operator and any person to whom it is chartered;
“person” means any natural or legal person, entity or body;
“relevant institution” means —
any person who may lawfully accept deposits in or from within the Territory by way of business, or,
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means —
the goods, software and technology specified in Schedule 2 to the Export Control Order 2008 , and
so far as not covered by paragraph (a), the goods, software and technology specified in the Common Military List of the European Union as amended from time to time, and
any equipment which might be used for internal repression listed in Annex I to the Council Regulation;
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried in them;
“technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
“the Territory” has the meaning given in article 2(5);
“transfer of funds” means —
any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, regardless of whether the payer and the payee are the same person, or
any transaction by non-electronic means such as in cash, cheques or accountancy orders, with a view to making funds available to a payee regardless of whether the payer and payee are the same person;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given by section 22 of the Financial Services and Markets Act 2000 , taken with Schedule 2 to that Act and any order under section 22 of that Act, and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold himself or herself out as accepting deposits on a day to day basis, and
ii
any deposits which the person accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
An expression used both in this Order and in the Council Regulation has the meaning given in the Council Regulation.
5
A reference in this Order to any enactment (including legislation of the European Union) or statutory instrument is to be construed as a reference to that enactment or instrument as amended from time to time.
PART 1 Freezing funds etc.
Dealing with funds and economic resources
4
1
It is an offence for a person (“P”), including the designated person, to deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person 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 a 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, use to obtain funds, goods or services in any way, including by selling, hiring or mortgaging the resources.
3
It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that —
a
P is making the funds or economic resources so available, and
b
in the case of economic resources, the designated person would be likely to exchange them, or use them in exchange, for funds, goods or services.
4
It is an offence for a person (“P”) to make funds or economic resources available (directly or indirectly) 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 or economic resources so available.
5
For the purposes of paragraph (4) —
a
funds or economic resources are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the funds or economic resources, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
6
No liability arises for any person concerned in the freezing of funds or economic resources in accordance with this article unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.
7
This article is subject to articles 5 and 10.
Credits to a frozen account
5
1
Nothing in article 4 prevents a person from 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
Nothing in article 4 prevents a relevant institution from crediting a frozen account where it receives funds transferred to the account.
Information relating to funds etc.
6
1
The Governor must take such steps as the Governor considers appropriate to cooperate with any international investigation relating to the funds, economic resources or financial transactions of —
a
a designated person,
b
a person owned or controlled by a designated person, or
c
a person acting on behalf of, or at the direction of, a designated person.
2
A relevant institution must inform the Governor as soon as practicable if it knows or suspects that a customer —
a
is a designated person, or
b
has committed an offence under article 4 or 10(10).
3
When informing the Governor under paragraph (2), the relevant institution must state —
a
the information or other matter on which the knowledge or suspicion is based,
b
any information it holds about the customer by which the customer can be identified, and
c
if the customer is a designated person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for the customer since the customer first became a designated person.
4
A relevant institution must inform the Governor as soon as practicable if it credits a frozen account in accordance with article 5(1)(b) or (2).
5
It is an offence for a relevant institution to fail to comply with a requirement of paragraph (2), (3) or (4).
6
Anything done by a relevant institution in accordance with this article is not to be treated as a breach of any restriction imposed by statute or otherwise.
7
For the purposes of this article, “customer”, in relation to a relevant institution, includes —
a
a person who is or has been a customer of the institution at any time since the coming into force of this Order, or
b
a person with whom the institution has had dealings in the course of its business since the coming into force of this Order.
PART 2 Restricted goods
Providing or carrying restricted goods
7
1
It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) restricted goods —
a
to a designated person,
b
to any person in Zimbabwe, or
c
for use in Zimbabwe.
2
It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (3) for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Zimbabwe to any destination in Zimbabwe.
3
The following fall within this paragraph —
a
a ship, aircraft or vehicle within the Territory,
b
a ship or aircraft registered in the Territory, or
c
any other ship or aircraft that is for the time being chartered to a person mentioned in article 2(1)(a) or (b).
4
“A relevant person”, in relation to a ship, aircraft or vehicle falling within paragraph (3)(a) or (b), means —
a
the owner or master of the ship,
b
the charterer, operator or commander of the aircraft, or
c
the driver or operator of the vehicle.
5
“A relevant person”, in relation to a ship or aircraft falling within paragraph (3)(c) means —
a
the charterer of the ship or aircraft, or
b
the master of the ship, or operator of the aircraft, if the master or operator is a person mentioned in article 2(1)(a) or (b).
6
Paragraph (2) is without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
7
Schedule 2 (which contains provision about customs powers and investigations in relation to offences under this article) has effect.
8
This article is subject to article 10.
Providing assistance related to restricted goods
8
1
It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the sale, supply, transfer or export of restricted goods —
a
to a designated person,
b
to any person in Zimbabwe, or
c
for use in Zimbabwe.
2
It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to the maintenance, manufacture or use of restricted goods —
a
by a designated person,
b
by any person in Zimbabwe, or
c
for use in Zimbabwe.
3
This article is subject to article 10.
Providing assistance related to military activities
9
1
It is an offence for a person to knowingly provide (directly or indirectly) assistance relating to military activities in Zimbabwe.
2
This article is subject to article 10.
PART 3 General
Licences granted by the Governor
10
1
The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 4 or 7 to 9.
2
A person is not guilty of an offence under article 4 or 7 to 9 in respect of anything done by the person under the authority of a licence granted by the Governor.
3
A licence may, in particular, relate to —
a
the sale, supply, transfer or export of restricted goods intended solely —
i
for humanitarian or protective use, or
ii
for institution building programmes or crisis management operations of the United Nations or the European Union,
and financial and technical assistance related to such goods;
b
protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;
c
payment of basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
d
payment of reasonable professional fees and expenses associated with the provision of legal services;
e
payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
f
payment of necessary extraordinary expenses;
g
satisfaction of a judicial, administrative or arbitral lien or judgment entered into prior to the date on which this Order comes into force and not for the benefit of a designated person.
4
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, and
c
of indefinite duration or subject to an expiry date.
5
The Governor may, with the consent of the Secretary of State, vary or revoke a licence at any time.
6
On the grant, variation or revocation of a licence, the Governor 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, and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the grant, variation or revocation of the licence.
7
Any notice to be given to a person by the Governor under paragraph (6) 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 in the Territory of the body or partnership.
8
Where the Governor does not have an address in the Territory for the person, the Governor must make arrangements for the notice to be given to the person at the first available opportunity.
9
Failing to comply with any condition in the licence is acting in a way that is not authorised by the licence unless —
a
the licence was modified after the completion of the act authorised by the licence, and
b
the alleged failure to comply with a condition in the licence would not have been a failure if the licence had not been so modified.
10
It is an offence for a person to knowingly or recklessly make any statement or give any document or information which is false in a material particular for the purpose of obtaining a licence.
11
A licence granted in connection with the application for which the false statement was made or the false document or information given is void from the time it was granted.
Licences granted outside the Territory
11
A person is not guilty of an offence under article 4 or 7 to 9 in respect of anything done by the person —
a
outside the Territory, and
b
under the authority of a licence granted in accordance with any provisions of the law in force in the place where it is done corresponding to the provisions of this Order.
Requirement to publish list of designated persons and restricted goods
12
1
The Governor must —
a
publish a list of designated persons and restricted goods, and
b
keep the list up to date.
2
The Governor may publish a list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.
Evidence and information
13
Schedule 6 (which contains further provisions about obtaining evidence and information) has effect.
Functions of the Governor
14
1
The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s functions under this Order to any person, or class or description of persons.
2
References in this Order to the Governor are to be construed accordingly.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Circumvention and contravention of prohibitions
15
It is an offence for a person to intentionally participate in an activity, knowing that the object or effect of the activity is (directly or indirectly) —
a
to circumvent any of the prohibitions in articles 4 or 7 to 9, or
b
to enable or facilitate the contravention of any such prohibition.
Penalties
16
1
A person guilty of an offence under article 4, 7, 8, 9 or 15 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under article 6 or 10(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2, or paragraph 3(b), (c) or (d) of Schedule 6 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2, or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly.
Proceedings
17
1
Proceedings against a person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
2
Summary proceedings for an offence alleged to have been committed outside the Territory may be instituted within the period of 12 months beginning with the date on which the person charged first enters the Territory after committing the offence.
3
Proceedings for an offence must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.
4
Nothing in paragraph (3) prevents —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
5
A reference in this article to an offence is to an offence under this Order.
Revocations
18
The Orders specified in Schedule 7 are revoked.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1
Territories to which this Order extends
Article 1(3)
Anguilla
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2
Customs powers and investigations
Article 7
Power to demand evidence of destination of restricted goods
1
1
An authorised officer may require a person who exports or carries restricted goods from the Territory to provide proof to the officer’s satisfaction that the goods have reached an authorised destination.
2
For the purposes of sub-paragraph (1), “an authorised destination” means a destination to which the exportation or carriage of the goods is —
a
authorised by a licence granted by the Governor under article 10, or
b
not otherwise prohibited under this Order.
3
It is an offence for a person (“P”) to fail to comply with a requirement under sub-paragraph (1), unless P proves that the goods reached a destination other than an authorised destination without P’s consent or connivance.
Requirement for declaration as to carriage of restricted goods: power to search persons
2
1
An authorised officer may require a person who is about to leave the Territory (“P”) to —
a
declare whether P is carrying restricted goods destined for Zimbabwe or for delivery (directly or indirectly) to, or to the order of, any person in Zimbabwe, and
b
produce any such goods that P is carrying.
2
It is an offence for P to —
a
fail without reasonable excuse to comply with a requirement under sub-paragraph (1), or
b
knowingly or recklessly make a declaration which is false in a material particular.
3
An authorised officer may search P for the purpose of finding out whether P is carrying restricted goods.
4
A search under sub-paragraph (3) must be carried out by a person of the same sex as P.
5
It is an offence for P to fail without reasonable excuse to comply with a request to be searched under sub-paragraph (3).
Investigation of suspected ships, aircraft or vehicles
3
1
Where an authorised officer reasonably suspects that a ship, aircraft or vehicle has been, is being, or is about to be used in the commission of an offence under article 7(3), the officer may —
a
stop and enter it;
b
search it;
c
require the relevant person to provide such information relating to the ship, aircraft or vehicle and any goods it is carrying, and produce for inspection such documents and goods, as the officer may specify;
d
in relation to a ship, require the relevant person to do anything mentioned in sub-paragraph (2);
e
in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory until notified by an authorised officer that it may depart.
2
Further to sub-paragraph (1)(d), the officer may require the relevant person to do any of the following —
a
stop the ship from proceeding with the voyage on which it is engaged, or about to engage, until notified by an authorised officer that it may proceed;
b
not land any part of the ship’s cargo at any port specified by the officer, except with the officer’s consent;
c
if the ship is in port in the Territory, cause it to remain there until notified by an authorised officer that it may depart;
d
if the ship is in any other place, take it to a port specified by the officer and keep it there until notified by an authorised officer that it may depart.
3
The officer may take such steps as appear necessary to carry out a search under sub-paragraph (1)(b), or secure compliance with a requirement under sub-paragraph (1)(c), (d) or (e), including in particular —
a
entering any land,
b
using reasonable force, and
c
detaining the ship, aircraft or vehicle and any goods it is carrying.
4
The officer may seize any restricted goods from the ship, aircraft or vehicle.
5
Any restricted goods seized may be forfeited, disposed of or transferred as appropriate.
6
It is an offence for a relevant person to —
a
fail without reasonable excuse to comply with a requirement under sub-paragraph (1)(c), (d) or (e),
b
knowingly or recklessly provide information or a document which is false in a material particular in response to a requirement under sub-paragraph (1)(c), or
c
otherwise intentionally obstruct an authorised officer, or a person acting under the officer’s authority, in the exercise of any power conferred by this paragraph.
Exercise of customs powers: general
4
1
Any power exercisable by an authorised officer under this Schedule may be exercised by a person acting under the officer’s authority.
2
An authorised officer, or a person acting under the officer’s authority, must, if requested to do so, produce evidence of his or her authority before exercising any power conferred by this Schedule.
3
Any power conferred by this Schedule to require information, or produce for inspection a document or goods, includes a power to specify the form in which the information or document should be given, and the period within which the information, document or goods should be provided or produced for inspection.
4
An authorised officer may exercise any power conferred by paragraph 3 in relation to —
a
any ship within the seaward limits of the territorial sea of the Territory,
b
a ship registered in the Territory while it is on the high seas, or
c
any aircraft or vehicle in the Territory.
5
But a power conferred by paragraph 3 may not be exercised in relation to a ship falling within sub-paragraph (6) unless —
a
in the case of a ship falling only within sub-paragraph (6)(a), the Territory is entitled under international law to exercise the power without the consent of the flag state, or
b
in any other case, the Governor, with the consent of the Secretary of State, has authorised the exercise of the power.
6
A ship falls within this sub-paragraph if it is —
a
a ship flying the flag of, or registered in, a State or territory other than the Territory,
b
a warship that belongs to a government of a State or territory other than the Territory, or
c
any other ship that is being used by such a government only for non-commercial purposes.
7
The Governor may authorise the exercise of a power under sub-paragraph (5)(b) only if the flag state has consented to the Territory exercising the power (whether generally or in relation to the ship in question).
8
In giving such authority, the Governor must impose such conditions or limitations on the exercise of the power as are necessary to give effect to any conditions or limitations imposed by the flag state.
9
This Schedule is without prejudice to any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.
Interpretation
5
In this Schedule —
“authorised officer” means —
a commissioned naval or military officer,
a police or customs officer, or
a person authorised by the Governor for the purposes of this Schedule, whether generally or in a particular case;
“high seas” means seas that are not within the seaward limits of —
the territorial sea of the Territory, or
the territorial sea adjacent to a State or territory outside the Territory;
“relevant person” has the meaning given in article 7(5) and (6).
SCHEDULE 3
Application of Articles 16 and 17 to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Article 2
1
A person guilty of an offence under article 4, 7, 8, 9 or 15 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
A person guilty of an offence under article 6 or 10(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2, or paragraph 3(b), (c) or (d) of Schedule 6 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2 or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on conviction to a fine not exceeding £5,000 or its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
Proceedings against a person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
Proceedings for an offence under this Order must not be instituted in the Territory except with the consent of the Attorney General and Legal Adviser.
8
Nothing in paragraph 7 prevents —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
SCHEDULE 4
Application of Article 16 to the Falkland Islands and to South Georgia and the South Sandwich Islands
Article 2
1
This Schedule applies when the Magistrates’ Court is sentencing a person following a summary conviction for an offence under this Order.
2
Any penalties which would be available to the Magistrates’ Court under article 16 on conviction on indictment for the offence are available to the Court as if they were penalties so available on summary conviction.
SCHEDULE 5
Application of Article 16 to St Helena, Ascension and Tristan da Cunha
Article 2
1
A person guilty of an offence under articles 4, 7, 8, 9 or 15 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
A person guilty of an offence under article 6 or 10(10), paragraph 2(2)(b) or paragraph 3(6)(b) or (c) of Schedule 2 or paragraph 3(b), (c) or (d) of Schedule 6 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
A person guilty of an offence under paragraph 3(6)(a) of Schedule 2 or paragraph 3(a) or paragraph 5 of Schedule 6 is liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under paragraph 1, 2(2)(a) or 2(5) of Schedule 2 is liable on conviction to a fine not exceeding £5,000 or to its equivalent.
5
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
SCHEDULE 6
Evidence and information
Article 13
Power to require information or documents
1
1
An authorised officer may request any person in, or resident in, the Territory to provide any information or produce any document in the person’s possession or control which the officer may require for the purpose of —
a
securing compliance with, or detecting evasion of, this Order,
b
obtaining evidence of the commission of an offence under this Order,
c
establishing the nature and amount or quantity of any funds or economic resources owned, held or controlled by a designated person,
d
establishing the nature of any financial transactions entered into by a designated person, or
e
cooperating with any international investigation in accordance with article 6(1).
2
When exercising the power in sub-paragraph (1), an authorised officer 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, request any person who is a present or past officer or employee of the body corporate to give such an explanation.
3
Any person to whom a request is made must comply with it within such time and in such manner as may be specified in the request.
4
Nothing in this paragraph is to be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged information or document in the person’s possession in that capacity.
Powers of search and entry to obtain evidence or information
2
1
A justice of the peace may grant a search warrant if satisfied by information on oath that —
a
there are reasonable grounds for suspecting that —
i
an offence under this Order has been or is being committed, or
ii
information or a document requested by an authorised officer under paragraph 1 has not been provided or produced; and
b
evidence of the commission of the offence, or the information or document so requested, is to be found on a ship, aircraft, vehicle or premises specified in the information.
2
A search warrant issued under this paragraph is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.
3
An authorised officer who enters and searches a ship, aircraft, vehicle or premises under a warrant issued under this paragraph may —
a
take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the officer to be necessary;
b
inspect and seize anything found in the course of a search if the officer reasonably suspects that —
i
it is evidence in relation to an offence under this Order,
ii
it is information or a document requested (but not provided or produced) under paragraph 1, or
iii
it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;
c
take copies of any document;
d
require information which is stored in an electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form);
4
An authorised officer may, if necessary, use reasonable force in the exercise of the powers conferred by this paragraph.
5
Anything seized under sub-paragraph (3) may be retained for so long as is necessary in all the circumstances.
