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The European Union (Definition of Treaties) (Republic of Korea Framework Agreement) Order 2012
Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 1(3) of the European Communities Act 1972, is pleased, by and with the advice of Her Privy Council, to order as follows:
1
This Order may be cited as the European Union (Definition of Treaties) (Republic of Korea Framework Agreement) Order 2012.
2
It shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom .
3
The treaty specified in the Schedule is to be regarded as an EU Treaty as defined in section 1(2) of the European Communities Act 1972.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE
Article 2
The Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed at Brussels on the 10th May 2010 . |
The Police Reform and Social Responsibility Act 2011 (Commencement No. 6) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 157(1) of the Police Reform and Social Responsibility Act 2011 .
Citation and interpretation
1
1
This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 6) Order 2012.
2
In this Order “ the Act ” means the Police Reform and Social Responsibility Act 2011.
Provisions coming into force on 31 October 2012
2
The day appointed for the coming into force of the following provisions of the Act is 31st October 2012 —
a
section 119 (early morning alcohol restriction orders);
b
Chapter 2 of Part 2 (late night levy);
c
Chapter 3 of Part 2 (alcohol disorder zones).
Jeremy Browne
Minister of State
Home Office
23rd October 2012 |
The Family Procedure (Amendment) (No.5) Rules 2012
Citation and commencement
1
These rules may be cited as the Family Procedure (Amendment) (No.5) Rules 2012 and come into force on 31st January 2013.
Amendments to the Family Procedure Rules 2010
2
The Family Procedure Rules 2010 are amended in accordance with rules 3 to 6.
3
In rule 1.4 for paragraph (2) substitute —
2
Active case management includes —
a
setting timetables or otherwise controlling the progress of the case;
b
identifying at an early stage —
i
the issues; and
ii
who should be a party to the proceedings;
c
deciding promptly —
i
which issues need full investigation and hearing and which do not; and
ii
the procedure to be followed in the case;
d
deciding the order in which issues are to be resolved;
e
controlling the use of expert evidence;
f
encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;
g
helping the parties to settle the whole or part of the case;
h
encouraging the parties to co-operate with each other in the conduct of proceedings;
i
considering whether the likely benefits of taking a particular step justify the cost of taking it;
j
dealing with as many aspects of the case as it can on the same occasion;
k
dealing with the case without the parties needing to attend at court;
l
making use of technology; and
m
giving directions to ensure that the case proceeds quickly and efficiently.
.
4
Omit rules 12.20 and 12.74.
5
For “proceedings relating to children” substitute “children proceedings” in —
a
the headings to Part 12 and to Part 12, Chapter 7; and
b
rule 12.43(a).
6
For Part 25 substitute Part 25 (Experts and assessors) as set out in the Schedule to these rules.
Paul Carr
Martyn Cook
Chris Darbyshire
Bruce Edgington
Angela Finnerty
Mike Hinchliffe
Ruth Lindley-Glover
David Salter
Lucy Theis, J,
Philip Waller
John Wilson
I allow these Rules
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
10th December 2012
SCHEDULE
Rule 6
PART 25 EXPERTS AND ASSESSORS
Duty to restrict expert evidence
25.1
Expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings.
Interpretation
25.2
1
In this Part —
“authorised applicant” means —
the National Society for the Prevention of Cruelty to Children; or
a person authorised by an order under section 31 of the 1989 Act to bring proceedings under that section;
“children proceedings” means —
proceedings referred to in rules 12.1 and 14.1 and any other proceedings which relate wholly or mainly to the maintenance or upbringing of a minor;
applications for permission to start proceedings mentioned in paragraph (a);and
applications made in the course of proceedings mentioned in paragraph (a);
“expert” means a person who provides expert evidence for use in proceedings;
“local authority” —
in relation to England means —
a county council;
a district council for an area for which there is no county 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 means a county council or a county borough council;
“single joint expert” means a person who provides expert evidence for use in proceedings on behalf of two or more of the parties (including the applicant) to the proceedings.
2
References to providing expert evidence, or putting expert evidence before a court, do not include references to —
a
the provision or giving of evidence —
i
by a person who is a member of the staff of a local authority or an authorised applicant;
ii
in proceedings to which the authority or authorised applicant is a party; and
iii
in the course of the person’s work for the authority or the authorised applicant;
b
the provision or giving of evidence —
i
by a person within a description prescribed for the purposes of section 94(1) of the 2002 Act (suitability for adoption etc ); and
ii
about the matters mentioned in that subsection;
c
the provision or giving of evidence by an officer of the service, or by a Welsh family proceedings officer when acting in those capacities.
(Regulation 3 of the Restriction on the Preparation of Adoption Reports Regulations 2005 ( S.I. 2005/1711 ) sets out which persons are within a prescribed description for the purposes of section 94(1) of the 2002 Act.)
Experts-overriding duty to the court
25.3
1
It is the duty of experts to help the court on matters within their expertise.
2
This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.
(Particular duties of an expert are set out in Practice Direction 25B (The Duties of an Expert, the Expert’s Report and Arrangements for an Expert to Attend Court.)
Court’s power to restrict expert evidence
25.4
1
In any proceedings, a person may not without the permission of the court put expert evidence (in any form) before the court.
2
In children proceedings —
a
an expert may not be instructed; and
b
a child may not be medically or psychiatrically examined or otherwise assessed for the purposes of the provision of expert evidence in the proceedings,
without the court’s permission.
3
Where in contravention of paragraph 2(a) an expert is instructed, evidence resulting from the instructions is inadmissible in children proceedings unless the court rules that it is admissible.
4
Where in contravention of paragraph 2(b) a child is medically or psychiatrically examined or otherwise assessed, evidence resulting from the examination or other assessment is inadmissible in children proceedings unless the court rules that it is admissible.
Further provisions about the court’s power to restrict expert evidence
25.5
1
When deciding whether to give permission as mentioned in rule 25.4(1) or (2) in children proceedings, the court is to have regard in particular to —
a
any impact which giving permission would be likely to have on the welfare of the children concerned, including in the case of permission as mentioned in rule 25.4(2)(b) any impact which any examination or other assessment would be likely to have on the welfare of the child who would be examined or otherwise assessed;
b
the issues to which the expert evidence would relate;
c
the questions which the court would require the expert to answer;
d
what other expert evidence is available (whether obtained before or after the start of proceedings);
e
whether evidence could be given by another person on the matters on which the expert would give evidence;
f
the impact which giving permission would be likely to have on the timetable, duration and conduct of the proceedings;
g
any failure to comply with rule 25.6 or any direction of the court about expert evidence; and
h
the cost of the expert evidence.
2
When deciding whether to give permission as mentioned in rule 25.4(1) in proceedings other than children proceedings, the court is to have regard in particular to —
a
the issues to which the expert evidence would relate;
b
the questions which the court would require the expert to answer;
c
the impact which giving permission would be likely to have on the timetable, duration and conduct of the proceedings;
d
any failure to comply with rule 25.6 or any direction of the court about expert evidence; and
e
the cost of the expert evidence.
When to apply for the court’s permission
25.6
Unless the court directs otherwise, parties must apply for the court’s permission as mentioned in rule 25.4 as soon as possible and —
a
in public law proceedings referred to in rule 12.2, no later than the Case Management Conference ;
b
in private law proceedings referred to in rule 12.2, no later than the First Hearing Dispute Resolution Appointment ;
c
in adoption proceedings and placement proceedings, no later than the first directions hearing ;
d
in proceedings for a financial remedy, no later than the first appointment ;
e
in a defended case referred to in rule 7.1(3), no later than any case management hearing directed by the court under rule 7.20.
What an application notice requesting the court’s permission must include
25.7
1
Part 18 applies to an application for the court’s permission as mentioned in rule 25.4.
2
In any proceedings —
a
the application notice requesting the court’s permission as mentioned in rule 25.4 must state —
i
the field in which the expert evidence is required;
ii
where practicable, the name of the proposed expert;
iii
the issues to which the expert evidence is to relate;
iv
whether the expert evidence could be obtained from a single joint expert;
v
the other matters set out in Practice Direction 25C or 25D, as the case may be; and
b
a draft of the order sought is to be attached to the application notice requesting the court’s permission and that draft order must set out the matters specified in Practice Direction 25C or 25D, as the case may be.
3
In children proceedings, an application notice requesting the court’s permission as mentioned in rule 25.4 must, in addition to the matters specified in paragraph (2)(a), state the questions which the expert is to be required to answer.
Where permission is granted
25.8
1
In any proceedings, where the court grants permission as mentioned in rule 25.4 —
a
it will grant permission only in relation to the expert named or the field identified in the application notice requesting the court’s permission; and
b
the court will give directions specifying the date by which the expert is to provide a written report.
2
In children proceedings, in addition to the directions in paragraph (1)(b), the court will give directions —
a
approving the questions which the expert is required to answer;
b
specifying the date by which the expert is to receive the letter of instruction.
General requirement for expert evidence to be given in a written report
25.9
1
Expert evidence is to be given in a written report unless the court directs otherwise.
2
The court will not direct an expert to attend a hearing unless it is necessary to do so in the interests of justice.
Written questions to experts
25.10
1
A party may put written questions about an expert’s report to —
a
an expert instructed by another party; or
b
a single joint expert appointed under rule 25.11.
2
Unless the court directs otherwise or a practice direction provides otherwise, written questions under paragraph (1) —
a
must be proportionate;
b
may be put once only;
c
must be put within 10 days beginning with the date on which the expert’s report was served;
d
must be for the purpose only of clarification of the report; and
e
must be copied and sent to the other parties at the same time as they are sent to the expert.
3
An expert’s answers to questions put in accordance with paragraph (1) —
a
must be given within the timetable specified by the court; and
b
are treated as part of the expert’s report.
4
Where —
a
a party has put a written question to an expert instructed by another party; and
b
the expert does not answer that question,
the court may make one or both of the following orders in relation to the party who instructed the expert —
i
that the party may not rely on the evidence of that expert; or
ii
that the party may not recover the fees and expenses of that expert from any other party.
Court’s power to direct that evidence is to be given by a single joint expert
25.11
1
Where two or more parties wish to put expert evidence before the court on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.
2
Where the parties who wish to put expert evidence before the court (“the relevant parties”) cannot agree who should be the single joint expert, the court may —
a
select the expert from a list prepared or identified by the relevant parties; or
b
direct that the expert be selected in such other manner as the court may direct.
Instructions to a single joint expert
25.12
1
Where the court gives a direction under rule 25.11(1) for a single joint expert to be used, the instructions are to be contained in a jointly agreed letter unless the court directs otherwise.
2
Where the instructions are to be contained in a jointly agreed letter, in default of agreement the instructions may be determined by the court on the written request of any relevant party copied to the other relevant parties.
3
Where the court permits the relevant parties to give separate instructions to a single joint expert, each instructing party must, when giving instructions to the expert, at the same time send a copy of the instructions to the other relevant parties.
4
The court may give directions about —
a
the payment of the expert’s fees and expenses; and
b
any inspection, examination or assessments which the expert wishes to carry out.
5
The court may, before an expert is instructed, limit the amount that can be paid by way of fees and expenses to the expert.
6
Unless the court directs otherwise, the relevant parties are jointly and severally liable for the payment of the expert’s fees and expenses.
Power of court to direct a party to provide information
25.13
1
Subject to paragraph (2), where a party has access to information which is not reasonably available to another party, the court may direct the party who has access to the information to —
a
prepare and file a document recording the information; and
b
serve a copy of that document on the other party.
2
In proceedings under Part 14 (procedure for applications in adoption, placement and related proceedings), a court officer will send a copy of the document recording the information to the other party.
Contents of report
25.14
1
An expert’s report must comply with the requirements set out in Practice Direction 25B.
2
At the end of an expert’s report there must be a statement that the expert understands and has complied with the expert’s duty to the court.
3
The instructions to the expert are not privileged against disclosure.
(Rule 21.1 explains what is meant by disclosure.)
Use by one party of expert’s report disclosed by another
25.15
Where a party has disclosed an expert’s report, any party may use that expert’s report as evidence at any hearing where an issue to which the report relates is being considered.
Discussions between experts
25.16
1
The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to —
a
identify and discuss the expert issues in the proceedings; and
b
where possible, reach an agreed opinion on those issues.
2
The court may specify the issues which the experts must discuss.
3
The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which —
a
they agree; and
b
they disagree, with a summary of their reasons for disagreeing.
Expert’s right to ask court for directions
25.17
1
Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.
2
Experts must, unless the court directs otherwise, provide copies of the proposed requests for directions under paragraph (1) —
a
to the party instructing them, at least 7 days before they file the requests; and
b
to all other parties, at least 4 days before they file them.
3
The court, when it gives directions, may also direct that a party be served with a copy of the directions.
Copies of orders and other documents
25.18
Unless the court directs otherwise, a copy of any order or other document affecting an expert filed with the court after the expert has been instructed, must be served on the expert by the party who instructed the expert or, in the case of a single joint expert, the party who was responsible for instructing the expert, within 2 days of that party receiving the order or other document.
Action after final hearing
25.19
1
Within 10 business days after the final hearing, the party who instructed the expert or, in the case of a single joint expert, the party who was responsible for instructing the expert, must inform the expert in writing about the court’s determination and the use made by the court of the expert’s evidence.
2
Unless the court directs otherwise, the party who instructed the expert or, in the case of the single joint expert, the party who was responsible for instructing the expert, must send to the expert a copy of the court’s final order and —
a
where the decision was one of the High Court or a county court, any transcript of the court’s decision;
b
where the decision was one of a magistrates’ court, the reasons for the court’s decision,
within 10 business days from the date when that party received the order and transcript or reasons.
Assessors
25.20
1
This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 1981 or section 63 of the County Courts Act 1984 as an assessor.
2
An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.
3
The assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to —
a
prepare a report for the court on any matter at issue in the proceedings; and
b
attend the whole or any part of the hearing to advise the court on any such matter.
4
If the assessor prepares a report for the court before the hearing has begun —
a
the court will send a copy to each of the parties; and
b
the parties may use it at the hearing.
5
Unless the court directs otherwise, an assessor will be paid at the daily rate payable for the time being to a fee-paid deputy district judge of the principal registry and an assessor’s fees will form part of the costs of the proceedings.
6
The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.
7
Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament. |
The Disclosure and Barring Service (Core Functions) Order 2012
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Disclosure and Barring Service (Core Functions) Order 2012 and comes into force on 1st December 2012.
2
This Order extends to England and Wales.
3
In this Order “the 1997 Act ” means the Police Act 1997 .
Core functions under Part 5 of the Police Act 1997
2
The following functions are specified as core functions of the Disclosure and Barring Service under Part 5 of the 1997 Act for the purposes of Schedule 8 to the Protection of Freedoms Act 2012 —
a
treating an application under section 113A of the 1997 Act as an application under section 113B of the 1997 Act and vice versa (in accordance with sections 113A(5) and 113B(7) of the 1997 Act);
b
determining the conditions on which an application under section 113A or 113B of the 1997 Act can be transmitted electronically (in accordance with sections 113A(2A) and 113B(2A) of the 1997 Act;
c
the identification of the relevant chief officer under section 113B(9) of the 1997 Act;
d
imposing any conditions concerning information to be provided in relation to a request for update information under section 116A(2) of the 1997 Act;
e
handling any disputes raised under section 117 of the 1997 Act;
f
verifying identity under section 118 of the 1997 Act;
g
receiving information under section 119(1) of the 1997 Act;
h
requiring information from the chief officer of police under section 119(1B) of the 1997 Act;
i
paying such fee as the Secretary of State considers appropriate under section 119(3) of the 1997 Act;
j
receiving information under section 119(4) of the 1997 Act for the purposes of considering any application for registration, any application mentioned in section 116A(4)(a) or (5)(a), or the determination of whether a person should continue to be a registered person;
k
the maintenance of the register of registered persons under sections 120 and 120ZA of the 1997 Act;
l
the refusal, cancellation or suspension of registration under sections 120A , 120AA , 120AB of the 1997 Act;
m
the refusal to issue a certificate or the decision to suspend or cancel the registration of a person under section 122(3), (3A) or (3B) of the 1997 Act;
n
the determination of forms under section 125B of the 1997 Act.
Taylor of Holbeach
Parliamentary Under-Secretary of State
Home Office
3rd October 2012 |
The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 7 and 104(2) of the Childcare Act 2006 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012 and come into force on 1st September 2013.
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“eligible child” means a young child who is —
looked after by a local authority under section 22(1) of the Children Act 1989 ; or
within section 512ZB(4) of the Education Act 1996 .
Prescribed early years provision
2
1
The prescribed early years provision for the purposes of section 7(1) of the Act (duty to secure early years provision free of charge) is early years provision that is provided by an early years provider to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies.
2
But the prescribed early years provision for the purposes of section 7(1) does not include early years provision in respect of which —
a
the Secretary of State has made a direction under section 46(1) of the Act (power to enable exemptions to be conferred); or
b
an early years provider has made a determination under section 46(2) of the Act.
Prescribed description
3
1
For the purposes of section 7(1)(b) of the Act, a young child is of a prescribed description if the young child meets the conditions in paragraphs (2) or (3).
2
The condition is that the young child —
a
has attained the age of two years at the start of the term beginning on or following the date in paragraph (4); and
b
is an eligible child on or after the date in paragraph (4) applicable to the child in question.
3
The condition is that the young child has attained the age of three years at the start of the term beginning on or following the date in paragraph (4).
4
The date is —
a
in the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s birthday;
b
in the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s birthday;
c
in the case of a child who was born in the period 1st September to 31st December, 1st January following the child’s birthday.
5
For the purposes of this regulation, “term” means a term the dates of which have been set under section 32 of the Education Act 2002 .
Availability of early years provision
4
1
For the purposes of section 7(1) of the Act, an English local authority must secure that the prescribed early years provision is available for each young child for a period of 570 hours in any year and during no fewer than 38 weeks in any year.
2
For the purposes of paragraph (1) and subject to paragraph (3), the first year commences on the date in regulation 3(4) applicable to the child in question, and subsequent years commence on the anniversary of that date.
3
Where a young child becomes an eligible child on a date after the date in regulation 3(4) applicable to the child in question, the first year commences on the date in regulation 3(4) next following the date on which the young child becomes an eligible child, and subsequent years commence on the anniversary of that date.
Revocations
5
The following Regulations are revoked —
a
the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008 ; and
b
the Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2010 .
Elizabeth Truss
Parliamentary Under Secretary of State
Department for Education
27th September 2012 |
The Enactment of Extra-Statutory Concessions Order 2012
In accordance with section 160(7) of that Act, a draft of this instrument was laid before the House of Commons and approved by a resolution of that House.
Citation and commencement
1
This Order may be cited as the Enactment of Extra-Statutory Concessions Order 2012 and comes into force on 1st March 2012.
De minimis exemption: insurance premium tax
2
1
Part 3 of the Finance Act 1994 (insurance premium tax) is amended as follows.
2
In section 50(3) (chargeable amount), for “section 69” substitute “sections 69 and 69A”.
3
In section 59(1) (appeals), after paragraph (h) insert —
ha
a refusal of an application for an exemption under section 69C or the withdrawal of such an exemption;
.
4
In section 69 (charge to tax where different rates apply), after subsection (1) insert —
1A
But this section does not apply for the purpose of determining the chargeable amount in relation to an excepted premium (as to which see section 69A).
5
After section 69 (charge to tax where different rates apply) insert —
Part-exempt contracts: excepted premiums
69A
1
Where —
a
an insurer at any time (“the relevant time”) receives a premium under a part-exempt contract, and
b
the conditions in subsection (2) are met,
the chargeable amount in relation to the premium is nil.
2
The conditions are that —
a
the relevant total is £500,000 or less, and
b
10% or less of the relevant total is attributable to any non-exempt matter or matters.
3
For this purpose “the relevant total” is the total of —
a
the amount of the premium,
b
the amount of any other premium received by the insurer under the contract at or before the relevant time, and
c
the amount of any premium that, at the relevant time, the insurer has a present or future right to receive under the contract.
4
In applying subsection (2)(b), any amount that is included in a premium as being referable to tax (whether or not the amount corresponds to the actual amount of tax payable in respect of the premium) shall be taken to be wholly attributable to a non-exempt matter.
5
Subject to that, any attribution under subsection (2)(b) is to be made on such basis as is just and reasonable.
6
For the purposes of this section —
a
an “exempt matter” is any matter such that, if it were the only matter for which the contract provided cover, the contract would not be a taxable insurance contract, and
b
a “non-exempt matter” is a matter which is not an exempt matter.
7
In this Part —
“excepted premium” means a premium under an insurance contract in relation to which, by virtue of subsection (1), the chargeable amount is nil;
“part-exempt contract” means an insurance contract that provides–
cover for one or more exempt matters, and
cover for one or more non-exempt matters.
Treatment of excepted premiums where limits breached after receipt
69B
1
This section applies if —
a
an insurer at any time —
i
receives a premium under a part-exempt contract that is not an excepted premium, or
ii
acquires a present or future right to receive a premium under a part-exempt contract that, on receipt, will not be an excepted premium,
b
one or more excepted premiums were previously received by the insurer under the contract, and
c
this section has not already applied in relation to the contract.
2
The insurer is deemed for the purposes of this Part to have received, at the time mentioned in subsection (1)(a), premiums under the contract of the same amounts, and attributable to the same matters, as the excepted premiums mentioned in subsection (1)(b).
Part-exempt contracts: exemption from requirement to make returns
69C
1
If the condition in subsection (2) is met, a registrable person may apply in writing to the Commissioners for an exemption under this section.
2
The condition is that the person has not received, and does not expect to receive, at any time after the beginning of a specified accounting period, any premium under a taxable insurance contract that is not an excepted premium.
3
In subsection (2) “specified” means specified in the application.
4
The application must contain such information as the Commissioners may direct.
5
The Commissioners must grant the application unless it appears to them that the condition in subsection (2) is not met.
6
Where an exemption has effect the applicant —
a
is exempt from any requirement imposed under section 54 to make returns in relation to the accounting period specified in the application or subsequent accounting periods, and
b
must ensure that any records that the applicant is required to keep by virtue of paragraph 1(1) of Schedule 7 are, so far as they relate to premiums received, kept in a form enabling records relating to excepted premiums to be readily distinguished from records relating to other premiums.
Withdrawal of exemption
69D
1
The Commissioners may by notice withdraw an exemption if it appears to them that —
a
the condition in section 69C(2) is no longer met, or
b
the person is not keeping, or has not kept, records as required by section 69C(6)(b).
2
Where an exemption is withdrawn under subsection (1), the exemption ceases to have effect in relation to the accounting period in which the notice is given and subsequent accounting periods.
3
If, during an accounting period in relation to which an exemption has effect, a person receives a premium under a taxable insurance contract that is not an excepted premium, the exemption ceases to have effect in relation to that and subsequent accounting periods.
4
References in this section to an exemption are to an exemption granted under section 69C.
6
In section 73(1) (interpretation), at the appropriate places, insert —
“excepted premium” has the meaning given by section 69A(7) above;
, and
“part-exempt contract” has the meaning given by section 69A(7) above;
.
Reduction of cash equivalent where car is shared: income tax
3
1
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
2
In section 121 (method of calculating the cash equivalent of the benefit of a car) for subsection (3) substitute —
3
Where the car is shared the cash equivalent is calculated under this section in accordance with section 148.
3
In section 148 (reduction of cash equivalent where car is shared) —
a
in subsection (2) omit paragraph (b) and the “and” before it,
b
after that subsection, insert —
2A
The provisional sum calculated under step 7 in section 121(1) is to be reduced on a just and reasonable basis before making any deduction under step 8.
, and
c
in subsection (3) for “(2)(b)” substitute “(2A)”.
Sale of memorials and niches by crematoria: income tax
4
1
Chapter 11 of Part 2 of the Income Tax (Trading and Other Income) Act 2005 (trade profits: other specific trades) is amended as follows.
2
For the heading immediately preceding section 169 substitute “ Cemeteries and crematoria: interests in land ”.
3
In subsection (3) of section 170 (deduction for capital expenditure) —
a
omit “or” at the end of paragraph (a), and
b
at the end of paragraph (b) insert —
or
c
under both subsection (2)(b) above and section 172ZB(4), 172ZC(4) or 172ZD(3).
4
After section 172 insert —
Crematoria: niches, memorials and inscriptions
Niches, memorials and inscriptions: introduction
172ZA
1
Sections 172ZB to 172ZE apply in calculating the profits of a trade which consists of or includes —
a
the carrying on of a crematorium, and
b
in connection with carrying on the crematorium —
i
the sale of niches or memorials, or
ii
the making of inscriptions.
2
In those sections —
a
“the trade” is the trade mentioned in subsection (1),
b
“the trader” is the person carrying on the trade, and
c
a “predecessor” is a person who carried on the trade at any time before the trader started doing so.
Allowable deductions: niches
172ZB
1
This section sets out the deductions that are allowed in respect of a niche if proceeds from the sale of the niche are brought into account as a receipt in calculating the profits of the trade.
2
A deduction is allowed for two-thirds of the costs incurred (by the trader or a predecessor) in the formation of the niche.
3
Formation of the lining and of any tablet associated with the niche is taken to be part of the formation of the niche.
4
If the niche is in a building that is used wholly or mainly for the purpose of providing niches, a further deduction is allowed for two-thirds of the associated building costs.
5
In relation to a niche in a building —
a
“the associated building costs” is the relevant proportion of the costs of the building, and
b
“the relevant proportion” is the proportion that the area occupied by the niche bears to the area of the building as a whole or, if the proportion cannot reasonably be calculated on that basis, such proportion as may be calculated on a just and reasonable basis.
Allowable deductions: memorials
172ZC
1
This section sets out the deductions that are allowed in respect of a memorial if proceeds from the sale of the memorial are brought into account as a receipt in calculating the profits of the trade.
2
A deduction is allowed for the costs incurred (by the trader or a predecessor) in producing the memorial.
3
If the memorial includes an inscription, making that inscription is taken to be part of producing the memorial.
4
If the memorial is attached to a building that is used wholly or mainly for the purpose of accommodating memorials or the memorial comprises an entire building, a further deduction is allowed for two-thirds of the associated building costs.
5
In relation to a memorial attached to or comprising a building, “the associated building costs” means —
a
the amount found by dividing the costs of the building by the total number of memorials that the building is capable of accommodating, or
b
if the memorial comprises an entire building, the costs of that building.
Allowable deductions: inscriptions
172ZD
1
This section sets out the deductions that are allowed in respect of an inscription if proceeds from making the inscription are brought into account in calculating the profits of the trade.
2
A deduction is allowed for the costs incurred (by the trader or a predecessor) in making the inscription.
3
If the inscription is made on an existing framework designed to hold more than one inscription, a further deduction is allowed for two-thirds of the associated framework costs.
4
In relation to an inscription made on an existing framework, “the associated framework costs” —
a
is the amount found by dividing the costs of the framework by the total number of inscriptions that the framework is designed to hold, and
b
includes, if the framework is attached to a building that is used wholly or mainly for the purpose of accommodating memorials, the amount found by dividing the costs of the building by the total number of memorials that the building is capable of accommodating.
5
This section does not apply to an inscription if it is made as part of producing a memorial (see section 172ZC).
Costs of the building
172ZE
1
For the purposes of sections 172ZB to 172ZD, the costs of a building are to be determined in accordance with this section.
2
If the building was acquired for the purposes of the trade, the costs of the building are the lower of —
a
the market value of the building when it was acquired, and
b
the costs incurred in acquiring the building.
3
If the building was constructed for the purposes of the trade, the costs of the building are the costs incurred in constructing the building.
4
In either case —
a
the acquisition cost (or market value) of the land on which the building is situated is to be ignored, and
b
for these purposes, costs (or values) are to be apportioned between the land and the building on a just and reasonable basis.
5
Any construction costs incurred with respect to the building after it was acquired or constructed for the purposes of the trade must be brought into account as costs of the building.
6
But costs incurred in maintaining the building must not be brought into account.
7
Costs must not be included as costs of the building if a deduction is or is to be brought into account for them under section 170(2) (deduction for capital expenditure).
8
A reference in this section to costs incurred is to costs incurred either by the trader or a predecessor.
9
In sections 172ZB to 172ZD and this section, “building” includes any other type of structure.
5
The amendments made by this article have effect in relation to niches and memorials sold, and inscriptions made, after the date on which this Order comes into force.
Sale of memorials and niches by crematoria: corporation tax
5
1
Chapter 9 of Part 3 of the Corporation Tax Act 2009 (trade profits: other specific trades) is amended as follows.
2
For the heading immediately preceding section 146 substitute “ Cemeteries and crematoria: interests in land ”.
3
In subsection (3) of section 147 (deduction for capital expenditure) —
a
omit “or” at the end of paragraph (a),
b
at the end of paragraph (b) insert —
or
c
under both subsection (2)(b) above and section 149B(4), 149C(4) or 149D(3).
4
After section 149 insert —
Crematoria: niches, memorials and inscriptions
Niches, memorials and inscriptions: introduction
149A
1
Sections 149B to 149E apply in calculating the profits of a trade which consists of or includes —
a
the carrying on of a crematorium, and
b
in connection with carrying on the crematorium —
i
the sale of niches or memorials, or
ii
the making of inscriptions.
2
In those sections —
a
“the trade” is the trade mentioned in subsection (1),
b
“the trader” is the company carrying on the trade, and
c
a “predecessor” is a person who carried on the trade at any time before the trader started doing so.
Allowable deductions: niches
149B
1
This section sets out the deductions that are allowed in respect of a niche if proceeds from the sale of the niche are brought into account as a receipt in calculating the profits of the trade.
2
A deduction is allowed for two-thirds of the costs incurred (by the trader or a predecessor) in the formation of the niche.
3
Formation of the lining and of any tablet associated with the niche is taken to be part of the formation of the niche.
4
If the niche is in a building that is used wholly or mainly for the purpose of providing niches, a further deduction is allowed for two-thirds of the associated building costs.
5
In relation to a niche in a building —
a
“the associated building costs” is the relevant proportion of the costs of the building, and
b
“the relevant proportion” is the proportion that the area occupied by the niche bears to the area of the building as a whole or, if the proportion cannot reasonably be calculated on that basis, such proportion as may be calculated on a just and reasonable basis.
Allowable deductions: memorials
149C
1
This section sets out the deductions that are allowed in respect of a memorial if proceeds from the sale of the memorial are brought into account as a receipt in calculating the profits of the trade.
2
A deduction is allowed for the costs incurred (by the trader or a predecessor) in producing the memorial.
3
If the memorial includes an inscription, making that inscription is taken to be part of producing the memorial.
4
If the memorial is attached to a building that is used wholly or mainly for the purpose of accommodating memorials or the memorial comprises an entire building, a further deduction is allowed for two-thirds of the associated building costs.
5
In relation to a memorial attached to or comprising a building, “the associated building costs” means —
a
the amount found by dividing the costs of the building by the total number of memorials that the building is capable of accommodating, or
b
if the memorial comprises an entire building, the costs of that building.
Allowable deductions: inscriptions
149D
1
This section sets out the deductions that are allowed in respect of an inscription if proceeds from making the inscription are brought into account in calculating the profits of the trade.
2
A deduction is allowed for the costs incurred (by the trader or a predecessor) in making the inscription.
3
If the inscription is made on an existing framework designed to hold more than one inscription, a further deduction is allowed for two-thirds of the associated framework costs.
4
In relation to an inscription made on an existing framework, “the associated framework costs” —
a
is the amount found by dividing the costs of the framework by the total number of inscriptions that the framework is designed to hold, and
b
includes, if the framework is attached to a building that is used wholly or mainly for the purpose of accommodating memorials, the amount found by dividing the costs of the building by the total number of memorials that the building is capable of accommodating.
5
This section does not apply to an inscription if it is made as part of producing a memorial (see section 149C).
Costs of the building
149E
1
For the purposes of sections 149B to 149D, the costs of a building are to be determined in accordance with this section.
2
If the building was acquired for the purposes of the trade, the costs of the building are the lower of —
a
the market value of the building when it was acquired, and
b
the costs incurred in acquiring the building.
3
If the building was constructed for the purposes of the trade, the costs of the building are the costs incurred in constructing the building.
4
In either case —
a
the acquisition cost (or market value) of the land on which the building is situated is to be ignored, and
b
for these purposes, costs (or values) are to be apportioned between the land and the building on a just and reasonable basis.
5
Any construction costs incurred with respect to the building after it was acquired or constructed for the purposes of the trade must be brought into account as costs of the building.
6
But costs incurred in maintaining the building must not be brought into account.
7
Costs must not be included as costs of the building if a deduction is or is to be brought into account for them under section 147(2) (deduction for capital expenditure).
8
A reference in this section to costs incurred is to costs incurred either by the trader or a predecessor.
9
In sections 149B to 149D and this section, “building” includes any other type of structure.
5
The amendments made by this article have effect in relation to niches and memorials sold, and inscriptions made, after the date on which this Order comes into force.
Compensation for compulsory slaughter of animals: income tax
6
In the Income Tax (Trading and Other Income) Act 2005 , after section 225 insert —
CHAPTER 16ZA
COMPENSATION FOR COMPULSORY SLAUGHTER OF ANIMALS
Application of Chapter 16ZA
225ZA
1
This Chapter applies if —
a
an animal treated as trading stock of a farming trade is slaughtered under a disease control order,
b
the animal is not part of a production herd of a class in respect of which a herd basis election may be made under section 126, and
c
the farmer receives or will receive compensation for the animal.
2
Such an animal is referred to in this Chapter as a “relevant animal”.
3
“Disease control order” has the same meaning as in section 126.
Right to make claim
225ZB
1
The farmer may make a claim under this section.
2
A claim may only be made in respect of the total compensation profit for a period of account.
3
The total compensation profit for a period of account is the sum of the profits which the farmer makes for all the relevant animals slaughtered in that period.
4
For the purposes of this Chapter the profit which the farmer makes for a relevant animal is —
a
the amount by which the compensation for the animal exceeds its book value, or
b
if the trade is carried on in partnership, the farmer’s share of that amount, determined in accordance with Part 9.
5
Nothing in this section prevents a claim being made before the amount of the compensation has been finally determined.
Book value
225ZC
1
For the purposes of this Chapter the book value of an animal is the value shown in the accounts as the value of the animal at the start of the period of account in which it was slaughtered.
2
If, for an animal, no value is shown in the accounts as that value, the book value is as follows —
a
in the case of an animal which was born in the period of account in which it was slaughtered and did not become part of the trading stock in any other way, the book value is 75% of the compensation payable for it,
b
in the case of an animal in relation to which section 172C (trading stock supplied by trader) or 172E (acquisitions not made in the course of trade) applies, the book value is the cost treated as incurred under section 172C(2) or 172E(2) as the case may be, and
c
in any other case, the book value is the cost of acquiring the animal for the purposes of the trade.
Effect of claim for spreading profits
225ZD
1
If the farmer makes a claim under section 225ZB in respect of the total compensation profit for a period of account (“period X”), the profits of the trade carried on by the farmer are to be adjusted for income tax purposes as follows —
Step 1
Treat the compensation payable for all of the relevant animals slaughtered in period X as a receipt of that period (regardless of when the compensation is finally determined or paid).
Step 2
If the farmer makes a profit in the trade in Year 1, deduct from the profits of Year 1 an amount equal to —
the total compensation profit for period X, or
if the total compensation profit exceeds the profits of Year 1, such portion of the total compensation profit as will reduce the profits to nil.
“Year 1” is —
the tax year whose basis period includes the whole or a part of period X, or
if there is more than one, the earliest of those tax years.
Step 3
If —
there is more than one tax year whose basis period includes the whole or a part of period X,
either —
the farmer did not make a profit in the trade in Year 1, or
by virtue of step 2, a portion only of the total compensation profit for period X is deducted from the profits of Year 1, and
the farmer makes a profit in the trade in the next tax year (“Year 2”),
deduct from the profits of Year 2 the applicable amount.
In a case where the farmer did not make a profit in Year 1, “the applicable amount” is —
the total compensation profit for period X, or
if the total compensation profit exceeds the profits of Year 2, such portion of the total compensation profit as will reduce the profits to nil.
In a case where a portion only of the total compensation profit for period X is deducted from the profits of Year 1, “the applicable amount” is —
an amount equal to the difference between the total compensation profit for period X and the portion so deducted, or
if that amount exceeds the profits of Year 2, such portion of that amount as will reduce the profits to nil.
No further deduction is to be made in respect of the total compensation profit for period X from the profits of any later tax year whose basis period includes a part of that period.
Step 4
Include in the profits of each of the 3 consecutive tax years following Year 1 an amount equal to one third of the total amount deducted by virtue of steps 2 and 3.
2
Nothing in this section affects the calculation of overlap profit (within the meaning of Chapter 15 of this Part).
Adjustment: cessation of trading
225ZE
If the farmer permanently ceases to carry on the farming trade before the end of the second of the 3 consecutive tax years following Year 1, step 4 in section 225ZD(1) is to be replaced by the following two steps —
Step 4
Divide the total amount deducted by virtue of steps 2 and 3 by the number of tax years (“the remaining tax years”) in which, or in any part of which, the farmer carried on the farming trade, starting with Year 1.
Step 5
Include in the profits of each of the remaining tax years the amount resulting from the division in step 4.
Time limits etc for spreading claim
225ZF
1
A claim under section 225ZB must be made on or before the first anniversary of the normal self-assessment filing date for Year 1.
2
If the profits of a tax year are to be adjusted or further adjusted in accordance with this Chapter after an assessment for that tax year has become final and conclusive, any assessment or repayment or discharge of tax that is necessary to give effect to this Chapter must be made.
3
But repayment or discharge of tax is due only if a claim for it is made.
Interpretation
225ZG
In this Chapter —
“animal” means any animal or other living creature;
“farming trade” means a trade of farming;
“the farmer”, in relation to a farming trade, means the individual who (alone or in partnership) carries on that trade;
“total compensation profit” has the meaning given by section 225ZB.
7
In section 221 of the Income Tax (Trading and Other Income) Act 2005 (claim for averaging of fluctuating profits), insert at the end —
6
For the purposes of this Chapter references to the relevant profits of a tax year are to profits after any adjustment made under Chapter 16ZA (compensation for compulsory slaughter of animals).
8
In Part 2 of Schedule 4 to that Act (index of expressions), at the appropriate places insert —
“animal (in Chapter 16ZA of Part 2) section 225ZG” “the farmer (in Chapter 16ZA of Part 2) section 225ZG” “farming trade (in Chapter 16ZA of Part 2) section 225ZG” “total compensation profit (in Chapter 16ZA of Part 2) section 225ZB”.
9
The amendments made by articles 6 to 8 have effect for the purposes of making claims in respect of the total compensation profit for periods of account beginning on or after the date on which this Order comes into force.
Compensation for the compulsory slaughter of animals: corporation tax
10
In the Corporation Tax Act 2009 , after section 127 insert —
CHAPTER 8A
COMPENSATION FOR COMPULSORY SLAUGHTER OF ANIMALS
Application of Chapter 8A
127A
1
This Chapter applies if —
a
an animal treated as trading stock of a farming trade is slaughtered under a disease control order,
b
the animal is not part of a production herd of a class in respect of which a herd basis election may be made under section 124, and
c
the farm company receives or will receive compensation for the animal.
2
Such an animal is referred to in this Chapter as a “relevant animal”.
3
“Disease control order” has the same meaning as in section 124.
Right to make claim
127B
1
The farm company may make a claim under this section.
2
A claim may only be made in respect of the total compensation profit for an accounting period.
3
The total compensation profit for an accounting period is the sum of the profits which the farm company makes for all the relevant animals slaughtered in that period.
4
For the purposes of this Chapter the profit which the farm company makes for a relevant animal is —
a
the amount by which the compensation for the animal exceeds its book value, or
b
if the trade is carried on in partnership, the farm company’s share of that amount, determined in accordance with Part 17.
5
Nothing in this section prevents a claim being made before the amount of the compensation has been finally determined.
Book value
127C
1
For the purposes of this Chapter the book value of an animal is the value shown in the accounts as the value of the animal at the start of the accounting period in which it was slaughtered.
2
If, for an animal, no value is shown in the accounts as that value, the book value is as follows —
a
in the case of an animal which was born in the accounting period in which it was slaughtered and did not become part of the trading stock in any other way, the book value is 75% of the compensation payable for it,
b
in the case of an animal in relation to which section 158 (trading stock supplied by trader) or 160 (acquisitions not made in the course of trade) applies, the book value is the cost treated as incurred under section 158(2) or 160(2) as the case may be, and
c
in any other case, the book value is the cost of acquiring the animal for the purposes of the trade.
Effect of claim for spreading of profits
127D
If the farm company makes a claim under section 127B in respect of the total compensation profit for an accounting period (“period X”), the profits of the trade carried on by the farm company are to be adjusted for corporation tax purposes as follows —
Step 1
Treat the compensation payable for all of the relevant animals slaughtered in period X as a receipt of that period (regardless of when the compensation is finally determined or paid).
Step 2
If the farm company makes a profit in the trade in period X, deduct from the profits of that period an amount equal to —
the total compensation profit for period X, or
if the total compensation profit exceeds the profits of period X, such portion of the total compensation profit as will reduce the profits to nil.
Step 3
In calculating the profits for each of the 3 consecutive accounting periods following period X, include an amount equal to one third of the amount deducted by virtue of step 2.
Adjustment: cessation of trading
127E
If the farm company permanently ceases to carry on the farming trade before the end of the second consecutive accounting period following period X, step 3 in section 127D is to be replaced by the following two steps —
Step 3
Divide the amount deducted by virtue of step 2 by the number of accounting periods (“the remaining accounting periods”) in which, or in any part of which, the farm company carried on the farming trade, starting with period X.
Step 4
In calculating the profits for each of the remaining accounting periods, include the amount resulting from the division in step 3.
Time limits etc for spreading claim
127F
1
A claim under section 127B must be made on or before the first anniversary of the filing date for the company tax return of the farm company for period X (see paragraph 14 of Schedule 18 to FA 1998 ).
2
If the profits for an accounting period are to be adjusted or further adjusted in accordance with this Chapter after an assessment for that period has become final and conclusive, any assessment or repayment or discharge of tax that is necessary to give effect to this Chapter must be made.
3
But repayment or discharge of tax is due only if a claim for it is made.
Interpretation
127G
In this Chapter —
“animal” means any animal or other living creature;
“farming trade” means a trade of farming;
“the farm company”, in relation to a farming trade, means the company that (alone or in partnership) carries on that trade;
“the total compensation profit” has the meaning given by section 127B.
11
In Schedule 4 to the Corporation Tax Act 2009 (index of defined expressions), at the appropriate places insert —
“animal (in Chapter 8A of Part 3) section 127G” “the farm company (in Chapter 8A of Part 3) section 127G” “farming trade (in Chapter 8A of Part 3) section 127G” “total compensation profit (in Chapter 8A of Part 3) section 127B”.
12
The amendments made by articles 10 and 11 have effect for the purposes of making claims in respect of the total compensation profit for accounting periods beginning on or after the date on which this Order comes into force.
Groups of companies arrangements: corporation tax
13
1
In the Corporation Tax Act 2010 , after section 155 (arrangements for transfer of company owned by consortium etc) insert —
Certain arrangements not within sections 154 and 155
155A
1
Arrangements entered into by a joint venture company which, apart from this section, would be arrangements within section 154(3) or 155(3) are not to be treated as such arrangements if and so long as —
a
the arrangements fall within subsection (2), and
b
none of the contingencies mentioned in subsection (3) to which the arrangements relate has occurred.
2
Arrangements fall within this subsection if they are —
a
an agreement which provides for the transfer of shares or securities in the joint venture company to one or more members of that company on, or as a result of, one or more contingencies mentioned in subsection (3) occurring, or
b
a provision in a constitutional document of the joint venture company which provides for the suspension of a member’s voting rights on, or as a result of, one or more of those contingencies occurring.
3
The contingencies referred to in subsections (1)(b) and (2) are —
a
the voluntary departure of a member,
b
the commencement of the liquidation, administration, administrative receivership or receivership of, or the entering into of a voluntary arrangement by, a member under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 or the commencement, or entering into, of equivalent proceedings or arrangements under the law of any country or territory outside the United Kingdom,
c
a serious deterioration in the financial condition of a member,
d
a change of control of a member,
e
a default by a member in performing its obligations under any agreement between the members or with the joint venture company (which, for this purpose, includes any constitutional document of the joint venture company),
f
an external change in the commercial circumstances in which the joint venture company operates such that its viability is threatened,
g
an unresolved disagreement between members, and
h
any contingency of a similar kind to that mentioned in any of paragraphs (a) to (g) which is provided for, but not intended to happen, when the arrangements in question are entered into.
4
This section does not apply if a member could alone or together with connected persons dictate the terms or timing of —
a
the transfer of shares or securities, or
b
the suspension of a member’s voting rights,
in advance of one or more of the contingencies occurring.
5
For the purposes of subsection (4) members are not connected with each other by reason only of their membership of the joint venture company.
6
In this section —
“connected” has the same meaning as in section 1122;
“constitutional document” means a memorandum of association, articles of association or any other similar document regulating the affairs of the joint venture company;
“joint venture company” means a company which —
has two or more member companies, and
carries on a commercial activity governed by an agreement regulating the affairs of its members;
“member” means a holder of shares or securities in the joint venture company.
Certain mortgage arrangements not within sections 154 and 155
155B
1
Arrangements entered into by a company which, apart from this section, would be arrangements within section 154(3) or 155(3) are not to be treated as such arrangements if and so long as —
a
the arrangements are a mortgage, secured by way of shares or securities in the company, which on default or the happening of any other event allows the mortgagee to exercise its rights against the mortgagor, and
b
the mortgagee has not exercised its rights against the mortgagor.
2
This section does not apply if the mortgagee —
a
possesses greater rights in respect of the shares or securities which are the subject of the mortgage than it requires to protect its interest as mortgagee, or
b
could alone or together with connected persons dictate the terms or timing of the default or the happening of any other event which allows it to exercise its rights against the mortgagor.
3
For the purposes of subsection (2)(b) the mortgagee is not, by reason only of the mortgage, connected with a company whose shares or securities are the subject of the mortgage.
4
In this section —
“connected” has the same meaning as in section 1122;
“mortgage” means —
in England and Wales, and Northern Ireland, any legal or equitable charge, and
in Scotland, any right in security,
(and section 1166(1) (definition of “mortgage”: Scotland) does not apply).
2
In section 154 of that Act (arrangements for transfer of member of group of companies etc), in subsection (3), after “the following effects” insert “(but see sections 154A and 155B)”.
3
In section 155 of that Act (arrangements for transfer of company owned by consortium etc), in subsection (3), after “the following effects” insert “(but see sections 154A and 155B)”.
4
In section 156 of that Act (sections 154 and 154: supplementary), in subsection (1) for “and 155” substitute “to 155B”.
14
1
In the Corporation Tax Act 2010, after section 174 (Company A’s proportion if option arrangements in place) insert —
Certain option arrangements not within section 173
174A
1
Arrangements entered into by a joint venture company which, apart from this section, would be option arrangements within section 173 are not to be treated as such arrangements if and so long as —
a
the arrangements are within subsection (2), and
b
none of the contingencies mentioned in subsection (3) to which the arrangements relate has occurred.
2
Arrangements are within this subsection if they are —
a
an agreement which provides for the transfer of shares or securities in the joint venture company to one or more members of that company on, or as a result of, one or more contingencies mentioned in subsection (3) occurring, or
b
a provision in a constitutional document of the joint venture company which provides for the suspension of a member’s voting rights on, or as a result of, one or more of those contingencies occurring.
3
The contingencies referred to in subsections (1)(b) and (2) are —
a
the voluntary departure of a member,
b
the commencement of the liquidation, administration, administrative receivership or receivership of, or the entering into of a voluntary arrangement by, a member under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 or the commencement, or entering into, of equivalent proceedings or arrangements under the law of any country or territory outside the United Kingdom,
c
a serious deterioration in the financial condition of a member,
d
a change of control of a member,
e
a default by a member in performing its obligations under any agreement between the members or with the joint venture company (which, for this purpose, includes any constitutional document of the joint venture company),
f
an external change in the commercial circumstances in which the joint venture company operates such that its viability is threatened,
g
an unresolved disagreement between members, and
h
any contingency of a similar kind to that mentioned in any of paragraphs (a) to (g) which is provided for, but not intended to happen, when the option arrangements in question are entered into.
4
This section does not apply if a member could alone or together with connected persons dictate the terms or timing of —
a
the transfer of shares or securities, or
b
the suspension of a member’s voting rights,
in advance of one or more of the contingencies occurring.
5
For the purposes of subsection (4) members are not connected with each other by reason only of their membership of the joint venture company.
6
In this section —
“connected” has the same meaning as in section 1122;
“constitutional document” means a memorandum of association, articles of association or any other similar document regulating the affairs of the joint venture company;
“joint venture company” means a company which —
has two or more member companies, and
carries on a commercial activity governed by an agreement regulating the affairs of its members;
“member” means a holder of shares or securities in the joint venture company.
Certain mortgage arrangements not within section 173
174B
1
Arrangements entered into by a company which, apart from this section, would be option arrangements within section 173 are not to be treated as such arrangements if and so long as —
a
the arrangements are a mortgage, secured by way of shares or securities in the company, which on default or the happening of any other event allows the mortgagee to exercise its rights against the mortgagor, and
b
the mortgagee has not exercised its rights against the mortgagor.
2
This section does not apply if the mortgagee —
a
possesses greater rights in respect of the shares or securities which are the subject of the mortgage than it requires to protect its interest as mortgagee, or
b
could alone or together with connected persons dictate the terms or timing of the default or the happening of any other event which allows it to exercise its rights against the mortgagor.
3
For the purposes of subsection (2)(b) the mortgagee is not by reason only of the mortgage connected with a company whose shares or securities are the subject of the mortgage.
4
In this section —
“connected” has the same meaning as in section 1122;
“mortgage” means —
in England and Wales, and Northern Ireland, any legal or equitable charge, and
in Scotland, any right in security,
(and section 1166(1) (definition of “mortgage”: Scotland) does not apply).
2
In section 173 of that Act (cases in which option arrangements are in place), in subsection (2), at the end insert “(but see sections 174A and 174B)”.
15
The amendments made by articles 13 and 14 have effect in relation to arrangements entered into in accounting periods beginning on or after the date on which this Order comes into force.
Distributions in respect of share capital prior to dissolution of company: corporation tax
16
1
In Part 23 of the Corporation Tax Act 2010 (company distributions), Chapter 3 (matters which are not distributions) is amended as follows.
2
In section 1029(1) (overview of Chapter), after paragraph (a) insert —
aa
section 1030A (distributions in respect of share capital prior to dissolution of company),
.
3
After section 1030 insert —
Distributions prior to dissolution of company
Distributions in respect of share capital prior to dissolution of company
1030A
1
This section applies where —
a
the procedure in section 1000 of the Companies Act 2006 (power to strike off company not carrying on business or in operation) has been commenced in relation to a company, and
b
the company makes a distribution in respect of share capital in anticipation of its dissolution under that section.
2
This section also applies where —
a
a company intends to make, or has made, an application under section 1003 of that Act (striking off on application by company), and
b
the company makes a distribution in respect of share capital in anticipation of its dissolution under that section.
3
The distribution is not a distribution of a company for the purposes of the Corporation Tax Acts if conditions A and B are met (but see section 1030B).
4
Condition A is that, at the time of the distribution, the company —
a
intends to secure, or has secured, the payment of any sums due to the company, and
b
intends to satisfy, or has satisfied, any debts or liabilities of the company.
5
Condition B is that —
a
the amount of the distribution, or
b
in a case where the company makes more than one distribution falling within subsection (1)(b) or (2)(b), the total amount of the distributions,
does not exceed £25,000.
6
In the case of a company incorporated in a territory outside the United Kingdom, any reference in subsection (1) or (2) to a section of the Companies Act 2006 is to be read as a reference to any provision of the law of that territory corresponding to that section.
Section 1030A: effect of company not being dissolved, etc
1030B
1
Where this section applies, a distribution made by a company is to be treated for the purposes of the Corporation Tax Acts as if section 1030A(3) had never applied to it.
2
This section applies where 2 years have passed since the making of the distribution and —
a
the company has not been dissolved during that time, or
b
the company has failed —
i
to secure, so far as is reasonably practicable, the payment of all sums due to the company, or
ii
to satisfy all of its debts and liabilities.
3
In a case where this section applies, all such adjustments as are required in order to give effect to subsection (1) are to be made, whether by the making of assessments or otherwise.
17
In section 122 of the Taxation of Chargeable Gains Act 1992 , after subsection (5) insert —
5A
The reference in subsection (5)(b) to a distribution in the course of dissolving a company includes a reference to a distribution to which section 1030A(3) of CTA 2010 (distributions prior to dissolution of company) applies.
18
The amendments made by articles 16 and 17 have effect in relation to distributions made on or after the date on which this Order comes into force.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2012 |
The Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012
The Secretary of State in exercise of the powers conferred by sections 3 and 5 of, and paragraphs 3 to 5, 7, 8, 11 and 16 of Schedule 1 to, the 1992 Act, makes the following Order: —
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 and comes into force on 12th August 2012.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the Company” means NNB Generation Company Limited, a company incorporated in England with registered number 06937084;
“the HEO ” means the Hinkley Point (Temporary Jetty) Harbour Empowerment Order 2012 ;
“the land plan” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the tribunal” means the Upper Tribunal;
“the undertaking” means the harbour undertaking of the Company as authorised by the HEO; and
“the works” means the works authorised by the HEO.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
3
All measurements stated in any description of lands in the book of reference are approximate.
PART 2 ACQUISITION OF LAND
Power to acquire land
3
The Company may acquire compulsorily so much of the land shown coloured pink and edged red on the land plan and described in the book of reference, or such estates, interests, easements, or other rights in or over the land (save for the freehold or any other interest of the Environment Agency in the land referred to on the land plan under reference TWA_1 (and so described in the book of reference)), as may be required for the purposes of the works and it may use any land so acquired for those purposes or for any other purposes ancillary to the undertaking.
Application of Part 1 of the Compulsory Purchase Act 1965
4
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order made under that Act.
2
Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5
1
The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there is substituted —
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than to a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.
5
In that section, for subsections (5) and (6) there is substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) is omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.
8
References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 3 (power to acquire land).
Power to acquire new rights
6
1
The Company may acquire compulsorily such easements or other rights over any land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired by it under that article, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the Company acquires a right over land under paragraph (1) it is not required to acquire a greater interest in that land.
3
Schedule 1 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Disregard of certain interests and improvements
7
1
In assessing the compensation (if any) payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account —
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1), “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Set-off for enhancement in value of retained land
8
1
In assessing the compensation payable to any person in respect of the acquisition from him under this Order of any land (including the subsoil) the tribunal shall set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to him by reason of the construction of the authorised works.
2
In assessing the compensation payable to any person in respect of the acquisition from him of any new rights over land (including the subsoil) under article 6 (power to acquire new rights), the tribunal shall set-off against the value of the rights so acquired —
a
any increase in the value of the land over which the new rights are required; and
b
any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to him by reason of the construction of the authorised works.
3
The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.
Extinction of private rights of way
9
1
All private rights of way over land subject to compulsory acquisition under this Order are extinguished —
a
as from the date of acquisition of the land by the Company, whether compulsorily or by agreement; or
b
on the date of entry on the land by the Company under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land owned by the Company which, being within the limits of land which may be acquired shown on the land plan, are required for the purposes of the works or the undertaking are extinguished on the appropriation of the land for any of those purposes by the Company.
3
Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
10
After the end of the period of 5 years beginning with the day on which this Order comes into force —
a
no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (application of Part 1 of the Compulsory Purchase Act 1965); and
b
no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 5 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).
PART 3 MISCELLANEOUS AND GENERAL
Certification of plans, etc.
11
The Company must, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and land plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Statutory undertakers, etc.
12
The provisions of Schedule 2 (provisions relating to statutory undertakers, etc.) have effect.
Service of notices
13
1
A notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post; or
b
with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, the last known address of that person at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.
7
Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order —
a
that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
b
such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.
9
This article does not exclude the employment of any method of service not expressly provided for by it.
10
In this article “electronic transmission” means a communication transmitted —
a
by means of an electronic communications network; or
b
by other means but while in electronic form.
No double recovery
14
Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
15
Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Energy and Climate Change
Giles Scott
Head of National Infrastructure Consents
20th July 2012
SCHEDULES
SCHEDULE 1
Modification of Compensation and Compulsory Purchase Enactments for Creation of New Rights
Article 6
Compensation enactments
1
The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.
2
1
Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraphs (2) and (3).
2
In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 —
a
for the words “land is acquired or taken” there are substituted the words “a right over land is purchased”; and
b
for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.
3
In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 —
a
for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;
b
for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;
c
for the words “part proposed” there are substituted the words “right proposed”; and
d
for the words “part is” there are substituted the words “right is”.
Application of the 1965 Act
3
1
The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to —
a
the right acquired or to be acquired, or
b
the land over which the right is or is to be exercisable.
2
Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4
For section 7 of the 1965 Act (measure of compensation) there is substituted the following section —
7
In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
.
5
For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following —
8
1
Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) —
a
a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and
b
before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and —
i
where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or
ii
where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,
the Hinkley Point (Temporary Jetty) (Land Acquisition) Order 2012 (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.
2
Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.
3
Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.
.
6
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say —
a
section 9(4) (failure by owners to convey);
b
paragraph 10(3) of Schedule 1 (owners under incapacity);
c
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
d
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.
7
Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.
8
Section 20 of the 1965 Act (protection for interests of tenants at will etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.
9
Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
SCHEDULE 2
Provisions relating to Statutory Undertakers, etc.
Article 12
1
Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) apply in relation to any land acquired or appropriated by the Company under this Order; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) have effect accordingly.
2
In the provisions of the 1990 Act, as applied by paragraph 1, references to the appropriate Minister are references to the Secretary of State.
3
Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by paragraph 1, any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Company compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
4
Paragraph 3 does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is —
a
the owner or occupier of premises the drains of which communicated with that sewer; or
b
the owner of a private sewer which communicated with that sewer,
is entitled to recover from the Company compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.
5
The provisions of the 1990 Act mentioned in paragraph 1, as applied by that paragraph, do not have effect in relation to apparatus as respects which Part 3 of the New Roads and Street Works Act 1991 applies.
6
In this Schedule —
“the 1990 Act” means the Town and Country Planning Act 1990 ;
“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981 ;
“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 ; and
“public utility undertakers” has the same meaning as in the Highways Act 1980 . |
The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 59, 69, 74(1)(c) and 188 of and paragraph 1 of Schedule 4A to the Town and Country Planning Act 1990 , makes the following Order:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2012 and shall come into force on 6th April 2012.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2010
2
1
The Town and Country Planning (Development Management Procedure) (England) Order 2010 is amended in accordance with the following articles.
Amendment relating to consultees
3
1
In article 34 (local development orders) delete paragraph (3)(h).
2
In Schedule 5 (consultations before the grant of permission) —
a
in paragraph (x) of the Table for “The Secretary of State for the Environment, Food and Rural Affairs” substitute “Natural England”;
b
delete paragraph (zd) of the Table; and
c
in paragraph 1 after the Table (interpretation of Table) delete sub-paragraph (m).
Amendments relating to register of neighbourhood development orders
4
After article 37 (register of local development orders) insert —
Register of neighbourhood development orders
37A
1
The register kept by each local planning register authority under article 36 shall include as Part 4 a Part with 2 sections relating to neighbourhood development orders.
2
The first (“Section 1”) shall contain copies of draft neighbourhood development orders which have been submitted to the authority by a qualifying body and not finally disposed of, and such of the following as have been submitted with each order —
a
a copy of any plan or statement identifying the land to which the proposal relates;
b
copies of any other accompanying plans or drawings;
c
copies of any planning obligation or section 278 agreement entered into, or proposed to be entered into, in connection with any planning permission proposed to be granted by the draft neighbourhood development order; and
d
in the case of a draft community right to build order, details of any enfranchisement rights which the qualifying body proposes are not exercisable, and the properties, or types of properties, in relation to which those rights are not exercisable.
3
For the purposes of paragraph (2), a draft neighbourhood development order shall not be treated as finally disposed of unless —
a
the proposal for the order has been withdrawn before the authority have made a decision under paragraph 12 of Schedule 4B (consideration by authority of recommendations made by examiner etc ) or paragraph 10 of Schedule 4C (examination of proposals for community right to build orders etc) to the 1990 Act ;
b
the authority have refused the proposal for the order in accordance with paragraph 6(4) of Schedule 4B to the 1990 Act (consideration of proposals by authority);
c
the order has not been made following a referendum because a majority of persons voting have not voted in favour of it, or as a result of a decision made under section 61E(5) or (8) of the 1990 Act (neighbourhood development orders) ; or
d
the order has been made (with or without modifications).
4
The second (“Section 2”) shall contain copies of neighbourhood development orders which have been made by the authority, and with respect to each order —
a
a copy of any accompanying plan or statement identifying the land to which the order relates;
b
copies of any other accompanying plans or drawings;
c
if the order is revoked, particulars of the revocation, including the date on which the revocation took effect;
d
the date on which any subsequent approval is given which the order specifies is required;
e
a copy of any planning obligation or section 278 agreement entered into in connection with any planning permission granted by the order; and
f
in the case of a community right to build order, details of any enfranchisement rights which are not exercisable and the properties, or types of properties, in relation to which those rights are not exercisable.
5
A reference in this article to a copy includes a reference to a copy in photographic or electronic form.
Amendments relating to register of enforcement and stop notices and other enforcement action
5
For article 38, substitute —
Register of enforcement and stop notices and other enforcement action
38
1
Subject to paragraphs (2) and (3), the register under section 188 of the 1990 Act (register of enforcement and stop notices and other enforcement action) shall contain the following information with respect to every planning enforcement order made in relation to land in the area of the authority maintaining the register —
a
the address of the land to which the order relates or a plan by reference to which its situation can be ascertained;
b
the name of the applying authority;
c
the name of the court that made the order;
d
the date on which the court’s decision to make the order was given;
e
the day which marks the beginning of the enforcement year for the order;
f
the day which marks the end of that year;
g
information on any postponement of the day which marks the beginning of the enforcement year for the order by reason of section 171BA(4) of the 1990 Act (time limits in cases involving concealment) and the date of the final determination or withdrawal of any application;
h
the apparent breach of planning control identified in the order; and
i
in relation to any enforcement notice issued or breach of condition notice served in respect of that breach, details of where in the register the information specified in paragraphs (2) and (3) in relation to that notice is to be found.
2
The register shall also contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register —
a
the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;
b
the name of the issuing authority;
c
the date of issue of the notice;
d
the date of service of copies of the notice;
e
a statement or summary of the breach of planning control alleged and the requirements of the notice, including the period within which any required steps are to be taken;
f
the date specified in the notice as the date on which it is to take effect;
g
information on any postponement of the date specified as the date on which the notice will take effect by reason of section 175(4) of the 1990 Act (appeals: supplementary provisions) and the date of the final determination or withdrawal of any appeal;
h
the date of service and, if applicable, of withdrawal of any stop notice referring to the enforcement notice, together with a statement or summary of the activity prohibited by any such stop notice; and
i
the date, if any, on which the local planning authority are satisfied that steps required by the notice for a purpose mentioned in section 173(4)(b) of the 1990 Act (contents and effect of notice: remedying any injury to amenity) have been taken.
3
The register shall also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register —
a
the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;
b
the name of the serving authority;
c
the date of service of the notice;
d
details of the relevant planning permission sufficient to enable it to be identified; and
e
a statement or summary of the condition which has not been complied with and the requirements of the notice, including the period allowed for compliance.
4
All entries relating to a planning enforcement order, enforcement notice, stop notice or breach of condition notice shall be removed from the register if —
a
in the case of a planning enforcement order —
i
the order is rescinded; or
ii
the enforcement year for the order expires without enforcement action having been taken during that year;
b
in the case of an enforcement notice or stop notice, the relevant enforcement notice is quashed by the Secretary of State or is withdrawn; and
c
in the case of a breach of condition notice, the notice is quashed by a court or is withdrawn.
5
Every register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.
6
Paragraph (7) applies where a magistrates’ court make a planning enforcement order on the application of a county planning authority or a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice.