6
An authorised officer who enters a ship, aircraft, vehicle or premises under a warrant issued under this paragraph, or by virtue of sub-paragraph (3)(a), may —
a
search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to believe to be in possession of anything which may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and
b
seize anything found in such a search.
7
A search of a person under sub-paragraph (6) must be carried out by a person of the same sex.
8
The powers in this paragraph are without prejudice to the powers in paragraph 3 of Schedule 2.
Offences relating to information etc.
3
It is an offence for a person to —
a
without reasonable excuse, refuse or fail 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 give any information, or produce any document, which is false in a material particular in response to such a request,
c
destroy, mutilate, deface, conceal or remove any document with intent to evade the provisions of this Schedule, or
d
otherwise intentionally obstruct any person in the exercise of that person’s powers under this Schedule.
4
Where a person is convicted of an offence under paragraph 3(a), the court may make an order requiring the person, within such period as may be specified in the order, to give the requested information or produce the requested document.
5
1
It is an offence for a person to disclose information or a document obtained in accordance with this Order (including a copy or extract made of such a document) except —
a
to a person who would have been authorised to request the information or document under this Order;
b
to a 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 Government of the Isle of Man,
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark,
iv
the States of Jersey, or
v
the Government of any British overseas territory;
c
for the purpose of giving assistance or cooperation, with the authority of the Governor, to —
i
any organ of the United Nations, or
ii
any person in the service of the United Nations, the Council of the European Union, the European Commission or the government of any State or territory;
d
with a view to instituting, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order, or
ii
in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory (other than the Territory), for an offence under a similar provision in any such jurisdiction;
e
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other State or territory for regulating and supervising financial services business; or
f
to any third party, with the consent of a person who, in the person’s own right, is entitled to the information or to possession of the document, copy or extract.
2
In sub-paragraph (1)(f) “in the person’s own right” means not merely in the person’s capacity as a servant or agent of another person.
6
An authorised officer must, if requested to do so, produce evidence of his or her authority before exercising any power conferred by this Schedule.
7
In this Schedule “authorised officer” means —
a
a police or customs officer, or
b
a person authorised by the Governor for the purposes of this Schedule, whether generally or in a particular case.
8
Anything done in accordance with this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.
SCHEDULE 7
Revocations
Article 18
Table 1
(1) Orders Revoked (2) References The Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 S.I. 2002/1077 The Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2002 S.I. 2002/2627 The Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2004 S.I. 2004/1111 The Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2005 S.I. 2005/3183 |
The Climate Change Levy (General) (Amendment) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 30 of, and paragraphs 22, 43(A)(8) and (9), 62(1)(ca) and (cb), 125(1) and 146(7)(c) of Schedule 6 to, the Finance Act 2000 :
Citation and commencement
1
These Regulations may be cited as the Climate Change Levy (General) (Amendment) Regulations 2012 and come into force on 1st April 2012.
Amendments to the Climate Change Levy (General) Regulations 2001
2
Amend the Climate Change Levy (General) Regulations 2001 as follows.
3
In paragraph (1) of regulation 2 (general interpretation) —
a
before “and “reduced-rate part”” insert “, recycling lower-rate part”;
b
before “a reduced-rate supply” insert “a recycling lower-rate supply or”;
c
after the definition of “recipient” insert —
“recycling lower-rate supply” means a taxable supply to which paragraph 42(1)(d) of the Act applies (a supply for use in scrap metal recycling);
.
4
In sub-paragraph (c)(ii) of regulation 8 (obligation to keep records) before “reduced-rate supply” insert “recycling lower-rate supply or a”.
5
In regulation 11 (other tax credits: entitlement) —
a
in paragraph (1) —
i
in sub-paragraph (c) before “a reduced-rate supply” (in both places) insert “a recycling lower-rate supply or”;
ii
after sub-paragraph (c) insert —
ca
after a taxable supply has been made on the basis that it was (to any extent) a recycling lower-rate supply, it is determined that the supply was such a supply to a greater extent than previously determined;
;
b
in sub-paragraph (2)(a) after “(c),” insert “(ca)”.
6
In paragraph (1) of regulation 12 (tax credits: general) before “and reduced-rate supplies” insert “, recycling lower-rate supplies”.
7
In regulation 33 (special rules for excluded, exempt and reduced-rate supplies), and the heading to that regulation, before “and reduced-rate supplies” insert “, recycling lower-rate supplies”.
8
In the heading to Part III before “ AND REDUCED-RATE SUPPLIES ” insert “ , RECYCLING LOWER-RATE ”.
9
In sub-paragraph (1)(a) of regulation 34 (supplier certificates: basic rules) —
a
for “, 18” substitute “or 18”; and
b
omit “or 18A (recycling processes)”.
10
In regulation 35 (delivery of supplier certificates) —
a
in paragraph (1) before “a reduced-rate” insert “ a recycling lower-rate or”;
b
for sub-paragraph (2)(a) substitute —
a
represent (as the case may be) that the supply (or a quantified part of it) —
i
meets the requirements of a reduced-rate supply in paragraph 44(1) of the Act (reduced-rate for supplies covered by climate change agreements), or
ii
is for use in scrap metal recycling, within the meaning of paragraph 43A(1) of the Act (supplies for use in scrap metal recycling),
;
c
in paragraph (3) after “reduced-rate-supply” insert “or is for use in scrap metal recycling”.
11
In Schedule 1 —
a
in the heading after “ EXEMPT ” insert “ , RECYCLING LOWER-RATE ”;
b
in paragraph 2 —
i
in the CCL relief formula, after “0.65R” insert “+ 0.8L”;
ii
in the definition of “M” omit sub-paragraph (fa);
iii
after the definition of “0.65R” insert —
0.8L = 80% of the quantity of the taxable commodity referable to the sum of every recycling lower-rate part.
;
c
in paragraph 3(1) —
i
after “regulation 35(2)” insert “(recycling lower-rate and reduced-rate)”;
ii
for “(reduced rates)” substitute “(reduced-rate for certain supplies to a facility covered by a climate change agreement)”;
d
in paragraph 5 —
i
in sub-paragraph (7) —
aa
for “45A” substitute “43B”;
bb
for “Reduced-rate supplies” substitute “Supplies for use in scrap metal re-cycling and reduced-rate supplies”;
ii
in sub-paragraphs (8) and (9C) for “45A(2)” substitute “43B(2)”;
iii
in sub-paragraph (9) for “45A(2)(a)” substitute “43B(2)(a)”;
e
in paragraph 6(1) —
i
in sub-paragraph (c) before “a reduced-rate supply” (in both places) insert “a recycling lower-rate supply or”;
ii
after sub-paragraph (c) insert —
ca
after a taxable supply has been made on the basis that it was (to any extent) a recycling lower-rate supply, it is determined that the supply was such a supply to a greater extent than previously determined;
;
f
in paragraph 9(5) for “three” substitute “4”.
Dave Hartnett
Simon Bowles
Two of the Commissioners for Her Majesty’s Revenue and Customs
27th March 2012 |
The Welfare Reform Act 2012 (Commencement No. 3, Savings Provision) Order 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 150(3), (4)(a) and (c) of the Welfare Reform Act 2012 .
Citation and interpretation
1
This order may be cited as the Welfare Reform Act 2012 (Commencement No.3, Savings Provision) Order 2012.
Appointed day
2
Subject to article 3, 2nd July 2012 is the day appointed for the coming into force of section 133(6) of the Welfare Reform Act 2012.
Savings provision
3
Notwithstanding their repeal by section 133(6) of the Welfare Reform Act 2012, the following provisions of the Welfare Reform Act 2007 continue to have effect on and after 2nd July 2012 —
a
section 42 (which concerns the use, supply and provision of information) insofar as it permits the use, supply or provision by any person of information which came to that person before that date by virtue of subsection (1), (2) or (5) of that section;
b
section 43 (which creates an offence of unlawful disclosure) insofar as it relates to the disclosure by any person of such information; and
c
section 69(2)(a) (extent) insofar as necessary to give effect to paragraphs (a) and (b) of this article.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th June 2012 |
The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012
The Secretary of State for Education makes these regulations in exercise of the powers conferred by section 569(4) of, and paragraph 3 of Schedule 1 to, the Education Act 1996 and section 1D(2) of the Academies Act 2010 .
Citation and commencement
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012.
2
This regulation and regulations 2 and 4 come into force on 31st May 2012.
3
Regulation 3 comes into force on 1st September 2012.
Amendment of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
2
Part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 is amended as follows.
3
After paragraph 20 insert —
Children Act 2004
20B
Section 10 of the Children Act 2004 (Co-operation to improve well-being) applies in relation to units as it applies in relation to maintained schools with the modification that subsection (4)(fa) has effect as if for “the governing body of a maintained school ” there were substituted “the management committee of a unit”.
4
After paragraph 23 insert —
Academies Act 2010
23B
1
Section 3 of the Academies Act 2010 (Application for Academy Order) applies in relation to units as it applies in relation to maintained schools with the following modifications.
2
Subsection (1) has effect as if —
a
for “The governing body of a maintained school” there were substituted “The management committee of a unit”, and
b
for “the school” there were substituted “the unit”.
3
Subsections (2) to (6) do not apply to units.
23C
1
Section 4 of that Act (Academy Orders) applies in relation to units as it applies in relation to maintained schools with the following modifications.
2
Subsection (1) has effect as if —
a
for “maintained school” there were substituted “unit”,
b
in subsection (1)(a) for “the school” there were substituted “the unit”, and
c
for subsection (1)(b) there were substituted —
if at any time the circumstances in relation to maintained schools as set out in section 61 or section 62 of the Education and Inspections Act 2006 apply in relation to a unit.
3
Subsection (1A) does not apply to units.
4
Subsection (2) has effect as if —
a
for “school” in each place where the word occurs there were substituted “unit”, and
b
for “into an Academy” there were substituted “into an alternative provision Academy”.
5
Subsection (3) has effect as if the following were substituted for it —
3
A unit is “converted into” an alternative provision Academy if Academy arrangements are entered into in relation to the unit, or the school that replaces it.
.
6
Subsections (4) and (5) have effect as if —
a
for “governing body and head teacher” in each place where the words occur there were substituted “management committee and teacher in charge”,
b
for “school” in each place where the word occurs there were substituted “unit”,
c
for “local authority” in each place where the word occurs there were substituted “local authority that maintains the unit”, and
d
paragraph (c) of both subsections were omitted.
7
Subsections (8) to (11) do not apply to units.
23D
1
Section 5 of that Act (Consultation on conversion) applies in relation to units as it applies in relation to maintained schools with the following modifications.
2
Subsection (1) has effect as if —
a
for “maintained school” there were substituted “unit”, and
b
for “Academy” there were substituted “alternative provision Academy”.
3
Subsection (2) has effect as if for “the school” there were substituted “the unit”.
4
Subsection (3) has effect as if the following were substituted for it —
3
In the case of a unit where the circumstances set out in section 61 or section 62 of the Education and Inspections Act 2006 apply, the consultation may be carried out by —
a
the unit’s management committee, or
b
a person with whom the Secretary of State proposes to enter into Academy arrangements in respect of the unit or the school that replaces it.
.
5
Subsection (4) has effect as if for “the school’s governing body” there were substituted “the unit’s management committee”.
6
Subsection (6) does not apply to units.
23E
1
Section 6 of that Act (Effect of Academy Order) applies in relation to units as it applies in relation to maintained schools with the following modifications.
2
Subsection (1) has effect as if for “school” there were substituted “unit”.
3
Subsection (2) has effect as if the following were substituted for it —
2
The local authority must cease to maintain the unit on the date (“the conversion date”) on which the unit, or a school which replaces it, opens as an Academy (“the alternative provision Academy”).
.
4
Subsection (2A) has effect as if for “local authority” there were substituted “local authority that maintains the unit”.
5
Subsections (3) and (4) do not apply to units.
6
Subsection (5) has effect as if for “Academy school” there were substituted “alternative provision Academy”.
7
Subsections (7) to (9) do not apply to units.
23F
1
Section 8 of that Act (Transfer schemes: other property, rights and liabilities) applies in relation to units as it applies in relation to maintained schools with the following modifications.
2
Subsection (1)(a) has effect as if for “school” there were substituted “unit”.
3
Subsection (1)(b) has effect as if —
a
for “school” there were substituted “unit”, and
b
for “Academy” there were substituted “alternative provision Academy”.
4
Subsection (2) has effect as if —
a
for “school” in each place where the word occurs there were substituted “unit”,
b
for “local authority” there were substituted “local authority that maintains the unit”,
c
for “the school’s governing body” there were substituted “the unit’s management committee”, and
d
for “the governing body” there were substituted “the management committee”.
Nick Gibb
Minister of State
Department for Education
1st May 2012 |
The Social Security (Habitual Residence) (Amendment) Regulations 2012
The Social Security Advisory Committee has agreed that the proposals to make these Regulations should not be referred to it .
Citation and commencement
1
These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2012 and shall come into force on 8th November 2012.
Amendment of the Income Support (General) Regulations 1987
2
1
Regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental – persons from abroad) is amended as follows.
2
After paragraph (3)(b), insert —
bb
regulation 15A(1) of those Regulations , but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (3)(c), omit “or”.
4
At the end of paragraph (3)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
Regulation 85A of the Jobseeker’s Allowance Regulations 1996 (special cases: supplemental – persons from abroad) is amended as follows.
2
At the end of paragraph (3)(a), omit “or”.
3
After paragraph (3)(a), insert —
aa
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
4
At the end of paragraph (3)(b), add “; or” and the following sub-paragraph —
c
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the State Pension Credit Regulations 2002
4
1
Regulation 2 of the State Pension Credit Regulations 2002 (persons not in Great Britain) is amended as follows.
2
After paragraph (3)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (3)(c), omit “or”.
4
At the end of paragraph (3)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Housing Benefit Regulations 2006
5
1
Regulation 10 of the Housing Benefit Regulations 2006 (persons from abroad) is amended as follows.
2
After paragraph (3A)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (3A)(c), omit “or”.
4
At the end of paragraph (3A)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
1
Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
After paragraph (4)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (4)(c), omit “or”.
4
At the end of paragraph (4)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Council Tax Benefit Regulations 2006
7
1
Regulation 7 of the Council Tax Benefit Regulations 2006 (persons from abroad) is amended as follows.
2
After paragraph (4)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (4)(c), omit “or”.
4
At the end of paragraph (4)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8
1
Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.
2
After paragraph (4)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (4)(c), omit “or”.
4
At the end of paragraph (4)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Amendment of the Employment and Support Allowance Regulations 2008
9
1
Regulation 70 of the Employment and Support Allowance Regulations 2008 (special cases: supplemental – persons from abroad) is amended as follows.
2
After paragraph (3)(b), insert —
bb
regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;
.
3
At the end of paragraph (3)(c), omit “or”.
4
At the end of paragraph (3)(d), add “; or” and the following sub-paragraph —
e
Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).
.
Signed by authority of the Secretary of State for Work and Pensions.
Mark Hoban
Minister of State,
Department for Work and Pensions
11th October 2012 |
The Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Circle, District and Hammersmith & City Lines S7 Vehicles) Exemption Order 2012
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Circle, District and Hammersmith & City Lines S7 Vehicles) Exemption Order 2012 and comes into force on 13th February 2012.
Interpretation
2
1
In this Order —
“Circle Line” means the London Underground route between Hammersmith and Edgware Road stations, via Liverpool Street station;
“District Line” means the London Underground route between Ealing Broadway, Richmond, Wimbledon, Kensington (Olympia), Edgware Road and Upminster stations;
“exempt vehicle” means a rail vehicle of the type known as Circle, District and Hammersmith & City Lines Tube Stock (S7) and with a number in the series 21301 to 21566, 22301 to 22566, 24301 to 24566, an even number in the series 23388 to 23566, or an even number in the series 25302 to 25386;
“Hammersmith & City Line” means the London Underground route between Hammersmith and Barking stations, via Paddington station;
“wheelchair space vehicle” means a rail vehicle of the type known as Circle, District and Hammersmith & City Lines Tube Stock (S7) and with a number in the series 24301 to 24566;
“step-free access” means access to a station platform from an entrance of that station without the use of stairs or escalators.
2
In this Order, a reference to a numbered paragraph is a reference to that paragraph of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 .
Exemptions relating to facilities for disabled persons
3
Subject to articles 5 and 6, an exempt vehicle is authorised to be used for carriage on the Circle, District and Hammersmith & City Lines even it does not conform with, or if it is used in a manner that does not conform with the requirements of —
a
paragraph 3(5)(b) (audible warning before door closes), but only in respect of the period of time for which the distinct sound must be emitted before the door starts to close;
b
paragraph 4(2) (illumination of control devices for doors), but only in respect of the period of time between the control device ceasing to be illuminated and the door starting to close;
c
paragraph 11(5) (passenger information when vehicle is stationary at a station), but only in so far as it applies to the systems inside the vehicle.
Exemptions relating to facilities for disabled persons in wheelchairs
4
Subject to article 6, a wheelchair space vehicle is authorised to be used for carriage on the London Underground, even if it is used in a manner that does not conform with paragraph 1(1) (the boarding device requirement), but only insofar as the vehicle is stationary at a station platform at Turnham Green, or at a station platform named in tables 1, 2 or 3 of Schedule 1.
Conditions
5
1
The exemption in relation to the requirement set out in paragraph 3(5)(b) only applies if the audible warning device emits a distinct sound which is different from that emitted when the doors are opening and which commences at least 1.75 seconds before the doors start to close.
2
The exemption in relation to the requirement set out in paragraph 4(2) only applies if the illumination of each control device ceases not less than 1.75 seconds before the doors start to close.
3
The exemption in relation to the requirement set out in paragraph 11(5) only applies to a vehicle that is stationary at a station named in Schedule 2, at a platform indicated against its name, and travelling in the direction also indicated against its name, and only if —
a
whilst the vehicle is stationary at a station named in that Schedule, the systems inside the vehicle are used to announce which line the vehicle is travelling on and at least one of the following items of information —
i
the destination of the vehicle;
ii
the next stop;
b
where no announcement is made at a station as to the destination of a vehicle or its next stop, that information is provided after leaving the station and before the vehicle stops at the next station.
Expiry
6
1
The exemption from paragraph 1(1) expires —
a
in relation to a station platform named in table 1 in Schedule 1, at the end of 31st December 2017;
b
in relation to a station platform named in table 2 in Schedule 1, when step-free access is provided to that station platform;
c
in relation to station platform 4 at Turnham Green, either —
i
when step-free access is provided to that station platform, or
ii
when that platform can be accessed, without the use of stairs or escalators, from a vehicle which meets the requirements of paragraph 1(1), and which is stationary at a station platform on the Piccadilly Line at Turnham Green,
iii
whichever is sooner.
2
The exemptions from the requirements set out in paragraphs 3(5)(b), 4(2) and 11(5) expire at the end of 31st December 2016.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
12th January 2012
SCHEDULE 1
Articles 4 and 6(1)
Table 1 Station platforms at which the exemption from paragraph 1(1) will apply until the end of 31st December 2017
Station Platform
Ealing Broadway 7 Ealing Broadway 8 Ealing Broadway 9
Table 2 Station platforms at which the exemption from paragraph 1(1) will apply until there is step-free access
Station Platform
Bayswater 1 Bayswater 2 Becontree 1 Becontree 2 Bromley-by-Bow 1 Bromley-by-Bow 2 Dagenham East 1 Gloucester Road 1 Goldhawk Road 1 High Street Kensington 1 Hornchurch 1 Hornchurch 2 Ladbroke Grove 1 Ladbroke Grove 2 Latimer Road 1 Latimer Road 2 Notting Hill Gate 1 Plaistow 1 Putney Bridge 1 Shepherd’s Bush Market 1 Shepherd’s Bush Market 2 Stepney Green 1 Stepney Green 2 Upminster Bridge 1 Upminster Bridge 2 Upton Park 1 Westbourne Park 1 Westbourne Park 2
Table 3 Other station platforms at which the exemption from paragraph 1(1) will apply
Station Platform
Acton Town 1 Acton Town 2 Acton Town 3 Acton Town 4 Aldgate 1 Aldgate 2 Aldgate 3 Aldgate 4 Baker Street 1 Baker Street 2 Baker Street 3 Baker Street 4 Baker Street 5 Bow Road 1 Bow Road 2 Cannon Street 1 Cannon Street 2 Chiswick Park 1 Chiswick Park 2 Ealing Common 1 Ealing Common 2 East Putney 1 East Putney 2 Edgware Road (Hammersmith & City Line) 1 Edgware Road (Hammersmith & City Line) 2 Edgware Road (Hammersmith & City Line) 3 Edgware Road (Hammersmith & City Line) 4 Farringdon 1 Farringdon 2 Fulham Broadway 1 Fulham Broadway 2 Great Portland Street 1 Great Portland Street 2 Gunnersbury 1 Gunnersbury 2 Hammersmith (District Line) 2 Hammersmith (District Line) 3 Kensington Olympia 1 Kew Gardens 2 Mansion House 1 Mansion House 3 Monument 1 Monument 3 Notting Hill Gate 2 Paddington (Circle Line) 1 Plaistow 2 Plaistow 3 Putney Bridge 3 Ravenscourt Park 1 Ravenscourt Park 2 Ravenscourt Park 3 Ravenscourt Park 4 Sloane Square 1 Sloane Square 2 St James’s Park 1 St James’s Park 2 Stamford Brook 1 Stamford Brook 2 Stamford Brook 3 Temple 1 Temple 2 Tower Hill 1 Tower Hill 2 Tower Hill 3 Turnham Green 2 Turnham Green 3 Upton Park 2 Victoria 1 Victoria 2 West Brompton 1 Westminster 1 Westminster 2 Wimbledon Park 1 Wimbledon Park 2 Wood Lane 1 Wood Lane 2
SCHEDULE 2
Article 5(3)
Station platforms at which the exemption from paragraph 11(5) will apply
Station Platform Direction of travel
Aldgate 1 Southbound and clockwise Aldgate 4 Northbound and anti-clockwise Aldgate East 2 Eastbound Baker Street 5 Eastbound and clockwise Barbican 1 Southbound and clockwise Barbican 2 Northbound and anti-clockwise Barking 1a Eastbound Barking 2 Eastbound Barking 6 Westbound Barons Court 1 Westbound Barons Court 4 Eastbound Bayswater 1 Anti-clockwise Bayswater 2 Clockwise Becontree 1 Westbound Becontree 2 Eastbound Blackfriars 1 Westbound and clockwise Blackfriars 2 Eastbound and anti-clockwise Bow Road 1 Westbound Bow Road 2 Eastbound Bromley-by-Bow 1 Westbound Bromley-by-Bow 2 Eastbound Cannon Street 1 Westbound and clockwise Cannon Street 2 Eastbound and anti-clockwise Chiswick Park 1 Westbound Chiswick Park 2 Eastbound Dagenham East 1 Westbound Dagenham East 2 Eastbound Dagenham Heathway 1 Westbound Dagenham Heathway 2 Eastbound Ealing Common 2 Eastbound East Ham 1 Westbound East Ham 2 Eastbound East Putney 1 Eastbound East Putney 2 Westbound Edgware Road (Hammersmith & City Line) 1 Eastbound and clockwise Elm Park 1 Westbound Elm Park 2 Eastbound Embankment 1 Westbound and clockwise Embankment 2 Eastbound and anti-clockwise Euston Square 1 Northbound and anti-clockwise Euston Square 2 Southbound and clockwise Farringdon 1 Southbound and clockwise Farringdon 2 Northbound and anti-clockwise Fulham Broadway 1 Westbound Fulham Broadway 2 Eastbound Gloucester Road 3 Eastbound and anti-clockwise Goldhawk Road 1 Eastbound and clockwise Goldhawk Road 2 Westbound and anti-clockwise Great Portland Street 1 Northbound and anti-clockwise Great Portland Street 2 Southbound and clockwise Gunnersbury 1 Southbound Gunnersbury 2 Northbound Hammersmith (District Line) 3 Eastbound Hammersmith (District Line) 4 Eastbound High Street Kensington 2 Clockwise Hornchurch 1 Westbound Hornchurch 2 Eastbound Kew Gardens 1 Southbound Kew Gardens 2 Northbound King’s Cross 1 Northbound and anti-clockwise King’s Cross 2 Southbound and clockwise Ladbroke Grove 1 Eastbound and clockwise Ladbroke Grove 2 Westbound and anti-clockwise Latimer Road 1 Eastbound and clockwise Latimer Road 2 Westbound and anti-clockwise Liverpool Street 2 Northbound and anti-clockwise Mansion House 1 Westbound and clockwise Mansion House 3 Eastbound and anti-clockwise Mile End 2 Westbound Mile End 3 Eastbound Monument 1 Westbound and clockwise Monument 3 Eastbound and anti-clockwise Moorgate 1 Southbound and clockwise Moorgate 2 Northbound and anti-clockwise Notting Hill Gate 1 Anti-clockwise Notting Hill Gate 2 Clockwise Paddington (Circle Line) 1 Anti-clockwise Paddington (Circle Line) 2 Clockwise Paddington (Hammersmith & City Line) 15 Westbound and anti-clockwise Paddington (Hammersmith & City Line) 16 Eastbound and clockwise Parsons Green 1 Westbound Parsons Green 2 Eastbound Plaistow 1 Westbound Plaistow 2 Eastbound Putney Bridge 1 Eastbound Putney Bridge 3 Westbound Ravenscourt Park 1 and 2 Westbound Ravenscourt Park 3 and 4 Eastbound Royal Oak 1 Westbound and anti-clockwise Royal Oak 2 Eastbound and clockwise Shepherd’s Bush Market 1 Eastbound and clockwise Shepherd’s Bush Market 2 Westbound and anti-clockwise Sloane Square 1 Westbound and clockwise Sloane Square 2 Eastbound and anti-clockwise South Kensington 1 Westbound and clockwise South Kensington 2 Eastbound and anti-clockwise Southfields 1 Eastbound Southfields 2 Westbound St James’s Park 1 Westbound and clockwise St James’s Park 2 Eastbound and anti-clockwise Stamford Brook 1 and 2 Westbound Stamford Brook 3 Eastbound Stepney Green 1 Westbound Stepney Green 2 Eastbound Temple 1 Westbound and clockwise Temple 2 Eastbound and anti-clockwise Tower Hill 1 Westbound and clockwise Upminster Bridge 1 Westbound Upminster Bridge 2 Eastbound Upney 1 Westbound Upney 2 Eastbound Upton Park 1 Westbound Upton Park 2 Eastbound Victoria 1 Westbound and clockwise Victoria 2 Eastbound and anti-clockwise West Brompton 1 Westbound West Brompton 2 Eastbound West Ham 1 Westbound West Ham 2 Eastbound West Kensington 1 Westbound West Kensington 2 Eastbound Westbourne Park 1 Westbound and anti-clockwise Westbourne Park 2 Eastbound and clockwise Westminster 1 Westbound and clockwise Westminster 2 Eastbound and anti-clockwise Whitechapel 1 Eastbound Whitechapel 2 Westbound Wimbledon Park 1 Eastbound Wimbledon Park 2 Westbound Wood Lane 1 Eastbound and clockwise Wood Lane 2 Westbound and anti-clockwise |
The Education (Teacher Student Loans) (Repayment etc) (Amendment) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 186 of the Education Act 2002 .
Citation and commencement
1
These Regulations may be cited as the Education (Teacher Student Loans) (Repayment etc) (Amendment) Regulations 2012 and come into force on 1st April 2012.
Revocation
2
The Education (Teacher Student Loans) (Repayment etc) Regulations 2002 are revoked.
Amendments
3
1
The Education (Teacher Student Loans) (Repayment etc) Regulations 2003 are amended as follows.
2
In the heading to regulation 10 (provision of information by employers and the General Teaching Councils), for “General Teaching Councils” substitute “General Teaching Council for Wales”.
3
In regulation 10(4) —
a
omit the words “General Teaching Council for England and the”; and
b
for the words “they are” substitute “it is”.
Nick Gibb
Minister of State
Department for Education
28th February 2012 |
The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012
This instrument contains only regulations made by virtue of, or consequential on, sections 45 and 46 of, and Schedule 7 to, the Welfare Reform Act 2012 and is made before the end of the period of 6 months beginning with the coming into force of those provisions .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 and shall come into force on 22nd October 2012.
2
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“the JSA Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of Part V of the JSA Regulations (Sanctions)
2
1
Part V of the JSA Regulations (sanctions) is amended as follows.
2
For regulation 69 (prescribed period for purposes of section 19(2)) substitute —
The period of a reduction under section 19: higher-level sanctions
69
1
Subject to paragraphs (3) and (4), a reduction under section 19 (higher level sanctions) is to have effect for —
a
13 weeks, where there has been no previous sanctionable failure by the claimant that falls within paragraph (2);
b
26 weeks, where there has been only one previous sanctionable failure by the claimant that falls within paragraph (2);
c
156 weeks, where there have been two or more previous sanctionable failures by the claimant that fall within paragraph (2)(a) and, if applicable, (b) and the most recent of those failures —
i
falls within paragraph (2)(c), and
ii
resulted in a reduction that has effect for 26 weeks under sub-paragraph (b) or 156 weeks under this sub-paragraph, or would have done but for paragraph (4).
2
A previous sanctionable failure referred to in paragraph (1) falls within this paragraph if —
a
the failure resulted in a decision to reduce the claimant’s award in accordance with section 19;
b
in the case of a joint-claim couple, the failure was by the same claimant; and
c
the date of the failure is within 52 weeks but not within 2 weeks of the date of the claimant’s current sanctionable failure.
3
Where a claimant’s award has been reduced in relation to a sanctionable failure which is specified in section 19(2)(a), (b) or (d) and which occurred before the date of claim for a jobseeker’s allowance, any such failure must not be counted for the purpose of determining the period of a reduction for a subsequent sanctionable failure under section 19.
4
Where a sanctionable failure which is specified in section 19(2)(a), (b) or (d) occurs on or before the date on which a claim for a jobseeker’s allowance is made —
a
except where sub-paragraph (b) applies, the reduction relating to that failure is to have effect for the period set out in paragraph (1) that applies in the claimant’s case (the “applicable sanction period”) minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim;
b
if —
i
the failure was in relation to employment which was due to last for a limited period,
ii
the limited period ends on or before the end of the applicable sanction period, and
iii
the date of claim is on or before the last day of the limited period,
the reduction relating to that failure is to have effect for the period beginning with the day after the date of the sanctionable failure and ending with the last day of the limited period minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim.
5
In paragraph (4)(b), “limited period” means a specific term which is fixed, or which can be ascertained, before it begins, by reference to some relevant circumstance.
6
The period of a reduction under section 19 begins —
a
on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or
b
in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.
The period of a reduction under section 19A: Other sanctions
69A
1
A reduction under section 19A (other sanctions) is to have effect for —
a
4 weeks, where there has been no previous sanctionable failure by the claimant that falls within paragraph (2); or
b
13 weeks, where there has been —
i
only one previous sanctionable failure by the claimant that falls within paragraph (2), or
ii
more than one previous sanctionable failure and the most recent of those failures falls within paragraph (2).
2
A previous sanctionable failure falls within this paragraph if —
a
the failure resulted in a decision to reduce the claimant’s award in accordance with section 19A;
b
in the case of a joint-claim couple, the failure was by the same claimant; and
c
the date of the failure is within 52 weeks but not within 2 weeks of the date of the claimant’s current sanctionable failure.
3
The period of a reduction under section 19A begins —
a
on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or
b
in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.
The period of a reduction under section 19B: Claimants ceasing to be available for employment etc.
69B
1
Subject to paragraph (5), the amount of an award of a jobseeker’s allowance, other than a joint-claim jobseeeker’s allowance, is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the claimant —
a
was previously entitled to a jobseeker’s allowance, or was a member of a couple entitled to a joint-claim jobseeker’s allowance; and
b
ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).
2
Subject to paragraph (5), the amount of an award of a joint-claim jobseeker’s allowance is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the case falls within either paragraph (3) or (4).
3
A case falls within this paragraph if —
a
one of the claimants was previously entitled to a jobseeker’s allowance, other than a joint-claim jobseeker’s allowance; and
b
ceased to be so entitled by failing to comply with the condition in section 1(2)(a) .
4
A case falls within this paragraph if —
a
the couple were previously entitled to a joint-claim jobseeker’s allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c); or
b
either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).
5
This regulation does not apply where —
a
the claimant had been treated as available for work under regulation 14 (circumstances in which a person is to be treated as available) , or as actively seeking employment under regulation 19 (circumstances in which a person is to be treated as actively seeking employment) ;
b
the claimant ceased to be so treated due to no longer falling within regulation 14 or 19;
c
as a result of (b), the claimant’s award was terminated for failing to comply with the conditions in section 1(2)(a) or (c) (availability for employment and actively seeking employment); and
d
the Secretary of State considers that a reduction is not appropriate in the claimant’s circumstances.
6
Subject to paragraph (7), a reduction under this regulation is to have effect for a period of —
a
4 weeks, where there has been only one occasion on which the claimant’s previous entitlement ceased; or
b
13 weeks, where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion was within 52 weeks but not within 2 weeks of the last previous occasion.
7
The period specified in paragraph (6) is to be reduced by the period beginning with the first day of the benefit week following the benefit week in which the claimant was last paid an award of jobseeker’s allowance and ending with the day before the date of claim.
8
The period of a reduction under this regulation begins on the date of claim.
.
3
For regulation 70 (sanctions of discretionary length) substitute —
The amount of a reduction under section 19 and 19A and regulation 69B
70
1
Subject to paragraph (2), the amount of a reduction under section 19 or 19A or regulation 69B is —
a
100% of the allowance payable to the claimant; or
b
in the case of a joint-claim couple —
i
100% of the allowance payable to the couple, where the reduction relates to a sanctionable failure by each member of the couple, or
ii
an amount calculated in accordance with paragraph (3), where the reduction relates to a sanctionable failure by only one member of the couple.
2
In a case where the following circumstances apply —
a
a claimant’s award is already reduced in accordance with section 19 or 19A or regulation 69B; or
b
in the case of a joint-claim couple, an award of a joint-claim jobseeker’s allowance is already reduced in accordance with section 19 or 19A or regulation 69B as a result of a sanctionable failure by one or each member of the couple and the current sanctionable failure is by the same claimant,
no reduction is to be made for any days when those circumstances apply.