7
The county planning authority shall —
a
supply the information specified in paragraph (1), (2) or (3), as the case may be, in relation to the order or notice to the district planning authority (if any) in whose area the land to which the order or notice relates is situated; and
b
inform that authority if the order is rescinded or expires without enforcement action having been taken during the enforcement year for that order or the relevant enforcement notice or breach of condition notice is withdrawn or quashed.
8
The information prescribed in paragraphs (1), (2) and (3) shall be entered in the register as soon as practicable and in any event within 14 days of the occurrence to which it relates, and information shall be so supplied under paragraph (7) that entries may be made within that period of 14 days.
9
The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
1st March 2012 |
The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012
In accordance with section 317(1) of that Act, the Secretary of State has consulted with such persons as the Secretary of State considers appropriate.
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012 and come into force on 2nd July 2012.
Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
2
After regulation 5 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (pay reference periods for the purposes of section 20(1)(b) and (c) and section 26(4)(b) and (5)(b) of the Act) insert —
PART 1A Exemption
Exemption of European employers
5A
Sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 of the Act (employer’s obligations regarding membership of a qualifying scheme) do not apply in relation to a person’s employment of an individual in relation to whom the person is a European employer .
.
Signed on behalf of the Secretary of State for Work and Pensions
Steve Webb
Minister of State,
Department for Work and Pensions
8th June 2012 |
The Doncaster East Internal Drainage Board Order 2012
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 3(5) and (7) of that Act and now vested in the Secretary of State .
Citation and commencement
1
This Order may be cited as the Doncaster East Internal Drainage Board Order 2012 and, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, comes into force in accordance with that paragraph.
Confirmation of the Scheme
2
1
The Scheme submitted by the Environment Agency is confirmed.
2
The Scheme is set out in the Schedule to this Order.
Secretary of State’s expenses
3
The expenses of the Secretary of State in connection with the making and confirmation of this Order must be borne by the Environment Agency.
Carol Tidmarsh
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
10th February 2012
SCHEDULE
2011 Scheme for the amalgamation of the Armthorpe, Ashfields and West Moor, Corporation of the Level of Hatfield Chase, Finningley, Potteric Carr, Tickhill and Tween Bridge Internal Drainage Districts submitted by the Environment Agency
Article 2(2)
1
This Scheme comes into force on the day after the day on which the Order confirming this Scheme is confirmed.
2
In this Scheme —
“the abolished boards” means the Armthorpe Internal Drainage Board, the Ashfields and West Moor Internal Drainage Board, the Corporation of the Level of Hatfield Chase Internal Drainage Board, Finningley Internal Drainage Board, the Potteric Carr Internal Drainage Board, the Tickhill Drainage Board and the Tween Bridge Internal Drainage Board;
“the Armthorpe Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Trent Catchment Board (Armthorpe Internal Drainage District) Order 1932 and “the Armthorpe Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the Ashfields and West Moor Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Severn-Trent Water Authority (Ashfields and West Moor Internal Drainage District) Order 1982 and “the Ashfields and West Moor Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the commencement date” means the date on which this Scheme comes into force;
“the Corporation of the Level of Hatfield Chase Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Level of Hatfield Chase Act 1862 and reconstituted by the scheme confirmed by the Severn-Trent Water Authority (Reconstitution of the Corporation of the Level of Hatfield Chase) Order 1987 and “the District of the Corporation of the Level of Hatfield Chase” means the internal drainage district constituted by the Level of Hatfield Chase Act 1862 scheme, as confirmed;
“the Finningley Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Trent River Board (Finningley Internal Drainage District) Order 1955 and “the Finningley Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the new Board” means the internal drainage board constituted by virtue of paragraph 3(3) of this Scheme;
“property” means, in relation to any of the abolished boards, any property which is vested in that abolished board immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;
“the Potteric Carr Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by An Act for dividing and inclosing certain pieces or parcels of land in the parishes of Doncaster and Cantley and for draining and preserving the said lands and also several other lands and grounds in the several parishes of Rossington and Wadworth in the West Riding of the County of York (“the Act of 1765”) , amended by a scheme confirmed by the River Trent Catchment Board (Potteric Carr Internal Drainage District) Order 1943 and “the Potteric Carr Internal Drainage District” means the internal drainage district constituted by the Act of 1765 scheme, as confirmed;
“rights and obligations” means, in relation to any of the abolished boards, all rights, powers (including statutory powers), duties, obligations and liabilities which are vested in or which fall to be discharged by that abolished board immediately before the commencement date;
“the Tickhill Drainage Board” means the internal drainage board constituted by the scheme confirmed by the Doncaster District (Tickhill) Drainage District Order 1931 and “the Tickhill Drainage District” means the internal drainage district constituted by that scheme, as confirmed; and
“the Tween Bridge Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Trent Catchment Board (Tween Bridge Internal Drainage District) Order 1933 and “the Tween Bridge Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed.
3
1
The Armthorpe Internal Drainage Board, the Ashfields and West Moor Internal Drainage Board, the Corporation of the Level of Hatfield Chase Internal Drainage Board, the Finningley Internal Drainage Board, the Potteric Carr Internal Drainage Board, the Tickhill Drainage Board and the Tween Bridge Internal Drainage Board are abolished.
2
The Armthorpe Internal Drainage District, the Ashfields and West Moor Internal Drainage District, the District of the Corporation of the Level of Hatfield Chase, Finningley Internal Drainage District, the Potteric Carr Internal Drainage District, the Tickhill Drainage District and the Tween Bridge Internal Drainage District are amalgamated and are reconstituted as one internal drainage district to be known as “the Doncaster East Internal Drainage District”.
3
A new internal drainage board to be known as “the Doncaster East Internal Drainage Board” is constituted for the Doncaster East Internal Drainage District.
4
The new Board is to consist of 12 elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.
5
As from the commencement date, all property and rights and obligations of the abolished boards are transferred to and vested in, or fall to be discharged by, the new Board.
6
All arrears of rates owed to the abolished boards before the commencement date in respect of any period ending before the commencement date may be recovered by the new Board, in the same manner as if they had been rates levied by the new Board.
7
This Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of any further assignments, conveyance or deed of transfer.
8
The accounts of each of the abolished boards must be made up to the day before the commencement date by the new Board and audited as if this Scheme had not come into force.
Dated 21 June 2011
Confirmation of Order
In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 (“the 1991 Act ”), the Secretary of State has published this Order and a notice complying with paragraph 4(2) of Schedule 3 to the 1991 Act.
No memorial relating to the Order has been presented to the Secretary of State.
Paragraph 5(1) of Schedule 3 to the 1991 Act provides for the Order to come into force upon its confirmation by the appropriate Minister, being (by virtue of paragraph 1(3) of that Schedule) the Minister by whom the Order has been made.
Accordingly, the Secretary of State confirms the Order in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.
Lewis Baker
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
31st March 2012 |
The Immigration Appeals (Family Visitor) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 88A(1)(a), 2(a) and (c) and 112(1) and (3) of the Nationality, Immigration and Asylum Act 2002 , makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2012 and shall come into force on 9th July 2012.
Class or description of person to be visited
2
1
A person (“P”) is of a class or description prescribed for the purposes of section 88A(1)(a) of the Nationality, Immigration and Asylum Act 2002 (entry clearance), if —
a
the applicant for entry clearance (“A”) is a member of the family of P; and
b
P’s circumstances match those specified in regulation 3.
2
For the purposes of paragraph (1), A is a member of the family of P if A is the —
a
spouse, civil partner, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother or sister;
b
father-in-law, mother-in-law, brother-in-law or sister-in-law;
c
son-in-law or daughter-in-law; or
d
stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister;
of P.
3
For the purposes of paragraph (1), A is also a member of the family of P if A is the partner of P.
4
In this regulation, A is the partner of P if —
a
A and P have been in a relationship that is akin to a marriage or civil partnership for at least the two years before the day on which A’s application for entry clearance was made; and
b
such relationship is genuine and subsisting.
5
In this regulation —
a
“father-in-law of P” includes the father of P’s civil partner;
b
“mother-in-law of P” includes the mother of P’s civil partner;
c
“brother-in-law of P” includes the brother of P’s civil partner;
d
“sister-in-law of P” includes the sister of P’s civil partner;
e
“son-in-law of P” includes the son of P’s civil partner;
f
“daughter-in-law of P” includes the daughter of P’s civil partner;
g
“stepfather of P” includes the person who is the civil partner of A’s father (but is not A’s parent);
h
“stepmother of P” includes the person who is the civil partner of A’s mother (but is not A’s parent);
i
“stepson of P” includes the person who is the son of A’s civil partner (but is not A’s son);
j
“stepdaughter of P” includes the person who is the daughter of A’s civil partner (but is not A’s daughter);
k
“stepbrother of P” includes the person who is the son of the civil parent of A’s parent (but is not the son of either of A’s parents); and
l
“stepsister of P” includes the person who is the daughter of the civil partner of A’s parent (but is not the daughter of either of A’s parents).
Circumstances of the person to be visited
3
The circumstances of P mentioned in regulation 2(1)(b) are that P–
a
is settled in the United Kingdom as defined in paragraph 6 of the immigration rules;
b
has been granted asylum in the United Kingdom under paragraph 334 of the immigration rules; or
c
has been granted humanitarian protection in the United Kingdom under paragraph 339C of the immigration rules.
Transitional provision
4
These Regulations apply only to an application for entry clearance made on or after the day on which they come into force.
Damian Green
Minister of State
Home Office
13th June 2012 |
The Local Authorities (Conduct of Referendums)(England) Regulations 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
These Regulations may be cited as the Local Authorities (Conduct of Referendums)(England) Regulations 2012 and come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 1985 Act ” means the Representation of the People Act 1985 ;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011 ;
“the Petitions Regulations ” means the Local Authorities (Referendums)(Petitions)(England) Regulations 2011 ;
“the Representation of the People Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“the Combination of Polls Regulations ” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004 ;
“the Local Government Act Referendums Rules ” means the rules set out in Schedule 3 to these Regulations;
“the Local Government Act Referendums (Combination of Polls) Rules ” means the rules set out in Schedule 5 to these Regulations;
“counting observer” means a person appointed by a counting officer under rule 18(2) of the Local Government Act Referendums Rules or rule 18(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);
“counting officer” means a person referred to in regulation 9;
“elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by local government electors for the authority’s area in accordance with provisions made by or under Part 1A of the 2000 Act;
“European Parliamentary election” and “European Parliamentary general election” must be construed in accordance with section 27(1) of the 1985 Act ;
“further referendum” means a referendum held in pursuance of an order under regulation 17(5);
“local government election” must be construed in accordance with section 203(1) of the 1983 Act ;
“mayoral election” must be construed in accordance with the Local Authorities (Mayoral Elections)(England and Wales) Regulations 2007 ;
“notification date” —
in relation to a referendum, means the date on which the notice required to be published by regulation 4(1) is published;
in relation to a further referendum, means the date which falls two months before the day on which the poll at the further referendum is held;
“petition organiser”, in relation to a referendum, means a person who is treated for the purpose of regulation 10(4) or (5) (formalities of petition) as the case may be of the Petitions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the local authority by or in respect of which a referendum is held;
“police area” must be construed in accordance with section 102 of the 2011 Act;
“police and crime commissioner” means an individual elected as a police and crime commissioner by relevant electors within the police area in accordance with provisions made by or under Chapter 6 of Part 1 of the 2011 Act;
“police and crime commissioner election” must be construed in accordance with provision made by or under section 50 or 51 of the 2011 Act;
“polling observer” means a person appointed by a counting officer under rule 18(1) of the Local Government Act Referendums Rules or rule 19(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);
“proper officer” must be construed in accordance with section 270(3) of the 1972 Act;
“referendum” means a referendum held under section 9M (cases in which change is subject to approval in a referendum etc ) of the 2000 Act, or by virtue of regulations or order made under any provision of Part 1A (arrangements with respect to local authority governance in England) of that Act;
“referendum period”, in relation to a referendum (including a further referendum), means the period beginning with the notification date and ending on the date of the referendum;
“referendum petition” means the petition by which a referendum may be questioned in accordance with regulation 15;
“relevant election or referendum” means one or more of the following —
another referendum (including a further referendum);
a Parliamentary election;
a European Parliamentary election;
a local government election;
a mayoral election;
a police and crime commissioner election,
the poll at which is taken together with the poll at the referendum;
“voting area” means the area in which a referendum is held.
2
Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.
Question to be asked in a referendum
3
Where the proposals in relation to which a referendum is to be held are for the authority to operate —
a
a mayor and cabinet executive, the question to be asked in that referendum is to be in the form set out —
i
where the authority is currently operating a leader and cabinet executive (England), in paragraph 1 of Schedule 1 to these Regulations; and
ii
where the authority is currently operating the committee system, in paragraph 2 of Schedule 1 to these Regulations; and
b
a leader and cabinet executive (England), the question to be asked in that referendum is to be in the form set out —
i
where the authority is currently operating a mayor and cabinet executive, in paragraph 3 of Schedule 1 to these Regulations; and
ii
where the authority is currently operating the committee system in paragraph 4 of Schedule 1 to these Regulations; and
c
the committee system, the question to be asked in that referendum is to be in the form set out —
i
where the authority is currently operating a mayor and cabinet executive, in paragraph 5 of Schedule 1 to these Regulations; and
ii
where the authority is currently operating a leader and cabinet executive (England), in paragraph 6 of Schedule 1 to these Regulations.
Publicity and other information in connection with referendums
4
1
Subject to paragraph (2), the proper officer must, not fewer than 56 days before the date on which the referendum will be held in accordance with sub-paragraph (c)(ii) below, publish in such a manner as he or she considers likely to bring to the attention of persons who live in the local authority area a notice which contains —
a
a statement that, as the case may be —
i
proposals under section 9MA (Referendum: proposals by local authority); or
ii
proposals under regulation 17(2) of the Petitions Regulations; or
iii
any proposals required under an order under section 9ME or 9N,
have been drawn up;
b
a description of the main features of any proposals;
c
a statement —
i
that a referendum will be held;
ii
of the date on which the referendum will be held;
iii
in a case to which regulation 10(1) or (5) applies, that the poll in the referendum will be taken together with the poll or polls in an election or elections of a description which is to be specified in the statement;
iv
of the question to be asked in the referendum;
v
that the referendum will be conducted in accordance with procedures similar to those used at local government elections;
vi
of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated;
vii
of the address and times at which a copy of any proposals may be inspected;
viii
of the procedures for obtaining a copy of any proposals; and
ix
if the proper officer then knows that the poll in the referendum (whether or not it is to be taken together with the poll in an election) will be taken together with the poll in a referendum for another area, that the polls will be taken together for the two (or more) areas, which are to be specified in the statement.
2
At least 14 days before the day on which the proper officer of an authority publishes a notice in accordance with paragraph (1) that proper officer must, by notice in writing, advise —
a
if that person is the proper officer of a county council, the proper officer of the council of each district comprised in the county;
b
if that person is the proper officer of a district council comprised in an area for which there is a county council, the proper officer of —
i
the council of the county in which the district lies; and
ii
each of the district councils in that county,
that that person intends to publish a notice under paragraph (1) and the date of the referendum to be held in the area.
3
It is the duty of each proper officer —
a
to whom notice has been given under paragraph (2); and
b
whose council are considering the holding of a referendum in their area,
to consider whether it would be practicable to combine that referendum with the one of which such notice has been given; and each such officer must reply to the notice within seven days of its receipt, indicating whether that proper officer’s authority wish to combine their referendum with that to which the notice refers.
4
Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 74 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i)-(viii) and, if paragraph (1)(c)(ix) applies (whether or not it applied in relation to the first notice, if any), the particulars specified in that paragraph.
5
The second notice is to be published —
a
in the same manner as was used for the publication of the first notice; and
b
not more than 55 days and not fewer than 28 days before the date of the referendum.
6
The authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of any proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.
7
The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to any proposals or the referendum so far as it is presented fairly.
8
In determining for the purposes of paragraph (7) whether any information is presented fairly, regard is, in accordance with section 9Q, to be had to any guidance for the time being issued by the Secretary of State under that section.
9
The date on which the notice required to be published by paragraph (1) is published is “the notification date”.
Restriction on publication etc of promotional material
5
1
This regulation applies to any material which —
a
provides general information about the referendum;
b
deals with any of the issues raised by the question to be asked in the referendum; or
c
puts any arguments for or against a particular answer to that question.
2
No material to which this regulation applies is to be published by or on behalf of a local authority during the period of 28 days ending with the date of the poll at the referendum.
3
Paragraph (2) does not apply to —
a
material made available to persons in response to specific requests for information or to persons specifically seeking access to it;
b
the publication of information relating to the holding of the poll at the referendum; or
c
the publication of press notices containing factual information where the sole purpose of the publication is to refute or correct any inaccuracy in material published by a person other than the local authority.
4
In this regulation “publish” means make available to the public at large, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990 ); and “publication” is to be construed accordingly.
General restriction on referendum expenses
6
1
In this regulation and in regulation 7 —
“campaign organiser” means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;
“referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;
“referendum expenses” means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2 to these Regulations, as read in accordance with paragraph 8 of that Schedule;
“referendum expenses limit” means the aggregate of £2,362 and the amount found by multiplying by 5.9 pence the number of entries in the relevant register;
“for referendum purposes” means —
in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to the question asked in the referendum; or
otherwise in connection with promoting or procuring any such outcome;
“the relevant register” means the register (or registers) of local government electors published under section 13 (publication of registers) of the 1983 Act after the conclusion of the canvass conducted under section 10 of that Act in the year immediately preceding that in which the referendum is held, which has (or have) effect in the area of the local authority by which or as regards which the referendum is held (whether or not the persons to whom these entries relate are entitled to vote in the referendum).
2
The total referendum expenses incurred, or in accordance with regulation 7, treated as incurred, by or on behalf of any individual or body must not exceed the referendum expenses limit.
3
Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.
4
Where information is given to the Director of Public Prosecutions that an offence under paragraph (3) has been committed, it is his or her duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him or her to require.
5
Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.
6
A person who commits an offence under paragraph (3) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 12 months or both; or
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.
7
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , the reference in paragraph (6)(a) to 12 months is to be read as a reference to 6 months.
8
Nothing in paragraph (2) affects the right of any creditor who, when the expenses were incurred, was ignorant of that expense being in contravention of that paragraph.
Notional referendum expenses
7
1
This regulation applies where —
a
property, services or facilities is or are provided for the use or benefit of any person either —
i
free of charge; or
ii
at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities; and
b
the property, services or facilities is or are made use of by or on behalf of that person in circumstances such that, if any expenses were to be (or are) actually incurred by him or her or on his or her behalf in respect of that use, they would be (or are) referendum expenses incurred by him or her or on his or her behalf.
2
Subject to paragraph (5), where this regulation applies, an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more than £200, to be treated for the purposes of regulation 6 as incurred by that person for the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1)(b).
3
The amount mentioned in paragraph (2) is such proportion of either —
a
the commercial rate for use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge); or
b
the difference between that commercial rate and the amount of the expenses actually incurred by or on behalf of that person in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (1)(b).
4
Where the services of an employee are made available by his or her employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by his or her employer in respect of the period for which that person’s services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of that employee).
5
No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of his or her own services which that person provides voluntarily in his or her own time and free of charge.
Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum
8
1
A referendum is to be conducted in accordance with the Local Government Act Referendums Rules (as contained in Schedule 3 to these Regulations), unless the poll at the referendum is taken together with the poll at a relevant election or referendum.
2
The provisions mentioned in the first column of Tables 1 to 6 of Schedule 4 to these Regulations have effect in relation to referendums, subject to the modifications specified in that Schedule and to any contrary provision in these Regulations.
Counting officer
9
1
Subject to regulations 11(2) and 13(2), functions conferred by these Regulations on the counting officer are to be exercised in each voting area by the person who is for the time being the returning officer at elections of councillors for that area under section 35(1) or (3) (returning officers: local elections) of the 1983 Act .
2
It is the counting officer’s general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.
3
The counting officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.
Combination of polls: general
10
1
Where the poll at a referendum would be taken on a day that falls within the period —
a
beginning 28 days before the day on which the poll is to be taken at an election of a description mentioned in paragraph (2); and
b
ending 28 days after the day on which the poll is to be taken at any such election,
the poll at the referendum must, subject to paragraph (3), be taken on the day on which the poll is to be taken at the election; and the polls must be taken together.
2
The descriptions of elections mentioned in this paragraph are —
a
an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of the local authority by which or as regards which the referendum is to be held;
b
an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of any other local authority, where that division or ward is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;
c
a parliamentary general election;
d
an election to fill a vacancy in a parliamentary constituency that is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;
e
a European Parliamentary general election;
f
a European Parliamentary election in respect of an electoral region within the meaning of section 1 of the European Parliamentary Elections Act 2002 in which the area of the local authority by which or as regards which the referendum is to be held falls;
g
an ordinary election within the meaning of Part 1 (the Greater London Authority) of the Greater London Authority Act 1999 , where the local authority by which or as regards which the referendum is to be held is a London borough;
h
an election (other than an ordinary election) of the Mayor of London under section 16(2) (filling a vacancy in the office of Mayor) of the Greater London Authority Act 1999, where the local authority by which or as regards which the referendum is to be held is a London borough;
i
an ordinary election of police and crime commissioners under section 50 of the 2011 Act;
j
an election to fill a vacancy in the office of a police and crime commissioner under section 51 of the 2011 Act for a police area in which the area of the local authority by which or as regards which the referendum is to be held falls;
k
an election of an elected mayor.
3
Where the poll at a referendum would be taken together with the poll at an election of a description mentioned in paragraph (2)(c), (d), (f), (h) or (j), paragraph (1) does not apply where notice of the date of the referendum is given under regulation 4 before the date on which notice is given of the date of election, and the date of the referendum is not the same as that of the election.
4
In a case to which paragraph (3) applies, the poll at a referendum is to be taken on the day of which the notice has been given under regulation 4.
5
The poll at a referendum may be taken together with the poll at an election under section 89 (filling of casual vacancies in the case of councillors) of the 1972 Act or under section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999 —
a
where the referendum is to be held in compliance with a direction of the Secretary of State, if he or she so determines;
b
in any other case, if the authority by which the referendum is to be held so determine.
6
Notice of a determination under paragraph (5) must be given in writing —
a
where the determination is made by the Secretary of State, to the authority or authorities (as the case may be) by which the election and the referendum concerned are to be held;
b
where the determination is made by an authority, to the authority (other than themselves) by which the election concerned is to be held.
7
Subject to paragraph (8), where an authority (“the first authority”) have given notice under regulation 4(1) of the date on which a referendum will be held in their area, no other authority —
a
whose area includes that of the first authority; or
b
whose area is part of that of the council of the same county as that of the first authority,
may hold a referendum in their area within the period beginning 28 days before the date of the first authority’s referendum and ending 28 days after that date unless the polls at the referendums are combined.
8
Where the date on which a referendum is to be held in a county is the same as that on which a referendum is to be held in any district within that county, the polls must be taken together.
Combination of referendum and election polls: conduct of referendum
11
1
This regulation applies, in relation to the referendum, where polls are taken together in accordance with regulation 10(1) or (5).
2
The referendum is to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules (as contained in Schedule 5 to these Regulations).
3
The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendum, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.
4
Where a person applies under Schedule 4 to the Representation of the People Act 2000 to vote by post, or to vote by proxy, at the election, that person is to be treated as applying also to vote by post, or to vote by proxy, at the referendum.
Combination of referendum and election polls: supplementary provisions relating to elections
12
1
This regulation applies, in relation to the election or elections (as the case may be), where polls are taken together in accordance with regulation 10(1) or (5).
2
The provisions specified in the first column of Tables 2, 3 and 6 of Schedule 4 have effect in relation to elections to which this regulation applies, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.
3
Where a person applies under Schedule 4 to the Representation of the People Act 2000 to vote by post, or to vote by proxy, at the referendum, that person is to be treated as applying also to vote at the election by post or by proxy.
Combination of referendum polls: supplementary
13
1
This regulation applies where polls at referendums are taken together in accordance with regulation 10(7) or (8).
2
The functions mentioned in paragraph (3) are all to be discharged by one counting officer, and the counting officers are to agree as to which of them that should be.
3
The functions mentioned in this paragraph are —
a
those under the following rules of the Local Government Act Referendums (Combination of Polls) Rules —
i
unless paragraph (ii) applies, rule 8 (the corresponding number list) to the extent that it relates to ballot papers to be provided in pursuance of rule 17(1);
ii
where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 8 (the corresponding number list);
iii
rule 12(3) (notice of situation of polling stations, etc);
iv
where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 13 (postal ballot papers);
v
rule 14 (provision of polling stations);
vi
rule 15(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;
vii
rule 17 (equipment of polling stations);
viii
rule 20 (notification of requirement of secrecy in relation to polling stations);
ix
where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), rule 22 (return of postal ballot papers);
x
rule 23(3) (signature as to certificate of employment);
xi
rule 24(2)(b) (keeping of order in station);
xii
rule 38(1) (the count); and
b
where the proceedings on the issue and receipt of postal ballot papers at more than one referendum are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), the functions conferred by the provisions of Part 5 of those Regulations applied by paragraph (5).
4
The referendums are to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules.
5
The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendums, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.
6
The cost of taking the combined poll (excluding any cost solely attributable to one referendum) and any cost attributable to the combination is to be apportioned equally among the referendums.
Result of referendum or further referendum
14
1
This regulation is subject to regulations 16 and 17.
2
If the majority of the votes cast in a referendum other than a further referendum are in favour of the authority operating arrangements which differ from its existing arrangements, the result of the referendum is —
a
for the purposes of section 9MB(3), to approve the authority’s proposals under section 9MA;
b
for the purposes of regulation 18 (action where referendum proposals approved) of the Petitions Regulations, and in accordance with section 9MF(4), to approve the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;
c
for the purposes of an order made under section 9N, to require the authority to start to operate a mayor and cabinet executive;
d
for the purposes of an order made under section 9ME, and in accordance with section 9MF(4), to require the authority to start to operate the form of governance that was the subject of the referendum held in consequence of the order.
3
If the majority of the votes cast in a referendum other than a further referendum are in favour of the continuation of the authority’s existing arrangements, the result of the referendum is —
a
for the purposes of section 9MB(3), to reject the authority’s proposals under section 9MA;
b
for the purposes of regulation 19 (action where referendum proposals rejected) of the Petitions Regulations, and in accordance with section 9MF(5), to reject the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;
c
for the purposes of an order made under section 9N, to reject the proposal that the authority start to operate a mayor and cabinet executive;
d
for the purposes of an order made under section 9ME, and in accordance with section 9MF(5), to reject the proposal that the authority start to operate the form of governance that was the subject of the referendum held in consequence of that order.
4
If the majority of the votes cast in a further referendum are in favour of the authority continuing to operate a mayor and cabinet executive, the result of the referendum is to require the authority to continue to operate those arrangements.
5
If the majority of the votes cast in a further referendum are in favour of the authority changing its governance arrangements to those it operated at the time of the tainted referendum, the result of the referendum is to require the authority to implement those arrangements.
Procedures for questioning referendum
15
1
A referendum under these Regulations may be questioned by petition (“a referendum petition”) —
a
on the ground that the result of the referendum was not in accordance with the votes cast;
b
on the ground that the referendum was avoided by such corrupt or illegal practices, within the meaning of the 1983 Act, as are relevant to referendums by virtue of regulation 8, 11 or 13 or paragraph (8);
c
on the grounds provided by section 164 (avoidance of election for general corruption etc) of the 1983 Act, as applied for the purposes of these Regulations by paragraph (8); or
d
subject to paragraph (3), on the ground that a payment of money or other reward has been made or promised since the referendum in pursuance of a corrupt or illegal practice relevant to the referendum by virtue of regulation 8, 11 or 13 or paragraph (8).
2
A referendum petition on any of the grounds specified in paragraph (1)(a) to (c) must be presented not later than 21 days after the day on which the referendum was held.
3
A referendum petition on the ground mentioned in paragraph (1)(d) may be presented only with the leave of the High Court.
4
An application for leave must be made, not later than 28 days after the date of the alleged payment or promise, by application notice to the court at such time and place as the court may appoint.
5
Not less than seven days before the day so appointed the applicant must —
a
serve the application notice on the respondent and the Director of Public Prosecutions and lodge a copy in the election petitions office; and
b
publish notice of the intended application in at least one newspaper circulating in the voting area for the referendum to which the application relates.
6
The application notice must state the grounds on which the application is made.
7
A referendum petition is to be tried by an election court, that is to say, a court constituted under section 130 (election court for local election in England and Wales, and place of trial) of the 1983 Act for the trial of an election petition, as applied by paragraph (8).
8
Schedule 6 to these Regulations contains provisions which have effect in relation to the questioning of a referendum as they have effect in relation to the questioning of an election under the Local Government Act 1972 subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.
9
The Election Petition Rules 1960 have effect in relation to a referendum petition as they have effect in relation to a local election petition within the meaning of those Rules, subject to the modifications specified in Schedule 7 to these Regulations and to any contrary provision of these Regulations.
Immediate consequences of referendum petitions
16
1
This regulation, apart from paragraph (5), applies where —
a
a referendum petition is presented on any of the grounds mentioned in regulation 15(1)(a) to (c); or
b
leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d).
2
Where this regulation applies —
a
in relation to a referendum —
i
at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and
ii
in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and
b
before the authority have passed a resolution under section 9KC,
the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.
3
Where this regulation applies —
a
in relation to a referendum —
i
at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and
ii
in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and
b
after the authority have passed a resolution under section 9KC,
the authority must continue to operate the arrangements that are the subject of that resolution.
4
Where this regulation applies —
a
in relation to a referendum —
i
at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and
ii
in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and
b
without an election for the return of an elected mayor having taken place in consequence of the referendum,
the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.
5
Where leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d) —
a
in relation to a referendum —
i
at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and
ii
in which the majority of the votes cast are in favour of the authority operating arrangements which differ from its existing arrangements; and
b
after an election for the return of an elected mayor has taken place in consequence of the referendum,
the elected mayor is to continue in office.
Determination of referendum petitions
17
1
Where an election court certifies, as its determination of a referendum petition, that the result of the referendum declared under regulation 14 is or is not in accordance with the votes cast (as the case may be), any reference (in whatever terms) in the timetable —
a
included in the authority’s proposals under section 9MA;
b
included in their proposals under regulation 17(2) of the Petitions Regulations; or
c
prepared in pursuance of any other regulations or an order made under any provision of Part 1A (arrangements with respect to local authority governance in England) of the 2000 Act,
to the date of the result of the referendum is to be construed as a reference to the date on which the election court certifies its determination.
2
On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in any paragraph of regulation 16 other than paragraph (5), the election court must either —
a
dismiss the petition; or
b
allow the petition,
and, where the court allows the petition, it must declare the referendum avoided.
3
Where an election court certifies, as its determination of a referendum petition specifying any of the grounds mentioned in regulation 15(1), that the referendum was avoided, the authority concerned must, not earlier than two months and not later than three months after the date on which the election court has certified that determination, hold another referendum.
4
Where another referendum is held in the circumstances referred to in paragraph (3), these Regulations apply to the conduct of that referendum as they apply to the conduct of the avoided referendum subject to —
a
in regulation 4 —
i
the omission of paragraph (1)(a) and (b);
ii
in paragraph (1)(c), the omission of paragraphs (vii) and (viii);
iii
after paragraph (1)(c)(ix), the insertion of —
x
that another referendum is being held in consequence of the determination of an election court that the referendum last held in the authority’s area was avoided.
.
5
Where the circumstances are as mentioned in regulation 16(5)(a) and (b), the court must —
a
dismiss the petition; or
b
allow the petition,
and, where the court allows the petition, it must declare the referendum to be tainted, and order that a further referendum be held.
6
Where the election court makes the order mentioned in paragraph (5), subject to regulation 10(1), the authority must hold the further referendum as soon as practicable after the expiration of the period of five years beginning with the date on which the tainted referendum was held.
7
If the majority of the votes cast in a further referendum are in favour of the authority continuing to operate a mayor and cabinet executive, the authority must continue to operate those arrangements.
8
If the majority of the votes cast in a further referendum are in favour of the authority changing its governance arrangements to those which it operated at the time of the tainted referendum, section 9KC(2) applies as if in paragraph (b) for sub-paragraph (i) there were substituted —
i
states that in consequence of the rejection in a further referendum of the authority’s existing mayor and cabinet executive, the authority have resolved to operate the arrangements they operated at the time of the tainted referendum instead;
.