3
The amount referred to in paragraph (1)(b)(ii) is such amount which, after its deduction from the full amount of the award of a joint-claim jobseeker’s allowance, leaves the following amount —
a
in any case in which the member of the couple, who is not the member whose sanctionable failure led to the reduction, satisfies the conditions set out in section 2 of the Act (contribution based conditions), a rate equal to the amount calculated in accordance with section 4(1) (amount payable by way of a jobseeker’s allowance);
b
in any case where the couple are a couple in hardship for the purposes of Part IXA , a rate equal to the amount calculated in accordance with regulation 146G (applicable amount in hardship cases for joint-claim couples);
c
in any other case, a rate calculated in accordance with section 4(3A) (amount payable by way of a joint-claim jobseeker’s allowance) save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 which would have been the applicable amount had the member of the couple who is not subject to sanctions been a single claimant.
.
4
After regulation 70 insert —
Cases in which no reduction is to be made under section 19 or 19A
70A
1
No reduction is to be made under section 19 (higher-level sanctions) where —
a
the sanctionable failure is listed in section 19(2)(a), (b), or (d);
b
the sanctionable failure occurs before a claim to a jobseeker’s allowance is made; and
c
the period of the reduction as calculated under sub-paragraph (a) or (b) of regulation 69(4) is the same as, or shorter than, the period between the date of the sanctionable failure and the date of claim.
2
No reduction is to be made under section 19A (other sanctions) where the sanctionable failure is specified in section 19A(2)(a) (failure to comply with regulations under section 8(1) or (1A)) and —
a
is a failure to comply with regulation 24 (provision of information and evidence); or
b
unless paragraph (3) or (4) applies, is a failure to comply with regulation 23 (attendance) or 23A (attendance by members of a joint-claim couple) .
3
This paragraph applies where the claimant —
a
fails to attend on the day specified in a relevant notification;
b
makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend on the day specified; and
c
fails to show a good reason for that failure to attend.
4
This paragraph applies where —
a
the claimant attends on the day specified in a relevant notification, but fails to attend at the time specified in that notification;
b
the Secretary of State has informed the claimant in writing that a failure to attend, on the next occasion on which the claimant is required to attend, at the time specified in a relevant notification, may result in the claimant’s entitlement to a jobseeker’s allowance or a joint-claim jobseeker’s allowance ceasing or the award being subject to a reduction;
c
the claimant fails to attend at the time specified in a relevant notification on the next occasion;
d
the claimant makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days after the day on which the claimant failed to attend at the time specified; and
e
the claimant fails to show a good reason for that failure to attend.
5
In this regulation, “relevant notification” has the meaning given in regulation 25.
Sanctionable failures under section 19: schemes under section 17A(1)
70B
1
Mandatory Work Activity is a prescribed scheme for the purposes of section 19(2)(e) (higher level sanctions).
2
In paragraph (1) “Mandatory Work Activity” means a scheme under section 17A(1) (schemes for assisting persons to obtain employment; “work for your benefit” schemes etc ) designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.
Application of a reduction to a new award
70C
1
Subject to paragraph (4), this regulation applies where —
a
the amount of an award is reduced in accordance with section 19 or 19A or regulation 69B;
b
that award (“the previous award”) is terminated;
c
the reduction period had either not yet begun or not ended when the previous award was terminated;
d
a new award is made to the claimant who had been entitled to the previous award; and
e
in the case of an award of a joint-claim jobseeker’s allowance, the reduction to the previous award was made in relation to a sanctionable failure by the claimant who is entitled to the new award.
2
Where this regulation applies, the reduction period that would have applied to the previous award but for the award having terminated applies to the new award from the first day of the benefit week in which the claim for the new award is made for the outstanding period.
3
In this regulation —
“outstanding period” means the period determined under regulation 69, 69A or 69B in relation to the previous award minus —
the benefit weeks in respect of which the previous award was reduced; and
the period beginning with the first day of the benefit week after the benefit week in which the previous award was terminated and ending with the first day of the benefit week in which entitlement to the new award begins;
“reduction period” means the period determined under regulation 69, 69A or 69B in relation to the previous award.
4
This regulation does not apply where the Secretary of State is satisfied that, since the date of the most recent sanctionable failure, the claimant has been in employment for a period of, or more than one period where the total of those periods amounts to, at least 26 weeks.
.
5
For regulation 72 (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)) substitute —
Good reason for the purpose of section 19(2)(c) and (d) and 19A(2)(c)
72
A person is not to be regarded as having a good reason for any act or omission for the purposes of section 19(2)(c) and (d) and section 19A(2)(c) if, and to the extent that, the reason for that act or omission relates to the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than —
a
during the first 13 weeks of entitlement to a jobseeker’s allowance, one hour either way; and
b
in all other cases, one hour and thirty minutes either way,
by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.
.
6
Regulations 73 (good cause for the purposes of section 19(5)(b)) and 73A (just cause for the purposes of section 19(6)(b) and 20A(2)(e)) are revoked.
7
Regulation 74 (person of prescribed description for the purpose of section 20(3)) is amended as follows —
a
in paragraph (1) —
i
omit “and section 20B(3)” and “ or section 20A(2)(e) or (g)”, and
ii
for “section 19(6)(b) or (d)” substitute “section 19(2)(b) or (d)”;
b
in paragraph (4) omit “and section 20B(3)”.
8
Regulation 74B (reduced allowance where one member of a joint-claim couple is subject to a sanction) is revoked.
9
Regulation 75 (interpretation) is amended as follows —
a
in paragraph (1) —
i
for “section 19, section 20A” substitute “section 19A”,
ii
for sub-paragraph (a) substitute —
a
“an employment programme” means a programme or scheme which is designed to assist a claimant to prepare for or move into work;
,
iii
for sub-paragraph (b) substitute —
b
“a training scheme” means a scheme or course which is designed to assist a claimant to gain the skills, knowledge or experience that will make it more likely, in the opinion of the Secretary of State, that the claimant will obtain work or be able to do so.
;
b
omit paragraph (2);
c
for paragraph (3) substitute —
3
In section 19A and in this Part, “week” means any period of 7 consecutive days.
;
d
in paragraph (4) for the words from the beginning to “section 20A”, substitute “In sections 19 and 19A”;
e
in paragraph (5) —
i
for “In section 19(9)” substitute “In this Part”,
ii
before the definition of “employment”, insert —
current sanctionable failure” means a failure which is sanctionable under section 19 (higher-level sanctions), 19A (other sanctions) or 19B (claimants ceasing to be available for employment etc) in relation to which the Secretary of State has not yet determined whether the amount of an award is to be reduced in accordance with section 19 or 19A or regulation 69B;
,
iii
after the definition of “employment” insert —
“sanctionable failure” means a failure which is sanctionable under section 19 (higher-level sanctions), 19A (other sanctions) or 19B (claimants ceasing to be available for employment etc).
.
Amendment of Part IX of the JSA Regulations (Hardship)
3
1
Part IX of the JSA Regulations (hardship) is amended as follows.
2
Regulation 140 (meaning of “person in hardship”) is amended as follows —
a
in sub-paragraph (f)(i) of paragraph (1), omit “either” and for the words from “or because” to the end of the sub-paragraph, substitute “or the award is reduced in accordance with section 19 or 19A or regulation 69B”;
b
in paragraph (2), omit “, (4A), (4B) or (4C)”; and
c
omit paragraphs (4A), (4B) and 4(C).
3
Regulation 140A (period when a person is not a person in hardship) is revoked.
4
In paragraph (6) of regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) for the words from “regulations” to “to him”, substitute “his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B”.
5
In paragraph (5) of regulation 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) —
a
for the words from “section 19” to “to him”, substitute “his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B”; and
b
in sub-paragraph (a), for “section 19” substitute “the reduction”.
Amendment of Part IXA of the JSA Regulations (Hardship for joint-claim couples)
4
1
Part IXA of the JSA Regulations (hardship for joint-claim couples) is amended as follows.
2
Regulation 146A (meaning of “couple in hardship”) is amended as follows —
a
in sub-paragraph (c)(i) of paragraph (1), omit “either” and for the words from “or because” to “case”, substitute “or the award is reduced in accordance with section 19 or 19A or regulation 69B”;
b
in paragraph (2), omit “, (5), (5A) or (5B)”; and
c
omit paragraphs (5), (5A) and (5B).
3
Regulation 146B (period when a joint-claim couple is not in hardship) is revoked.
4
In paragraph (6) of regulation 146C (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship) for the words from “regulations” to “payable to the couple”, substitute “the award of joint-claim jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B”.
5
Paragraph (5) of regulation 146D (further circumstances in which a joint-claim jobseeker’s allowance is payable to a couple in hardship) is amended as follows —
a
for the words from “section 20A(5)(a)” to “payable to them”, substitute “the award of joint-claim jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B”; and
b
in sub-paragraph (a), for “section 20A”, substitute “the reduction”.
Further consequential amendments of the JSA Regulations
5
1
The JSA Regulations are further amended as follows.
2
In regulation 4 (interpretation of Parts II, IV and V) omit the definition of “employment officer”.
3
In regulation 17A (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course) in paragraph (6) for “good cause”, substitute “a good reason” and for “19(5)(b)”, substitute ”19A(2)(d), (e) or (f)”.
4
In regulations 23 (attendance) and 23A (attendance by members of a joint-claim couple) , for “attend at such place and at such time”, in each place where it appears, substitute “participate in an interview in such manner, time and place”.
5
Regulation 24 (provision of information and evidence) is amended as follows —
a
in paragraph (8) , for “when he attends” substitute “at the time he is required to participate in an interview”;
b
in paragraph (10) , for “on the day on which he is required to attend” substitute “at the time he is required to participate in an interview”.
6
In regulation 27 (where entitlement is not to cease under regulation 25(1)(c)) for “good cause” substitute “a good reason”.
7
Regulations 27A to 30 are revoked.
8
In regulation 47 (jobseeking period) in paragraph (4)(b)(ii), for “regulation 27A or regulations made under section 17A or by virtue of section 19” and “regulation 27A or section 20A” substitute, in both places, “section 19 or 19A or regulation 69B”.
9
In regulation 52 (persons treated as engaged in remunerative work) in paragraph (1) for “good cause” substitute “a good reason”.
10
In regulation 55 (short periods of sickness) in paragraph (1)(a) omit from “or is a person whose” to “section 17A”.
11
In regulation 55A (periods of sickness and persons receiving treatment outside Great Britain) in paragraph (1)(a) omit from “or is a person whose” to “section 17A”.
12
In regulation 61 (other young persons in prescribed circumstances) paragraph (1)(f) is amended as follows —
a
for “section 19(5)(b) or (c) or section 19(6)(c) or (d) or section 20A(2)(b), (c), (f) or (g)”, substitute “section 19(2)(c) or (d) or section 19A(2)(d), (e), (f) or (g)”;
b
for “rendered not payable in accordance with section 19(6)(a) or (b)”, substitute “reduced in accordance with section 19(2)(a) or (b)”.
13
Regulation 63 (reduced payments under section 17) is amended as follows —
a
in paragraphs (1)(b)(i) and (ii), (c)(i), (d)(i) and (4), for “good cause”, in all places where those words appear, substitute “a good reason”;
b
in paragraph (1)(b) for the words from “section 19(5)(b)” to “Part V”, substitute “section 19(2)(a) or (b) or section 19A(2)(c) to (g)”;
c
in paragraph (1)(c)(i) —
i
for “section 19(5)(b)(i), (ii) or (iv)”, in both places where this reference appears, substitute “section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme”, and
ii
omit “or section 20A(2)(b)(i), (ii) or (iv)”, in both places where this reference appears;
d
in paragraph (1)(d)(i) —
i
for “done an act or omission falling within section 19(5)(b)(iii)”, in both places where those words appear, substitute “given up a place on a training scheme or employment programme”, and
ii
omit “or section 20A (2)(b)(iii)”, in both places where this reference appears;
e
in paragraph (4) —
i
for “done an act or omission falling within section 19(5)(b)(iii)” substitute “given up a place on a training scheme or employment programme”,
ii
omit “or section 20A(2)(b)(iii)”,
iii
for “ section 19(5)(c)” substitute “section 19A(2)(g)”, and
iv
omit “or section 20A(2)(c)”.
14
In regulation 64 (availability for employment) , in paragraph (2), for the words from “section 19(5)(b)” to “section 20A(2)(d) or (e)” substitute “section 19A(2)(d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b)”.
15
In regulation 65 (active seeking) , in paragraph (5) —
a
omit “whose jobseeker’s allowance is not payable by virtue of regulation 27A, or”; and
b
for the words from “section 19(5)(b)” to “section 20A(2)(d) or (e)”substitute “section 19A(2)(a), (d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b)”.
16
Regulation 66 (the jobseeker’s agreement) , in paragraph (1) for the words from “may be rendered” to “20B” substitute “section 19(2)(a), (b), (c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”.
17
Regulation 67 (sanctions) is amended as follows —
a
for “good cause”, in all places where those words appear, substitute “a good reason”;
b
in paragraph (1) —
i
for “section 19(5)(b) or section 20A(2)(b)”, in all places where those references appear, substitute “section 19A(2)(d), (e) or (f)”,
ii
in sub-paragraph (b), for “section 19(5)(b)(i), (ii), or (iv) or section 20A(2)(b)(i), (ii) or (iv)” substitute “section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme” and for “ in the case of an act or omission falling within section 19(5)(b) (iii) or section 20A(2)(b)(iii)” substitute “in the case where he has given up a place on a training scheme or employment programme”;
c
in paragraph (2) —
i
for “section 19(6)(c) or (d) or section 20A(2)(f) or (g)”, in all places where those references appear, substitute “section 19A(2)(c) or (d)”,
ii
for “section 19(5)(b) or (c) or section 20A(2)(b) or (c)”, substitute “section 19A(2)(d), (e), (f) or (g)”, and
iii
for “or rendered not payable in accordance with section 19(6)(a) or (b) or section 20A(2)(d) or (e)” substitute “section 19(2)(a) or (b)”;
d
in paragraph (3) —
i
for “done an act or omission falling within section 19(5)(b)(iii) or section 20A(2)(b)(iii)” substitute “given up a place on a training scheme or employment programme”, and
ii
for “section 19(5)(c) or section 20A(2)(c)” substitute “section 19A(2)(g)”.
18
Regulation 68 (reduced amount of allowance) is amended as follows —
a
in paragraph (1) —
i
omit from “satisfies” to “27A or”, and
ii
for the words from “section 19(5)” to “(f) or (g)” substitute “section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”;
b
in paragraph (2) —
i
omit from “satisfies” to “27A or”, and
ii
for the words from “section 19(5)” to “(f) or (g)” substitute “section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”.
19
In regulation 87 (transitional supplement to income-based jobseeker’s allowance) , paragraph (7)(b) is amended as follows —
a
in sub-paragraph (a) of the inserted paragraph (2A), for “section 19(6)(a) or (b)” substitute “section 19(2)(a) or (b)”; and
b
in the inserted paragraph (2B), for “section 19(6)(b)” substitute “section 19(2)(b)”.
20
In regulation 152 (relevant week) , in paragraph (1)(c), for the words from “is not payable” to “(circumstances in which a jobseeker’s allowance is not payable)”, substitute “is reduced for any period in accordance with regulations 69, 69A or 69B”.
21
In regulation 161 (additional conditions for payment of a jobseeker’s allowance) in paragraph (3)(d), for “ good cause” substitute “a good reason”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
6
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) for paragraph (6) substitute —
6
A decision of the Secretary of State under section 8 or 10 that a jobseeker’s allowance is reduced in accordance with section 19 or 19A of the Jobseeker’s Act or regulation 69B of the Jobseeker’s Allowance Regulations may be revised at anytime by the Secretary of State.
.
3
In paragraph (2) of regulation 6 (supersession of decisions) for sub-paragraphs (f) and (fa) substitute —
f
is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19 of the Jobseekers Act;
fa
is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under section 19A of the Jobseekers Act;
.
4
In regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
for paragraph (8) substitute —
8
A decision to which regulation 6(2)(f) applies shall take effect from the beginning of the period specified in regulation 69(6) of the Jobseeker’s Allowance Regulations.
;
b
for paragraph (8ZA) substitute —
8ZA
A decision to which regulation 6(2)(fa) applies shall take effect from the beginning of the period specified in regulation 69A(3) of the Jobseeker’s Allowance Regulations.
;
c
omit paragraph (8ZB).
Amendment of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011
7
The following provisions of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 are revoked —
a
regulations 7 (good cause), 8 (consequences of failure to participate in the scheme), 9 (hardship), 10 (hardship for joint-claim couples) and 17 (consequential amendments relating to decisions and appeals);
b
sub-paragraph (c) of regulation 18(2) (contracting out certain functions of the scheme) and the “and” which precedes it.
Amendment of the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011
8
Regulations 7 (good cause) and 8 (consequences of failure to participate in the scheme) of the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 are revoked.
Amendment of the Social Security (Credits) Regulations 1975
9
In paragraph (5) of regulation 8A of the Social Security (Credits) Regulations 1975 for sub-paragraphs (ba), (c) and (cc) substitute —
c
a week in respect of which, in relation to the person concerned, a jobseeker’s allowance was reduced in accordance with section 19 or 19A, or regulations made under section 19B, of the Jobseekers Act 1995 ; or
.
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
10th October 2012 |
The Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) (Amendment) Order 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011 , makes the following Order:
Citation, commencement and interpretation
1
1
This Order may be cited as the Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) (Amendment) Order 2012 and shall come into force on the day after the day on which it is made.
2
In this Order, “ the Order ” means the Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012 .
Amendment of the Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012
2
1
Article 7 of the Order is amended as follows.
2
After paragraph (2) insert —
2A
A person who falls within the description in sub-paragraphs (a) and (b) of paragraph (1) may not be appointed for a period ending on or after 1st July 2013.
2B
Paragraph (2A) does not apply in relation to an appointment —
a
made before 24th July 2012; and
b
where the period of the appointment ends on or after 1st July 2013.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
2nd July 2012 |
Sunday Trading (London Olympic Games and Paralympic Games) Act 2012
Suspension of restriction on Sunday trading hours
1
1
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts Sunday opening at large shops) does not apply during the suspension period.
2
But Schedule 3 to that Act (which restricts loading and unloading at large shops on Sunday mornings) is to apply during the suspension period to any shop to which it would apply during that period were it not for the disapplication made by subsection (1) .
3
“The suspension period” means the part of the London Olympics period which —
a
begins with Sunday 22 July 2012, and
b
ends with Sunday 9 September 2012.
4
“The London Olympics period” has the same meaning as in the London Olympic Games and Paralympic Games Act 2006 (see section 1(3) of that Act).
Opting out of Sunday work
2
1
Where a shop worker gives an opting-out notice in the pre-Games period that relates to work at an exempted large shop, section 41(3) of the Employment Rights Act 1996 has effect as if the notice period in relation to the shop worker were the period which —
a
begins with the day on which the notice is given, and
b
ends two months after that day, or with Saturday 21 July 2012 (if that is later).
2
Section 42(2) of that Act accordingly has effect in relation to the shop worker as if the reference to three months were a reference to the notice period as it is modified by subsection (1).
3
Where the opting-out notice includes an express statement to the effect that the shop worker objects to Sunday working only during the suspension period, the shop worker is to be treated for the purposes of that Act as having given an opting-in notice at the end of that period.
4
The “pre-Games period” is the period which —
a
begins with the day on which this Act is passed, and
b
ends with Monday 9 July 2012.
5
An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 would apply during the suspension period were it not for the disapplication made by section 1(1).
6
In this section —
“opting-in notice”, “opting-out notice” and “shop worker” each have the same meaning as in the Employment Rights Act 1996, and
“suspension period” has the meaning given in section 1(3).
Duration, transitional provision, extent and short title
3
1
Sections 1 and 2 are repealed immediately after the end of the suspension period (as defined by section 1 (3) ).
2
Subsection (3) applies in a case within section 2 where —
a
the opting-out notice was given less than three months before the end of the suspension period, and
b
section 42(2) of the Employment Rights Act 1996 (which sets out the case in which the notice period is to be one month beginning with the day on which the notice was given) does not apply.
3
For the purposes of section 41(3) of that Act, the notice period (which, as a result of the repeal made by subsection (1), reverts to being the period of three months beginning with the day on which the notice was given) is to be treated as ending immediately after that repeal.
4
This Act extends to England and Wales only.
5
This Act may be cited as the Sunday Trading (London Olympic Games and Paralympic Games) Act 2012. |
The School and Early Years Finance (England) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of powers conferred by sections 45A , 45AA , 47 , 47ZA , 47A(4) , 48(1) and (2) , 49(2) and (2A) and 138(7) of, and paragraph 2B of Schedule 14 to, the School Standards and Framework Act 1998 and section 24(3) of the Education Act 2002 .
PART 1 Introduction
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the School and Early Years Finance (England) Regulations 2012 and come into force on 1st January 2013.
2
These Regulations apply in relation to the financial year beginning on 1st April 2013.
3
These Regulations apply only in relation to England.
4
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2002 Act ” means the Education Act 2002;
“the 2005 Act ” means the Education Act 2005 ;
“the 2006 Act ” means the Education and Inspections Act 2006 ;
“the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009 ;
“the 2012 Regulations ” means the School Finance (England) Regulations 2012 ;
“academic year” means any period commencing with 1st August and ending with the next 31st July;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure treated as capital expenditure by virtue of
any regulations or directions made under section 16 of the Local Government Act 2003 ;
“ CRC ” means the CRC Energy Efficiency Scheme operated by the Environment Agency;
“central expenditure” means the total amount deducted by a local authority from their schools budget in accordance with regulation 8;
“ CERA ” means capital expenditure which an authority expect to charge to a revenue account of the authority within the meaning of section 22 of the Local Government Act 2003;
“children in need” means children in respect of whom the local authority in whose area they reside must provide a range and level of services appropriate to their needs under section 17 of the Children Act 1989 ;
“combined service” is a service funded partly from central expenditure, and partly from other budgets of the authority or contributions from other bodies;
“Dedicated Schools Grant” is a grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act;
“Early Years Foundation Stage Profile” has the meaning given in section 39 of the Childcare Act 2006 ;
“early years provision” has the meaning given in section 20 of the Childcare Act 2006;
“expenditure on the schools specific contingency” is central expenditure deducted for the purpose of ensuring that monies are available to enable an increase in a school’s budget share after it has been allocated and where it subsequently becomes apparent that a governing body have incurred expenditure which it would be unreasonable to expect them to meet from the school’s budget share which may include expenditure in relation to —
schools in financial difficulty,
the writing-off of deficits of schools which are discontinued, excluding any associated costs and overheads,
new, amalgamating or closing schools, or
other expenditure where the circumstances were unforeseen when initially determining the school’s budget share;
“funding period” means the financial year beginning on 1st April 2013;
“hospital education” means education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 Act (exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner and “hospital education places” shall be read accordingly;
“ IDACI ” means the Income Deprivation Affecting Children Index;
“IDACI bands” means the groupings of IDACI scores as published by the Department for Education in the document named “School Funding Reform: Arrangements for 2013-14” ;
“IDACI score” means the score allocated to a child under IDACI;
“institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 1992 ;
“key stage” means the key stage of the National Curriculum for England comprising the requirements and entitlements described in sections 84, 85 and 85A of the 2002 Act and “key stage 1”, “key stage 2”, “key stage 3” and “key stage 4” mean the first, second, third and fourth key stages referred to in those sections respectively, and references to the number of pupils at those key stages are references to the number at the school on 4th October 2012 unless otherwise stated;
“learning difficulty” means a significantly greater difficulty in learning than the majority of persons of his or her age, or a disability which either prevents or hinders the person from making use of facilities of a kind generally provided for further education to persons of his or her age;
“learning difficulty assessment” has the meaning given in section 13(5) of the 1996 Act, and a reference to a person being subject to learning difficulty assessment has the meaning given in section 13(4) of the 1996 Act;
“looked after child” means a person who, for the purposes of the Children Act 1989, is a child looked after by a local authority, and references to the authority looking after the child are to be read accordingly;
“non-domestic rate” has the meaning given in section 54 of the Local Government Finance Act 1988 ;
“ PFI scheme unitary payment” means a charge payable by a local authority under a private finance transaction, as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
“prescribed early years provision” means early years provision prescribed for the purposes of section 7(1) of the Childcare Act 2006;
“previous funding period” means the financial year beginning on 1st April 2012;
“primary or secondary school” means a primary or secondary school which is a community, foundation or voluntary school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“provider”, in relation to prescribed early years provision, may be a governing body of a school or a relevant early years provider;
“prudential borrowing” means borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate, where the revenue savings expected to be achieved are equal to or more than the expenditure expected to be incurred in borrowing the money;
“pupil premium” means the amount allocated by a local authority from the pupil premium grant to a school in respect of each registered pupil at that school who is entitled to it under the terms and conditions of the grant;
“pupil premium grant” is a grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act in respect of pupils who are entitled to a pupil premium;
“relevant early years provider” means a provider of prescribed early years provision, other than the governing body of a maintained school;
“relevant early years provision” means prescribed early years provision provided by a relevant early years provider;
“school census” means the record of individual pupil information supplied by local authorities to the Secretary of State under section 537A of the 1996 Act;
“school year” has the meaning given in section 579(1) of the 1996 Act ;
“sixth form grant” means a grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act in respect of sixth form pupils, on condition that it is passed on to a particular school;
“special Academy” means an Academy which meets the requirements of section 1A(2) of the Academies Act 2010 ;
“specific grant” means any grant (other than the Dedicated Schools Grant or any sixth form grant) paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;
“unavoidable costs” means costs which must be incurred by virtue of a statutory requirement.
5
In these Regulations —
a reference to a determination or redetermination of a budget share or amount to be allocated is for the funding period, unless otherwise stated;
a reference to a “governing body” of a school shall include the management committee of a pupil referral unit;
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes such expenditure of that class or description as the authority may incur in relation to Academies, and to pupils registered at Academies;
a reference to “special educational needs transport costs”, for the purposes of paragraph 4(d) of Schedule 2, is a reference to the costs of home to school transport for pupils with special educational needs in schools maintained by a local authority where the authority are meeting such costs because the revenue savings that will be achieved by placing such children in a school maintained by them are equal to, or greater than, the costs of such transport; and
a reference to “termination of employment costs”, for the purposes of paragraph 4(b) of Schedule 2, is a reference to expenditure relating to the dismissal or premature retirement of, or for the purpose of securing the resignation of, any person employed in a maintained school.
Revocation of previous Regulations
2
The Financing of Maintained Schools (England) Regulations 2004 , the School Finance (England) Regulations 2011 and the School Finance (Amendment) (England) Regulations 2011 are revoked on 1st April 2013.
Amendments
3
1
The Schools Forums (England) Regulations 2012 are amended as follows.
2
In regulation 8 —
a
in paragraph (9), for “paragraph (10)”, substitute “paragraphs (9A) to (10)”,
b
after paragraph (9) insert —
9A
Only the schools members of the schools forum who are representatives of primary schools may vote to decide whether or not to authorise the matters referred to in regulation 12(1)(d) of the School and Early Years Finance (England) Regulations 2012 where they relate to primary schools.
9B
Only the schools members of the schools forum who are representatives of secondary schools may vote to decide whether or not to authorise the matters referred to in regulation 12(1)(d) of the School and Early Years Finance (England) Regulations 2012 where they relate to secondary schools.
PART 2 Action to be Taken by a Local Authority
CHAPTER 1
Appropriation of the Non-Schools Education Budget
The Non-Schools Education Budget
4
The following classes or descriptions of local authority expenditure are prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local authority’s non-schools education budget, subject to the exceptions in regulation 7 —
a
those specified in Schedule 1, including expenditure on associated administrative costs and overheads; and
b
any expenditure which falls outside the classes or descriptions of expenditure specified in regulation 6 and Schedule 2 (the schools budget).
CHAPTER 2
Determination of Schools Budgets, Individual Schools Budgets, and Budget Shares
Initial determination of a local authority’s schools budget
5
A local authority must not later than 15th March 2013 —
a
make an initial determination of their schools budget; and
b
give notice of that determination to the governing bodies of the schools they maintain.
The schools budget
6
1
The classes or descriptions of local authority expenditure specified in sub-paragraphs (a) to (e) and Schedule 2 are prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local authority’s schools budget, subject to paragraph (2) and the exceptions in regulation 7 —
a
expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools, pupil referral units, at home or in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local authority;
c
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, in so far as that expenditure does not fall within sub-paragraph (a) or (b);
d
expenditure on the education of —
i
pupils or students up to the age of 25 with special educational needs,
ii
persons provided with further education who are aged under 19 and have learning difficulties, and
iii
persons provided with further education who are aged 19 or over but under 25 and are subject to learning difficulty assessment,
in so far as that expenditure does not fall within sub-paragraphs (a) to (c); and
e
expenditure on early years provision, in so far as that expenditure does not fall within sub-paragraphs (a) to (d).
2
Where a local authority operates a combined service for the benefit of pupils referred to in paragraph (1), expenditure referred to in paragraph 36(c) of Schedule 2 to the 2012 Regulations is only expenditure prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local authority’s schools budget where that expenditure is incurred in providing an educational benefit to those pupils.
Exceptions
7
A local authority’s non-schools education budget or schools budget must not include the following classes or descriptions of expenditure —
a
capital expenditure, other than —
i
CERA,
ii
capital expenditure appropriated to the schools budget for the purpose of funding pay arrears due to staff whose salaries are met from the schools budget;
b
expenditure on capital financing, other than expenditure incurred —
i
on prudential borrowing,
ii
for the purpose of meeting the costs of financing the payment of pay arrears referred to in paragraph (a)(ii); and
c
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings).
Determination of the individual schools budget for the funding period and limit on increase in central expenditure
8
1
Subject to paragraphs (2) to (8), not later than 15th March 2013, a local authority must deduct from their schools budget such of the classes or descriptions of planned expenditure set out in Schedule 2 (“the central expenditure”) as they propose to deduct, in order to determine their individual schools budget.
2
Central expenditure referred to in paragraphs 3 and 4 of Part 1 (Central Services) of Schedule 2 may only be deducted by the local authority where the expenditure is to be incurred as a result of decisions taken in previous funding periods that commit the authority to incur expenditure in the funding period.
3
In deducting the central expenditure referred to in Part 1 (Central Services) of Schedule 2, a local authority must not exceed the limits referred to in paragraph 5 of Schedule 2, unless they are authorised to do so under regulation 25.
4
A local authority must not deduct the central expenditure referred to in paragraphs 8 or 9 of Schedule 2 without authorisation from their schools forum under regulation 12(1), or the Secretary of State under regulation 12(3), of the criteria for determining the expenditure.
5
A local authority must not deduct the central expenditure referred to in Part 1 (Central Services), Part 2 (Central Schools Expenditure), Part 3 (Central Early Years Expenditure) or Part 5 (Items That May Be Removed From Maintained Schools’ Budget Shares) of Schedule 2 without authorisation from their schools forum under regulation 12(1), or the Secretary of State under regulation 12(3).
6
Where a local authority carries forward a deficit in the central expenditure from the previous funding period to the funding period which reduces the amount of the schools budget available, the funding of this deficit from the schools budget must be authorised by their schools forum under regulation 12(1), or the Secretary of State under regulation 12(3).
7
A local authority may apply to the Secretary of State for authorisation under regulation 25(1) to deduct from their schools budget any expenditure falling outside the classes or descriptions of planned expenditure set out in Schedule 2, in order to determine their individual schools budget.
8
References to planned expenditure in this regulation and Schedule 2 are references to that expenditure net of —
a
all related specific grants;
b
all related fees, charges and income; and
c
any funding received from the Secretary of State in respect of PFI scheme unitary payments,
and the expenditure referred to in Schedule 2 includes expenditure on associated administrative costs and overheads.
Consultation
9
1
In determining the formulae under regulation 10 a local authority may make changes to the formulae they determined under regulation 9 of the 2012 Regulations.
2
Subject to paragraph (4), a local authority must consult their schools forum and schools maintained by them about any proposed changes under paragraph (1), in relation to the factors and criteria taken into account, and the methods, principles and rules adopted.
3
Where a local authority proposes to makes changes under paragraph (1) which will affect relevant early years providers in their area they must also consult those providers in relation to the factors and criteria taken into account, and the methods, principles and rules adopted.
4
Paragraph (2) does not apply to changes made relating to matters referred to in regulation 20 (sixth form funding) or 23 (excluded pupils).
5
A local authority must consult their schools forum before incurring any of the expenditure referred to in paragraphs 8 or 9 of Schedule 2.
Formulae for determination of budget shares etc for certain maintained schools and early years providers
10
1
A local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2), decide upon the formula which they will use to determine the budget shares for schools maintained by them (other than special schools, pupil referral units, nursery schools and in relation to nursery classes in schools maintained by them).
2
A local authority must use the formula determined under paragraph (1) in all determinations of school budget shares in respect of the funding period.
3
A local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2) or 9(3), decide upon the formula they will use to determine —
a
the budget shares for nursery schools maintained by them;
b
the amounts to be allocated in respect of nursery classes in schools maintained by them; and
c
the amounts to be allocated to relevant early years providers in their area.
4
A local authority must use the formula determined under paragraph (3) in all determinations of budget shares for nursery schools maintained by them, the amounts to be allocated in respect of nursery classes in schools maintained by them and the amounts to be allocated to relevant early years providers in their area in respect of the funding period.
5
A local authority may not make changes to their formulae after the funding period has commenced.
Determination of allocation of budget shares etc for the funding period
11
1
Not later than 15th March 2013, a local authority must determine the budget share for each of the schools maintained by them (other than special schools, pupil referral units, nursery schools and in relation to nursery classes in schools maintained by them), using the formula referred to in regulation 10(1) in accordance with Part 3 of these Regulations.
2
When making the determination under paragraph (1) the local authority must identify within each budget share an amount calculated by reference to the requirements, factors and criteria specified in Part 3 which are relevant to pupils with special educational needs.
3
After the local authority has made a determination under paragraph (1) but before giving notice under paragraph (6), the authority may apply to their schools forum under regulation 12(1), or to the Secretary of State under regulation 12(3) for authorisation to redetermine schools’ budget shares by removing any of the expenditure referred to in Part 5 of Schedule 2 (Items That May Be Removed From Maintained Schools’ Budget Shares) from the budget shares of —
a
all primary schools other than nursery schools,
b
all secondary schools, or
c
all primary schools other than nursery schools, and all secondary schools,
where the expenditure is instead to be treated as central expenditure.
4
Not later than 15th March 2013, a local authority must determine the budget share for each of the special schools and pupil referral units maintained by them in accordance with Part 3 of these Regulations.