9
These Regulations, except where the context otherwise requires, apply (so far as relevant) to the conduct of the further referendum as they apply to the conduct of any other referendum subject to —
a
in regulation 3 the omission of paragraphs (a), (b)(ii) and (c)(ii);
b
in regulation 4 —
i
the omission of paragraph (1)(a) and (b);
ii
in paragraph (1)(c), the omission of paragraphs (vii) and (viii);
iii
after paragraph (1)(c)(ix), the insertion of —
x
that a further referendum is being held in consequence of the determination of an election court that the referendum last held in the authority’s area was tainted by reason of a payment of money or other reward made or promised since the referendum in pursuance of a corrupt or illegal practice;
;
c
in Schedule 1 the omission of paragraphs 1, 2, 4 and 6;
d
the omission of the first, second, fourth and sixth forms appearing in the Local Government Act Referendums Rules and the Local Government Act Referendums (Combination of Polls) Rules.
Time
18
1
The days mentioned in paragraph (2) are to be disregarded in calculating any period of time for the purposes of regulation 4(1).
2
The days mentioned in this paragraph are —
a
a Saturday or Sunday;
b
Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England; and
c
any day appointed as a day of public thanksgiving or mourning.
Advertisements
19
The Town and Country Planning (Control of Advertisements) Regulations 1992 have effect in relation to the display on any site in a voting area of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.
Non-domestic rating: premises used for referendum purposes
20
In relation to premises in a voting area, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if —
a
the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum; and
b
the reference to the use by a returning officer for the purpose of taking the poll in an election included a reference to the use for the purpose of taking the poll in the referendum —
i
by a person exercising functions of a counting officer in accordance with regulation 9; or
ii
by a relevant returning or counting officer within the meaning of rule 2(1) of the Local Government Act Referendums (Combination of Polls) Rules.
Revocations
21
The Local Authorities (Conduct of Referendums)(England) Regulations 2007 are revoked.
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
SCHEDULE 1
QUESTIONS TO BE ASKED IN A REFERENDUM
Regulation 3
1
How would you like [ insert name of local authority ] to be run?
By a leader who is an elected councillor chosen by a vote of the other elected councillors. This is how the council is run now.
Or
By a mayor who is elected by voters. This would be a change from how the council is run now.
2
How would you like [ insert name of local authority ] to be run?
By one or more committees made up of elected councillors. This is how the council is run now.
Or
By a mayor who is elected by voters. This would be a change from how the council is run now.
3
How would you like [insert name of local authority] to be run?
By a mayor who is elected by voters. This is how the council is run now.
Or
By a leader who is an elected councillor chosen by a vote of the other elected councillors. This would be a change from how the council is run now.
4
How would you like [ insert name of local authority ] to be run?
By one or more committees made up of elected councillors. This is how the council is run now.
Or
By a leader who is an elected councillor chosen by a vote of the other elected councillors. This would be a change from how the council is run now.
5
How would you like [ insert name of local authority ] to be run?
By a mayor who is elected by voters. This is how the council is run now.
Or
By one or more committees made up of elected councillors. This would be a change from how the council is run now.
6
How would you like [ insert name of local authority ] to be run?
By a leader who is an elected councillor chosen by a vote of the other elected councillors. This is how the council is run now.
Or
By one or more committees made up of elected councillors. This would be a change from how the council is run now.
SCHEDULE 2
MATTERS RELEVANT TO REFERENDUM EXPENSES
Regulation 6(1)
1
Advertising of any nature (whatever the medium used).
Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
2
Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas).
Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
3
Any material of a description referred to in regulation 5(1).
4
Market research or canvassing conducted for the purposes of ascertaining voting intentions.
5
The provision of any services or facilities in connection with press conferences or other dealings with the media.
6
Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.
Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the referendum period.
7
Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.
Expenses in respect of such events include costs in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.
8
Nothing in paragraphs 1 to 7 is to be taken as extending to —
a
any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;
b
any expenses incurred in respect of the remuneration or allowances payable to any member of staff of the campaign of the campaign organiser;
c
any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his or her accommodation or other personal needs to the extent that the expenses are paid by the individual from that person’s own resources and are not reimbursed to him or her.
SCHEDULE 3
THE LOCAL GOVERNMENT ACT REFERENDUMS RULES
Regulation 8
Contents
PART 1
Citation and Interpretation
1
Citation
2
Interpretation
PART 2
Provisions as to Time
3
Timetable
4
Computation of time
PART 3
General Provisions
5
Notice of referendum
6
Poll to be taken by ballot
7
The ballot papers
8
The corresponding number list
9
The official mark
10
Prohibition of disclosure of vote
11
Use of schools and public rooms
PART 4
Action to be Taken Before the Poll
12
Notice of poll
13
Postal ballot papers
14
Provision of polling stations
15
Appointment of presiding officers and polling clerks
16
Issue of official poll cards
17
Equipment of polling stations
18
Appointment of polling observers and counting observers
19
Notification of requirement of secrecy
20
Return of postal ballot papers
PART 5
The Poll
21
Admission to polling station
22
Keeping of order in station
23
Sealing of ballot boxes
24
Questions to be put to voters and proxies
25
Challenge of voter or proxy
26
Voting procedure
27
Votes marked by presiding officer
28
Voting by persons with disabilities
29
Tendered ballot papers: circumstances where available
30
Tendered ballot papers: general provisions
31
Spoilt ballot papers
32
Correction of errors on day of poll
33
Adjournment of poll in case of riot
34
Procedure on close of poll
PART 6
Counting of Votes
35
Attendance at counting of votes
36
The count
37
Re-count
38
Rejected ballot papers
39
Decisions on ballot papers
40
Equality of votes
PART 7
Declaration of Result and Disposal of Documents
41
Declaration of result
42
Sealing up of ballot papers
43
Delivery of documents to relevant registration officer
44
Orders for production of documents
45
Retention of documents
PART 8
Appendix of Forms
PART 1 Citation and Interpretation
Citation
1
These Rules may be cited as the Local Government Act Referendums Rules.
Interpretation
2
1
In these Rules “voter” means a person entitled to vote on his or her own behalf.
2
Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.
PART 2 Provisions as to Time
Timetable
3
The proceedings at the referendum shall be conducted in accordance with the following Timetable.
Timetable
Proceedings Time
Publication of notice of referendum Not later than the twenty-fifth day before the day of the referendum. Notice of poll Not later than the sixth day before the day of the referendum. Polling Between the hours of 7 in the morning and 10 at night on the day of the referendum.
Computation of time
4
In computing any period of time for the purposes of the Timetable the days mentioned in regulation 18(2)(a) to (c) shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the counting officer be obliged to proceed with the counting of the votes on such a day.
PART 3 General Provisions
Notice of referendum
5
1
The counting officer must publish notice of the referendum, stating the date of the poll.
2
The notice of referendum must state the date by which —
a
applications to vote by post or by proxy; and
b
other applications and notices about postal or proxy voting,
must reach the registration officer in order that they may be effective for the referendum.
Poll to be taken by ballot
6
A poll must be taken at the referendum and the votes at the poll must be given by ballot.
The ballot papers
7
1
The ballot of every person entitled to vote at the referendum must consist of a ballot paper.
2
Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).
3
Every ballot paper must —
a
be capable of being folded up; and
b
have a number and other unique identifying mark printed on the back.
The corresponding number list
8
1
The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him or her in pursuance of rule 13(1) or provided by that person in pursuance of rule 17(1).
2
The list must be in the form L1 in the Appendix or a form to like effect.
The official mark
9
1
Every ballot paper must contain an appropriate security marking (the official mark).
2
The official mark must be kept secret.
3
The counting officer may use a different official mark for different purposes at the same referendum.
Prohibition of disclosure of vote
10
No person who has voted at the referendum shall, in any legal proceeding to question the referendum, be required to state for which answer he or she has voted.
Use of schools and public rooms
11
1
The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes —
a
a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
b
a room the expense of maintaining which is payable out of any rate.
2
The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.
PART 4 Action to be Taken Before the Poll
Notice of poll
12
1
The counting officer must publish notice of the poll stating —
a
the day and hours fixed for the poll; and
b
the question to be asked in the referendum.
2
The notice of the poll must be published no later than the sixth day before the date of the referendum.
3
The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of —
a
the situation of each polling station; and
b
the description of persons entitled to vote there.
Postal ballot papers
13
1
The counting officer must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.
2
The counting officer must also issue to those entitled to vote by post such information as he or she thinks appropriate about how to obtain —
a
translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;
b
a translation into Braille of such directions or guidance;
c
graphical representations of such directions or guidance;
d
the directions or guidance in any other form (including any audible form).
3
The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.
4
In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.
Provision of polling stations
14
1
The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as he or she thinks most convenient.
2
One or more polling stations may be provided in the same room.
3
The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.
4
The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.
Appointment of presiding officers and polling clerks
15
1
The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.
2
The counting officer may, if he or she thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.
3
A presiding officer may do, by the clerks appointed to assist him or her, any act (including the asking of questions) which he or she is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
Issue of official poll cards
16
1
The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.
2
The official poll card must be sent or delivered —
a
in the case of a voter, to his or her qualifying address; and
b
in the case of a proxy, to his or her address as shown in the list of proxies.
3
The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out —
a
the name of the council and of the voting area;
b
the name of the voter, his or her qualifying address and number on the register;
c
the date and hours of the poll and the situation of the voter’s polling station;
d
such other information as the counting officer thinks appropriate,
and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.
4
In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.
5
In this rule references to a voter —
a
are to a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and
b
include a person then shown in the register as below voting age if (but only if) it appears from the register that he or she will be of voting age on the day fixed for the poll.
Equipment of polling stations
17
1
The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer’s opinion may be necessary.
2
Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
3
The counting officer must provide each polling station with —
a
materials to enable voters and proxies to mark the ballot papers;
b
copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;
c
the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);
d
a list, in the form L2 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
4
The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.
5
The counting officer must also provide each polling station with —
a
at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and
b
a device of such description as is set out in paragraph (9) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 28(1)).
6
A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.
7
The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as he or she considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.
8
In every compartment of every polling station there must be exhibited the notice “[ Specify name of council ....] REFERENDUM. Mark a cross (X) in the box on the right hand side of the answer of your choice. Vote ONCE only. Put no other mark on the ballot paper, or your vote may not be counted.”.
9
The device referred to in paragraph (5)(b) must —
a
allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;
b
hold the ballot paper firmly in place during use; and
c
provide suitable means for the voter or proxy to —
i
identify the spaces on the ballot paper on which that person may mark his or her vote;
ii
identify the answer to which each such space refers; and
iii
mark his or her vote on the space he or she has chosen.
Appointment of polling observers and counting observers
18
1
The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).
2
The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).
3
For the purpose of assisting the counting officer in the discharge of his or her functions under paragraph (2), a petition organiser may nominate persons who in the opinion of the petition organiser are suitable for appointment as counting observers.
4
A nomination under paragraph (3) must be made by notice in writing to the counting officer not later than the fifth day before the poll (disregarding any day which is to be disregarded by virtue of rule 4) and the notice must contain the address of each nominee.
5
Subject to paragraph (6), the counting officer must not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser under paragraph (3).
6
The counting officer may limit the number of counting observers, so however that —
a
the number must be the same in the case of each petition organiser; and
b
the number allowed to a petition organiser must not (except in special circumstances) be fewer than the number obtained by dividing the number of clerks employed on the counting by the number of petition organisers.
For the purposes of the calculations required by this paragraph, a counting observer who has been appointed on the nomination of more than one petition organiser is a separate counting observer for each of the petition organisers by whom he or she has been nominated.
7
Where a counting observer appointed on the nomination of a petition organiser dies or becomes incapable of acting, the petition organiser who made the nomination may nominate another person to be appointed as a counting observer in his or her place by giving notice in writing to the counting officer.
8
Paragraphs (4) and (5) apply to a nomination under paragraph (7), with the substitution in paragraph (4) for “fifth day” of “final day”.
9
In the following provisions of these Rules references to polling observers and counting observers shall be taken as references to polling observers and counting observers whose appointments have been duly made.
10
Any notice required to be given by the counting officer to a counting observer appointed on the nomination of a petition organiser may be delivered at, or sent by post to, the address stated in the notice of nomination.
11
A petition organiser may do any act or thing which any counting observer is authorised to do, or may assist any counting observer appointed on his or her nomination in doing any such act or thing.
12
Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
19
1
The counting officer must make such arrangements as he or she thinks fit to ensure that —
a
every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act , as applied by Schedule 4; and
b
every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.
Return of postal ballot papers
20
1
Where —
a
a postal vote has been returned in respect of a person who is entered on the postal voters list; or
b
a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,
the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act .
2
Rule 36(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
PART 5 The Poll
Admission to polling station
21
1
The presiding officer must exclude all persons from the polling station except —
a
voters and proxies;
b
persons under the age of 18 who accompany voters and proxies to the polling station;
c
the polling observers appointed to attend at the polling station;
d
the clerks appointed to attend at the polling station;
e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000;
f
the constables on duty;
g
the companions of voters and proxies with disabilities;
h
the elected mayor, if any, of the council in respect of which the referendum is held; and
i
any petition organiser.
2
The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
3
A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at his or her own polling station allotted to him or her under these Rules, except on production and surrender of a certificate as to his or her employment which must be in the form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer, as the case may be.
4
Any certificate surrendered under this rule must forthwith be cancelled.
Keeping of order in station
22
1
It is the presiding officer’s duty to keep order at his or her polling station.
2
If a person misconducts himself or herself in a polling station, or fails to obey the presiding officer’s lawful orders, that person may immediately, by the presiding officer’s order, be removed from the polling station —
a
by a constable in or near that station; or
b
by any other person authorised in writing by the counting officer to remove him or her,
and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.
3
Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
4
The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Sealing of ballot boxes
23
Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place his or her seal on it in such a manner as to prevent its being opened without breaking the seal and must place it in his or her view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).
Questions to be put to voters and proxies
24
1
At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table —
a
may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column; and
b
must be put if the letter “R” appears after the question and a petition organiser or polling observer requires the question to be put:
Q no Person applying for ballot paper Question
1 A person applying as a voter
— Are you the person registered in the register of local government electors for this voting area as follows?
(read the whole entry from the register) [R]
— Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2 A person applying as proxy
— Are you the person whose name appears as AB in the list of proxies for this voting area as entitled to vote as proxy on behalf of CD ? [R]
— Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R]
— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD? [R]
3 A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2)
— Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is ( read out the number )? [R]
— Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is ( read out the number )? [R]
— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is ( read out the number )? [R]
4 A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative Have you already voted at this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R] 5 A person applying as a voter in relation to whom there is an entry in the postal voters list
— Did you apply to vote by post?
— Why have you not voted by post?
6 A person applying as proxy who is named in the proxy postal voters list
— Did you apply to vote by post as proxy?
— Why have you not voted by post as proxy?
2
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.
3
A ballot paper must not be delivered to any person required to answer any of the above questions unless that person has answered each question satisfactorily.
4
Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter or proxy
25
A person must not be prevented from voting by reason only that —
a
any petition organiser or polling observer permitted to be present in accordance with rule 21(1) declares that he or she has reasonable cause to believe that the person has committed an offence of personation; or
b
the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.
Voting procedure
26
1
A ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery —
a
the number and (unless paragraph (2) applies) name of the voter as stated in the copy of the register of electors must be called out;
b
the number of the voter as stated in the register must be marked on the list mentioned in rule 17(3)(d) beside the number of the ballot paper to be issued to him or her;
c
a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and
d
in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his or her name in the list of proxies.
2
In the case of a voter who has an anonymous entry, that person must show the presiding officer his or her official poll card and only his or her number shall be called out in pursuance of paragraph (1)(a).
3
In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows —
a
in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;
b
in sub-paragraph (b), for “in the register” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;
c
in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.
4
The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his or her paper and fold it up so as to conceal his or her vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.
5
The voter or proxy must vote without undue delay, and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box.
Votes marked by presiding officer
27
1
The presiding officer, on the application of a voter or proxy —
a
who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or
b
who declares orally that he or she is unable to read,
must, in the presence of the polling observers (if any), cause that person’s vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.
2
The name and number on the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).
In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.
3
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “on the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
Voting by persons with disabilities
28
1
If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of —
a
blindness or other disability; or
b
inability to read,
to vote with the assistance of another person by whom he or she is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he or she is so incapacitated by his or her blindness or other disability, or by his or her inability to read, as to be unable to vote without assistance.
2
If the presiding officer —
a
is satisfied that the voter or proxy is so incapacitated; and
b
is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion —
i
is a qualified person within the meaning of this rule; and
ii
has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,
the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.
3
For the purposes of these Rules, a person is a voter or proxy with disabilities if he or she has made such a declaration as is mentioned in paragraph (1), and a person shall be qualified to assist a voter or proxy with disabilities to vote if that person —
a
is a person who is entitled to vote on his or her own behalf at the referendum; or
b
is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter or proxy and has attained the age of 18 years.
4
The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters or proxies with disabilities assisted by companions”).
In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.
5
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
6
The declaration made by the companion of a voter or proxy with disabilities —
a
must be in the form in the Appendix;
b
must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion; and
c
must forthwith be given to the presiding officer who must attest and retain it.
7
No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers: circumstances where available
29
1
If a person, representing himself or herself to be —
a
a particular voter named on the register and not named in the absent voters list; or
b
a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.
2
Paragraph (4) applies if —
a
a person applies for a ballot paper representing himself or herself to be a particular voter named on the register;
b
he or she is also named in the postal voters list; and
c
he or she claims that he or she did not make an application to vote by post at the referendum.
3
Paragraph (4) also applies if —
a
a person applies for a ballot paper representing himself or herself to be a particular person named as a proxy in the list of proxies;
b
he or she is also named in the proxy postal voters list; and
c
he or she claims that he or she did not make an application to vote by post as proxy.
4
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.
5
Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself or herself to be —
a
a particular voter named on the register who is also named in the postal voters list; or
b
a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he or she has lost or has not received his or her postal ballot paper.
6
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.
Tendered ballot papers: general provisions
30
1
A tendered ballot paper must —
a
be of a colour differing from that of the other ballot papers;
b
instead of being put into the ballot box, be given to the presiding officer and endorsed by him or her with the name of the person who has marked a tendered ballot paper and that person’s number in the register of electors, and set aside in a separate packet.
2
The name of the person who has marked a tendered ballot paper and his or her number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
3
In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy’s name shall be the number in the register of the voter.
4
In the case of a voter who has an anonymous entry, this rule and rule 29 apply subject to the following modifications —
a
in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper shall be ignored;
b
otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears in the register or list (as the case may be).
5
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 29 shall apply as if —
a
in rule 29(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;
b
in paragraph (1)(b) of this rule for “that person’s number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;
c
in paragraph (2) of this rule, for “his or her number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
Spoilt ballot papers
31
A voter or proxy who has inadvertently dealt with his or her ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his or her satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
Correction of errors on day of poll
32
The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
Adjournment of poll in case of riot
33
1
Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the counting officer.
2
Where the poll is adjourned at any polling station —
a
the hours of polling on the day to which it is adjourned must be the same as for the original day; and
b
references in these Rules to the close of the poll shall be construed accordingly.
Procedure on close of poll
34
1
As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with his or her own seal and the seals of such polling observers as desire to affix their seals —
a
each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;
b
the unused and spoilt ballot papers placed together;
c
the tendered ballot papers;
d
the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;
e
the lists prepared under rule 8 including the parts which were completed in accordance with rule 26(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);
f
the certificates as to employment on duty on the day of the poll;
g
the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 32 (correction of errors on day of poll), and the declarations made by the companions of voters and proxies with disabilities,
and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery shall require the counting officer’s approval.
2
The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.
3
The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.
PART 6 Counting of Votes
Attendance at counting of votes
35
1
The counting officer must make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll, and must give to the counting observers notice in writing of the time and place at which he or she will begin to count the votes.
2
No person other than —
a
the counting officer and his or her clerks;
b
the counting observers;
c
the elected mayor, if any, of the council in respect of which the referendum is held;
d
the petition organisers; and
e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,
may be present at the counting of the votes, unless permitted by the counting officer to attend.
3
A person not entitled to attend at the counting of the votes shall not be permitted to do so by the counting officer unless he or she is satisfied that the efficient counting of the votes will not be impeded.
4
The counting officer must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he or she can give them consistently with the orderly conduct of the proceedings and the discharge of his or her duties in connection with them.
5
In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
The count
36
1
The counting officer must —
a
in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;
b
in the presence of the counting observers verify each ballot paper account; and
c
count such of the postal ballot papers as have been duly returned and record the number counted.
2
The counting officer must not count the votes given on any ballot papers until —
a
in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and
b
in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
3
A postal ballot paper must not be taken to be duly returned unless —
a
it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station in the voting area in question before the close of the poll;
b
the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches the counting officer or such a polling station before that time;
c
the postal voting statement also states the date of birth of a voter or proxy; and
d
in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act, the counting officer (having taken such steps) verifies that date of birth and that signature.
4
The manner in which any postal ballot paper or postal voting statement may be returned —
a
to the counting officer, is by hand or by post;
b
to a polling station, is by hand.
5
The counting officer must not count any tendered ballot paper.
6
The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.
7
The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him or her, and the unused and spoilt ballot papers in his or her possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.
8
The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he or she may exclude the hours between 7 in the evening and 9 on the following morning.
9
During the time so excluded the counting officer must —
a
place the ballot papers and other documents relating to the referendum under his or her own seal; and
b
otherwise take proper precautions for the security of the papers and documents.
Re-count
37
1
A petition organiser, if present when the counting or any re-count of the votes is completed, may require the counting officer to have the votes re-counted or again re-counted but the counting officer may refuse to do so if in his or her opinion the request is unreasonable.
2
No step shall be taken on the completion of the counting or any re-count of votes until such petition organisers as are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Rejected ballot papers
38
1
Any ballot paper —
a
which does not bear the official mark; or
b
on which votes are given for more than one answer; or
c
on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or
d
which is unmarked or void for uncertainty,
shall, subject to paragraph (2), be void and not counted.
2
A ballot paper on which the vote is marked —
a
elsewhere than in the proper place; or
b
otherwise than by means of a cross; or
c
by more than one mark,
shall not for such reason be deemed to be void if an intention that the vote shall be for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that he or she can be identified by it.
3
The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer’s decision.
4
The counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of —
a
want of official mark;
b
voting for more than one answer;
c
writing or mark by which the voter or proxy could be identified;
d
unmarked or void for uncertainty.
Decisions on ballot papers
39
The decision of the counting officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.
Equality of votes
40
Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers the counting officer must forthwith decide the referendum by lot.
PART 7 Declaration of Result and Disposal of Documents
Declaration of result
41
When the result of the poll has been ascertained, the counting officer must forthwith —
a
declare the result of the referendum;
b
inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum;
c
give public notice of —
i
the result of the referendum;
ii
the number of ballot papers counted;
iii
the total number of votes cast for each answer; and
iv
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
Sealing up of ballot papers
42
1
On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.
2
The counting officer must not open the sealed packets of —
a
tendered ballot papers;
b
the completed corresponding number lists;
c
certificates as to employment on duty on the day of the poll; or
d
marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
Delivery of documents to relevant registration officer
43
1
The counting officer must then forward to the relevant registration officer the following documents —
a
the packets of ballot papers in the counting officer’s possession;
b
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;
c
the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 32, and the declarations made by the companions of voters and proxies with disabilities;
d
the packets of the completed corresponding number lists;
e
the packets of certificates as to employment on duty on the day of the poll; and
f
the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,
endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the local authority by which or in respect of which the referendum was held.
2
In this rule and in rules 44 and 45 references to the relevant registration officer are to the registration officer of the local authority by or in respect of which the referendum is held.
Orders for production of documents
44
1
An order —
a
for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or
b
for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the relevant registration officer’s custody,
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a referendum petition.
2
An order for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.
3
An order under this rule may be made subject to such conditions as to —
a
persons;
b
time;
c
place and mode of inspection;
d
production or opening,
as the court making the order may think expedient.
4
In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved —
a
that that person’s vote was given; and
b
that the vote has been declared by a competent court to be invalid.
5
An appeal lies to the High Court from any order of a county court under this rule.
6
Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
7
Where an order is made for the production by the relevant registration officer of any document in his or her possession relating to any specified referendum —
a
the production by the relevant registration officer or his or her agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified referendum; and
b
any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
8
The production from proper custody of —
a
a ballot paper purporting to have been used at any referendum; and
b
a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
shall be prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
9
Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.
Retention of documents
45
The relevant registration officer must retain for one year all documents relating to a referendum forwarded to him or her in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.
PART 8 Appendix of Forms
Note: — The forms contained in this Appendix may be adapted so far as circumstances require.
Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 4 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 5 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 6 of Schedule 1
Corresponding Number List L1
Corresponding Number List L2
Form of Postal Voting Statement
Official Poll Card (to be sent to a voter voting in person)
Official Postal Poll Card (to be sent to a voter voting by post)
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
Form of directions for the guidance of the voters and proxies in voting
Form of Certificate of Employment
Form of declaration to be made by the companion of a voter or proxy with disabilities
SCHEDULE 4
Application, with modifications, of Acts and subordinate legislation
Regulations 8, 11, 12 and 13
Interpretation
1
1
The provisions set out in the first column of Tables 1 to 6 have effect subject to —
a
any modification mentioned in the second column of those Tables; and
b
unless the context otherwise requires, the modifications mentioned in sub-paragraph (2).
2
The modifications mentioned in this paragraph are —
a
a reference to an election must be construed as a reference to the referendum;
b
a reference to a returning officer must be construed as a reference to the counting officer;
c
a reference to a constituency, an electoral division or a ward must be construed as a reference to a voting area;
d
a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;
e
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;
f
references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, must be ignored;
g
a reference to the return of a person must be construed as a reference to a particular result in the referendum;
h
a reference to a person voting as an elector must be construed as a person voting on his or her own behalf;
i
a reference to a person’s entitlement as an elector to an absent vote must be construed as a reference to a person’s entitlement to vote by post on his or her own behalf or to vote by proxy;
j
except where the polls at the referendum and an election are taken together in accordance with regulation 10(1) or (5), where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;
k
a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;
l
a form which is required to be used may be used with such variations as the circumstances require;
m
a reference to the registration officer, in relation to a district or a London borough, is a reference to the relevant registration officer appointed under section 8 of the 1983 Act ; and for the purpose of the exercise of a registration officer’s functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;
n
a reference to an election petition must be construed as a reference to a referendum petition;
o
any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;
p
so much of any provision as applies only in Scotland, Wales or Northern Ireland is to be ignored.
Table 1
Representation of the People Act 1983
(1) Provision (2) Modification
Section 13B (alteration of registers: pending elections)
After “election”, in each place, substitute “or referendum”.
After subsection (4) insert —
4A
This section also applies to referendums.
Section 31 (polling districts and stations at local government elections)
In subsection (1) —
for “elections of county councillors” substitute “referendums by or in respect of a county”, and
for “elections of London borough or district councillors” substitute “referendums by or in respect of a London borough or district”.
In subsection (3) for “local government elections” substitute “referendums”.
Section 35(4) (appointments by returning officers) Section 36(4) and (6) (returning officer’s expenditure at local elections)
In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “by a counting officer for a voting area in relation to the holding of a referendum”.
In subsection (6) for the words from the beginning to “councillor, the council” substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the authority”.
Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer.
Section 47 (loan of equipment for local elections)
In subsection (1) for “the returning officer at a local government election” substitute “the counting officer at a referendum”.
In subsection (2) —
omit the words from “, or” at the end of paragraph (a) to “as the case may be”;
for “an election held under those Acts” substitute “a referendum”.
Section 49(4) to (5) (effect of registers) In subsection (5) omit “prevent the rejection of the vote on a scrutiny or”. Section 60 (personation) In subsection (2) omit “parliamentary or”. Section 61 (other voting offences)
In subsection (1) after “local government election” and “local government elections”, in each place, insert “or referendum” or “or referendums” respectively.
For subsections (2) to (4) substitute —
2
A person shall be guilty of an offence if —
a
that person votes on his or her own behalf otherwise than by proxy —
i
more than once in the same voting area,
ii
in more than one voting area, or
iii
in any voting area where there is in force an appointment of a person to vote as his or her proxy in the referendum in another voting area, or
b
that person votes on his or her own behalf in person and is entitled to vote by post, or
c
that person votes on his or her own behalf in person knowing that a person appointed to vote as his or her proxy has already voted in person or is entitled to vote by post, or
d
that person applies for a person to be appointed as his or her proxy to vote for him or her without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment.
3
A person shall be guilty of an offence if —
a
that person votes as proxy for the same person either —
i
more than once in the same voting area, or
ii
in more than one voting area, or
b
that person votes in person as proxy for a person and is entitled to vote by post as proxy for someone whom he or she already knows to have voted in person.
4
A person shall also be guilty of an offence if he or she votes as proxy in any voting area for more than two persons of whom he or she is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
For subsection (6A) substitute —
6A
A person is not guilty of an offence under subsection (2)(b) only by reason of his or her having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules or rule 31 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(England) Regulations 2012.
Section 62A (offences relating to applications for postal and proxy votes) In subsection (1)(a) after “election” insert “or referendum”. Section 63 (breach of official duty)
In subsection (3) after “local government election” in both places insert “or referendum”.
In subsection (4)(a) after “election” insert “or referendum”.
Section 65 (tampering with ballot papers, etc)
In subsection (1) —
after “election”, in the first place it occurs, insert “or referendum”, and
omit paragraph (a).
In subsection (3) for “clerk” substitute “person”.
Section 66 (requirement of secrecy)
For subsection (1)(b) substitute —
b
every polling observer, so attending,
.
Section 66A (prohibition of exit polls)
In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert —
; and
c
any referendum
.
Section 92 (broadcasting from outside the United Kingdom) In subsection (1) after “local government election” insert “or referendum”. Section 94 (imitation poll cards)
In subsection (2) —
after “section 36” insert “above, or regulations made under section 9MG of the Local Government Act 2000”, and
after “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)
For subsection (1) substitute —
1
Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.
1A
In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.
Omit subsection (2).
In subsection (3) —
for the words from “electoral area for which” to “that electoral area” substitute “voting area”, and
omit paragraph (b).
In subsection (4) —
omit the words “and paragraph 1(1) of Schedule 5 to this Act”,
after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person””, and
omit the words from “and any person” to the end.
After subsection (4) insert —
5
The lists maintained by a county council, district council or London borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.
Section 97 (disturbances at election meetings)
For subsection (2) substitute —
2
This section applies to a meeting in connection with a referendum held during the campaign period.
2A
In subsection (2) “the campaign period” means the period of 25 days ending with the day before the date of the referendum.
Section 100(1) and (2) (illegal canvassing by police officers) In subsection (1) for the words from “from giving his vote” to the end substitute “from giving his or her vote in the referendum in a voting area wholly or partly within the police area”. Section 109 (payments for the exhibition of election notices) Section 110 (details to appear on election publications) Section 111 (prohibition of paid canvassers) Section 112 (providing money for illegal purposes) Section 113 (bribery) Section 114 (treating) Section 115 (undue influence) Section 116 (rights of creditors) Omit paragraphs (b) and (c). Section 118 (interpretation of Part 2) Section 119 (computation of time for purposes of Part 2)
In subsection (1)(b) after “disregarded” insert —
; and
c
in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded.
Section 167 (application for relief) Section 168 (prosecutions for corrupt practices) Section 169 (prosecutions for illegal practices) Section 170 (conviction of illegal practice on charge of corrupt practice etc) Section 173(1)(a)(i), (2) and (3) (incapacities) In subsection (1)(a)(i) after “Great Britain” insert “or at any referendum”. Section 174 (mitigation and remission etc) Section 175 (illegal payments etc) Omit subsection (2). Section 176 (time limit for prosecutions) Section 177 (summary trial)
For “the local government Act” substitute “the Local Authority (Conduct of Referendums) (England) Regulations 2012”.
In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “for the voting area in which the offence is alleged to have been committed”.
Section 178 (prosecution of offences committed outside the United Kingdom) Section 179 (offences by associations) Section 181(1) (Director of Public Prosecutions) Section 185 (interpretation of Part 3) Section 199B (translations of certain documents)
In subsections (1), (5) and (7) after “local government election” insert “or referendum”.
Omit subsection (4)(a).