5
Not later than 31st March 2013, a local authority must determine the budget share for each of the nursery schools maintained by them, the amount to be allocated in respect of each nursery class in schools maintained by them and the amount to be allocated to each relevant early years provider in their area, using the formula referred to in regulation 10(3) in accordance with Part 3 of these Regulations.
6
Not later than 31st March 2013, a local authority must give notice of each budget share or amount determined under paragraphs (1), (4) and (5) to the governing body of the school or the relevant early years provider concerned, except where the budget share has been redetermined under paragraph (3) in which case the authority must give notice of the redetermined budget share.
CHAPTER 3
Further Deductions and Variations to Limits Authorised by Schools Forums or the Secretary of State
Applications to the schools forum and the Secretary of State
12
1
Subject to paragraph (2), on the application of a local authority, their schools forum may authorise —
a
the criteria for determining expenditure referred to in paragraphs 8 or 9 of Schedule 2, under regulation 8(4);
b
the making of deductions from the authority’s schools budget of certain central expenditure under regulation 8(5);
c
the funding of any deficit in the authority’s central expenditure from the schools budget under regulation 8(6); or
d
the redetermination of schools’ budget shares by removal of any of the expenditure referred to in Part 5 of Schedule 2 (Items That May Be Removed From Maintained Schools’ Budget Shares) from schools’ budget shares where it is instead to be treated by the authority as central expenditure, under regulation 11(3).
2
Where —
a
a schools forum does not authorise any of the matters referred to in paragraph (1); or
b
a local authority are not required to establish a schools forum for their area,
the authority may make an application to the Secretary of State for such authorisation.
3
On the application of a local authority under paragraph (2), the Secretary of State may authorise the matters referred to in paragraph (1).
PART 3 Determination of Budget Shares etc
CHAPTER 1
Requirements, and Factors and Criteria Taken into Account
Pupil numbers
13
1
Subject to regulation 16 (special arrangements for pupils in maintained nursery schools and nursery classes and children receiving relevant early years provision) and paragraph (2), in determining and redetermining budget shares for primary and secondary schools, a local authority must ascertain and take into account in their formula the number of registered pupils at those schools on the date specified in paragraph (3).
2
For the purposes of paragraph (1), the number of registered pupils does not include pupils —
a
in places in primary or secondary schools which the authority have reserved for children with special educational needs, or
b
in respect of whom a sixth form grant is payable.
3
The date for ascertaining pupil numbers is 4th October 2012.
4
Where a primary school had more registered pupils in reception classes on 19th January 2012 than on 6th October 2011, the authority may take into account in their formula the number of additional pupils, and where they do so this factor must be applied to all primary schools in the area.
5
A local authority must include in their formula a single per pupil amount for each of the following —
a
the number of registered pupils in reception classes and at key stage 1 and 2,
b
the number of registered pupils at key stage 3, and
c
the number of registered pupils at key stage 4,
where the number of registered pupils is calculated with reference to paragraphs (2) to (4).
Places
14
1
In determining and redetermining budget shares for —
a
special schools, and
b
primary or secondary schools with places which the authority have reserved for children with special educational needs,
paragraphs (2) and (3) have effect.
2
A local authority must include the sum of £10,000 for each place other than —
a
places for pupils in respect of whom a sixth form grant is payable, and
b
hospital education places.
3
For each hospital education place the local authority must include the equivalent amount per place which the authority included in their budget share in the previous funding period for hospital education.
4
In determining and redetermining budget shares for pupil referral units, paragraphs (5) and (6) have effect.
5
A local authority must include the sum of £8,000 for each place other than hospital education places.
6
For each hospital education place the local authority must include the equivalent amount per place which the authority provided to the pupil referral unit in the previous funding period for hospital education.
Social deprivation
15
1
In determining budget shares for schools maintained by them (other than special schools, pupil referral units or nursery schools), a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation in pupils registered at the schools maintained by them, subject to paragraphs (2) to (4).
2
The authority must base the incidence of social deprivation referred to in paragraph (1) on one or both of the following —
a
either a pupil’s eligibility for free school meals on 4th October 2012 or a pupil’s eligibility for free school meals recorded in any school census between and including Summer 2006 and Spring 2012,
b
a pupil’s IDACI score on 4th October 2012,
and where it is based on an IDACI score the authority may use factors which differentiate between different IDACI bands.
3
In determining budget shares pursuant to paragraph (1) the authority may take into account in their formula a single per pupil amount for each socially deprived pupil in reception classes and at key stage 1 and 2, and a single per pupil amount for each socially deprived pupil at key stage 3 and 4.
4
In paragraph (3) a reference to a “socially deprived pupil” is to a pupil who has been determined as being such pursuant to paragraph (2).
5
Other than in respect of two year olds, in determining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation in pupils registered at the nursery school or in the nursery class or among children receiving relevant early years provision from the provider, and the determination of the incidence of social deprivation must be based on the characteristics of the pupils or children and not on the location of the school or provider.
6
In determining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
in respect of two year olds, a local authority may take into account in their formula a factor or factors based on the incidence of social deprivation in pupils registered at the nursery school or in the nursery class or among children receiving relevant early years provision from the provider, and the determination of the incidence of social deprivation must be based on the characteristics of the pupil or child and not on the location of the school or provider.
Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision
16
1
Subject to paragraphs (5) and (6), in determining —
a
budget shares for nursery schools maintained by them,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
a local authority must take into account in their formula the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class or of children receiving prescribed early years provision from the relevant early years provider, as the case may be, using as a basis for the calculation the most recent data available about the actual numbers of registered pupils or children receiving prescribed early years provision.
2
A local authority must review the budget share for each maintained nursery school and the amount allocated in respect of each nursery class when further information about hours of attendance becomes available, taking into account —
a
in the case where the local authority decide to fund only prescribed early years provision —
i
the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class who will receive prescribed early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
ii
the actual total number of hours of such attendance for the period;
b
in the case where the local authority decide to fund early years provision in excess of that which is prescribed —
i
the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class who will receive early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
ii
the actual total number of hours of such attendance for the period; and
redetermine that budget share or amount allocated, as the case may be.
3
A local authority must review the amount allocated to each relevant early years provider, when further information about hours of attendance becomes available, taking into account —
a
the predicted total number of hours of attendance of children who will receive prescribed early years provision from the relevant early years provider during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
b
the actual total numbers of hours of such attendance for the period; and
redetermine the amount allocated.
4
Where a local authority make any redetermination pursuant to paragraph (2) or (3) they must give notice to the governing body of the school or the relevant early years provider concerned of the redetermination and the date on which it will be implemented, within 28 days of the redetermination.
5
When determining budget shares for maintained nursery schools, amounts to be allocated in respect of nursery classes and amounts to be allocated to relevant early years providers in their area, a local authority may weight the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class or of children receiving prescribed early years provision from the relevant early years provider according to the special educational needs of any such pupils or children.
6
When determining amounts to be allocated to relevant early years providers in their area, a local authority may weight the predicted total number of hours of attendance of children receiving prescribed early years provision from the relevant early years provider according to whether any children have been admitted to the relevant early years provider in excess of the number agreed with the authority.
7
When determining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
a local authority may take into account in their formula the number of places they wish to fund in the school, class or provider (instead of the predicted total number of hours of attendance), where those places have been reserved by the authority for children with special educational needs, children in need or children that meet the condition prescribed by regulation 3(2) of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012 .
Differential funding
17
For the purpose of determining or redetermining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
a local authority may use factors or criteria which differentiate between different categories or descriptions of school or provider on the basis of unavoidable costs.
Additional requirements, factors or criteria
18
1
Subject to paragraph (3), in determining budget shares, a local authority may take into account in their formula any or all of the requirements, factors or criteria set out in Part 1 of Schedule 3, and where they do the date for ascertaining pupil numbers is 4th October 2012, save as otherwise stated.
2
Subject to regulation 17 (differential funding), in determining budget shares for nursery schools maintained by them, amounts to be allocated in respect of nursery classes in schools maintained by them and amounts to be allocated to relevant early years providers in their area, a local authority may take into account in their formula any or all of the requirements, factors or criteria set out in Part 2 of Schedule 3.
3
The requirements, factors and criteria set out in Schedule 3 may not be taken into account by a local authority on the basis of actual or estimated cost unless otherwise stated in that Schedule.
4
Subject to paragraphs (5) and (6), in determining the budget shares for schools maintained by them (other than special schools, pupil referral units and nursery schools), with reference to the per pupil amount of redetermined adjusted budget share for the previous funding period, a local authority may —
a
determine a percentage beyond which the per pupil amount of redetermined adjusted budget share a school would otherwise be allocated must not increase by, or
b
determine a proportionate limit to this increase.
5
In paragraph (4) “redetermined adjusted budget share for the previous funding period” and “redetermined adjusted budget share” have the same meanings as in Schedule 4.
6
Where the local authority decide to determine such a percentage or proportionate limit under paragraph (4) it must be applied to the budget shares of all schools in the local authority area.
Minimum funding guarantee
19
1
Subject to paragraph (4), in determining and redetermining budget shares for primary and secondary schools maintained by them, a local authority must ensure that an amount equal to the guaranteed funding level is included, calculated in accordance with Schedule 4.
2
For the purpose of determining budget shares, paragraph (1) does not apply to any school opening during the funding period, except in the circumstances set out in paragraph 3 of Schedule 4.
3
In determining and redetermining —
a
budget shares for nursery schools maintained by them,
b
amounts to be allocated in respect of nursery classes in schools maintained by them, and
c
amounts to be allocated to relevant early years providers in their area,
a local authority must ensure that the number by which they multiply the predicted total number of hours calculated pursuant to regulation 16(1) is no lower than 1.5 percent less than the number by which they multiplied the predicted total number of hours calculated pursuant to regulation 16(1) of the 2012 Regulations for making such determinations in the previous funding period.
4
A local authority may make changes to the operation of this regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State under regulation 25 (alternative arrangements).
Sixth form funding
20
1
A local authority must include in the budget shares of secondary and special schools an amount equal to any sum notified to the local authority by the Secretary of State as being the allocation in respect of that school’s sixth form grant.
2
A local authority may, in determining budget shares, use a factor which allocates funding in respect of the number of registered pupils in sixth forms on 4th October 2012 subject to the limitation in paragraph (3).
3
Where a local authority use a factor in determining budget shares pursuant to paragraph (2) they must ensure that the amount allocated per pupil in respect of this factor in the funding period is no greater that the amount that was allocated per pupil in sixth forms in the previous funding period, save that in determining the amount allocated per pupil in the previous funding period account should be taken of amounts that formed part of central expenditure in that funding period.
4
A local authority must redetermine the budget share of a secondary school before the end of the funding period where the authority receive a written notification from the Secretary of State of a revised allocation in respect of the sum referred to in paragraph (1).
New schools
21
A local authority must determine a budget share for any new school in their area from the date of the school’s opening in accordance with this Part.
Federated schools
22
1
Subject to paragraphs (2) and (3), where two or more schools are federated under section 24 of the 2002 Act, the local authority must determine a budget share for each school in accordance with Part 3 of these Regulations.
2
After carrying out the determination under paragraph (1) the local authority may treat the schools as a single school for the purposes of these Regulations and, accordingly, allocate a single budget share to the governing body of the federation.
3
Where the local authority decide to allocate a single budget share to the governing body of a federation under paragraph (2) they must determine this by combining the budget shares of all the schools that form part of that federation.
4
Where one or more schools are to leave a federation which has been allocated a single budget share under paragraph (2), the local authority must —
a
determine the budget share for each of the leaving schools; and
b
redetermine the budget share for the federation,
in accordance with Part 3 of these Regulations.
CHAPTER 2
Adjustments, Correction of Errors, and Alternative Arrangements Authorised by the Secretary of State
Pupils permanently excluded from, or leaving, maintained schools
23
1
Where a pupil is permanently excluded from a school maintained by a local authority (other than a special school, pupil referral unit or from a place which the authority have reserved for children with special educational needs) (“the excluding school”) the authority must redetermine the excluding school’s budget share in accordance with paragraph (2).
2
The excluding school’s budget share must be reduced by the amount
A x ( B / 52 ) + C
where —
a
A is the amount determined by the authority in accordance with this Part, that would be attributable to a registered pupil of the same age and personal circumstances as the pupil in question at primary or secondary schools maintained by the authority for the full funding period;
b
B is the number of complete weeks remaining in the funding period calculated from the relevant date, except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date; and
c
C is the amount of the adjustment made to the school’s budget share pursuant to a financial adjustment order.
3
Where a pupil who has been permanently excluded from a school maintained by a local authority is admitted to another school maintained by a local authority other than a pupil referral unit (“the admitting school”) in the funding period, the authority must redetermine the admitting school’s budget share in accordance with paragraphs (4) and (5).
4
The admitting school’s budget share must be increased by an amount which may not be less than the amount
D x ( E / F )
where —
a
D is the amount by which the authority reduced the budget share of the excluding school, or would have reduced the budget share had that school been maintained by the authority, except that any reduction in the excluding school’s budget share made pursuant to a financial adjustment order must not be taken into account for these purposes;
b
E is the number of complete weeks remaining in the funding period during which the pupil is a registered pupil at the admitting school; and
c
F is the number of complete weeks remaining in the funding period calculated from the relevant date.
5
In redetermining the admitting school’s budget share, the authority may increase it by any amount up to the amount of the adjustment made by the excluding school’s budget share pursuant to a financial adjustment order.
6
Where a permanently excluded pupil is subsequently reinstated by the governing body of the school, the school’s budget share must be increased by an amount which is no less than
G x ( H / I )
where —
a
G is the amount by which the authority reduced the school’s budget share under paragraph (2);
b
H is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and
c
I is the number of complete weeks remaining in the funding period calculated from the relevant date.
7
Paragraphs (1) and (2) also apply where a pupil leaves a maintained school other than a pupil referral unit for reasons other than permanent exclusion and is receiving education funded by a local authority other than at a school which is maintained by that authority.
8
For the purposes of paragraph (2)(a), the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula, by reference to pupil numbers rather than by reference to any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom a sixth form grant is payable, the amount attributable to that pupil is £3,135 for the funding period).
9
Where a pupil in respect of whom a pupil premium is payable has been permanently excluded from a school maintained by a local authority other than a pupil referral unit (“the excluding school”) the local authority must redetermine the excluding school’s budget share in accordance with paragraph (10).
10
The excluding school’s budget share must be reduced by
J x ( K / 52 )
where —
a
J is the amount of the pupil premium allocated to the excluding school for the funding period in respect of that child; and
b
K is the number of complete weeks remaining in the funding period calculated from the relevant date, except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, K is the number of complete weeks remaining in that school year calculated from the relevant date.
11
Where a pupil in respect of whom a pupil premium is payable has been permanently excluded from a school maintained by a local authority and admitted to another school maintained by a local authority other than a pupil referral unit (“the admitting school”) in the funding period, the authority must redetermine the budget share of the admitting school in accordance with paragraph (12).
12
The admitting school’s budget share must be increased by an amount which may not be less than
L x ( M / N )
where —
a
L is the amount by which the authority reduced the budget share of the excluding school or would have reduced the budget share had that school been maintained by the authority;
b
M is the number of complete weeks remaining in the funding period during which the pupil is a registered pupil at the admitting school; and
c
N is the number of complete weeks remaining in the funding period calculated from the relevant date.
13
Where a permanently excluded pupil in respect of whom a pupil premium is payable is subsequently reinstated by the governing body of the school, the school’s budget share must be increased by an amount which is no less than
O x ( P / Q )
where —
a
O is the amount by which the authority reduced the school’s budget share under paragraph (10);
b
P is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and
c
Q is the number of complete weeks remaining in the funding period calculated from the relevant date.
14
Paragraphs (9) and (10) also apply where a pupil in respect of whom a pupil premium is payable leaves a maintained school other than a pupil referral unit for reasons other than permanent exclusion and is receiving education funded by a local authority other than at a school which is maintained by that authority.
15
For the purposes of this regulation —
a
“the relevant date” is the sixth school day following the date on which the pupil has been permanently excluded; and
b
“a financial adjustment order” means an order for the adjustment of a school’s budget share made under regulation 25(5)(b) of The School Discipline (Pupil Exclusions and Reviews) (England) Regulations in respect of the exclusion of the pupil from the excluding school.
Correction of errors and changes in non-domestic rates
24
1
A local authority may at any time during the funding period redetermine a school’s budget share or the amount allocated to a relevant early years provider for the funding period or any earlier funding period in order to correct an error in a determination or redetermination under these or any previous Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise, and any such redetermination will take effect in the following funding period.
2
A local authority may redetermine a school’s budget share to take into account any changes in that school’s non-domestic rate liability in relation to the funding period or any earlier funding period.
3
In so far as any redetermination under paragraph (1) would require the amount that would otherwise have been the budget share of a school to be reduced, it may not be reduced to a figure which is lower than that which could have been allocated to that school under the regulations in force during the funding period in which the error occurred.