Section 200(1A) and (2) (public notices, and declarations) Section 202 (interpretation)
Table 2
Representation of the People Act 1985
(1) Provision (2) Modification
Section 15 (combination of polls at parliamentary, European and local elections)
After subsection (1)(c) insert —
or
d
a referendum and an election of one or more of the descriptions specified in paragraphs (a) to (c),
.
In subsection (2), after “related areas”, insert “or the polls at elections and a referendum”.
In subsection (4) —
after “elections”, in the first place where that word appears, insert “or elections and a referendum (as the case may be)”,
after “one election” insert “or the referendum”, and
after “elections”, in the second place where that word appears, insert “or the elections and the referendum (as the case may be)”.
Table 3
Representation of the People Act 2000
(1) Provision (2) Modification
Section 10 (pilot schemes for local elections in England and Wales)
In subsection (2) —
after “Representation of the People Acts”, insert “or the Local Government Act 2000”, and
in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
In subsection (3) —
in paragraph (b) for “candidates” substitute “campaign organisers”, and
for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
Omit subsection (4).
At the end of subsection (7)(a) insert “or the Local Government Act 2000”.
In subsection (11) for the words after “means”, substitute “a county council, district council or a London borough council.”
Section 12 (changes relating to absent voting at elections in Great Britain) In subsection (1) at the end insert “; and as regards referendums”. Schedule 4 (absent voting in Great Britain)
In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert —
, and
c
in the case of a referendum, the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012
.
In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.
In paragraphs 3(1) and 3(2) for “or at both” substitute “or at referendums, or at any combination of such polls”.
In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “or referendums, or at any combination of such polls”.
In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “or at referendums, or at any combination of such polls”.
Table 4
Political Parties, Elections and Referendums Act 2000
(1) Provision (2) Modification
Section 6A (attendance of representatives of Commission at elections etc)
After subsection (1)(b) insert —
;
c
proceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 which are the responsibility of the counting officer.
Section 6B (observation of working practices by representatives of Commission)
After subsection (2) insert —
2A
A representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, and any person acting under his or her direction.
Section 6C (accredited observers: individuals) In subsection (1) after “applies” insert “or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. Section 6D (accredited observers: organisations) In subsection (1) after “applies” insert “or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. Section 6E (attendance and conduct of observers)
For subsection (4)(c) substitute —
c
in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A);
ca
in the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the counting officer;
In subsection (4)(d) for “or (c)” substitute “, (c) or (ca)”.
Table 5
Electoral Administration Act 2006
(1) Provision (2) Modification
Section 42 (access to other election documents) Section 43 (access to other election documents: contravention of regulations) In subsection (1)(a) after “section 42” insert “as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. Section 44 (access to other election documents: supplementary)
In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “referendum documents are such documents relating to a referendum”.
After subsection (7)(e) insert —
;
f
in relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.
Section 46 (returning officers: correction of procedural errors)
After subsection (3)(b) insert —
;
c
a referendum.
Omit subsection (6).
Section 69 (encouraging electoral participation)
After subsection (8)(b) insert —
;
c
a counting officer at a referendum.
Table 6
The Representation of the People (England and Wales) Regulations 2001
(1) Provision (2) Modification
Regulation 3 (interpretation)
At the end of paragraph (2)(b) insert —
, or
c
in the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.
Regulation 4(1)(b) (forms) and, to the extent of Form E in Schedule 3, (2) Regulation 5 (communication of applications, notices, etc) Regulation 6 (electronic signatures and related certificates) Regulation 7 (copies of documents) Regulation 8 (time) Regulation 11 (interference with notices) Regulation 50 (interpretation of Part 4) Regulation 51 (general requirements for an absent vote)
For paragraph (4)(b) substitute —
b
whether it is made for all or any of parliamentary elections, local government elections or referendums.
In paragraph (5) —
after “election”, in each place, insert “or referendum”, and
omit “elections”.
Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant) Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in application) Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4) Regulation 52 (additional requirements for applications for the appointment of a proxy) Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) Regulation 56 (closing dates for applications) In paragraphs (1) to (5) and (7)(b) after “election”, in each place, insert “or referendum”. Regulation 57 (grant or refusal of applications) In paragraph (5) after “election” insert “or referendum”. Regulation 58 (notice of appeal) Regulation 59 (cancellation of proxy appointment) Regulation 61B In paragraph (3)(a) for “any candidate or agent” substitute “those”. Regulation 62 (marked register for polling stations) Regulation 64 (interpretation of Part 5) Omit the definition of “agent”. Regulation 65 (combination of polls)
Substitute —
65
Where the polls at elections or referendums are taken together under —
a
section 15(1) or (2) of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local government elections),
b
section 36(3) or (3AB) of the 1983 Act (combination of polls at local elections), or
c
the Local Authorities (Conduct of Referendums) (England) Regulations 2012, the proceedings at the issue and receipt of postal ballot papers may, if the returning and counting officers concerned agree, be taken together.
Regulation 66 (form of postal voting statement) Omit paragraph (a). Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)
Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
For paragraphs (a) to (d) substitute —
a
the counting officer and his or her clerks,
b
persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.
Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
After paragraph (d) insert —
e
the counting officer and his or her clerks, and
f
persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes.
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)
In paragraph (8) for “candidates or their agents” substitute “persons entitled to be present by virtue of regulation 68”.
Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
Omit paragraphs (1) to (7).
Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations
For paragraph (3) substitute —
3
Where postal ballot papers for more than one election or referendum are issued together by virtue of regulation 65, the references to the returning officer in paragraphs (2), (4) and (5) must be construed as references to the returning or counting officer who issues the postal ballot papers.
Regulation 70 (notification of requirement of secrecy) Regulation 71 (time when postal ballot papers are to be issued) Regulation 72 (procedure on issue of postal ballot paper)
In paragraph (5) after “one election” insert “or referendum, or for an election combined with a referendum”.
In paragraph (5)(a) —
after “elections” insert “and referendums”, and
after “election” insert “or referendum”.
In paragraph (6) for “the poll at one election is taken with the poll at another election” substitute “polls are taken together”.
Regulation 73 (refusal to issue postal ballot paper) Regulation 74 (envelopes) Regulation 75 (sealing up of completed corresponding number lists and security of special lists) Regulation 76 (delivery of postal ballot papers) Regulation 77 (spoilt postal ballot papers) In paragraph (2)(b) for “election” substitute “poll”. Regulation 78 (lost postal ballot papers) In paragraph (2A)(b) for “election” substitute “poll”. Regulation 79(3) to (5) (alternative means of returning postal ballot paper or postal voting statement) In paragraph (5) for “polling agents” substitute “polling observers (if any)”. Regulation 80 (notice of opening of postal ballot paper envelopes)
Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations;
In paragraph (1) for “each candidate” substitute “those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes”.
Omit paragraph (2)(b).
Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations:
In paragraph (1) after “each candidate” insert “and those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes”.
Regulation 81 (postal ballot boxes and receptacles) In paragraphs (3) and (4) for “the agents” substitute “those”. Regulation 82 (receipt of covering envelopes) Regulation 83 (opening of postal voters’ ballot box) In paragraph (1) for “the agents” substitute “such of those who are entitled to attend as are present”. Regulation 84 (opening of covering envelopes) Regulation 84A (confirming receipt of postal voting statements) Regulation 85 (procedure in relation to postal voting statements) In paragraph (3) for “agents” substitute “counting observers or agents or both (as the case may be)”. Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) In paragraph (4) for “agents” substitute “counting observers or agents or both (as the case may be)”. Regulation 85B (postal voting statements: additional personal identifier verification) In paragraphs (3)(a) and (c) and (4) for “agents” substitute “counting observers or agents or both (as the case may be)”. Regulation 86 (opening of ballot paper envelopes) Regulation 86A (retrieval of cancelled postal ballot papers) In paragraph (2)(b) and (f) for “agents” substitute “counting observers or agents or both (as the case may be)”. Regulation 87 (lists of rejected postal ballot papers) Regulation 88 (checking of lists kept under regulation 87) Regulation 89 (sealing of receptacles) Regulation 91 (forwarding of documents)
After paragraph (2) insert —
2A
In the case of a referendum, the documents to be forwarded under paragraph (1) are to be forwarded to the registration officer of the local authority by or in respect of which the referendum is held.
Regulation 116 (interpretation of Part 7) Regulation 118 (inspection of documents open to public inspection) Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) In Schedule 3, Form E
After “REPRESENTATION OF THE PEOPLE ACTS” insert “*[[ insert name of council ] REFERENDUM]”.
After “European Parliamentary electoral area” insert “Referendum voting area .................................”.
After the words “*[European Parliamentary] election”, in both places where they occur, insert “*[referendum]”.
After the words “*[European Parliamentary electoral region]”, in both places where they occur, insert “*[voting area]”.
In the note after “election” in each place insert “or referendum”.
SCHEDULE 5
The Local Government Act Referendums (Combination of Polls) Rules
Regulations 11 and 13
Contents
PART 1
Citation and Interpretation
1
Citation
2
Interpretation
PART 2
Provisions as to Time
3
Timetable
4
Computation of time
PART 3
General Provisions
5
Notice of referendum
6
Poll to be taken by ballot
7
The ballot papers
8
The corresponding number list
9
The official mark
10
Prohibition of disclosure of vote
11
Use of schools and public rooms
PART 4
Action to be taken Before the Poll
12
Notice of Poll
13
Postal ballot papers
14
Provision of polling stations
15
Appointment of presiding officers and clerks
16
Issue of official poll cards
17
Equipment of polling stations
18
Appointment of counting observers
19
Appointment of polling observers
20
Notification of requirement of secrecy in respect of polling stations
21
Notification of requirement of secrecy in respect of the count
22
Return of postal ballot papers
PART 5
The Poll
23
Admission to the polling station
24
Keeping of order in station
25
Sealing of ballot boxes
26
Questions to be put to voters and proxies
27
Challenge of voter or proxy
28
Voting procedure
29
Votes marked by presiding officer
30
Voting by persons with disabilities
31
Tendered ballot papers: circumstances where available
32
Tendered ballot papers: general provisions
33
Spoilt ballot papers
34
Correction of errors on day of poll
35
Adjournment of poll in case of riot
36
Procedure on close of poll
PART 6
Counting of Votes
37
Attendance at counting of votes
38
The count
39
Re-count
40
Rejected ballot papers
41
Decisions on ballot papers
42
Equality of votes
PART 7
Final Proceedings and Miscellaneous
43
Declaration of result
44
Sealing up of ballot papers
45
Delivery of documents to relevant registration officer
46
Orders for production of documents
47
Retention of documents
48
Countermand or abandonment of poll at election on death of candidate
PART 8
Appendix of Forms
PART 1 Citation and Interpretation
Citation
1
These Rules may be cited as the Local Government Act Referendums (Combination of Polls) Rules.
Interpretation
2
1
In these Rules —
“relevant returning or counting officer” means the returning officer or the counting officer discharging the functions under (as the case may be) —
regulation 5 of the Combination of Polls Regulations ; or
regulation 13(2);
“voter” means a person entitled to vote on his or her own behalf.
2
Subject to paragraph (1), expressions used both in these Rules and the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.
PART 2 Provisions as to Time
Timetable
3
The proceedings at the referendum shall be conducted in accordance with the following Timetable.
Timetable
Proceedings Time
Publication of notice of referendum Not later than the twenty-fifth day before the day of the referendum. Notice of poll Not later than the sixth day before the day of the referendum. Polling Between the hours of 7 in the morning and 10 at night on the day of the referendum.
Computation of time
4
In computing any period of time for the purposes of the Timetable the days mentioned in regulation 18(2)(a) to (c) shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the relevant returning or counting officer, nor the counting officer, be obliged to take any step in relation to the counting of the votes on such a day.
PART 3 General Provisions
Notice of referendum
5
1
The counting officer must publish notice of the referendum stating the date of the poll.
2
The notice of referendum must state the date by which —
a
applications to vote by post or by proxy; and
b
other applications and notices about postal or proxy voting,
must reach the registration officer in order that they may be effective for the referendum.
Poll to be taken by ballot
6
A poll must be taken at the referendum and the votes at the poll must be given by ballot.
The ballot papers
7
1
The ballot of every person entitled to a vote at the referendum must consist of a ballot paper.
2
Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).
3
Every ballot paper must —
a
be capable of being folded up;
b
have a number and other unique identifying mark printed on the back; and
c
be a different colour from the ballot papers used at any other relevant election or referendum.
The corresponding number list
8
1
Subject to paragraph (2), the relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by that person in pursuance of rule 13(1) or provided by him or her in pursuance of rule 17(1).
2
Where proceedings on the issue and receipt of postal ballot papers in the referendum are not taken together with such proceedings at one or more relevant elections and referendums, the counting officer must prepare the list mentioned in paragraph (1) in respect of all of the ballot papers to be issued by him or her in pursuance of rule 13(1).
3
The list must be in the form M1 in the Appendix or a form to like effect.
The official mark
9
1
Every ballot paper must contain an appropriate security marking (the official mark).
2
The official mark must be kept secret.
3
The counting officer may use a different official mark for different purposes at the same referendum.
Prohibition of disclosure of vote
10
No person who has voted at the referendum shall, in any legal proceeding to question the referendum, be required to state for which answer he or she has voted.
Use of schools and public rooms
11
1
The counting officer and the relevant returning or counting officer may use, free of charge, for relevant purposes —
a
a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
b
a room the expense of maintaining which is payable out of any rate.
2
That officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.
3
In paragraph (1) “relevant purposes” means —
a
in the case of the counting officer, the counting of the votes; and
b
in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 38(1).
PART 4 Action to be taken Before the Poll
Notice of Poll
12
1
The counting officer must publish notice of the poll stating —
a
the day and hours fixed for the poll; and
b
the question to be asked in the referendum.
2
The notice of the poll must be published no later than the sixth day before the date of the referendum.
3
The relevant returning or counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of —
a
the situation of each polling station; and
b
the description of persons entitled to vote there.
4
The notice published under paragraph (3) must —
a
state that the poll at the referendum is to be taken together with the poll at a relevant election or referendum;
b
specify the parliamentary constituency , local counting area, Assembly constituency, voting area or, as the case may be, the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election is held; and
c
where any of the polls are to be taken together in part of the electoral area only, specify that part.
Postal ballot papers
13
1
The relevant returning or counting officer must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.
2
The relevant returning or counting officer must also issue to those entitled to vote by post such information as he or she thinks appropriate about how to obtain —
a
translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;
b
a translation into Braille of such directions or guidance;
c
graphical representations of such directions or guidance;
d
the directions or guidance in any other form (including any audible form).
3
The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.
4
In the case of a ballot paper issued to a person at an address in the United Kingdom, the relevant returning or counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.
5
In paragraphs (1), (2) and (4) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.
Provision of polling stations
14
1
The relevant returning or counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as he or she thinks most convenient.
2
The polling stations are the polling places or polling stations (as the case may be) designated for the purposes of the election or referendum for which the relevant returning or counting officer discharges functions which are not combined functions.
3
In paragraph (2) “combined functions” means functions under regulation 5 of the Combination of Polls Regulations or regulation 13(2).
4
One or more polling stations may be provided in the same room.
5
The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.
6
The relevant returning or counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.
Appointment of presiding officers and clerks
15
1
The relevant returning or counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.
2
The relevant returning or counting officer may, if he or she thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a relevant returning or counting officer so presiding with the necessary modifications as to things to be done by the relevant returning or counting officer to the presiding officer or by the presiding officer to the relevant returning or counting officer.
3
A presiding officer may do, by the clerks appointed to assist him or her, any act (including the asking of questions) which he or she is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
Issue of official poll cards
16
1
The counting officer must as soon as practicable after the publication of the notice of referendum send to each voter and proxy an official poll card.
2
The official poll card must be sent or delivered —
a
in the case of a voter, to his or her qualifying address; and
b
in the case of a proxy, to his or her address as shown in the list of proxies.
3
The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out —
a
the name of the council and of the voting area;
b
the name of the voter, his or her qualifying address and number on the register;
c
the date and hours of the poll and the situation of the voter’s polling station;
d
such other information as the counting officer thinks appropriate,
and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.
4
In the case of a voter with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.
5
In this rule references to a voter —
a
mean a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and
b
include a person then shown in the register as below voting age if (but only if) it appears from the register that he or she will be of voting age on the day fixed for the poll.
6
If the counting officer and the returning or counting officer (as the case may be) for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.
Equipment of polling stations
17
1
The relevant returning or counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the former officer’s opinion may be necessary.
2
The same ballot box may be used for the poll at the referendum and the poll at every relevant election or referendum, if the relevant returning or counting officer thinks fit.
3
Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
4
The relevant returning or counting officer must provide each polling station with —
a
materials to enable voters and proxies to mark the ballot papers;
b
copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;
c
the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);
d
a list, in the form M2 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
5
The reference in paragraph (4)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.
6
The relevant returning or counting officer must also provide each polling station with —
a
at least one large version of each ballot paper which must be printed on the same colour paper as the corresponding ballot paper and displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and
b
a device of such description as is set out in paragraph (11) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 30(1)).
7
Where notwithstanding paragraph (2) separate ballot boxes are to be used, each ballot box must be clearly marked with —
a
the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and
b
the words “Place the [ specify colour of ballot papers in question ] ballot papers in here”.
8
A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.
9
The relevant returning or counting officer may also provide copies of the notice mentioned in paragraph (8) in Braille or translated into languages other than English as he or she considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.
10
In every compartment of every polling station there must be exhibited the following notice —
*PARLIAMENTARY ELECTION
([ Specify colour ] ballot paper)
vote for ONE candidate only
*EUROPEAN PARLIAMENTARY ELECTION
([ specify colour ] ballot paper)
vote for ONE party or individual candidate only
*[specify name of council ...] COUNCIL ELECTION
([ specify colour ] ballot paper)
*vote for no more than .... Candidates
*vote for ONE candidate only
*ELECTION OF THE MAYOR OF LONDON
([ specify colour ] ballot paper)
#[On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice]
*ELECTION OF THE LONDON ASSEMBLY
[On the constituency members ballot paper [specify colour] vote for ONE candidate only]
#[On the London members ballot paper [specify colour] vote for ONE party or individual candidate only]
*[specify name of council ...] REFERENDUM
([ specify colour ] ballot paper)
Mark a cross (X) in the box on the right hand side of the answer of your choice.
Vote ONCE only.
*[ specify other ] ELECTION/REFERENDUM
([ specify colour ] ballot paper)
# [vote for one candidate/answer only] [vote ONCE for your first choice and ONCE for your second choice]
PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT BE COUNTED
*Complete or omit as necessary.
#This wording should be used where the Greater London Returning Officer (within the meaning of the Greater London Authority Act 1999) has not supplied wording pursuant to the Greater London Authority Elections (No 2) Rules 2000 .
11
The device referred to in paragraph (6)(b) must —
a
allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;
b
hold the ballot paper firmly in place during use; and
c
provide suitable means for the voter or proxy to —
i
identify the spaces on the ballot paper on which that person may mark his or her vote;
ii
identify the registered party or individual candidate or answer to which each such space refers; and
iii
mark his or her vote on the space he or she has chosen.
Appointment of counting observers
18
1
The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).
2
Where the counting officer is not the relevant returning or counting officer, he or she must give notice in writing of the appointments of counting observers to that officer as soon as is practicable following the appointment.
3
For the purpose of assisting the counting officer in the discharge of his or her functions under paragraph (1), a petition organiser may nominate persons who in the opinion of the petition organiser are suitable for appointment as counting observers.
4
A nomination under paragraph (3) must be made by notice in writing to the counting officer not later than the fifth day before the poll (disregarding any day which is to be disregarded by virtue of rule 4) and the notice must contain the address of each nominee.
5
Subject to paragraph (6), the counting officer must not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser under paragraph (3).
6
The counting officer may limit the number of counting observers, so however that —
a
the number must be the same in the case of each petition organiser; and
b
the number allowed to a petition organiser must not (except in special circumstances) be fewer than the number obtained by dividing the number of clerks employed on the counting by the number of petition organisers.
For the purposes of the calculations required by this paragraph, a counting observer who has been appointed on the nomination of more than one petition organiser is a separate counting observer for each of the petition organisers by whom he or she has been nominated.
7
Where a counting observer appointed on the nomination of a petition organiser dies or becomes incapable of acting, the petition organiser who made the nomination may nominate another person to be appointed as a counting observer in his or her place by giving notice in writing to the counting officer.
8
Paragraphs (4) and (5) apply to a nomination under paragraph (7), with the substitution in paragraph (4) for “fifth day” of “final day”.
9
In the following provisions of these Rules references to counting observers shall be taken as references to counting observers whose appointments have been duly made.
10
Any notice required to be given by the counting officer to a counting observer appointed on the nomination of a petition organiser may be delivered at, or sent by post to, the address stated in the notice of nomination.
11
A petition organiser may do any act or thing which any counting observer is authorised to do, or may assist any counting observer appointed on his or her nomination in doing any such act or thing.
12
Where by these Rules any act or thing is required or authorised to be done in the presence of the counting observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Appointment of polling observers
19
1
The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).
2
Where the counting officer is not the relevant returning or counting officer, he or she must give notice in writing of the appointment to the relevant returning or counting officer.
3
That notice must state the names and addresses of the persons appointed and must be given not later than the fifth day (disregarding any day specified in rule 4) before the day of the poll.
4
Not more than four polling observers or polling agents, or such greater number as the relevant returning or counting officer may by notice allow, shall be permitted to attend at any particular polling station and if the number of such polling observers or agents exceeds that number, the relevant returning or counting officer must determine which polling observers or agents are permitted to attend by lot and only the polling observers and agents on whom the lot falls shall be deemed to have been duly appointed.
5
In the following provisions of these Rules references to polling observers shall be taken as references to polling observers whose appointments have been duly made.
6
Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy in respect of polling stations
20
The relevant returning or counting officer must make such arrangements as he or she thinks fit to ensure that every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act, as applied by Schedule 4 .
Notification of requirement of secrecy in respect of the count
21
The counting officer must make such arrangements as he or she thinks fit to ensure that every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of section 66 of the 1983 Act, as applied by Schedule 4.
Return of postal ballot papers
22
1
Where —
a
a postal vote has been returned in respect of a person who is entered on the postal voters list; or
b
a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,
the relevant returning or counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act .
2
In paragraph (1) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.
3
Rule 38(5) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
PART 5 The Poll
Admission to the polling station
23
1
The presiding officer must exclude all persons from the polling station except —
a
voters and proxies;
b
persons under the age of 18 who accompany voters and proxies to the polling station;
c
the polling observers appointed to attend at the polling station;
d
the clerks appointed to attend at the polling station;
e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ;
f
the constables on duty;
g
the companions of voters and proxies with disabilities;
h
the elected mayor, if any, of the council in respect of which the referendum is held;
i
any petition organiser; and
j
persons entitled to be admitted to the polling station at a relevant election or referendum with which the poll at the referendum is combined.
2
The presiding officer must regulate the total number of voters and proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
3
A constable or person employed by any returning or counting officer at any relevant election or referendum must not be admitted to vote in person elsewhere than at his or her own polling station allotted to him or her under these Rules, except on production and surrender of a certificate as to his or her employment which must be in the form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning or counting officer by whom the person is employed, as the case may be.
4
Any certificate surrendered under this rule must forthwith be cancelled.
Keeping of order in station
24
1
It is the presiding officer’s duty to keep order at his or her polling station.
2
If a person misconducts himself or herself in a polling station, or fails to obey the presiding officer’s lawful orders, that person may immediately, by the presiding officer’s order, be removed from the polling station —
a
by a constable in or near that station; or
b
by any other person authorised in writing by the relevant returning or counting officer to remove him or her,
and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.
3
Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
4
The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Sealing of ballot boxes
25
Immediately before the commencement of the poll, the presiding officer must show the ballot box is empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place his or her seal on it in such a manner as to prevent its being opened without breaking the seal and must place it in his or her view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).
Questions to be put to voters and proxies
26
1
At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table —
a
may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column; and
b
must be put if the letter “R” appears after the question and a petition organiser or a polling observer requires the question to be put:
Q no Person applying for ballot paper Question
1 A person applying as a voter
— Are you the person registered in the register of local government electors for this voting area as follows?
(read the whole entry from the register) [R]
— Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2 A person applying as proxy
— Are you the person whose name appears as AB in the list of proxies for this voting area as entitled to vote as proxy on behalf of CD? [R]
— Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R]
— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD? [R]
3 A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2)
— Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is ( read out the number )? [R]
— Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is ( read out the number )? [R]
— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is ( read out the number )? [R]
4 A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative Have you already voted at this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R] 5 A person applying as a voter in relation to whom there is an entry in the postal voters list
— Did you apply to vote by post?
— Why have you not voted by post?
6 A person applying as proxy who is named in the proxy postal voters list
— Did you apply to vote by post as proxy?
— Why have you not voted by post as proxy?
2
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.
3
A ballot paper must not be delivered to any person required to answer any of the above questions unless that person has answered each question satisfactorily.
4
Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter or proxy
27
A person must not be prevented from voting by reason only that —
a
any petition organiser or polling observer permitted to be present in accordance with rule 23(1) declares that he or she has reasonable cause to believe that the person has committed an offence of personation; or
b
the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.
Voting procedure
28
1
A ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery —
a
the number and (unless paragraph (2) applies) name of the voter as stated in the copy of the register of electors must be called out;
b
the number of the voter as stated in the register must be marked on the list mentioned in rule 17(4)(d) beside the number of the ballot paper to be issued to him or her;
c
a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and
d
in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his or her name in the list of proxies.
2
In the case of a voter who has an anonymous entry, that person must show the presiding officer his or her official poll card and only his or her number shall be called out in pursuance of paragraph (1)(a).
3
In the case of a voter or proxy who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act , paragraph (1) is modified as follows —
a
in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;
b
in sub-paragraph (b), for “in the register” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;
c
in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.
4
The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his or her paper and fold it up so as to conceal his or her vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.
5
The voter or proxy must vote without undue delay, and must leave the polling station as soon as he or she has put his or her ballot paper into the ballot box.
6
The same copy of the register of electors which is used under paragraph (1) for the referendum or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and —
a
one mark may be placed in that copy of the register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election or referendum; but
b
where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each election or referendum in respect of which a ballot paper was issued.
Votes marked by presiding officer
29
1
The presiding officer, on the application of a voter or proxy —
a
who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or
b
who declares orally that he or she is unable to read,
must, in the presence of the polling observers (if any), cause that person’s vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.
2
The name and number on the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).
3
In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.
4
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “on the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
5
The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.
Voting by persons with disabilities
30
1
If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of —
a
blindness or other disability; or
b
inability to read,
to vote with the assistance of another person by whom he or she is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he or she is so incapacitated by his or her blindness or other disability, or by his or her inability to read, as to be unable to vote without assistance.
2
If the presiding officer —
a
is satisfied that the voter or proxy is so incapacitated; and
b
is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion —
i
is a qualified person within the meaning of this rule; and
ii
has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,
the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.
3
For the purposes of these Rules, a person is a voter or proxy with disabilities if he or she has made such a declaration as is mentioned in paragraph (1), and a person shall be qualified to assist a voter or proxy with disabilities to vote if that person —
a
is a person who is entitled to vote on his or her own behalf at the referendum; or
b
is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter or proxy and has attained the age of 18 years.
4
The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters and proxies with disabilities assisted by companions”).
In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.
5
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
6
The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.
7
The declaration made by the companion of a voter or proxy with disabilities —
a
must be in the form in the Appendix;
b
must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion; and
c
must forthwith be given to the presiding officer who must attest and retain it.
8
No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers: circumstances where available
31
1
If a person, representing himself or herself to be —
a
a particular voter named on the register and not named in the absent voters list; or
b
a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
2
Paragraph (4) applies if —
a
a person applies for a ballot paper representing himself or herself to be a particular voter named on the register;
b
he or she is also named in the postal voters list; and
c
he or she claims that he or she did not make an application to vote by post.
3
Paragraph (4) also applies if —
a
a person applies for a ballot paper representing himself or herself to be a particular person named as a proxy in the list of proxies;
b
he or she is also named in the proxy postal voters list; and
c
he or she claims that he or she did not make an application to vote by post as proxy.
4
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
5
Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself or herself to be —
a
a particular voter named on the register who is also named in the postal voters list; or
b
a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he or she has lost or has not received his or her postal ballot paper.
6
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
Tendered ballot papers: general provisions
32
1
A tendered ballot paper must —
a
be of a colour differing from that of the other ballot papers;
b
instead of being put into the ballot box, be given to the presiding officer and endorsed by him or her with the name of the person who has marked a tendered ballot paper and that person’s number in the register of electors, and set aside in a separate packet.
2
The name of the person who has marked a tendered ballot paper and his or her number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
3
The same list may be used for the referendum and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.
4
In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy’s name shall be the number in the register of the voter.
5
In the case of a voter who has an anonymous entry, this rule and rule 31 apply subject to the following modifications —
a
in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper shall be ignored;
b
otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears on the register or list (as the case may be).
6
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 31 shall apply as if —
a
in rule 31(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;
b
in paragraph (1)(b) of this rule, for “that person’s number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;
c
in paragraph (2) of this rule, for “his or her number in the register of electors” there were substituted “the number relating to him or her on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
Spoilt ballot papers
33
A voter or proxy who has inadvertently dealt with his or her ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his or her satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
Correction of errors on day of poll
34
1
The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
2
The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.
Adjournment of poll in case of riot
35
1
Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the relevant returning or counting officer.
2
Where the poll is adjourned at any polling station —
a
the hours of polling on the day to which it is adjourned must be the same as for the original day; and
b
references in these Rules to the close of the poll shall be construed accordingly.
Procedure on close of poll
36
1
As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers appointed for the purposes of the referendum and the polling agents or observers appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his or her own seal and the seals of such polling observers and agents as desire to affix their seals —
a
each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;
b
the unused and spoilt ballot papers placed together;
c
the tendered ballot papers;
d
the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;
e
the lists prepared under rule 8 including the parts which were completed in accordance with rule 28(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);
f
the certificates as to employment on duty on the day of the poll;
g
the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 34 (correction of errors on day of poll) and the declarations made by the companions of voters and proxies with disabilities,
and must deliver the packets or cause them to be delivered to the relevant returning or counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the relevant returning or counting officer, the arrangements for their delivery shall require that officer’s approval.
2
The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (4) be so combined.
3
The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.
4
The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.
PART 6 Counting of Votes
Attendance at counting of votes
37
1
Where the counting officer at the referendum is the relevant returning or counting officer, he or she must —
a
make arrangements for —
i
discharging the functions under rule 38(1) in the presence of the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll; and
ii
thereafter counting the votes at the referendum in the presence of the counting observers appointed for the purpose of that referendum; and
b
give to the counting observers appointed for the purposes of the referendum and the election agents and counting agents or observers appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he or she will begin to discharge the functions under rule 38(1).
2
Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must —
a
make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the delivery of the ballot papers to him or her by the relevant returning or counting officer; and
b
give to the counting observers notice in writing of the time after which he or she will begin to count the votes if by then he or she has received the ballot papers and of the place at which that count will take place.
3
No person other than —
a
the counting officer and his or her clerks;
b
the counting observers;
c
the elected mayor, if any, of the council in respect of which the referendum is held;
d
the petition organisers; and
e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,
may be present at the counting of the votes, unless permitted by the counting officer to attend.
4
No person other than a person entitled to be present at the counting of the votes at the referendum under paragraphs (4) to (13) of rule 38 or at a relevant election or referendum may be present at the proceedings under rule 38(1) unless permitted by the relevant returning or counting officer to attend.
5
A person not entitled to attend at —
a
the proceedings under rule 38(1); or
b
the counting of the votes,
must not be permitted to do so by, respectively, the relevant returning or counting officer or the counting officer unless he or she is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded.
6
The —
a
relevant returning or counting officer, in respect of proceedings under rule 38(1); and
b
counting officer, in respect of the counting of votes,
must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he or she can give them consistently with the orderly conduct of the proceedings and the discharge of his or her duties in connection with them.