Alternative arrangements approved by Secretary of State
25
1
Subject to paragraph (2), on application by a local authority, the Secretary of State may authorise the authority to —
a
disregard the limits referred to in paragraph 5 of Schedule 2 when deducting any expenditure referred to in regulation 8(3) (Central Services expenditure),
b
deduct any expenditure referred to in regulation 8(7) (expenditure falling outside of Schedule 2),
c
determine or redetermine budget shares of schools maintained by them,
d
determine or redetermine amounts to be allocated in respect of nursery classes in schools maintained by them,
e
determine or redetermine amounts to be allocated to relevant early years providers in their area,
f
include additional factors or criteria in their formula under regulation 10(1) (formula for determining budget shares) where the nature of a school’s premises exceptionally gives rise to significant additional cost,
g
include additional factors or criteria that the authority propose to include in their formula under regulation 10(3) (early years single funding formula),
h
vary the amount by which a school’s redetermined adjusted budget shall be reduced for the purpose of determining the guaranteed level of funding in paragraph 1 of Schedule 4,
i
disregard regulation 13 (pupil numbers), or
j
disregard regulation 14 (places) in the determination and redetermination of budget shares for pupil referral units.
2
The Secretary of State may authorise the matters referred to in paragraph (1) to such extent as the Secretary of State may specify in accordance with arrangements approved in place of the arrangements provided for by these Regulations.
PART 4 Schemes
Required content of schemes
26
A scheme prepared by a local authority under section 48(1) of the 1998 Act must deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 5.
Approval by the schools forum or the Secretary of State of proposals to revise schemes
27
1
Where a local authority submit a copy of their proposals to revise their scheme to their schools forum for approval pursuant to paragraph 2A(3)(b) of Schedule 14 to the 1998 Act, the members of the schools forum who represent schools maintained by the authority may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
2
Where the schools forum approves the proposals to revise the scheme, it may specify the date upon which the revised scheme is to come into force.
3
Where —
a
the schools forum refuses to approve proposals submitted under paragraph 2A(3)(b) of Schedule 14 to the 1998 Act, or approves any such proposals subject to modifications which are not acceptable to the local authority; or
b
the local authority are not required to establish a schools forum for their area,
the authority may apply to the Secretary of State for approval of such proposals.
4
The Secretary of State may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
5
When approving proposals to revise the scheme, the Secretary of State may specify the date upon which the revised scheme is to come into force.
6
No revised scheme is to come into force unless approved by the schools forum or the Secretary of State in accordance with this regulation.
Publication of schemes
28
1
A local authority —
a
must publish their scheme on a website which is accessible to the general public; and
b
may publish it elsewhere, in such manner as they see fit.
2
Whenever a local authority revise the whole or part of their scheme they must publish the scheme as revised on a website which is accessible to the general public by the date that the revisions are due to come into force, together with a statement that the revised scheme comes into force on that date.
David Laws
Minister of State
Department for Education
27th November 2012
SCHEDULE 1
CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY
Regulation 4
Special educational provision
1
Expenditure on services provided by educational psychologists.
2
Expenditure in connection with the authority’s functions under sections 321 to 331 of the 1996 Act (which functions relate to the identification and assessment of children with special educational needs and the making, maintaining and reviewing of statements for such children).
3
Expenditure on monitoring the provision for pupils in schools (whether or not maintained by the authority) for the purposes of disseminating good practice in relation to, and improving the quality of educational provision for, children with special educational needs.
4
Expenditure on collaboration with other statutory and voluntary bodies to provide support for children with special educational needs.
5
Expenditure in connection with —
a
the provision of parent partnership services (that is services provided under section 332A of the 1996 Act to give advice and information to parents of children with special educational needs), or other guidance and information to such parents which, in relation to pupils at a school maintained by the authority, are in addition to the information usually provided by the governing bodies of such schools; or
b
arrangements made by the authority with a view to avoiding or resolving disagreements with the parents of children with special educational needs.
6
Expenditure on carrying out the authority’s child protection functions under the Children Act 1989, functions under section 175 of the 2002 Act, and other functions relating to child protection.
7
Expenditure incurred in entering into, or subsequently incurred pursuant to, an arrangement under section 31 of the Health Act 1999 or regulations made under section 75 of the National Health Service Act 2006 (arrangements between NHS bodies and local authorities).
8
Expenditure on the provision of special medical support for individual pupils in so far as such expenditure is not met by a Primary Care Trust, National Health Service Trust, NHS foundation trust or Local Health Board.
School improvement
9
Expenditure incurred by a local authority in respect of action to support the improvement of standards in the authority’s schools, in particular expenditure incurred in connection with functions under the following sections of the 2006 Act —
a
section 60 (performance standards and safety warning notice),
b
section 60A (teachers’ pay and conditions warning notice),
c
section 63 (power of local authority to require governing bodies of schools eligible for intervention to enter into arrangements),
d
section 64 (power of local authority to appoint additional governors),
e
section 65 (power of local authority to provide for governing bodies to consist of interim executive members) and Schedule 6; and
f
section 66 (power of local authority to suspend right to delegated budget).
Access to education
10
Expenditure in relation to the following matters —
a
management of the authority’s capital programme including preparation and review of an asset management plan and negotiation and management of private finance transactions;
b
planning and managing the supply of school places, including the authority’s functions in relation to the establishment, alteration or discontinuance of schools pursuant to Part 2 of, and Schedule 2 to, the 2006 Act;
c
the authority’s functions in relation to the exclusion of pupils from schools, excluding any provision of education to excluded pupils, but including advice to the parents of such pupils;
d
the authority’s functions under sections 508A, 508E and 509 (school travel) of the 1996 Act; and
e
the authority’s functions under sections 510 and 514 of the 1996 Act (provision and administration of clothing grants and boarding grants), and pursuant to regulations made under section 518(2) of the 1996 Act.
11
Expenditure arising from the authority’s functions under Chapter 2 of Part 6 of the 1996 Act (school attendance).
12
Expenditure on the provision of support for students under regulations made under section 1(1) of the Education Act 1962 and under section 22 of the Teaching and Higher Education Act 1998.
13
Expenditure on discretionary grants paid under section 1(6) or 2 of the Education Act 1962 (awards for designated and other courses).
14
Expenditure on the payment of 16-19 Bursaries .
15
Expenditure on the provision of tuition in music, or on other activities which provide opportunities for pupils to enhance their experience of music.
16
Expenditure incurred in enabling pupils to enhance their experience of the visual, creative and performing arts other than music.
17
Expenditure on outdoor education centres, but not including centres wholly or mainly for the provision of organised games, swimming or athletics.
Additional education and training for children, young persons and adults
18
Expenditure on the provision of education and training and of organised leisure time occupation, and other provision under sections 15ZA and 15ZC of the 1996 Act.
19
Expenditure on the provision by the local authority under sections 507A and 507B of the 1996 Act of recreation, social and physical training, educational leisure-time activities and recreational leisure-time activities.
Strategic management
20
Expenditure on education functions related to —
a
functions of the director of children’s services and the personal staff of the director;
b
planning for the education service as a whole;
c
functions of the authority under Part I of the Local Government Act 1999 (Best Value) and the provision of advice to assist governing bodies in procuring goods and services with a view to securing continuous improvement in the way the functions of those governing bodies are exercised, having regard to a combination of economy, efficiency and effectiveness;
d
revenue budget preparation, preparation of information on income and expenditure relating to education for incorporation into the authority’s annual statement of accounts, and the external audit of grant claims and returns relating to education;
e
administration of grants to the authority (including preparation of applications), functions imposed by or under Chapter IV of Part 2 of the 1998 Act (financing of maintained schools) and, where it is the authority’s duty to do so, ensuring payments are made in respect of taxation, national insurance and superannuation contributions;
f
authorisation and monitoring of —
i
expenditure which is not met from schools’ budget shares, and
ii
expenditure in respect of schools which do not have delegated budgets,
and all related financial administration;
g
the formulation and review of the methods of allocation of resources to schools and other bodies;
h
the authority’s monitoring of compliance with the requirements of their financial scheme prepared under section 48 of the 1998 Act, and any other requirements in relation to the provision of community facilities by governing bodies under section 27 of the 2002 Act;
i
internal audit and other tasks necessary for the discharge of the authority’s chief finance officer’s responsibilities under section 151 of the Local Government Act 1972 ;
j
the authority’s functions under regulations made under section 44 of the 2002 Act ;
k
recruitment, training, continuing professional development, performance management and personnel management of staff who are funded by expenditure not met from schools’ budget shares and who are paid for services carried out in relation to those of the authority’s functions and services which are referred to in other paragraphs of this Schedule;
l
investigations which the authority carry out of employees, or potential employees, of the authority, or of governing bodies of schools, or of persons otherwise engaged, or to be engaged, with or without remuneration to work at or for schools;
m
functions of the authority in relation to local government superannuation which it is not reasonably practicable for another person to carry out, and functions of the authority in relation to the administration of teachers’ pensions;
n
retrospective membership of pension schemes and retrospective elections made in respect of pensions where it would not be appropriate to expect the governing body of a school to meet the cost from the school’s budget share;
o
advice, in accordance with the authority’s statutory functions, to governing bodies in relation to staff paid, or to be paid, to work at a school, and advice in relation to the management of all such staff collectively at any individual school, including in particular advice with reference to alterations in remuneration, conditions of service and the collective composition and organisation of such staff;
p
determination of conditions of service for non-teaching staff, and advice to schools on the grading of such staff;
q
the authority’s functions regarding the appointment or dismissal of employees;
r
consultation and functions preparatory to consultation with or by governing bodies, pupils and persons employed at schools or their representatives, or with other interested bodies;
s
compliance with the authority’s duties under the Health and Safety at Work etc Act 1974 and the relevant statutory provisions as defined in section 53(1) of that Act, in so far as compliance cannot reasonably be achieved through tasks delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such tasks by governing bodies and, where necessary, the giving of advice to them;
t
the investigation and resolution of complaints;
u
legal services relating to the statutory functions of the authority;
v
the preparation and review of plans involving collaboration with other local authority services or with public or voluntary bodies;
w
provision of information to or at the request of the Crown and the provision of other information which the authority are under a duty to make available;
x
the authority’s functions pursuant to regulations made under section 12 of the 2002 Act (supervising authorities of companies formed by governing bodies); and
y
the authority’s functions under the discrimination provisions of the Equality Act 2010 in so far as compliance cannot reasonably be achieved through tasks delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such tasks by governing bodies and, where necessary, the giving of advice to them.
Other functions
21
Expenditure in pursuance of a binding agreement, where the other party is a local authority, or the other parties include one or more local authorities, in relation to the operation of a facility provided partly, but not solely, for the use of schools.
22
Expenditure on establishing and maintaining those electronic computer systems, including data storage, which are intended primarily to maintain linkage between local authorities and their schools.
23
Expenditure on monitoring National Curriculum assessment arrangements required by orders made under section 87 of the 2002 Act.
24
Expenditure in connection with the authority’s functions in relation to the standing advisory council on religious education constituted by the authority under section 390 of the 1996 Act or in the reconsideration and preparation of an agreed syllabus of religious education in accordance with Schedule 31 to the 1996 Act.
25
Expenditure in respect of the dismissal or premature retirement of, or for the purpose of securing the resignation of, or in respect of acts of discrimination against, any person except to the extent that these costs are chargeable to schools’ budget shares or fall within paragraph 4(b) of Schedule 2.
26
Expenditure in respect of a teacher’s emoluments under section 19(9) of the Teaching and Higher Education Act 1998.
27
Expenditure on the appointment of governors, the making of instruments of government, the payment of expenses to which governors are entitled and which are not payable from a school’s budget share, and the provision of information to governors.
28
Expenditure on making pension payments, other than in respect of staff employed in schools.
29
Expenditure on insurance, other than for liability arising in connection with schools or school premises.
30
Expenditure in connection with powers and duties performed under Part 2 of the Children and Young Persons Act 1933 (enforcement of, and power to make byelaws in relation to, restrictions on the employment of children).
SCHEDULE 2
CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET
Regulations 6 and 8
PART 1 Central Services
1
Expenditure on the operation of the system of admissions of pupils to schools (including expenditure incurred in carrying out consultations under section 88C(2) of the 1998 Act ) and in relation to appeals.
2
Expenditure in connection with the authority’s functions under section 47A of the 1998 Act (establishment and maintenance of, and consultation with, schools forums).
3
CERA incurred for purposes not falling within any other paragraph of this Schedule or Schedule 1.
4
Expenditure on —
a
prudential borrowing;
b
termination of employment costs, where the schools forum have approved the charging of these costs to the schools budget for the funding period in which they were incurred and the revenue savings achieved by the termination of employment to which they relate are equal to or greater than the costs incurred;
c
combined services where the expenditure relates to classes or descriptions of expenditure falling outside those set out in this Schedule;
d
special educational needs transport costs; and
e
purposes not falling within any other paragraph of this Schedule, provided that the expenditure does not amount in total to more than 0.1% of the authority’s schools budget;
where the expenditure has been approved by the schools forum or the Secretary of State in a previous funding period.
5
Any deductions under each of paragraphs 1 to 4 must not exceed the amount deducted under each of paragraphs 13, 31, 33, 34, 36(a), 36(b), 36(c) and 36(e) of Schedule 2 to the 2012 Regulations for the previous funding period.
PART 2 Central Schools Expenditure
6
Expenditure on pay arrears due to staff employed at maintained schools and other staff whose salaries are met from the schools budget, and expenditure on the costs of financing payment of such arrears, where the expenditure is not chargeable to a maintained school’s budget share under the terms of the local authority’s scheme.
7
Expenditure pursuant to section 18 of the 1996 Act in making any grant or other payment in respect of fees or expenses (of whatever nature) which are payable in connection with the attendance of pupils at a school which is not maintained by any local authority.
8
Expenditure due to a significant growth in pupil numbers as a result of the local authority’s duty under section 13(1) of the 1996 Act to secure that efficient primary education and secondary education are available to meet the needs of the population of their area.
9
Expenditure to be incurred prior to the opening of new schools to fund the appointment of staff and to enable the purchase of any goods and services necessary in order to admit pupils.
10
Expenditure in order to make provision for extra classes in order to comply with the School Admissions (Infant Class Sizes) (England) Regulations 2012 .
11
Expenditure on the purchase of CRC allowances for schools.
12
Remission of boarding fees payable in connection with the attendance of pupils at maintained schools and Academies.
PART 3 Central Early Years Expenditure
13
Expenditure on early years provision, excluding expenditure —
a
on such provision in a maintained school; and
b
on relevant early years provision.
14
Expenditure on determining the eligibility —
a
of a pupil for free school meals where that pupil is being provided with early years provision; or
b
of a child for prescribed early years provision.
PART 4 Pupils With High Needs
15
Expenditure in respect of pupils with special educational needs at primary and secondary schools and in relevant early years providers, excluding expenditure —
a
in respect of pupils in places which the authority have reserved for children with special educational needs; or
b
where it would be reasonable to expect such expenditure to be met from a school’s budget share, the amount allocated to a relevant early years provider or the general annual grant paid to an Academy by the Secretary of State.
16
Expenditure in respect of pupils —
a
with special educational needs at special schools and special Academies; or
b
in places at primary or secondary schools or Academies which the authority have reserved for children with special educational needs,
where the expenditure cannot be met from the sum referred to in regulation 14(2).
17
Expenditure in respect of persons provided with further education who are —
a
aged under 19 and have learning difficulties, or
b
aged 19 or over but under 25 and are subject to learning difficulty assessment.
18
Expenditure on support services for pupils who have a statement of special educational needs and for pupils with special educational needs who do not have such a statement.
19
Expenditure for the purposes of encouraging —
a
collaboration between special schools and primary and secondary schools to enable children with special educational needs to engage in activities at primary and secondary schools;
b
the education of children with special educational needs at primary and secondary schools; and
c
the engagement of children with special educational needs at primary and secondary schools in activities at the school with children who do not have special educational needs
in cases where the local authority consider it would be unreasonable for such expenditure to be met from a school’s budget share.
20
Expenditure incurred in relation to education otherwise than at school under section 19 of the 1996 Act or in relation to a pupil referral unit, where the expenditure cannot be met from the sum referred to in regulation 14(5).
21
Expenditure on the payment of fees in respect of pupils with special educational needs —
a
at independent schools or at special schools which are not maintained by a local authority under section 348 of the 1996 Act; or
b
at an institution outside England and Wales under section 320 of the 1996 Act.
22
Expenditure on hospital education services, aside from expenditure on hospital education places referred to in regulation 14(3) and (6).
23
Expenditure on special schools and pupil referral units in financial difficulty.
24
Expenditure on costs in connection with private finance initiatives and the programme known as “Building Schools for the Future” at special schools.
PART 5 Items That May Be Removed From Maintained Schools’ Budget Shares
25
Expenditure (other than expenditure referred to in Schedule 1 or any other paragraph of this Schedule) incurred on services relating to the education of children with behavioural difficulties, and on other activities for the purpose of avoiding the exclusion of pupils from schools.
26
Expenditure on determining the eligibility of a pupil for free school meals.
27
Expenditure on making payments to, or in providing a temporary replacement for, a woman on maternity leave or a person on adoption leave.
28
Expenditure on making payments to, or in providing a temporary replacement for, any person —
a
carrying out trade union duties or undergoing training under sections 168 and 168A of the Trade Union and Labour Relations (Consolidation) Act 1992 ;
b
taking part in trade union activities under section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992;
c
performing public duties under section 50 of the Employment Rights Act 1996 ;
d
undertaking jury service;
e
who is a safety representative under the Safety Representatives and Safety Committees Regulations 1977 ;
f
who is a representative of employee safety under the Health and Safety (Consultation with Employees) Regulations 1996 ;
g
who is an employee representative for the purposes of Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, as defined in section 196 of that Act or regulation 13(3) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;
h
taking time off for ante-natal care under section 55 of the Employment Rights Act 1996;
i
undertaking duties as a member of the reserve forces as defined in section 1(2) of the Reserve Forces Act 1996 ;
j
suspended from working at a school; or
k
who is appointed a learning representative of a trade union, in order for that person to analyse training requirements or to provide or promote training opportunities, and to carry out consultative or preparatory work in connection with such functions.