7
In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
The count
38
1
Where the counting officer at the referendum is the relevant returning or counting officer, he or she must —
a
in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of the poll at each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election;
b
in the presence of the counting observers appointed for the purposes of the poll at the referendum and the election agents and counting agents or observers appointed for the purposes of each relevant election or referendum, verify each ballot paper account;
c
count such of the postal ballot papers as have been duly returned and record separately the number counted at the referendum and each relevant election or referendum;
d
separate the ballot papers relating to the referendum from the ballot papers relating to each relevant election or referendum;
e
make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate;
f
deliver or cause to be delivered to the returning or counting officer for the relevant election or referendum to which the ballot papers relate —
i
those containers, together with a list of them and of the contents of each; and
ii
the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and
g
at the same time deliver or cause to be delivered to that officer packets that so relate containing —
i
the unused and spoilt ballot papers;
ii
the tendered ballot papers; and
iii
the certificates as to employment on duty on the day of the poll.
2
Where separate ballot boxes are used, no vote for any candidate or answer shall be rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.
3
After completion of the proceedings under paragraph (1), the counting officer must mix together all of the ballot papers used at the referendum and count the votes given on them.
4
Where the counting officer at the referendum is not the relevant returning or counting officer, he or she must —
a
on receipt of containers from the relevant returning or counting officer, and after the time specified in the notice given under rule 37(2)(b), in the presence of the counting observers open each container;
b
where the proceedings on the issue and receipt of postal ballot papers are not taken together with such proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001 , or under that regulation as applied by these Regulations or by regulations made under sections 44 and 105 of the Local Government Act 2000, count such of the postal ballot papers as have been duly returned and record the number counted; and
c
mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,
and paragraph (11) shall not apply to these proceedings.
5
A postal ballot paper must not be taken to be duly returned unless —
a
it is returned in the manner set out in paragraph (6) and reaches the relevant returning or counting officer or any polling station in the appropriate electoral area (as defined in paragraph (7)) before the close of the poll;
b
the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches the counting officer or such a polling station before that time;
c
the postal voting statement also states the date of birth of the voter or proxy; and
d
in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act , the relevant returning or counting officer (having taken such steps) verifies that date of birth and that signature.
6
The manner in which any postal ballot paper or postal voting statement may be returned —
a
to the relevant returning or counting officer, is by hand or by post;
b
to a polling station, is by hand.
7
The appropriate electoral area in respect of any voter or proxy shall be —
a
the area which is common to the parliamentary constituency , electoral area, local counting area, local authority area or voting area (as the case may be) in which the polls at the referendum and any relevant election or referendum are being taken together; and
b
in respect of which polls the voter or proxy has been issued with a postal ballot paper.
8
In paragraphs (5)(a) and (d) and (6)(a) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.
9
The counting officer must not count any tendered ballot papers.
10
The —
a
relevant returning or counting officer, in respect of the proceedings under paragraph (1); and
b
the counting officer, while counting the votes,
must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.
11
The relevant returning or counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him or her, and the unused and spoilt ballot papers in his or her possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.
12
The —
a
relevant returning or counting officer, in respect of the proceedings under paragraph (1); and
b
counting officer, in respect of the counting of the votes,
must so far as practicable proceed continuously, allowing only time for refreshment, except that they may exclude the hours between 7 in the evening and 9 on the following morning.
13
During the time so excluded the relevant returning or counting officer or counting officer (as the case may be) must —
a
place the ballot papers and other documents relating to the referendum under his or her own seal and the seals of such of the counting observers as desire to affix their seals; and
b
otherwise take proper precautions for the security of the papers and documents.
Re-count
39
1
A petition organiser, if present when the counting or any re-count of the votes is completed, may require the counting officer to have the votes re-counted or again re-counted, but the counting officer may refuse to do so if in his or her opinion the request is unreasonable.
2
No step shall be taken on the completion of the counting or any re-count of votes until such petition organisers as are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Rejected ballot papers
40
1
Any ballot paper —
a
which does not bear the official mark; or
b
on which votes are given for more than one answer; or
c
on which anything is written or marked by which the voter or proxy can be identified except the printed number on the back and other unique identifying mark; or
d
which is unmarked or void for uncertainty,
shall, subject to paragraph (2), be void and not counted.
2
A ballot paper on which the vote is marked —
a
elsewhere than in the proper place; or
b
otherwise than by means of a cross; or
c
by more than one mark,
shall not for such reason be deemed to be void if an intention that the vote shall be for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that he or she can be identified by it.
3
The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer’s decision.
4
The counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of —
a
want of official mark;
b
voting for more than one answer;
c
writing or mark by which the voter or proxy could be identified;
d
unmarked or void for uncertainty.
Decisions on ballot papers
41
The decision of the counting officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.
Equality of votes
42
Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers the counting officer must forthwith decide the referendum by lot.
PART 7 Final Proceedings and Miscellaneous
Declaration of result
43
When the result of the poll has been ascertained, the counting officer must forthwith —
a
declare the result of the referendum;
b
inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum;
c
give public notice of —
i
the result of the referendum;
ii
the number of ballot papers counted;
iii
the total number of votes cast for each answer; and
iv
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
Sealing up of ballot papers
44
1
On the completion of the counting at a referendum, the counting officer must seal up in separate packets the counted and rejected ballot papers.
2
The counting officer must not open the sealed packets of —
a
tendered ballot papers; or
b
certificates as to employment on duty on the day of the poll.
3
The relevant returning or counting officer must not open the sealed packets of —
a
the completed corresponding number lists; or
b
the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
Delivery of documents to relevant registration officer
45
1
Where the counting officer is the relevant returning or counting officer, he or she must then forward to the relevant registration officer the following documents —
a
the packets of ballot papers in the counting officer’s possession;
b
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;
c
the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 34, and the declarations made by the companions of voters and proxies with disabilities;
d
the packets of the completed corresponding number lists;
e
the packets of certificates as to employment on duty on the day of the poll; and
f
the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,
endorsing on each packet a description of its contents, the date of the referendum to which they relate and the name of the local authority by which or in respect of which the referendum was held.
2
Where the counting officer at the referendum is not the relevant returning or counting officer, paragraph (1) has effect as if sub-paragraphs (c), (d) and (f) were omitted.
3
In this rule and in rules 46 and 47 references to the relevant registration officer are to —
a
the registration officer of the local authority by or in respect of which the referendum is held;
b
if the electoral area of the relevant election or referendum comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered,
and for these purposes “local authority” does not include the Greater London Authority.
Orders for production of documents
46
1
An order —
a
for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or
b
for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the relevant registration officer’s custody,
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a referendum petition.
2
An order for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.
3
An order under this rule may be made subject to such conditions as to —
a
persons;
b
time;
c
place and mode of inspection;
d
production or opening,
as the court making the order may think expedient.
4
In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved —
a
that that person’s vote was given; and
b
that the vote has been declared by a competent court to be invalid.
5
An appeal lies to the High Court from any order of a county court under this rule.
6
Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
7
Where an order is made for the production by the relevant registration officer of any document in his or her possession relating to any specified referendum —
a
the production by the relevant registration officer or his or her agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified referendum; and
b
any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
8
The production from proper custody of —
a
a ballot paper purporting to have been used at any referendum; and
b
a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
shall be prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
9
Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.
Retention of documents
47
The relevant registration officer must retain for one year all documents relating to a referendum forwarded to him or her in pursuance of these Rules by the relevant returning or counting officer and the counting officer and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.
Countermand or abandonment of poll at election on death of candidate
48
Where at a contested election the notice of poll is countermanded, or the polling is abandoned, due to the death of a candidate, the polling at the referendum shall not be affected.
PART 8 Appendix of Forms
Note: — The forms contained in this Appendix may be adapted so far as circumstances require.
Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 4 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 5 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 6 of Schedule 1
Corresponding Number List M1
Corresponding Number List M2
Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)
Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)
Official Poll Card (to be sent to a voter voting in person)
Official Postal Poll Card (to be sent to a voter voting by post)
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
Form of directions for the guidance of the voters and proxies in voting
Form of Certificate of Employment
Form of declaration to be made by the companion of a voter or proxy with disabilities
SCHEDULE 6
Application, with further modifications, of the Representation of the People Act 1983 in relation to referendum petitions
Regulation 15
(1) Provision (2) Further modifications
Section 128 (presentation of petition questioning local election)
In subsection (1) —
for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”, and
omit “either” and the words from “, or by a person” to the end.
In subsection (2), for the words from the beginning to “any” substitute “Any”.
Section 129 (time for presentation or amendment of petition questioning local election)
In subsection (1) for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
In subsection (2)(b) for “a candidate elected at the election” substitute “any person”.
In subsection (3)(b) for “the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent” substitute “any person”.
Omit subsections (4) and (5).
For subsection (7) substitute —
7
Subsections (3) and (6) apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice.
Omit subsection (9).
Section 130 (election court for local election in England and Wales, and place of trial)
In subsection (1) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
In subsection (3)(a) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
Section 131 (accommodation of and attendance on court) Section 132 (remuneration and allowances) Section 133 (repayments under section 131 and 132) Section 136 (security for costs) In subsection (2)(b) for “petition questioning an election under the local government Act” substitute “referendum petition within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”. Section 137 (petition at issue) Section 138 (list of petitions)
In subsection (1)(a) for “all election petitions” substitute “all referendum petitions within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.
In subsection (3) for the words from the beginning to “candidates” substitute “Two or more persons”.
In subsection (4) —
for “the same election or to elections under the local government Act” substitute “the same referendum or referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”, and
for “the election list”, in both places, substitute “the list made out under subsection (1)”.
Section 139 (trial of petition)
In subsection (1) omit “, in the case of a parliamentary election petition, 14 days and in any other case,”.
Omit subsection (3).
For subsection (5) substitute —
5
On the trial of a petition, the respondent may give evidence in the same manner as if he or she had presented a petition against the referendum.
For subsection (6) substitute —
6
Where the petition relates to a referendum as regards which, by reason of an equality of votes found at the count, the result was determined by lot, that determination is to be effective also for the purposes of the petition unless subsection (6A) applies.
6A
This subsection applies where the court disallows any vote cast in the referendum; and in any such case —
a
the determination referred to in subsection (6) is to have no effect, and
b
the court is to declare the result of the referendum.
6B
Where —
a
the petition relates to a referendum at which no equality of votes was found at the count, and
b
the court —
i
disallows any vote cast in the referendum, and
ii
determines that an equality of votes was cast in the referendum,
the result of the referendum is to be determined by the court by lot.
Section 140 (witnesses) Section 141 (duty to answer relevant questions) Section 143 (expenses of witnesses) Section 145 (conclusion of trial of local election petition)
For subsection (1) substitute —
1
At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 the election court is to determine —
a
in the case of a petition presented on the ground mentioned in regulation 15(1)(a) of those Regulations, whether the result of the referendum was or was not in accordance with the votes cast in the referendum,
b
in the case of a petition presented on the ground mentioned in regulation 15(1)(b) or (c) of those Regulations, whether the referendum was void.
For subsection (1A) substitute —
1A
Following a determination under subsection (1)(a), the election court must, as the circumstances require, confirm or reverse the result of the referendum.
In subsection (3) —
for “sections 158 and” substitute “section”, and
for the words from “for which” to the end substitute “by which or in respect of which the referendum was held”.
In subsection (6) for “for which the election was held” substitute “by which or in respect of which the referendum was held”.
Section 146 (special case for determination of High Court)
Omit subsection (2).
In subsection (3) for the words from the beginning to “local government Act” substitute —
3
In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (England) Regulations 2012,
.
Section 147 (withdrawal of petition) Section 154 (costs of petition) Section 155 (neglect or refusal to pay costs) Section 156 (further provision as to costs) Section 157 (appeals and jurisdiction) Omit subsection (4). Section 160(1) and (3) (persons reported personally guilty of corrupt practices) Omit subsection (1)(b). Section 161 (Justices of the Peace) Section 162 (member of legal and certain other professions) Section 163 (holder of licence or certificate under Licensing Acts) Section 164(1) and (2) (avoidance of election for general corruption etc)
In subsection (1) —
for “election”, in the first two places where that words appears, substitute “referendum”,
for “the election of any person at that election” substitute “a particular outcome in relation to the question asked in the referendum”, and
for paragraphs (a) and (b) substitute “, the referendum, if that outcome was achieved, is void”.
In subsection (2) for “An election” substitute “A referendum”.
Section 167 (application for relief) Section 180 (evidence by certificate of holding of election) Omit sub-paragraph (ii) and the word immediately preceding it. Section 183 (costs) Section 184 (service of notices) Section 185 (interpretation of Part 3)
SCHEDULE 7
Modifications of the Election Petition Rules 1960
Regulation 15
(1) Provision modified (2) Modification
Rule 2(2)
After the definition of “the Act” insert —
“the 2012 Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
.
After the definition of “local election petition” insert —
“referendum petition” means a petition under the 2012 Regulations;
.
In the definition of “petition” insert at the end “or a referendum petition”.
For the definition of “constituency” substitute —
“constituency” in relation to —
a local election petition, means the local government area to which the petition relates;
a referendum petition, means the local government area in which the referendum is held;
.
After the definition of “returning officer” insert “and, in relation to a referendum petition, any reference to a provision of the Act must be construed as a reference to that provision as applied by the 2012 Regulations.”
Rule 2(3) After “local government Act” insert “and referendums under the 2012 Regulations”. Rule 4(1)
Omit sub-paragraph (a).
For sub-paragraph (b) substitute —
b
the date and result of the referendum to which the petition relates;
.
In sub-paragraph (c) for the words from “petition” to “the Act” substitute “referendum petition”.
Rule 10 Omit. Rule 12(3) For “the election” substitute “the referendum”. Rule 14(2) For “the election may” substitute “the referendum may”. Rule 16(3) For “the election may” substitute “the referendum may”. Rule 18 After “local election petition” insert “or a referendum petition”. The Schedule
For “a Parliamentary (or Local Government) Election for ( state place ) ........” substitute “a referendum in ( state area )”.
In paragraph 1 —
for “election”, in the first place where that word occurs, substitute “referendum”,
omit “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.
For paragraph 2 substitute —
2
That referendum was held on the [insert day] day of [insert month] [insert year]
.
In paragraph 4 omit “in the case of a petition mentioned in section 122(2) or (3) or”.
For paragraph (1) of the Prayer substitute —
1
That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]* [that the referendum is tainted as mentioned in regulation 17(5) of the 2012 Regulations]*.
* Include or omit as the circumstances require. |
The Product Safety Amendment and Revocation Regulations 2012
In accordance with section 11(5) of that Act the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations and such other persons as he considers appropriate.
Citation and Commencement
1
These Regulations may be cited as the Product Safety Amendment and Revocation Regulations 2012 and come into force on 6th April 2013.
Amendment
2
For Regulation 15 of the Pyrotechnic Articles (Safety) Regulations 2010 substitute —
15
1
No person shall supply —
a
a Christmas cracker to any person under the age of twelve years;
b
any other category 1 firework to any person under the age of sixteen years.
2
No person shall supply a category 2 or 3 firework to any person under the age of eighteen years.
3
In this Regulation —
“Christmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube; and
“snap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand.
.
Revocation
3
The Pencils and Graphic Instruments (Safety) Regulations 1998 are revoked.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
24th November 2012 |
The British Waterways Board (Tax Consequences) Order 2012
Citation and commencement
1
This Order may be cited as the British Waterways Board (Tax Consequences) Order 2012 and comes into force at 3.30 p.m. on 2nd July 2012.
Interpretation
2
In this Order —
“ TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 ;
“ CAA 2001 ” means the Capital Allowances Act 2001 ;
“ CTA 2009 ” means the Corporation Tax Act 2009 ;
“ BWB ” means the British Waterways Board;
“ CRT ” means the Canal & River Trust, company registration number 07807276;
“ CRT CIC ” means the Canal & River Trading CIC, company registration number 08069602;
“relevant transfer” means —
a transfer of property, rights and liabilities from BWB to CRT, or
a transfer of property, rights and liabilities from BWB to CRT CIC,
by, or under, the British Waterways Board Transfer Scheme 2012.
Capital allowances: transfer of a trade
3
1
This article applies where BWB is carrying on a trade and, as a result of a relevant transfer —
a
BWB ceases to carry on that trade, and
b
CRT or CRT CIC begins to carry on that trade.
2
For the purposes of the allowances and charges provided for by CAA 2001, the trade is not to be treated as permanently discontinued, nor a new trade as set up; but paragraphs (3) and (4) are to apply.
3
There are to be made to or on CRT, or CRT CIC, in accordance with CAA 2001, all such allowances and charges as would, if BWB had continued to carry on the trade, have fallen to be made to or on BWB.
4
The amounts of those allowances and charges are to be computed as if —
a
CRT or CRT CIC had been carrying on the trade since BWB began to do so, and
b
everything done to or by BWB had been done to or by CRT or CRT CIC,
but so that a relevant transfer, so far it relates to assets in use for the purposes of the trade, is not treated as giving rise to an allowance or charge.
Capital allowances: transfer involving part of a trade
4
1
Where BWB is carrying on a trade and, as a result of a relevant transfer —
a
BWB ceases to carry on that trade, and
b
CRT or CRT CIC begins to carry on activities of that trade as part of a trade carried on by it,
then that part of the trade carried on by CRT, or CRT CIC, is treated for the purposes of article 3 as a separate trade.
2
Where BWB is carrying on a trade and, as a result of a relevant transfer —
a
BWB ceases to carry on a part of that trade, and
b
CRT or CRT CIC begins to carry on activities of that part of that trade,
then BWB is treated for the purposes of article 3 and paragraph (1) as having carried on that part of its trade as a separate trade.
3
Where activities fall to be treated under this article as a separate trade, such apportionments of receipts, expenses, assets and liabilities are to be made for the purposes of CAA 2001 as may be just and reasonable.
Chargeable gains: no gain or loss on disposal
5
1
For the purposes of TCGA 1992, a disposal constituted by a relevant transfer is to be treated in relation to BWB and CRT, or CRT CIC, as made for a consideration such that no gain or loss accrues to BWB.
2
For the purposes of any tax provision, paragraph (1) is to be treated as one of the no gain/no loss provisions in section 288(3A) of TCGA 1992 (meaning of “the no gain/no loss provisions”).
Corporation tax: computation of profits and losses in respect of transfer of trade
6
1
This article applies where BWB is carrying on a trade or part of a trade and, as a result of a relevant transfer —
a
BWB ceases to carry on that trade or part of a trade, and
b
CRT or CRT CIC begins to carry on that trade or part.
2
For the purposes of computing, in relation to the time when a relevant transfer takes effect and at subsequent times, the relevant trading profits or losses of BWB and CRT, or CRT CIC, —
a
the trade or part is to be treated as having been a separate trade at the time of its commencement and as having been carried on by CRT or CRT CIC at all times since its commencement as a separate trade, and
b
the trade carried on by CRT or CRT CIC after the time when a relevant transfer takes effect is to be treated as the same trade as that which CRT or CRT CIC is treated, by virtue of sub-paragraph (a), as having carried on as a separate trade before that time.
3
Where a trade or part of a trade falls to be treated under this article as a separate trade, such apportionments of receipts, expenses, assets, and liabilities are to be made for the purposes of computing relevant trading profits or losses as may be just and reasonable.
4
In this article “relevant trading profits or losses” means profits or losses under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.
Corporation tax: loan relationships
7
1
For the purposes of Part 5 of CTA 2009 (loan relationships), in relation to a relevant transfer, BWB and CRT, or CRT CIC, are to be treated as if, for the purposes of the transfer, they were members of the same group.
2
In paragraph (1) the reference to being members of the same group is to be read in accordance with section 335(6) of that Act.
Stamp duty
8
Stamp duty is not chargeable on an instrument making or executing a relevant transfer.
Stamp duty land tax
9
1
A land transaction entered into on, or in consequence of, or in connection with, a relevant transfer is exempt from the charge to stamp duty land tax.
2
Where in the case of a transaction (“the relevant transaction”) that is exempt by virtue of paragraph (1) (“the exemption”) —
a
a disqualifying event occurs —
i
before the end of the period of three years beginning with the effective date of the relevant transaction, or
ii
in pursuance of, or in connection with, arrangements made before the end of that period,
and
b
at the time of the disqualifying event CRT, or CRT CIC, holds a chargeable interest —
i
that was acquired by CRT, or CRT CIC, under the relevant transaction, or
ii
that is derived from such an interest so acquired,
the exemption in relation to the relevant transaction is withdrawn in whole, or in an appropriate proportion in the case of CRT where applicable, and tax is chargeable in accordance with paragraph (3).
3
The amount chargeable is the amount —
a
that would have been chargeable on CRT or CRT CIC in respect of the relevant transaction but for the exemption, or
b
in the case of CRT where applicable, an appropriate proportion of the tax that would have been so chargeable.
4
For the purposes of paragraph (2) a “disqualifying event” means —
a
for a relevant transaction involving either CRT or CRT CIC —
i
CRT ceasing to be established for charitable purposes only, or
ii
the subject matter of the relevant transaction, or any interest or right derived from it, being used or held by CRT otherwise than for qualifying charitable purposes;
b
for a relevant transaction involving CRT CIC, it ceasing to be a wholly-owned subsidiary of CRT.
5
For the purposes of sub-paragraph (a) of paragraph (2) “effective date” has the same meaning as in section 119 of the Finance Act 2003 .
6
For the purposes of this article —
a
“appropriate proportion” means an appropriate proportion having regard to —
i
what was acquired by CRT under the relevant transaction and what is held by CRT at the time of the disqualifying event, and
ii
the extent to which what is held by CRT at that time becomes used or held for purposes other than qualifying charitable purposes;
b
“qualifying charitable purposes” has the same meaning as in paragraph 1(2) of Schedule 8 to the Finance Act 2003 and references to “purchaser” are to be read as references to CRT.
James Duddridge
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
12 noon on 2nd July 2012 |
The Income Tax (Entertainers and Sportsmen) (Amendment) Regulations 2012
The Treasury, in exercise of the powers conferred by sections 967(1), 969(2) and 970(5) of the Income Tax Act 2007 , make the following Regulations.
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Entertainers and Sportsmen) (Amendment) Regulations 2012.
2
These Regulations come into force on 1st July 2012 and have effect in relation to a payment or transfer made on or after that date.
Amendments to the Income Tax (Entertainers and Sportsmen) Regulations 1987
2
1
The Income Tax (Entertainers and Sportsmen) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “relevant activity” insert —
“the relevant amount” means the amount of the personal allowance in section 35(1) of the Income Tax Act 2007 which applies for the tax year in which the payment or transfer is made;
.
3
In paragraph (3) of regulation 4 (tax payments — rules for calculation) for “£1,000” in each place where it appears substitute “the relevant amount”.
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 2012 |
The Export Control (Syria and Burma Sanctions Amendment) and Miscellaneous Revocations Order 2012
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002 , makes the following Order.
PART I INTRODUCTORY
Citation, commencement and interpretation
1
This Order may be cited as the Export Control (Syria and Burma Sanctions Amendment) and Miscellaneous Revocations Order 2012 and comes into force on 6th September 2012.
Revocations
2
The following instruments are revoked —
a
The Export of Goods (Control) (Bosnia-Herzegovina) ( ECSC ) (Revocation) Order 1993 ,
b
The Export of Goods (Control) (Haiti) (Revocation) Order 1993 , and
c
The Export of Goods (Federal Republic of Yugoslavia) (Control) (Revocation) Order 2002 .
PART II AMENDMENTS TO THE SYRIA ORDER
3
The Export Control (Syria Sanctions) and (Miscellaneous Amendments) Order 2012 —
a
in article 3(1) —
i
in the definition of “ EU authorisation” for “Articles 2(3), 3(2), 4(1) or 5” substitute “Articles 2(3), 2a(2), 2b, 3(2) to (4), 4(1) or 5”;
ii
for the definition of “the Syria Regulation” substitute —
“the Syria Regulation” means Council Regulation (EU) No 36/2012 as last amended by Council Regulation (EU) No 509/2012 and Council Regulation (EU) No 545/2012 concerning restrictive measures in view of the situation in Syria, and a reference to an Annex to that Regulation is to be construed as a reference to that Annex as amended from time to time.
.
b
for article 4 substitute —
Offences related to equipment and goods and technology listed in Annex I, IA, and IX or in the Common Military List of the European Union
4
1
A person who is knowingly concerned in an activity, other than the export of goods, prohibited by any of the following Articles of the Syria Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested —
a
Article 2(1)(a) (prohibition on sale etc. of equipment listed in Annex I to any person, entity or body in Syria, or for use in Syria);
b
Article 2a(1)(a) (prohibition on sale etc. of equipment, goods or technology which might be used for internal repression as listed in Annex I to any person, entity or body in Syria or for use in Syria);.
c
Article 3(1)(a) (prohibition on provision of technical assistance related to the goods and technology listed in the Common Military List of the European Union to any person, entity or body in Syria, or for use in Syria);
d
Article 3(1)(b) (prohibition on provision of technical assistance or brokering services related to equipment, goods or technology which might be used for internal repression listed in Annex I or IA to any person, entity or body in Syria, or for use in Syria);
e
Article 3(1)(c) (prohibition on provision of financing or financial assistance related to goods and technology in the Common Military List of the European Union or listed in Annex I or IA to any person, entity or body in Syria, or for use in Syria).
2
A person commits an offence and may be arrested if that person —
a
is concerned in an activity, except by exporting goods and technology, for which authorisation is required by Article 2b of the Syria Regulation (authorisation required for sale, etc. of goods and technology listed in Annex IX, to any person, entity or body in Syria or for use in Syria);
b
does not have the required authorisation; and
c
is knowingly concerned in that activity with intent to evade a prohibition in that Article.
3
A person commits an offence and may be arrested if that person —
a
is concerned in an activity for which authorisation is required by Article 3(4) of the Syria Regulation (authorisation required for the provision of technical assistance, financing or financial assistance related to the goods listed in Annex IX, to any person, entity or body in Syria or for use in Syria);
b
does not have the required authorisation; and
c
is knowingly concerned in that activity with intent to evade a prohibition in that Article.
.
c
after article 10 insert —
Offences related to the movement of luxury goods to Syria
10A
A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 11b of the Syria Regulation (prohibition on sale, etc. of luxury goods as listed in Annex X to Syria) with intent to evade the prohibitions in that Article commits an offence and may be arrested.
.
d
in article 13 —
i
in paragraph (1)(a), after “2(1)(a)” insert “, 2a(1)(a), 2b” and after “11a(1)(a)” insert “, 11b (1)(a)”; and
ii
in paragraph 2(a), after “3(1)(a) to (c)” insert “or (4)”.
e
in article 14 —
i
in paragraph (1), for “articles 4(a) or 5(a), 7(a), 8, 9(a), 10(a) or 13(1)” substitute “articles 4(1)(a), (b) or (2), 5(a), 7(a), 8, 9(a), 10(a), 10A or 13(1)”;
ii
in paragraph (3), for “articles 4(b) to (d)” substitute “articles 4(1)(c) to (e) or (3)”; and
iii
in paragraph (4), for “Articles 2(1)(a), 4(1), 8(1), 11, 11a(1)(a) and 12(1)(a)” substitute “articles 2(1)(a), 2a(1)(a), 2b, 4(1), 8(1), 11, 11a(1)(a), 11b(1)(a) or 12(1)(a).”.
PART III AMENDMENTS AND MODIFICATIONS TO THE BURMA ORDER
4
1
The Export Control (Burma) Order 2008 (“the Burma Order”) is amended as follows —
a
in article 1, for the definition of “the Regulation” substitute —
“the Regulation” means Council Regulation (EC) No 194/2008 as last amended by Council Regulation (EU) No 409/2012 renewing and strengthening the restrictive measures in respect of Burma/Myanmar.
.
b
after article 12 insert —
Review
13
1
The Secretary of State must from time to time —
a
carry out a review of articles 1 to 11 of this Order,
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 the rules on penalties applicable to infringements of the provisions of the Regulation and the measures taken to implement them in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Regulation established by this Order and the measures taken to implement them,
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 Order must be published before the end of the period of five years beginning with the day in which this article comes into force.
5
Reports under this Order are afterwards to be published at intervals not exceeding five years.
.
2
The following provisions of the Burma Order cease to have effect to the extent specified as from the date when this Order comes into force and until 30 April 2013 —
a
Articles 2, 4, 6(1)(c) and 8;
b
Articles 6(2) and 7 insofar as they refer to Article 7(3) of the Regulation;
c
Article 9 insofar as it relates to authorisations under Articles 2(5), 5(3), 8(2) and 9(2) of the Regulation;
d
Article 10 insofar as it refers to articles 2,4,6(1)(c) and 8 of the Burma Order or to offences in articles 6(2) or 7 of that Order which relate to Article 7(3) of the Regulation;
e
Article 11(2) insofar as it refers to Articles 2, 5, 7(3) or 8 of the Regulation.
3
A reference in paragraph (2) to “the Regulation” is a reference to the Regulation as defined in article 1 of the Burma Order.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
15th August 2012 |
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2012
In accordance with section 173(1)(b) of the Social Security Administration Act 1992 , the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2012.
2
They come into force on 5th November 2012.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “the Contributions and Benefits Act”, insert —
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 2001 ;
.
3
In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings) , after paragraph (2B), insert —
2C
Earnings derived by a claimant as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account —
a
in the case of a period of training exceeding 14 days, over a period of 14 days, or
b
in any other case, over a period which is equal to the duration of the training period.
2D
The period over which earnings to which paragraph (2C) applies are to be taken into account shall begin on the date on which the payment is treated as paid under regulation 31.
.
4
In Schedule 8 (sums to be disregarded in the calculation of earnings) for paragraph 15A , substitute —
15A
1
Where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (as specified in Part IV and Schedule 2) less 10 pence, the amount of those earnings corresponding to that excess.
2
This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 50 (persons temporarily absent from Great Britain), after paragraph (6C) , insert —
6D
For the purposes of the Act, a person (“P”) shall be treated as being in Great Britain during any period of temporary absence from Great Britain not exceeding 15 days where —
a
P’s absence is for the purpose of taking part in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations; and
b
P or P’s partner was entitled to a jobseeker’s allowance immediately before the period of absence began.
.
3
In regulation 72 (good reason for the purposes of section 19(2)(c) and (d) and 19A(2)(c)) , for paragraphs (a) and (b) (and the preceding “ — ”), substitute “one hour and thirty minutes either way,”.
4
Regulation 74A (person in receipt of a training allowance) is revoked.
5
In regulation 94(2C)(a) (calculation of earnings derived from employed earner’s employment and income other than earnings) , omit “or which is equal to the duration of the training period,”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) , after paragraph (6A), insert —
6B
A decision of the Secretary of State under section 8 or 10 awarding a jobseeker’s allowance may be revised where the Secretary of State makes a decision under regulation 69B (the period of a reduction under section 19B: claimants ceasing to be available for employment etc. ) of the Jobseeker’s Allowance Regulations (“the JSA Regulations ”) that the amount of the award is to be reduced in accordance with regulations 69B and 70 of the JSA Regulations.
.
Amendment of the Employment and Support Allowance Regulations 2008
5
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 91 (calculation of earnings derived from employed earner’s employment and income other than earnings), after paragraph (4), insert —
4A
Earnings derived by a claimant’s partner as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001 in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant’s partner alone or together with other earnings derived from the same source, are to be taken into account —
a
in the case of a period of training exceeding 14 days, over a period of 14 days, or
b
in any other case, over a period which is equal to the duration of the training period.
4B
The period over which earnings to which paragraph (4A) applies are to be taken into account shall begin on the date on which the payment is treated as paid under regulation 93.
.
3
In Schedule 7 (sums to be disregarded in the calculation of earnings) , after paragraph 11, insert —
11A
1
In the case of an income-related employment and support allowance, where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (calculated as specified in section 4(2) and (3) of the Act) less 10 pence, the amount of those earnings corresponding to that excess.
2
This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant’s partner from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001 in respect of annual continuous training for a maximum period of 15 days in any calendar year.
.
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
11th October 2012 |
The Tax Avoidance Schemes (Information) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs in exercise of the powers conferred by section 98C(2A),(2B) and (2C)(b) of the Taxes Management Act 1970 , section 132 of the Finance Act 1999 , section 135 of the Finance Act 2002 and sections 306A(6), 307(5), 308(1) and (3), 308A(5) and (6)(a), 309(1), 310, 312(2) and (5), 312A(2) and (5), 313(1) and (3), 313ZA(3) and (4), 313A(4)(a), 313B(2)(a), 313C(1) and (3)(a), 317(2) and 318(1) of the Finance Act 2004 , make the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Information) Regulations 2012 and shall come into force on 1st September 2012.
Interpretation
2
1
In these Regulations a reference to a numbered section (without more) is a reference to the section of the Finance Act 2004 which is so numbered.
2
In these Regulations —
“employment” has the same meaning as it has for the purposes of the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003 (see section 4 of that Act) and includes offices to which the provisions of those Parts that are expressed to apply to employments apply equally (see section 5 of that Act); and “employee” and “employer” have corresponding meanings;
“the filing date” is —
whichever date in regulation 12(4)(a) to (c) applies to the relevant return or in the case of inheritance tax the last day of the period mentioned in regulation 9(5)(b); or
in the case of regulation 10(7) the date by which the relevant return is required to be delivered;
“the prescribed taxes” means capital gains tax, corporation tax, income tax, inheritance tax and stamp duty land tax.
3
In reckoning any period under regulation 5 (apart from paragraph (8)), or regulations 14, 15 and 16, any day which is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 (computation of time) shall be disregarded.
4
In regulations 10(2) and (3), 11(4) and 12(2) expressions which are used in Part 4 of the Finance Act 2003 have the same meaning as in that Part.
Revocations
3
1
The Regulations described in the Schedule to these Regulations are revoked.
2
Anything begun under or for the purpose of any Regulations revoked by these Regulations shall be continued under or, as the case may be, for the purpose of the corresponding provision of these Regulations.
3
Where any document refers to a provision of a regulation revoked by these Regulations, such reference shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of these Regulations.
Prescribed information in respect of notifiable proposals and arrangements
4
1
The information which must be provided to HMRC by a promoter under section 308(1) or (3) (duties of promoter) in respect of a notifiable proposal or notifiable arrangements is sufficient information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which the proposal or arrangements are intended to operate, including —
a
the promoter’s name and address;
b
details of the provision of the Arrangements Regulations , the IHT Arrangements Regulations or the SDLT Arrangements Regulations by virtue of which the arrangements or the proposed arrangements are notifiable;
c
a summary of the arrangements or proposed arrangements and the name (if any) by which they are known;
d
information explaining each element of the arrangements or proposed arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained under those arrangements arises; and
e
the statutory provisions, relating to any of the prescribed taxes, on which that tax advantage is based.
2
The information which must be provided to HMRC by a client under section 309 (duty of person dealing with promoter outside the United Kingdom) in respect of notifiable arrangements is sufficient information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which the arrangements are intended to operate, including —
a
the client’s name and address;
b
the name and address of the promoter;
c
details of the provision of the Arrangements Regulations, the IHT Arrangements Regulations or the SDLT Arrangements Regulations by virtue of which the arrangements are notifiable;
d
a summary of the arrangements, and the name (if any) by which they are known;
e
information explaining each element of the arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained under the arrangements arises; and
f
the statutory provisions, relating to any of the prescribed taxes, on which that tax advantage is based.
3
The information which must be provided to HMRC by a person obliged to do so by section 310 (duty of parties to notifiable arrangements not involving promoter) is sufficient information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which the arrangements of which that transaction forms part are intended to operate, including —
a
the name and address of the person entering into the transaction;
b
details of the provision of the Arrangements Regulations, the IHT Arrangements Regulations or the SDLT Arrangements Regulations by virtue of which the arrangements are notifiable;
c
a summary of the arrangements and the name (if any) by which they are known;
d
information explaining each element of the arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained under the arrangements arises; and
e
the statutory provisions, relating to any of the prescribed taxes, on which that tax advantage is based.
4
If, but for this paragraph —
a
a person would be obliged to provide information in relation to two or more notifiable arrangements,
b
those arrangements are substantially the same (whether they relate to the same parties or different parties), and
c
the person has already provided information under paragraph (2) or (3) in relation to any of the other arrangements,
the person need not provide further information under paragraph (2) or (3).
5
In this regulation —
“the Arrangements Regulations” means the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 ;
“the IHT Arrangements Regulations” means the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2011 ;
“the SDLT Arrangements Regulations” means the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005 .
Time for providing information under section 308, 308A, 309 or 310
5
1
The period or time (as the case may be) within which —
a
the prescribed information under section 308, 309 or 310, and
b
the information or documents which will support or explain the prescribed information under section 308A (supplemental information),
must be provided to HMRC is found in accordance with the following paragraphs of this regulation.
2
Where a proposal or arrangements (not being otherwise notifiable) is or are treated as notifiable by virtue of an order under section 306A(1) (doubt as to notifiability) the prescribed period is the period of 10 days beginning on the day after that on which the order is made.
3
In the case of a requirement to provide specified information about, or documents relating to, the notifiable proposal or arrangements which arises by virtue of an order under section 308A(2), the prescribed period is the period of 10 days beginning on the day after that on which the order is made.
4
In any other case of a notification under section 308(1), the prescribed period is the period of 5 days beginning on the day after the relevant date.
5
In any other case of a notification under section 308(3), the prescribed period is the period of 5 days beginning on the day after that on which the promoter first becomes aware of any transaction forming part of arrangements to which that subsection applies.
6
In the case of a notification under section 309(1), the prescribed period is the period of 5 days beginning on the day after that on which the client enters into the first transaction forming part of notifiable arrangements to which that subsection applies.
7
In the case of a notification under section 310 which arises by virtue of the application of regulation 6 of the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 (persons not to be treated as promoters: legal professional privilege), the prescribed time is any time during the period of 5 days beginning on the day after that on which the person enters into the first transaction forming part of the notifiable arrangements.
8
In any other case of a notification under section 310 the prescribed time is any time during the period of 30 days beginning on the day after that on which the person enters into the first transaction forming part of the notifiable arrangements.
Prescribed information under sections 312 and 312A
6
For the purposes of sections 312(2) and (5) (duty of promoter to notify client of number) and 312A(2) (duty of client to notify parties of number) the prescribed information is —
a
the name and address of the promoter;
b
the name, or a brief description of the notifiable arrangements or proposal;
c
the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 (arrangements to be given reference number) to the notifiable arrangements or proposed notifiable arrangements;
d
the date that the reference number was —
i
sent by the promoter to the client; or (as the case may be)
ii
sent to any other person by the client under section 312A(2).
Time for providing information under section 312A
7
In the case of a notification under section 312A(2) the prescribed period is the period of 30 days beginning on —
a
the day on which the client first becomes aware of any transaction forming part of notifiable arrangements or proposed notifiable arrangements; or, if later,
b
the day on which the prescribed information is notified to the client by the promoter under section 312.
Exemption from duty under section 312A
8
The duty of a client to notify other persons under section 312A(2) does not apply to an employer of an employee where the employee by reason of employment receives or expects to receive a tax advantage in respect of income tax or capital gains tax as a result of notifiable arrangements or proposed notifiable arrangements.
Prescribed cases under section 313(3)(a)
9
1
The prescribed cases for the purposes of section 313(3)(a) (cases in which the information is to be included in returns) are as follows.
2
Subject to regulation 10(4), (7) and (8), in the case of a person who —
a
expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay, income tax or capital gains tax as a result of notifiable arrangements; and
b
is required to make a return to HMRC by a notice under section 8 or 8A of the Taxes Management Act 1970 (income tax and capital gains tax: personal return and trustee’s return), in respect of income tax or capital gains tax,
the prescribed information shall be included in the return (under the section which applies) which relates to the year of assessment in which the person first enters into a transaction forming part of the notifiable arrangements and in the return for each subsequent year of assessment until the advantage ceases to apply to that person.
3
Subject to regulation 10(4), (7) and (8) in the case of a company which —
a
expects a tax advantage to arise in respect of its liability to pay, entitlement to a repayment of, or to a deferment of its liability to pay, corporation tax as a result of notifiable arrangements; and
b
is required to make a return to HMRC by a notice under paragraph 3 of Schedule 18 to the Finance Act 1998 (company tax return), in respect of corporation tax,
the prescribed information shall be included in the return under that paragraph covering the period in which the company first enters into a transaction forming part of the notifiable arrangements and in the return covering each subsequent period until the tax advantage ceases to apply to the company.
4
Subject to regulation 10(4), (7), and (8) in the case of a partnership —
a
which expects an advantage to arise in respect of a partner’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay income tax, capital gains tax or corporation tax in respect of partnership profits or gains as a result of notifiable arrangements; and
b
in respect of which a return is required to be made to HMRC by virtue of a notice under section 12AA of the Taxes Management Act 1970 (partnership return) in respect of income tax, capital gains tax or corporation tax,
in addition to any duty under paragraph (2) or (3) the prescribed information shall be included in the return under that section covering the period in which the partnership first enters into a transaction forming part of the notifiable arrangements and in the returns covering each subsequent period until the tax advantage ceases to apply to the partner in question.
5
Subject to regulation 10(7) and (8) in the case of a person who —
a
expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay inheritance tax as a result of notifiable arrangements; and
b
is required to make a return to HMRC under section 216 of the Inheritance Tax Act 1984 (accounts and information) in respect of a transaction forming part of the notifiable arrangements within a period of 12 months from the end of the month in which the first transaction forming part of the arrangements is entered into,
the prescribed information shall be included in the return under that section.
Prescribed cases under section 313(3)(b)
10
1
The prescribed cases for the purposes of section 313(3)(b) (cases in which the information is to be provided separately) are as follows.
2
In a case where a purchaser expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay stamp duty land tax as a result of notifiable arrangements the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
3
If paragraph (2) applies in relation to a land transaction entered into as purchaser by or on behalf of a partnership notification of the prescribed information by or in relation to the responsible partners may instead be done by or in relation to a representative partner or partners.
4
In the case of a person who is the employer of an employee, by reason of whose employment a tax advantage is expected to arise to any person in respect of income tax, corporation tax or capital gains tax as a result of notifiable arrangements, the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
5
In the case of a person who would be obliged to comply with a duty under regulation 9(2) to (4), but is not required, in respect of a year of assessment, accounting period or tax year —
a
in the case of notifiable arrangements to which regulation 9(2) applies, to make a return under either of the provisions referred to in regulation 9(2)(b);
b
in the case of notifiable arrangements to which regulation 9(3) applies, to make a return under the provision referred to in regulation 9(3)(b); or
c
in the case of notifiable arrangements to which regulation 9(4) applies, to make a return under the provision referred to in regulation 9(4)(b);
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
6
In the case of a person who —
a
expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay inheritance tax as a result of notifiable arrangements; and
b
is not required to make a return to HMRC under section 216 of the Inheritance Tax Act 1984 in respect of a transaction forming part of the notifiable arrangements within a period of 12 months from the end of the month in which the first transaction forming part of the arrangements is entered into,
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
7
In a case of a person who would, but for this paragraph, be obliged to comply with a duty under regulation 9 and —
a
the relevant return is not delivered by the filing date; or
b
the relevant return is delivered by the filing date but does not include the prescribed information;
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
8
In a case where —
a
a person is required to provide information relating to more than one reference number;
b
the information is included in a return under regulation 9; and
c
the number of reference numbers in relation to which information is required exceeds the number of spaces allocated to the information on the return form;
the information relating to so many of the reference numbers as exceeds the number of allocated spaces shall be provided separately to HMRC in such form and manner as they may specify.
9
In addition to the duty under any other paragraph above, or regulation 9, in a case where the arrangements give rise to a claim submitted separately from the return under —
a
section 261B of the Taxation of Chargeable Gains Act 1992 (treating trade loss etc as CGT loss); or
b
Part 4 of the Income Tax Act 2007 (loss relief);
the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.
Prescribed information under section 313(1)
11
1
For the purposes of section 313(1) (duty of parties to notifiable arrangements to notify Board of number, etc) the prescribed information is that specified in whichever of paragraph (2), (3) or (4) is applicable.
2
In cases prescribed in regulation 9 the prescribed information is —
a
the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements; and
b
the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information expects a tax advantage to be obtained.
3
In the cases prescribed in regulation 10 (apart from paragraph (2)) the prescribed information is —
a
the name and address of the person providing it;
b
any National Insurance number, tax reference number, PAYE reference number or other personal identifier allocated by HMRC to the person to whom the information relates;
c
the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements;
d
the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information or, in the case of regulation 10(4), an employee of that person, expects to obtain a tax advantage by virtue of the notifiable arrangements;
e
the name of the person providing the declaration as to the accuracy and completeness of the notification; and
f
the capacity in which the person mentioned in sub-paragraph (e) is acting.
4
In the case prescribed at regulation 10(2) the prescribed information is —
a
the name and address of the purchaser;
b
the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements;
c
the address of the property forming the subject of the arrangements (“the property”);
d
the title number of the property (if any is allocated);
e
the unique transaction reference number (if a land transaction return has been submitted to HMRC at the time the prescribed information is provided);
f
the market value of the property, taking into account all chargeable interests in the property held by the same person or connected persons;
g
the effective date of the first land transaction which forms part of the arrangements;
h
the name of the person providing the declaration as to the accuracy and completeness of the notification; and
i
the capacity in which that person is acting.
Time for providing information under section 313(3)(b)
12
1
The prescribed times for providing information in the cases prescribed in regulation 10 are as follows.
2
In the case of regulation 10(2) any time during the period of 30 days beginning with the later of —
a
the effective date of the first land transaction which forms part of the arrangements; or
b
the date of the receipt of the reference number allocated under the provisions of section 311.
3
In the case of regulation 10(4) whichever of (a) or (b) below applies in respect of the tax year in which the employer first enters into a transaction forming part of the notifiable arrangements and whichever applies in respect of each subsequent year until an advantage ceases to apply to any person —
a
for a non-Real Time Information employer, any time during the period ending on the date on which the return under regulation 73 of the Income Tax (Pay As You Earn) Regulations 2003 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)) is or would be due; or
b
for a Real Time Information employer, 14 days after the end of the final tax period of the tax year.
In this paragraph, “non-Real Time Information employer” and “Real Time Information employer” have the meanings given in regulation 2(1) (interpretation) of the Income Tax (Pay As You Earn) Regulations 2003.
4
In the case of regulation 10(5) —
a
for regulation 10(5)(a), any time during the period ending on 31st January next following the end of the year of assessment in question;
b
for regulation 10(5)(b), any time during the period ending on the date defined as the filing date for the purposes of paragraph 14 of Schedule 18 to the Finance Act 1998 in respect of the period of account in question;
c
for regulation 10(5)(c), any time during the period ending on the earliest date by which the person in question could be required to file a return under section 12AA of the Taxes Management Act 1970, determined in accordance with whichever of subsections (4) and (5) of that section is applicable.
5
In the case of regulation 10(6) any time during the period of 12 months from the end of the month in which the first transaction forming part of the arrangements is entered into.
6
In the case of regulation 10(7) and (8) any time during the period ending on the filing date for the relevant return.
7
In the case of regulation 10(9) the time that the claim is made.
Prescribed information under section 313ZA: information and timing
13
1
For the purposes of section 313ZA(3) (duty of promoter to provide client lists)-
a
the prescribed period is 30 days;
b
the prescribed information is –
i
any reference number allocated by HMRC under section 311 to the arrangements (or to a proposal for them) to which the information provided relates;
ii
the name and address of each client in relation to whom the relevant date (within the meaning of section 312(3)) occurs in the relevant period in relation to which the information is being provided;
iii
the promoter’s name and address; and
iv
the end date of the relevant period in relation to which the information is being provided.
c
in sub-paragraph (b)(ii) the address of the client is the address to which the promoter has sent or would have sent the prescribed information under section 312.
2
For the purposes of section 313ZA(4) the relevant period is each calendar quarter.
Time for providing information under section 313A and 313B
14
1
In the case of a requirement under or by virtue of section 313A(1) (pre-disclosure enquiry), the prescribed period is the period of 10 days beginning on the day after that on which the notice is issued.
2
In the case of a requirement under or by virtue of section 313B(1) (reasons for non-disclosure: supporting information), the prescribed period is the period of 14 days beginning on the day after that on which the order is made.
Prescribed information under section 313C: information and timing
15
1
For the purposes of section 313C(1) (information provided to introducers) the prescribed information is –
a
P’s name and address; and
b
the name and address of each person who has provided P with any information relating to the proposal.
2
For the purposes of section 313C(3)(a) the prescribed period is 10 days.
Higher rate of penalty following a failure to comply with an order under section 306A or 314A
16
1
For the purposes of section 98C(2A) of the Taxes Management Act 1970 (higher rate of penalty after the making of an order under section 306A) the prescribed period is the period of 10 days beginning on the date on which the order is made.
2
For the purposes of section 98C(2B) of the Taxes Management Act 1970 (higher rate of penalty after the making of an order under section 314A) the prescribed period is the period of 10 days beginning on the date on which the order is made.
Electronic delivery of information
17
1
Information required to be delivered to HMRC or to any other person by virtue of these Regulations may be delivered in such form and by such means of electronic communications as are for the time being authorised for that purpose.
2
The use of a particular means of electronic communications is authorised for the purposes of paragraph (1) only if —
a
it is authorised by directions given by HMRC under section 132(5) of the Finance Act 1999 (voluntary filing by electronic means of returns and other documents); and
b
the user complies with any conditions imposed by HMRC under that section.
3
Nothing in this regulation prevents the delivery of information by electronic communications if the information is contained in a return which is —
a
authorised to be delivered electronically by virtue of regulations under section 132 of the Finance Act 1999; or
b
required to be so delivered by virtue of regulations under section 135 of the Finance Act 2002 (mandatory e-filing).
Amendment of the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004
18
In regulation 6 of the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 for “paragraph (1) or (2) (as the case may be) of regulation 3 of the Tax Avoidance Schemes (Information) Regulations 2004” substitute “regulation 4(1) of the Tax Avoidance Schemes (Information) Regulations 2012”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th July 2012
SCHEDULE
REVOCATIONS
Regulation 3
Statutory Instrument Number
Title of Regulations
Extent of revocation
S.I.2004/1864
The Tax Avoidance Schemes (Information) Regulations 2004
The whole regulations
S.I. 2004/2613
The Tax Avoidance Schemes (Promoters, Prescribed Circumstances and Information) (Amendment) Regulations 2004
Regulation 3
S.I. 2005/1869
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2005
The whole regulations
S.I. 2006/1544
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2006
The whole regulations
S.I. 2007/2153
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2007
The whole regulations
S.I. 2007/3103
The Tax Avoidance Schemes (Information) (Amendment) ( No. 2) Regulations 2007
The whole regulations
S.I. 2008/1947
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2008
The whole regulations
S.I. 2009/611
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2009
The whole regulations
S.I. 2010/410
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2010
The whole regulations
S.I. 2010/2928
The Tax Avoidance Schemes (Information) (Amendment) Regulations (No. 2) 2010
The whole regulations
S.I. 2011/171
The Tax Avoidance Schemes (Information) (Amendment) Regulations 2011
The whole regulations |
The Jobseeker’s Allowance (Amendment) Regulations 2012
In accordance with section 173(1)(b) of the Social Security Administration Act 1992 , the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2012 and come into force on 16th May 2012.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 72(6)(b) (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)) omit —
, —
i
during the first 13 weeks of entitlement to a jobseeker’s allowance, one hour either way; and
ii
in all other cases,
.
Signed by authority of the Secretary of State for Work and Pensions.
C. Grayling
Minister for Employment
Department for Work and Pensions
23rd April 2012 |
The Community Infrastructure Levy (Amendment) Regulations 2012
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 205(1) and (2), 209(5), 211(5) and (6), 214(2), 216(1), (4)(a) and (7)(d) and (f), 217(1) to (3) and (5), 220(1), (2)(a), (d), (e) and (j) and (3) and 222(1) of the Planning Act 2008, and with the consent of the Treasury, makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Community Infrastructure Levy (Amendment) Regulations 2012 and shall come into force on the day after the day on which they are made.
Amendments to the Community Infrastructure Levy Regulations 2010
2
The Community Infrastructure Levy Regulations 2010 are amended in accordance with the following regulations.
Amendment to Part 2 – definition of key terms
3
1
In regulation 5(3)(a) (meaning of “planning permission”) after paragraph (ii) insert —
iia
by a neighbourhood development order made under section 61E of TCPA 1990,
2
In regulation 9 (meaning of chargeable development) for paragraph (5) substitute —
5
In Wales, where the effect of a planning permission granted under section 73 of TCPA 1990 is only to change a condition subject to which a previous planning permission was granted by extending the time within which development must be commenced, the chargeable development is the development for which permission was granted by the previous permission as if that development was commenced.
6
Where the effect of a planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable calculated under regulation 40 (as modified by paragraph (8)) would not change, the chargeable development is the development for which planning permission was granted by the previous permission as if that development was commenced.
7
Where the effect of the planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable under regulation 40 (as modified by paragraph (8)) would change, the chargeable development is the most recently commenced or re-commenced chargeable development.
8
For the purposes of paragraphs (6) and (7), the liability to CIL under regulation 40 should be calculated in relation to an application made under section 73 of TCPA 1990 as if the date on which the planning permission granted under that application first permits development was the same as that for the application for planning permission to which the application under section 73 of TCPA 1990 relates.
9
For the purposes of paragraph (7), chargeable development is re-commenced where —
a
the chargeable development (“the earlier development”) was commenced;
b
work on the earlier development was halted and a different chargeable development (“the later development”) that was granted planning permission under section 73 of TCPA 1990 was commenced on the relevant land; and
c
the later development was subsequently halted and the earlier development is continued.
Amendment to Part 3 – charging schedules
4
1
In regulation 15 (consultation on a preliminary draft charging schedule) omit —
a
paragraph (3)(a)(iv); and
b
paragraph (8).
2
In regulation 19(1) (submission of documents and information to the examiner) omit the words “(in addition to the declaration required under section 212(4) of PA 2008)”.
3
In regulation 25 (approval and publication of a charging schedule) —
a
in paragraph (a), after the words “charging schedule” insert “, together with any report made under section 213(3B) of PA 2008,”; and
b
in paragraph (b) after the words “charging schedule” insert “, together with any report made under section 213(3B) of PA 2008,”.
Amendment to Part 5 – chargeable amount
5
In regulation 40 (calculation of chargeable amount) for paragraph (6) substitute —
6
The value of A in paragraph (5) must be calculated by applying the following formula —
G
R
−
K
R
− (
G
R
× E
G
)
where —
G
the gross internal area of the chargeable development;
G R
the gross internal area of the part of the development chargeable at rate R;
E
an amount equal to the aggregate of the gross internal areas of all buildings which —
on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and
are to be demolished before completion of the chargeable development; and
K R
an amount equal to the aggregate of the gross internal area of all buildings (excluding any new build) on completion of the chargeable development which —
on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use;
will be part of the chargeable development upon completion; and
will be chargeable at rate R.
Amendment to Part 6 – exemptions and relief
6
— In regulation 50 (social housing relief: qualifying amount) —
a
for paragraph (6) substitute —
6
The value of N R in paragraph (5) must be calculated by applying the following formula —
Q
R
−
K
Q R
− (
Q
R
× E
G
)
where —
Q R
the gross internal area of the part of the chargeable development which will comprise the qualifying dwellings, and in respect of which, but for social housing relief, CIL would be chargeable at rate R;
K QR
an amount equal to the gross internal area of all buildings (excluding any new build) on completion of the chargeable development which —
on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use;
will be part of the chargeable development upon completion; and
will be chargeable at rate R but for social housing relief;
E
an amount equal to the aggregate of the gross internal area of all buildings which —
on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and
are to be demolished before completion of the chargeable development; and
G
the gross internal area of the chargeable development.
;
b
omit paragraph (7); and
c
for paragraph (11) substitute —
11
Where —
a
social housing relief has been granted in relation to a development;
b
planning permission is granted under section 73 of TCPA 1990 in respect of that development; and
c
the amount of social housing relief calculated in accordance with this regulation that the development is eligible for has not changed as a result of the planning permission referred to in sub-paragraph (b),
anything done in relation to an application for social housing relief made under regulation 51 (social housing relief: procedure) in relation to the development referred to in sub-paragraph (a) is to be treated as if it was done in relation to the development that the planning permission referred to in sub-paragraph (b) relates.
12
In this regulation “building” and “new build” have the same meaning as in regulation 40.
Amendment to Part 7 – application of CIL
7
In regulation 59 (application to infrastructure) —
a
in paragraph (1) after the words “apply CIL to funding” insert “the provision, improvement, replacement, operation or maintenance of”;
b
in paragraph (2) after the words “must be applied to funding” insert “the provision, improvement, replacement, operation or maintenance of”;
c
in paragraph (3) after words “apply CIL to funding” insert “the provision, improvement, replacement, operation or maintenance of”; and
d
in paragraph (4) after the words “person to apply to funding” insert “the provision, improvement, replacement, operation or maintenance of”.
Amendment to Part 8 - administration
8
1
In regulation 67 (commencement notice) for paragraph (6) substitute —
6
Subject to paragraphs (6A) and (6B), where a collecting authority receives a valid commencement notice any earlier commencement notice received by it in respect of the same chargeable development ceases to have effect.
6A
Paragraph (6B) applies where —
a
a commencement notice (A) has ceased to have effect under paragraph (6); and
b
the person who submitted A wishes to implement the planning permission to which A related.
6B
Where this paragraph applies —
a
notice must be given in writing to the collecting authority that A is to have effect again before commencing the development to which A relates; and
b
when the collecting authority receive this notice, A is to have effect and any other commencement notices previously received by the collecting authority in respect of the chargeable development cease to have effect.
2
In regulation 70 (payment periods) after paragraph (5) insert —
5A
Where —
a
A is charged by the Mayor of London but not by a London borough council; and
b
the Mayor has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),
A is payable in accordance with that instalment policy.
3
After regulation 74 (payment in kind: further provision) insert —
Abatement
74A
1
This regulation applies where —
a
CIL has been paid in respect of a chargeable development;
b
a new planning permission is later granted in relation to that development under section 73 of TCPA 1990; and
c
the collecting authority has issued a new or revised liability notice in respect of that development because the chargeable amount has changed.
2
Where this regulation applies a person liable to pay CIL for that chargeable development may request that the charging authority credits the CIL already paid against the amount due under the new or revised liability notice.
3
To be valid a request under paragraph (2) must be accompanied by proof of the amount of CIL that has already been paid.
4
The charging authority must grant any valid request made under paragraph (2).
4
In regulation 75 (overpayment) after subsection (3) insert —
4
Paragraph (3) does not apply where —
a
the overpayment is as the result of an application made under section 73 of TCPA 1990; and
b
the chargeable amount was calculated correctly in relation to that application and the chargeable development it was made in relation to.
5
In regulation 76 (payments to charging authorities) for paragraph (2) substitute —
2
The collecting authority must pay to a charging authority an amount (X) equal to the payments it receives (Y) in respect of CIL charged by that charging authority less —
a
that part of Y which (in accordance with regulation 61(4)) the collecting authority applies to administrative expenses incurred by it in connection with collecting Y; and
b
any overpayment (including interest) which the collecting authority has repaid under regulation 75.
Amendment to Part 12 – miscellaneous and transitional provisions
9
1
After regulation 128 (transitional provision: general) insert —
Transitional provision: section 73 of TCPA 1990 applications
128A
1
Where all the criteria set out in paragraph (2) are satisfied by a development, paragraphs (3) to (6) shall apply.
2
The criteria are —
a
on the day planning permission (A) is granted in relation to the development, the development is situated in an area in which a charging authority has no charging schedule in effect;
b
a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990; and
c
on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.
3
Liability to CIL shall arise in respect of the development, and the amount of CIL payable (“chargeable amount”) shall be —
X − Y
where —
X
the chargeable amount for the development for which B was granted, calculated in accordance with regulation 40; and
Y
the amount, calculated in accordance with regulation 40, that would have been the chargeable amount for the development for which A was granted, if A first permitted development on the same day as B.
4
For the purposes of calculating Y, for regulation 40(4) substitute —
4
The relevant rates are the rates at which CIL is chargeable in respect of the development taken from the charging schedules which are in effect —
a
at the time B was granted; and
b
in the area in which the development will be situated.
5
If Y is greater than or equal to X, the chargeable amount is deemed to be zero.
6
Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
2
Before regulation 129 (transitional provision: charging schedule ceases to have effect) insert —
Transitional provision: article 18(1) of DMPO applications
128B
1
In this regulation “DMPO” means the Town and Country Planning (Development Management Procedure) (England) Order 2010 .
2
Where all the criteria set out in paragraph (3) are satisfied, paragraph (4) shall apply.
3
The criteria are —
a
on the day planning permission (A) is granted in relation to a development, the development is situated in an area in which a charging authority has no charging schedule in place;
b
a new planning permission (B) is later granted in relation to the development;
c
B is granted in accordance with regulation 18(1)(b) or (c) of DMPO (consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit); and
d
on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.
4
Other than this regulation these Regulations shall not apply in relation to that development.
Transitional provisions
10
1
The amendments in regulations 3(2), 8(1), (3) and (4) and 9(1) do not apply in relation to a development that was granted planning permission under section 73 of TCPA before these Regulations came into force.
2
The amendment in regulation 4(3) does not apply in relation to a charging schedule that was submitted for examination under regulation 19 of the 2010 Regulations before these Regulations came into force.
3
The amendments in regulations 5, 6 and 8(2) do not apply if the conditions specified in paragraphs (4) or (5) are met.
4
The conditions in this paragraph are that —
a
a development requires a planning permission under a provision listed in regulation 5(1)(a) to (f) of the 2010 Regulations; and
b
such permission was granted before these Regulations came into force.
5
The conditions in this paragraph are that —
a
a development is granted planning permission under a general consent; and
b
a notice of chargeable development was submitted in relation to that development under regulation 64, or served under regulation 64A, of the 2010 Regulations before these Regulations came into force.
6
The amendment in regulation 9(2) does not apply in relation to a development that was granted planning permission in accordance with article 18(1)(b) or (c) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 before these Regulations came into force.
7
In this regulation the 2010 Regulations means the Community Infrastructure Levy Regulations 2010 .
Signed by authority of the Secretary of State for Communities and Local Government
Nick Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th November 2012
We consent
David Evennett
Mark Lancaster
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 2012 |
The Magistrates’ Courts (Regulation of Investigatory Powers) Rules 2012
In accordance with section 144 of the Magistrates’ Courts Act 1980 he has consulted the rule committee appointed under that section and makes these Rules with the concurrence of the Lord Chancellor.
Citation and commencement
1
These Rules may be cited as the Magistrates’ Courts (Regulation of Investigatory Powers) Rules 2012, and come into force on 1 November 2012.
When these Rules apply
2
These Rules apply when, in a case which is not a criminal case, a justice of the peace can make an order approving —
a
the grant or renewal of an authorisation, or the giving or renewal of a notice, under section 23A of the Regulation of Investigatory Powers Act 2000 ;
b
the grant or renewal of an authorisation under section 32A of the 2000 Act .
Meaning of ‘court’, ‘applicant’ and ‘respondent’
3
In these Rules —
a
a reference to the ‘court’ includes a reference to any justice of the peace who can exercise a power to which these Rules apply;
b
‘applicant’ means person who, or an authority which, can apply for an order to which these Rules apply; and
c
‘respondent’ means the person (if any) against whom such an order is sought or made.
Exercise of court’s powers
4
1
Subject to paragraphs (2) and (3), the court may determine an application for an order, or to vary or discharge an order —
a
at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and
b
in the absence of —
i
the applicant,
ii
the respondent (if any),
iii
any other person affected by the order.
2
The court must not determine such an application in the applicant’s absence if —
a
the applicant asks for a hearing; or
b
it appears to the court that —
i
the proposed order may infringe legal privilege, within the meaning of section 10 of the Police and Criminal Evidence Act 1984 or of section 348 or 361 of the Proceeds of Crime Act 2002 ,
ii
the proposed order may require the production of excluded material, within the meaning of section 11 of the 1984 Act, or
iii
for any other reason the application is so complex or serious as to require the court to hear the applicant.
3
The court must not determine such an application in the absence of any respondent or other person affected, unless —
a
the absentee has had at least 2 business days in which to make representations; or
b
the court is satisfied that —
i
the applicant cannot identify or contact the absentee,
ii
it would prejudice the investigation if the absentee were present,
iii
it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend, or
iv
the absentee has waived the opportunity to attend.
4
The court must not make, vary or discharge an order unless the applicant states, in writing or orally, that to the best of the applicant’s knowledge and belief —
a
the application discloses all the information that is material to what the court must decide; and
b
the content of the application is true.