29
Expenditure on making payments to, or in providing a temporary replacement for, a person who is seconded on a full-time basis for a period of three months or more other than to a local authority or the governing body of a school.
30
Expenditure on making payments to, or in providing a temporary replacement for, persons who have been continuously absent from work because of illness for 21 days or more.
31
Expenditure on insurance in respect of liability arising in connection with schools and school premises.
32
Expenditure on services to schools provided by museums and galleries.
33
Expenditure on library services.
34
Expenditure on licence fees or subscriptions paid on behalf of schools.
35
Expenditure on the schools’ specific contingency.
36
Expenditure for the purposes of —
a
improving the performance of under-performing pupils from minority ethnic groups; or
b
meeting the specific needs of bilingual pupils.
SCHEDULE 3
ADDITIONAL REQUIREMENTS, OR FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT, IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 18
Regulation 18
PART 1 Applicable only to budget shares for maintained schools
1
A single sum of an equal amount to be given to each school of up to £200,000 per school.
2
Prior attainment based on the number of pupils in school years 1 to 4, who achieved either —
a
fewer than 78 points; or
b
fewer than 73 points,
on the current Early Years Foundation Stage Profile.
3
Prior attainment based on the number of pupils at key stages 3 and 4 who achieved level 3 or lower in both English and Maths at key stage 2.
4
A single per pupil amount for each pupil, based on the number of pupils in school years 1 and 2 and at key stage 2 for whom English is not their first language, where either —
a
the pupil has been attending a school or schools in England since 7th October 2010;
b
the pupil has been attending a school or schools in England since 6th October 2011; or
c
the pupil has been attending a school or schools in England since 4th October 2012.
5
A single per pupil amount for each pupil, based on the number of pupils at key stages 3 and 4 for whom English is not their first language, where either —
a
the pupil has been attending a school or schools in England since 7th October 2010;
b
the pupil has been attending a school or schools in England since 6th October 2011; or
c
the pupil has been attending a school or schools in England since 4th October 2012.
6
A single per pupil amount in respect of pupil mobility, based on the number of pupils at key stages 1 and 2 who joined the school —
a
in the previous three academic years at any time other than August or September, excluding pupils who joined the school in the nursery class, if the school has such a class; and
b
in the reception class at any time other than January, in the previous three academic years.
7
A single per pupil amount in respect of pupil mobility, based on the number of pupils at key stages 3 and 4 who joined the school in the last three academic years at any time other than August or September.
8
A single per pupil amount, based on the number of pupils who on 31st March 2012 were either —
a
looked after children and were attending a school in the local authority area;
b
children who had been looked after for six months or more and were attending a school in the local authority area; or
c
children who had been looked after for twelve months or more and were attending a school in the local authority area.
9
Funding for schools with split sites, where the funding must be in accordance with criteria published by the authority.
10
Non-domestic rates payable in respect of the premises of each school (including actual or estimated cost).
11
Payments in relation to a private finance initiative (including actual or estimated cost).
12
Differential salaries of teachers at schools in the county councils of Buckinghamshire, Essex, Hertfordshire, Kent or West Sussex due to the schools being in different London salary weighting areas.
PART 2 Applicable only to budget shares for, and amounts to be allocated to, providers of prescribed early years provision
13
Incidence of looked after children.
14
Prior attainment of pupils entering a school or relevant early years provider.
15
Pupils and children for whom English is not their first language.
16
A single sum for each school and relevant early years provider which may vary according to the type of provider.
17
Funding for schools and relevant early years providers with split sites, where the funding must be in accordance with criteria published by the authority.
18
Non-domestic rates payable in respect of the premises of each school or relevant early years provider (including actual or estimated cost).
19
Payments in relation to a private finance initiative (including actual or estimated cost).
20
Differential salaries of teachers at schools in the county councils of Buckinghamshire, Essex, Hertfordshire, Kent or West Sussex due to the schools being in different London salary weighting areas.
21
The need to improve the quality of provision by particular providers or types of provider.
22
The degree of flexibility in the hours of attendance that a provider makes available.
23
The need to secure or sustain a sufficiency of prescribed early years provision within the authority’s area or any sub-area within that area; and in this paragraph “sub-area” means —
a
an electoral division or ward of the authority; or
b
such other appropriate geographical division into which the authority have notionally divided their area.
SCHEDULE 4
MINIMUM FUNDING GUARANTEE
Regulation 19
1
In this Schedule —
a
references to the number of pupils exclude those funded by a sixth form grant and those in places which the local authority have reserved for children with special educational needs;
b
the “relevant number” of pupils for the previous funding period is the number of pupils at the school on 6th October 2011;
c
the “relevant number” of pupils for the funding period is the number of pupils at the school on 4th October 2012;
d
references to a redetermined adjusted budget share for the previous funding period must be reduced by the following —
i
any amount included pursuant to regulation 20 (sixth form funding) of the 2012 Regulations,
ii
any amount allocated to the school pursuant to Schedule 3 of the 2012 Regulations where such amount has been deducted from the schools budget under Part 4 (Pupils With High Needs) of Schedule 2,
iii
any amount the local authority estimates the school would have been allocated for places the authority reserves for children with special educational needs in the previous funding period had regulation 14(2) applied to the previous funding period,
iv
any amount allocated to the school pursuant to regulation 9(3)(b) (nursery classes) of the 2012 Regulations,
v
any amount included in respect of paragraph 8 (rates) of Schedule 3 of the 2012 Regulations, and
vi
any amount allocated to the school pursuant to paragraph 1 (single sum) of Schedule 3.
e
references to a redetermined adjusted budget share for the funding period include the effect of any alternative arrangements approved by the Secretary of State under regulation 25, but are reduced by the following —
i
any amount included pursuant to regulation 20 (sixth form funding),
ii
any amount allocated under regulation 14(2) (places in special schools and places reserved for children with special educational needs),
iii
any amount included in respect of paragraph 10 (rates) of Schedule 3,
iv
any amount allocated to the school pursuant to paragraph 1 (single sum) of Schedule 3,
v
any amounts allocated pursuant to regulation 10(1) (formula for determining budget shares) which would have been within a class or description of the expenditure listed in Schedule 2 to the 2012 Regulations that the authority deducted in the previous funding period, and
vi
any amount allocated to the school under regulation 10(3) (early years single funding formula);
f
for the purposes of this Schedule —
i
where a school opened during the previous funding period, its redetermined adjusted budget share for the previous funding period is the amount it would have been had the school opened on 1st April 2012,
ii
where a school opens during the funding period, its redetermined adjusted budget share for the funding period is the amount it would have been had the school opened on 1st April 2013,
adjusted in accordance with sub-paragraph (d) or (e), whichever is applicable.
2
Where
( A / B )
is less than
( C / D )
then the guaranteed funding level is
( C / D ) x B
where —
A is the redetermined adjusted budget share for the funding period,
B is the relevant number of pupils in the funding period,
C is the redetermined adjusted budget share for the previous funding period multiplied by 0.985, and
D is the number of relevant pupils in the previous funding period.
3
Where a new school opens during the funding period and is a replacement for two or more schools being discontinued during the funding period its guaranteed funding level must be calculated in accordance with paragraph 2, subject to paragraph 4.
4
In calculating the guaranteed level of funding under paragraph 3 the relevant number of pupils in the previous funding period under paragraph 1(b) is the sum of the relevant number of pupils in the discontinued schools on 6th October 2011.
SCHEDULE 5
CONTENTS OF SCHEMES
Regulation 26
1
The carrying forward from one funding period to another of surpluses and deficits arising in relation to schools’ budget shares.
2
Amounts which may be charged against schools’ budget shares.
3
Amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used.
4
The imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets and of sums made available to governing bodies by the authority which do not form part of delegated budgets, including conditions prescribing financial controls and procedures.
5
Terms on which services and facilities are provided by the authority for schools maintained by them.
6
The payment of interest by or to the authority.
7
The times at which amounts equal in total to the school’s budget share are to be made available to governing bodies and the proportion of the budget share to be made available at each such time.
8
The virement between budget heads within the delegated budget.
9
Circumstances in which a local authority may delegate to the governing body the power to spend any part of the authority’s non-schools education budget or schools budget in addition to those set out in section 49(4)(a) to (c) of the 1998 Act .
10
The use of delegated budgets and of sums made available to a governing body by the local authority which do not form part of delegated budgets.
11
Borrowing by governing bodies.
12
The banking arrangements that may be made by governing bodies.
13
A statement as to the personal liability of governors in respect of schools’ budget shares having regard to section 50(7) of the 1998 Act.
14
A statement as to the allowances payable to governors of a school which does not have a delegated budget in accordance with the scheme made by the authority for the purposes of section 519 of the 1996 Act .
15
The keeping of a register of any business interests of the governors and the head teacher.
16
The provision of information by and to the governing body.
17
The maintenance of inventories of assets.
18
Plans of a governing body’s expenditure.
19
A statement as to the taxation of sums paid or received by a governing body.
20
Insurance.
21
The use of delegated budgets by governing bodies so as to satisfy the authority’s duties imposed by or under the Health and Safety at Work etc Act 1974.
22
The provision of legal advice to a governing body.
23
Funding for child protection issues.
24
How complaints by persons working at a school or by school governors about financial management or financial propriety at the school will be dealt with and to whom such complaints should be made.
25
Expenditure incurred by a governing body in the exercise of the power conferred by section 27 of the 2002 Act. |
The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2) and 29(2) of the Prosecution of Offences Act 1985 :
Citation and commencement
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012 and come into force on 18th June 2012.
Amendment of the Prosecution of Offences (Custody Time Limits) Regulations 1987
2
1
The Prosecution of Offences (Custody Time Limits) Regulations 1987 are amended as follows.
2
In regulation 5 (custody limits in the Crown Court) —
a
in paragraph (6B), omit “under section 51 of the Crime and Disorder Act 1998 (“the 1998 Act ”)”;
b
in paragraph (6C), omit “under section 51 of the 1998 Act”;
c
in paragraph (6D), omit “under section 51 of the 1998 Act”.
Signed by the authority of the Secretary of State
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
17th May 2012 |
The Animals (Scientific Procedures) Act 1986 (Fees) Order 2012
The Secretary of State, in exercise of the powers conferred by section 8 of the Animals (Scientific Procedures) Act 1986 , makes the following Order:
Citation, commencement and extent
1
1
This Order may be cited as the Animals (Scientific Procedures) Act 1986 (Fees) Order 2012 and shall come into force on the 1st January 2013.
2
In this Order the “ 1986 Act ” means the Animals (Scientific Procedures) Act 1986.
3
This Order extends to England and Wales and Scotland.
Fees payable under the Animals (Scientific Procedures) Act 1986.
2
1
The fee payable by the holder of a licence issued under section 2C (Licensing of undertakings) of the 1986 Act which authorises the holder to carry on an undertaking involving the activity mentioned in section 2B(2)(a) of the 1986 Act (applying of regulated procedures to protected animals) shall be determined as follows.
2
In respect of the period of twelve months beginning on 1st April in any year, there shall be a fixed and a variable element of the fee.
3
The fixed element for such a licence which is in force for the whole or any part of that period is £252.
4
The variable element is £226 for each person who during the whole or any part of that period holds a personal licence which specifies the establishment to which the licence relates as the place where the licence is primarily available.
3
The fee payable by the holder of a licence issued under section 2C (Licensing of undertakings) of the 1986 Act which authorises the holder to carry on an undertaking involving the activity mentioned in section 2B(2)(b) of the 1986 Act (breeding of protected animals) or 2B(2)(c) (keeping of protected animals) of the 1986 Act in respect of the whole or any part of the period of twelve months beginning on 1st April in any year is hereby prescribed as £1,130.
4
The Animals (Scientific Procedures) Act 1986 (Fees) Order 2000 is revoked.
Taylor of Holbeach
Parliamentary Under Secretary of State
Home Office
7th December 2012 |
The Postal Services Act 2011 (Disclosure of Information) Order 2012
In accordance with sections 56(4) and 89(4) of that Act a draft of this Order was laid before and approved by a resolution of each House of Parliament.
Citation and Commencement
1
1
This Order may be cited as the Postal Services Act 2011 (Disclosure of Information) Order 2012.
2
This Order comes into force on the day following the day on which it is made.
Interpretation
2
In this Order, “ the Act ” means the Postal Services Act 2011.
Prescription of bodies and persons
3
Each of the following is a prescribed body or other person for the purposes of section 56(2)(d) of the Act —
the Civil Aviation Authority;
the Coal Authority;
the Competition Commission;
the Consumer Panel (as established under section 16(2) of the Communications Act 2003 );
any district council in Northern Ireland;
the Financial Services Authority;
the Gas and Electricity Markets Authority;
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
the Insolvency Practitioners Tribunal;
any local weights and measures authority in Great Britain;
any Minister of the Crown;
the National Consumer Council;
the Northern Ireland Authority for Utility Regulation;
any Northern Ireland department;
any Northern Ireland Minister;
the Office of Fair Trading;
the Office of Rail Regulation;
any official receiver in England, Wales or Northern Ireland;
any Scottish Minister;
the Treasury;
the Water Appeals Commission for Northern Ireland;
the Water Services Regulation Authority.
Prescription of enactments
4
Each of the following is a prescribed enactment for the purposes of section 56(2)(d) or (f) of the Act —
the Industrial and Provident Societies Act 1965 ;
the Industrial and Provident Societies Act 1967 ;
the Trade Descriptions Act 1968 ;
the Friendly and Industrial and Provident Societies Act 1968 ;
the Fair Trading Act 1973 ;
the Health and Safety at Work etc. Act ;
the Consumer Credit Act 1974 ;
the Friendly Societies Act 1974 ;
the Industrial and Provident Societies Act 1975 ;
the Industrial and Provident Societies Act 1978 ;
the Credit Unions Act 1979 ;
the Estate Agents Act 1979 ;
the Competition Act 1980 ;
the Solicitors (Scotland) Act 1980 ;
the Telecommunications Act 1984 ;
the Companies Act 1985 ;
the Airports Act 1986 ;
the Gas Act 1986 ;
the Insolvency Act 1986 ;
the Company Directors Disqualification Act 1986 ;
the Building Societies Act 1986 ;
the Consumer Protection Act 1987 ;
the Water Act 1989 ;
the Electricity Act 1989 ;
the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ;
the Courts and Legal Services Act 1990 ;
the Broadcasting Act 1990 ;
the Property Misdescriptions Act 1991 ;
the Water Industry Act 1991 ;
the Water Resources Act 1991 ;
the Friendly Societies Act 1992 ;
the Railways Act 1993 ;
the Coal Industry Act 1994 ;
the Employment Rights Act 1996 ;
the Competition Act 1998 ;
the Financial Services and Markets Act 2000 ;
the Regulation of Investigatory Powers Act 2000 ;
the Postal Services Act 2000 ;
the Utilities Act 2000 ;
Part I of the Transport Act 2000 ;
the Insolvency Act 2000 ;
the Transport (Scotland) Act 2001 ;
the Industrial and Provident Societies Act 2002 ;
the Enterprise Act 2002 ;
the Communications Act 2003 ;
the Water Act 2003 ;
the Consumer Credit Act 2006 ;
the Companies Act 2006 ;
the Consumers, Estate Agents and Redress Act 2007 ;
the Legal Services Act 2007 ;
Schedule 7 to the Counter-Terrorism Act 2008 ;
the Health and Safety at Work (Northern Ireland) Order 1978 ;
the Audit (Northern Ireland) Order 1987 ;
the Insolvency (Northern Ireland) Order 1989 ;
the EEC Merger Control (Distinct Market Investigations) Regulations 1990 ;
the Electricity (Northern Ireland) Order 1992 ;
Part IV of the Airports (Northern Ireland) Order 1994 ;
the Gas (Northern Ireland) Order 1996 ;
the Water (Northern Ireland) Order 1999 ;
the Unfair Terms in Consumer Contracts Regulations 1999 ;
the Consumer Protection (Distance Selling) Regulations 2000 ;
the Sale and Supply of Goods to Consumers Regulations 2002 ;
the Energy (Northern Ireland) Order 2003 ;
the Competition Act 1998 (Concurrency) Regulations 2004 ;
the Financial Services (Distance Marketing) Regulations 2004 ;
the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 ;
the Water and Sewerage Services (Northern Ireland) Order 2006 ;
the Money Laundering Regulations 2007 ;
the Business Protection from Misleading Marketing Regulations 2008 ;
the Consumer Protection from Unfair Trading Regulations 2008 ;
the Payment Services Regulations 2009 .
Prescription of other circumstances and purposes
5
Each of the following is a prescribed circumstance or purpose for the purposes of section 56(2)(h) of the Act —
a
the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of their functions under any enactment;
b
complying with any international obligation of the United Kingdom;
c
the conduct of negotiations by the Secretary of State with representatives of the government of a country outside the United Kingdom;
d
the provision of information, by or with the consent of the Secretary of State, to any international organisation of which the United Kingdom is a member.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
19th April 2012 |