5
Where the statement required by paragraph (4) is made orally —
a
the statement must be on oath or affirmation, unless the court otherwise directs; and
b
the court must arrange for a record of the making of the statement.
Court’s power to vary requirements under these Rules
5
1
The court may —
a
shorten or extend (even after it has expired) a time limit under these Rules;
b
dispense with a requirement for service under these Rules (even after service was required); and
c
consider an application made orally instead of in writing.
2
A person who wants an extension of time must —
a
apply when serving the application for which it is needed; and
b
explain the delay.
Documents served on the court officer
6
1
Unless the court otherwise directs, the court officer may —
a
keep a written application; or
b
arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.
2
Where the court makes an order when the court office is closed, the applicant must, not more than 72 hours later, serve on the court officer —
a
a copy of the order; and
b
any written material that was submitted to the court.
Application for approval for authorisation or notice
7
1
This rule applies where an applicant wants a magistrates’ court to make an order approving —
a
under sections 23A and 23B of the Regulation of Investigatory Powers Act 2000 —
i
an authorisation to obtain or disclose communications data, under section 22(3) of the 2000 Act , or
ii
a notice that requires a postal or telecommunications operator if need be to obtain, and in any case to disclose, communications data, under section 22(4) of the 2000 Act;
b
under sections 32A and 32B of the Regulation of Investigatory Powers Act 2000 , an authorisation for —
i
the carrying out of directed surveillance, under section 28 of the 2000 Act, or
ii
the conduct or use of a covert human intelligence source, under section 29 of the 2000 Act .
2
The applicant must —
a
apply in writing and serve the application on the court officer;
b
attach the authorisation or notice which the applicant wants the court to approve;
c
attach such other material (if any) on which the applicant relies to satisfy the court —
i
as required by section 23A(3) and (4) of the 2000 Act, in relation to communications data,
ii
as required by section 32A(3) and (4) of the 2000 Act, in relation to directed surveillance, or
iii
as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the 2000 Act , in relation to a covert human intelligence source; and
d
propose the terms of the order.
Exercise of court’s power to quash an authorisation or notice
8
1
This rule applies where, under section 23A or 32A of the Regulation of Investigatory Powers Act 2000, a magistrates’ court refuses to approve the grant, giving or renewal of an authorisation or notice.
2
The court must not exercise its power to quash that authorisation or notice unless the applicant has had at least 2 business days from the date of the refusal in which to make representations.
Judge, C.J.
3rd October 2012
I agree
Signed on the authority of the Lord Chancellor
Damian Green
Minister of State
Ministry of Justice
6th October 2012 |
Civil Aviation Act 2012
PART 1
Airports
CHAPTER 1
Regulation of operators of dominant airports
General duties
CAA ’s general duty
1
1
The CAA must carry out its functions under this Chapter in a manner which it considers will further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.
2
The CAA must do so, where appropriate, by carrying out the functions in a manner which it considers will promote competition in the provision of airport operation services.
3
In performing its duties under subsections (1) and (2) the CAA must have regard to —
a
the need to secure that each holder of a licence under this Chapter is able to finance its provision of airport operation services in the area for which the licence is granted,
b
the need to secure that all reasonable demands for airport operation services are met,
c
the need to promote economy and efficiency on the part of each holder of a licence under this Chapter in its provision of airport operation services at the airport to which the licence relates,
d
the need to secure that each holder of a licence under this Chapter is able to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport (“associated facilities”) and aircraft using that airport,
e
any guidance issued to the CAA by the Secretary of State for the purposes of this Chapter,
f
any international obligation of the United Kingdom notified to the CAA by the Secretary of State for the purposes of this Chapter, and
g
the principles in subsection (4) .
4
Those principles are that —
a
regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
b
regulatory activities should be targeted only at cases in which action is needed.
5
If, in a particular case, the CAA considers that there is a conflict —
a
between the interests of different classes of user of air transport services, or
b
between the interests of users of air transport services in different matters mentioned in subsection (1) ,
its duty under subsection (1) is to carry out the functions in a manner which it considers will further such of those interests as it thinks best.
6
For the purposes of subsection (3)(d) the environmental effects of the airport, associated facilities and aircraft include —
a
substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,
b
visual or other disturbance to the public,
c
effects from works carried out at the airport or the associated facilities or to extend the airport or the associated facilities, and
d
effects from services provided at the airport or the associated facilities.
7
Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the carrying out by the CAA of its functions under this Chapter.
Secretary of State’s general duty
2
1
The Secretary of State must carry out the functions listed in subsection (3) in a manner which the Secretary of State considers will further the interests of users of air transport services regarding the range, availability, continuity, cost and quality of airport operation services.
2
The Secretary of State must do so, where appropriate, by carrying out the functions in a manner which the Secretary of State considers will promote competition in the provision of airport operation services.
3
Those functions are —
a
the Secretary of State’s functions under this Chapter, and
b
the Secretary of State’s functions under Chapter 3, other than the functions under sections 66 (3) and 68 (6) .
4
In performing the duties under subsections (1) and (2) the Secretary of State must have regard to —
a
the need to secure that each holder of a licence under this Chapter is able to finance its provision of airport operation services in the area for which the licence is granted,
b
the need to secure that all reasonable demands for airport operation services are met,
c
the need to promote economy and efficiency on the part of each holder of a licence under this Chapter in its provision of airport operation services at the airport to which the licence relates,
d
the need to secure that each holder of a licence under this Chapter is able to take reasonable measures to reduce, control or mitigate the adverse environmental effects of the airport to which the licence relates, facilities used or intended to be used in connection with that airport (“associated facilities”) and aircraft using that airport, and
e
the principles in subsection (5) .
5
Those principles are that —
a
regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
b
regulatory activities should be targeted only at cases in which action is needed.
6
If, in a particular case, the Secretary of State considers that there is a conflict —
a
between the interests of different classes of user of air transport services, or
b
between the interests of users of air transport services in different matters mentioned in subsection (1) ,
the duty under subsection (1) is to carry out the functions in a manner which the Secretary of State considers will further such of those interests as the Secretary of State thinks best.
7
For the purposes of subsection (4)(d) the environmental effects of the airport, associated facilities and aircraft include the effects mentioned in section 1 (6) .
Prohibition
Prohibition
3
1
Subsection (2) applies where for a period —
a
a person (“P”) is the operator of an airport area (“area A”) that is a dominant area or part of a dominant area,
b
area A is located at a dominant airport, and
c
P does not have a licence in respect of area A.
2
The persons mentioned in subsection (3) may not require a person to pay a relevant charge in respect of airport operation services that are provided during that period in —
a
area A, or
b
any other area that forms part of the same airport and in respect of which P is the operator and does not have a licence.
3
Those persons are —
a
P,
b
a person who is connected to P,
c
a person to whom P or a person connected to P has assigned the right to require payment of the charge, and
d
a person acting on behalf of a person within paragraph (a) , (b) or (c) .
4
If a person requires payment of charges in contravention of subsection (2) —
a
the charge is not recoverable by the person, and
b
if paid, the charge is recoverable from the person.
5
A charge is not irrecoverable under subsection (4)(a) or recoverable under subsection (4)(b) by reason of —
a
the invalidity of a market power determination (and the consequent continuation in effect of a previous market power determination), or
b
the invalidity of an operator determination,
if it is a charge in respect of services provided before invalidity is finally determined in legal proceedings.
6
Subsection (5) applies —
a
whether or not the charge is required to be paid before the final determination of invalidity, and
b
whether or not the charge is paid before that determination.
7
The CAA may enforce subsection (2) in civil proceedings for an injunction or, in Scotland, an interdict.
8
In this section “relevant charge” means any charge other than —
a
a penalty payable by virtue of section 38C of the Civil Aviation Act 1982 (breaches of noise control schemes),
b
a penalty payable by virtue of section 78A of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes), or
c
a charge payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services).
Prohibition: exemption
4
1
This section applies if a person who is the operator of an airport area (“area A”) on a day on which area A becomes a dominant area located at a dominant airport, or part of such an area, does not have a licence in respect of area A on that day.
2
For the purposes of section 3, the person is to be treated as having a licence in respect of area A during the preliminary period.
3
The preliminary period begins for area A on the day mentioned in subsection (1) .
4
The preliminary period ends for area A when one of the following occurs —
a
a licence is granted to the person in respect of area A or an area that includes all of area A;
b
the CAA publishes a notice of its decision to refuse to grant a licence to the person in respect of area A;
c
the person ceases to be the operator of area A;
d
area A ceases to be a dominant area or part of a dominant area;
e
the airport at which area A is located ceases to be a dominant airport.
5
If subsection (4)(a) , (b) , (c) or (d) is satisfied in relation to a part of area A, the preliminary period ends for that part of the area.
Dominant airports
Dominant areas and dominant airports
5
1
For the purposes of this Part, an airport area is dominant if the CAA has —
a
made a determination that the market power test is met in relation to the area (see section 6), and
b
published a notice of the determination.
2
For the purposes of this Part, an airport is dominant if all or part of its core area is a dominant area or part of a dominant area.
3
In this Part —
“airport area” means an area that consists of or forms part of an airport;
“area” includes an area of land, a building or other structure and a part of a building or other structure.
4
In this Part “core area”, in relation to an airport, means —
a
the land, buildings and other structures used for the purposes of the landing, taking off, manoeuvring, parking and servicing of aircraft at the airport,
b
the passenger terminals, and
c
the cargo processing areas,
(subject to regulations under section 66).
5
In subsection (1) the reference to a determination does not include a determination that has ceased to have effect (see section 7 (9) and (10) ).
Market power test
6
1
The market power test is met in relation to an airport area if tests A to C are met by or in relation to the relevant operator.
2
For the purposes of tests A to C “the relevant operator” means the person who is the operator of the airport area at the time the test is applied.
3
Test A is that the relevant operator has, or is likely to acquire, substantial market power in a market, either alone or taken with such other persons as the CAA considers appropriate (but see subsections (6) and (7) ).
4
Test B is that competition law does not provide sufficient protection against the risk that the relevant operator may engage in conduct that amounts to an abuse of that substantial market power.
5
Test C is that, for users of air transport services, the benefits of regulating the relevant operator by means of a licence are likely to outweigh the adverse effects.
6
Test A is met only if —
a
the market is a market for one or more of the types of airport operation service provided in the airport area (or for services that include one or more of those types of service), and
b
geographically the market consists of or includes all or part of the airport area.
7
In relation to an airport area that includes all or part of the core area of an airport (as well as all or part of the rest of the airport), subsection (6) has effect as if the references to the airport area were references to the core area or, as appropriate, the part of the core area.
8
For the purposes of test B conduct may, in particular, amount to an abuse of substantial market power if it is conduct described in section 18(2)(a) to (d) of the Competition Act 1998.
9
In test B “competition law” means —
a
Articles 101 and 102 of the TFEU ,
b
Part 1 of the Competition Act 1998, and
c
Part 4 of the Enterprise Act 2002 (market investigations).
10
In applying tests A to C, the CAA must have regard to —
a
relevant notices and guidance published by the European Commission about the application and enforcement of the prohibitions in Articles 101 and 102 of the TFEU;
b
relevant advice and information published under section 52 of the Competition Act 1998 (advice and information about the application and enforcement of the prohibitions in Part 1 of that Act and Articles 101 and 102 of the TFEU);
c
relevant advice and information published under section 171 of the Enterprise Act 2002 (advice and information about the operation of Part 4 of that Act).
11
In this section “the TFEU” means the Treaty on the Functioning of the European Union.
Market power determinations
7
1
The CAA may make a determination that the market power test is or is not met in relation to an airport area (a “market power determination”) whenever it considers it appropriate to do so.
2
The CAA must make a market power determination in respect of an airport area if —
a
it is asked to do so by a person listed in subsection (3) ,
b
the area is located at an airport that is a large airport at the time the request is made, and
c
the area consists of or includes all or part of the core area of the airport.
3
Those persons are —
a
the operator of the airport area, and
b
any other person whose interests are likely to be materially affected by the determination.
4
For the purposes of subsection (2)(b) , an airport is a large airport during a calendar year if, in the previous calendar year, the number of passenger movements at the airport exceeded 5 million.
5
Subsection (2) does not apply if —
a
the CAA has previously made a market power determination in respect of the airport area (or an area that includes all of the airport area), and
b
it considers that there has not been a material change of circumstances since that determination.
6
The CAA may treat a request under subsection (2) in respect of an airport area (“area A”) as if it were —
a
a number of requests in respect of a number of airport areas that consist of or include different parts of area A, or
b
a request in respect of an area that includes all of area A.
7
When choosing an airport area that is to be the subject of a market power determination, the CAA must have regard to the market or markets that are relevant for the purposes of test A (see section 6 (3) ).
8
The CAA may, in particular —
a
make separate market power determinations in respect of different areas which are located at the same airport and have the same relevant operator (within the meaning of section 6 (2) );
b
make a market power determination in respect of an airport area that consists of two or more areas that are not adjacent if the areas are located at the same airport.
9
A market power determination in respect of an airport area ceases to have effect if the CAA publishes a notice of a further market power determination in respect of the airport area or in respect of an area that includes all of the airport area.
10
Where the CAA —
a
publishes a notice of a market power determination in respect of an airport area (“determination A”), and
b
subsequently publishes a notice of a market power determination in respect of part of the airport area or in respect of an area that includes part of the airport area,
determination A ceases to have effect in relation to that part (but continues to have effect in relation to the rest of the airport area).
11
In this section “passenger movements” has the same meaning as in Directive 2009/12/ EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
Publication of market power determinations
8
1
As soon as practicable after making a market power determination the CAA must —
a
publish a notice of the determination, and
b
send a copy of the notice to each person listed in subsection (2) .
2
Those persons are —
a
the operator of the airport area that is the subject of the determination,
b
if the CAA was required by section 7 (2) to make the determination, any other person who requested the determination, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
3
If the notice does not include the CAA’s reasons for the determination, the CAA must as soon as practicable after publishing the notice —
a
publish its reasons, and
b
send a copy of them to each person listed in subsection (2) .
Operators of areas
9
1
For the purposes of this Part, a person is the operator of an airport area if the person has overall responsibility for the management of all of the area.
2
The Secretary of State may by regulations make provision about when a person is or is not to be treated for the purposes of this Part as having overall responsibility for the management of an airport area.
3
The regulations may, in particular, make provision for determining which person has overall responsibility for the management of an airport area where more than one person controls or may control the matters listed in subsection (4) to some extent.
4
Those matters are —
a
the types of services that are or may be provided in the area,
b
the prices that are or may be charged for services provided in the area,
c
the quality of services provided in the area,
d
access to the area, and
e
the development of the area.
5
The regulations have effect subject to operator determinations by the CAA under section 10.
Operator determinations
10
1
The CAA may determine whether, in a particular case, a person has overall responsibility for the management of an airport area.
2
A determination under subsection (1) is an “operator determination” for the purposes of this Part if the CAA states in the determination that it is made for the purposes of this section.
3
If the CAA publishes a notice of an operator determination in respect of a person, the person is to be treated for the purposes of this Part as having or not having overall responsibility for the management of the airport area in accordance with the determination until the CAA publishes a notice withdrawing it.
4
When making an operator determination in respect of a person, the CAA must have regard, in particular, to —
a
regulations under section 9, and
b
the extent to which the person controls or may control the matters listed in section 9 (4) .
5
The CAA must make an operator determination in respect of a person and an area that consists of or forms part of a dominant airport if it is asked to do so by the person.
6
Subsection (5) does not apply if —
a
the CAA has previously made an operator determination to the effect that the person requesting the determination does or does not have overall responsibility for the management of the airport area,
b
it has not published a notice withdrawing that determination, and
c
it considers that there has not been a material change of circumstances since that determination.
7
Subsection (5) does not apply if the CAA considers that it is possible to ascertain whether the person has overall responsibility for the management of the area from —
a
information that is in the public domain, and
b
information that is in the person’s custody or under the person’s control.
8
The CAA may treat a request under subsection (5) in respect of an airport area (“area A”) as if it were —
a
a number of requests in respect of a number of airport areas that consist of or include different parts of area A, or
b
a request in respect of an area that includes all of area A.
Publication of operator determinations
11
1
As soon as practicable after making an operator determination the CAA must —
a
publish a notice of the determination, and
b
send a copy of the notice to each person listed in subsection (2) .
2
Those persons are —
a
the person in respect of whom the determination was made, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
3
The notice of the determination must include the statement under section 10 (2) .
4
As soon as practicable after withdrawing an operator determination the CAA must —
a
publish a notice of the withdrawal, and
b
send a copy of the notice to each person listed in subsection (2) .
5
If a notice under subsection (1) or (4) does not include the CAA’s reasons for the determination or withdrawal, the CAA must as soon as practicable after publishing the notice —
a
publish its reasons, and
b
send a copy of them to each person listed in subsection (2) .
Advance determinations
12
1
The CAA may make a market power determination or an operator determination based entirely or partly on circumstances that have not arisen at the time the determination is made.
2
The CAA must specify the circumstances in the determination.
3
The CAA may make a determination in reliance on subsection (1) only if it considers that the specified circumstances are likely to arise.
4
Sections 8 and 11 do not require the CAA to publish or send a copy of a notice of a determination made in reliance on subsection (1) , or reasons for such a determination, at a time when —
a
the circumstances specified in the determination have not arisen, and
b
it considers that doing so would involve disclosing commercially sensitive information.
5
If a notice of a market power determination made in reliance on subsection (1) is published before the circumstances specified in the determination arise —
a
an airport area or airport is not dominant by virtue of the determination until those circumstances arise, and
b
a previous market power determination which would otherwise cease to have effect by virtue of section 7 (9) or (10) continues to have effect until those circumstances arise.
6
If a notice of an operator determination made in reliance on subsection (1) is published before the circumstances specified in the determination arise, a person is not to be treated as having or not having overall responsibility for the management of an airport area by virtue of the determination until those circumstances arise.
Appeals against determinations
13
Schedule 1 (appeals against determinations) has effect.
Licences
Application for licence
14
1
An application for a licence —
a
must be made in the specified form and manner,
b
must contain or be accompanied by the specified information, and
c
must be published by the applicant in the specified form and manner and within a period notified to the applicant by the CAA.
2
On an application made and published in accordance with subsection (1) , the CAA must —
a
grant the licence (see section 15), or
b
refuse to grant the licence (see section 16),
unless the application is withdrawn.
3
Subsection (4) applies if a person who is the operator of an airport area (“area A”) on a day on which area A becomes a dominant area located at a dominant airport, or part of such an area, does not have a licence in respect of area A on that day.
4
The person is to be treated as having made and published an application for such a licence in accordance with subsection (1) .
5
In subsection (1) “specified” means specified by the CAA.
6
The CAA must publish a copy of the matters specified for the purposes of subsection (1) .
Granting licence
15
1
Before granting a licence the CAA must —
a
publish a notice in relation to the proposed licence,
b
send a copy of the notice to the persons listed in subsection (2) , and
c
consider any representations about the proposal to grant the licence, including the proposed conditions, that are made in the period specified in the notice (and not withdrawn).
2
Those persons are —
a
the applicant for the licence, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
3
A notice under subsection (1) must —
a
state that the CAA proposes to grant the licence to the applicant,
b
specify the airport area for which it is to be granted,
c
specify the airport at which the area is located,
d
specify the conditions proposed to be included in the licence,
e
give the CAA’s reasons for the proposed conditions, and
f
specify a reasonable period for making representations.
4
The CAA may withdraw a notice under subsection (1) at any time.
5
If, after complying with subsections (1) to (3) , the CAA decides to grant the licence, it must —
a
publish a copy of the licence and a notice in relation to the licence, and
b
send a copy of the licence and the notice to the persons listed in subsection (2) .
6
The CAA is not to be treated as having complied with subsections (1) to (3) in relation to a licence granted to an applicant for an area if the conditions included in the licence when it is granted differ significantly from the conditions proposed in the notice under subsection (1) relating to the applicant and the area (or, if more than one, the latest such notice).
7
A notice under subsection (5) must —
a
specify the date from which the licence comes into force (subject to subsection (9) ),
b
give the CAA’s reasons for the conditions included in the licence,
c
state how it has taken account of any representations made in the period specified in the notice under subsection (1) , and
d
state the reason for any differences between the conditions included in the licence and those proposed in the notice under subsection (1) .
8
The date specified under subsection (7)(a) must be a date falling after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published.
9
If the CAA grants a licence to a person in respect of an airport area at a time when the person is not the operator of any part of the area, the licence does not come into force until the person becomes the operator of all or part of the area.
Refusing to grant licence
16
1
The CAA may refuse to grant a licence for an airport area if —
a
the CAA considers that the applicant is not the operator of the area and is not likely to become the operator of the area,
b
the area is not a dominant area (or part of a dominant area) and the CAA considers that it is not likely to become a dominant area (or part of a dominant area),
c
the airport at which the area is located is not a dominant airport and the CAA considers that it is not likely to become a dominant airport,
d
the applicant is a person falling within subsection (2) , or
e
the applicant is connected to a person falling within subsection (2) .
2
A person falls within this subsection if —
a
the person has previously held a licence in respect of the airport area that is the subject of the application or an area that included all or part of that airport area, and
b
the licence was revoked in accordance with a relevant provision of the licence.
3
For the purposes of subsection (2)(b) a provision is a relevant provision of the licence if it states that revocation of the licence entirely or partly in reliance on that provision is relevant for the purposes of this section.
4
Before refusing to grant a licence, the CAA must —
a
publish a notice in relation to the proposed refusal,
b
send a copy of the notice to the persons listed in subsection (5) , and
c
consider any representations about the proposed refusal that are made in the period specified in the notice (and not withdrawn).
5
Those persons are —
a
the applicant for the licence, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
6
A notice under subsection (4) must —
a
state that the CAA proposes to refuse to grant the licence,
b
specify the airport area in respect of which the application was made,
c
specify the airport at which the area is located, and
d
give the CAA’s reasons for the proposed refusal.
7
The period specified in the notice must be a period of not less than 30 days beginning with the day on which the notice is published.
8
The CAA may withdraw a notice under subsection (4) at any time.
9
If, after complying with subsections (4) to (7) , the CAA decides to refuse to grant the licence, it must —
a
publish a notice of its decision, and
b
send a copy of the notice to the persons listed in subsection (5) .
10
A notice under subsection (9) must —
a
specify the airport area in respect of which the application was made,
b
specify the airport at which the area is located, and
c
give the CAA’s reasons for the refusal.
Content and effect of licence
17
1
A licence must include provision specifying —
a
the airport area for which it is granted, and
b
the airport at which the area is located.
2
The specified area may consist of two or more separate areas if they form part of the same airport.
3
References in this Part to licence conditions do not include provision mentioned in subsection (1) .
4
A licence must —
a
include provision about the circumstances in which it may be revoked by the CAA, and
b
provide that it may be revoked only in accordance with section 48.
5
References in this Part to licence conditions include provision mentioned in subsection (4) , except in section 21 (6) .
6
A licence continues in force until it is revoked in accordance with its provisions.
7
A licence is not valid unless it is in writing.
8
A licence is not transferable.
Licence conditions
Licence conditions
18
1
A licence may include —
a
such conditions as the CAA considers necessary or expedient having regard to the risk that the holder of the licence may engage in conduct that amounts to an abuse of substantial market power in a market for airport operation services (or for services that include airport operation services), and
b
such other conditions as the CAA considers necessary or expedient having regard to the CAA’s duties under section 1.
2
For the purposes of this section conduct may, in particular, amount to an abuse of substantial market power if it is conduct described in section 18(2)(a) to (d) of the Competition Act 1998.
Price control conditions
19
1
For the purposes of this Part a licence condition is a price control condition to the extent that it regulates prices by —
a
providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition, or
b
requiring the amount, or maximum amount, that may be charged to be approved by the CAA.
2
A licence must include such price control conditions as the CAA considers necessary or expedient having regard to the risk referred to in section 18 (1)(a) .
3
The duty in subsection (2) has effect subject to —
a
the provision in this Chapter about the conditions that may be included in the licence,
b
the provision in this Chapter about granting licences, and
c
the provision in this Chapter and in the licence about modifying licence conditions.
4
Subsection (5) applies where the CAA considers that the holder (“H”) of a licence for an airport area engaged in conduct amounting to an abuse of substantial market power by directly or indirectly imposing unfairly high charges in respect of activities carried on in the airport area during —
a
a period during which H was treated as having a licence in respect of the area by virtue of section 4;
b
a period during which H would have been so treated but for the suspension of a market power determination or operator determination under Schedule 1.
5
The licence may include such price control conditions as the CAA considers appropriate for the purpose of depriving the holder of the licence of an amount not exceeding the amount which the CAA considers was earned from the abuse during that period.
6
A price control condition may make provision —
a
by reference to the amount charged for particular goods or services;
b
by reference to the overall amount charged for a range of goods or services.
7
A licence that includes a price control condition must include conditions specifying a period or periods for which the price control condition has effect.
Conditions relating to CAA charges
20
1
A licence may include conditions requiring the payment to the CAA of charges determined under a scheme or regulations made under section 11 of the Civil Aviation Act 1982 in respect of the carrying out of the CAA’s functions under this Chapter.
2
Such conditions may require the payment of charges on the grant of the licence or while it continues in force (or both).
3
The inclusion of such conditions does not prevent the CAA recovering charges mentioned in subsection (1) as a debt due to it.
Content and effect of licence conditions
21
1
Licence conditions may, in particular, include —
a
provision for a condition to have effect or to cease to have effect at times or in circumstances specified in, or determined in accordance with, a condition,
b
provision requiring the holder of the licence to enter into a contract or other arrangement for a purpose specified in a condition and on terms specified in, or determined in accordance with, a condition,
c
provision requiring the holder of the licence to comply with requirements imposed (by directions or otherwise) by a specified person,
d
provision requiring the holder of the licence to do or not to do things specified, or of a description specified, in the licence unless a specified person consents to its not doing or doing those things,
e
provision requiring the holder of the licence to refer a matter to a specified person for approval or determination, and
f
provision relating to activities carried on outside the airport area for which the licence is granted.
2
In subsection (1) the references to a specified person are to —
a
a person specified, or of a description specified, in a condition for the purpose concerned, and
b
a person nominated for the purpose concerned by a person within paragraph (a) .
3
A licence condition may include provision for its modification only if it specifies or describes —
a
the circumstances in which it may be modified,
b
the types of modification that may be made, and
c
the period or periods in which it may be modified.
4
If a licence condition includes such provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions.
5
Where a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, the licence may not —
a
provide for the exception to cease to have effect at times or in circumstances specified in, or determined in accordance with, a licence condition, or
b
provide for the CAA to determine which financial arrangements benefit from the exception.
6
A licence condition does not have effect at a time when —
a
the holder of the licence is not the operator of any part of the airport area for which the licence is granted, or
b
that airport area is not a dominant area located at a dominant airport (or part of such an area) and does not include all or part of such an area,
and provision included in a licence under subsection (1)(a) has effect subject to this subsection.
Modifying licences
Modifying licence conditions and licence area
22
1
The CAA may modify a licence by modifying —
a
the licence conditions, or
b
the area for which the licence is granted,
subject to section 23.
2
Before modifying a licence in reliance on this section, the CAA must —
a
publish a notice in relation to the proposed modification,
b
send a copy of the notice to the persons listed in subsection (3) , and
c
consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).
3
Those persons are —
a
the holder of the licence, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
4
The notice under subsection (2) must —
a
state that the CAA proposes to modify the licence,
b
specify the proposed modification,
c
give the CAA’s reasons for the proposed modification,
d
state the effect of the proposed modification, and
e
specify a reasonable period for making representations.
5
If, after publishing the notice under subsection (2) , the CAA decides not to modify the licence in reliance on this section, the CAA must —
a
publish a notice, giving its reasons, and
b
send a copy of the notice to the persons listed in subsection (3) .
6
If, after complying with subsections (2) to (4) in relation to a modification, the CAA decides to modify the licence in reliance on this section, the CAA must —
a
publish a notice in relation to the modification, and
b
send a copy of the notice to the persons listed in subsection (3) .
7
The CAA is not to be treated as having complied with subsections (2) to (4) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (2) .
8
The notice under subsection (6) must —
a
specify the modification,
b
specify the date from which the modification has effect (subject to paragraphs 7 , 8 and 12 to 14 of Schedule 2),
c
give the CAA’s reasons for the modification,
d
state the effect of the modification,
e
state how it has taken account of any representations made in the period specified in the notice under subsection (2) , and
f
state the reason for any differences between the modifications and those set out in the notice given under subsection (2) .
9
In the case of a modification of a licence condition, the date specified under subsection (8)(b) must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (6) was published (subject to paragraph 21(2) of Schedule 2).
Restriction on power to modify
23
1
This section applies where —
a
a licence condition is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements specified or described in the licence,
b
the financial arrangements were entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force, and
c
the CAA proposes to modify the licence by removing or restricting the exception.
2
The CAA may not make such a modification unless it has determined that —
a
there has been a material change of circumstances since the day on which the exception was included in the licence condition, and
b
for users of air transport services, the benefits of the modification are likely to outweigh any adverse effects.
3
On or before the day on which it publishes a notice under section 22(2) in respect of a proposal to make such a modification, the CAA must —
a
publish a notice of its determination under subsection (2) of this section, giving its reasons for the determination, and
b
send a copy of the notice to the persons listed in subsection (4) .
4
Those persons are —
a
the holder of the licence, and
b
such bodies representing airport operators or providers of transport services as the CAA considers appropriate.
5
For the purposes of subsection (1)(b) , financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.
6
In subsection (2) “material change of circumstances” includes a material change in the terms of the financial arrangements.
Appeals against licence conditions etc
Appeal to Competition Commission: conditions of new licences
24
1
An appeal lies to the Competition Commission against a decision by the CAA under section 15 to include, or not to include, a condition in a licence when it is granted.
2
An appeal may be brought under this section only by —
a
the holder of the licence, or
b
a provider of air transport services whose interests are materially affected by the decision.
3
An appeal may be brought under this section only with the permission of the Competition Commission.
4
An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.
5
The Competition Commission may refuse permission to appeal under this section only on one of the following grounds —
a
that the appeal is brought for reasons that are trivial or vexatious, or
b
that the appeal does not have a reasonable prospect of success.
Appeal to Competition Commission: modification of licence conditions
25
1
An appeal lies to the Competition Commission against a decision by the CAA to modify a licence condition under section 22.
2
An appeal may be brought under this section only by —
a
the holder of the licence, or
b
a provider of air transport services whose interests are materially affected by the decision.
3
An appeal may be brought under this section only with the permission of the Competition Commission.
4
An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.
5
The Competition Commission may refuse permission to appeal under this section only on one of the following grounds —
a
that the appeal is brought for reasons that are trivial or vexatious,
b
that the appeal does not have a reasonable prospect of success, or
c
that subsection (6) is satisfied.
6
This subsection is satisfied if the appeal is brought —
a
against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under section 24 or this section, and
b
on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.
7
In subsection (6) , in relation to an applicant, “relevant connected person” means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the Competition Commission.
When appeals may be allowed
26
The Competition Commission may allow an appeal under section 24 or 25 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds —
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
Determination of appeal
27
1
Where it does not allow an appeal under section 24 or 25, the Competition Commission must confirm the decision appealed against.
2
Where it allows an appeal under section 24 or 25, the Competition Commission must do one or more of the following —
a
quash the decision appealed against;
b
remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the Commission;
c
substitute its own decision for that of the CAA.
3
Where it allows only part of an appeal under section 24 or 25 —
a
subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and
b
subsection (1) applies in relation to the rest of that decision.
4
Where the Competition Commission substitutes its own decision for that of the CAA, the Commission may give directions to —
a
the CAA, and
b
the holder of the licence.
5
The Competition Commission must not give a direction under this section that requires a person to do anything that the person would not have power to do apart from the direction.
6
A person to whom a direction is given under this section must comply with it.
7
A direction given under this section to a person other than the CAA is enforceable —
a
in England and Wales and Northern Ireland, as if it were an order of the High Court, and
b
in Scotland, as if it were an order of the Court of Session.
Determination of appeal: time limits
28
1
The Competition Commission must determine an appeal under section 24 or 25 against a decision in respect of a licence within the period of 24 weeks beginning with the day on which the CAA published the relevant notice, subject to subsections (3) to (6) .
2
In subsection (1) “the relevant notice” means —
a
in the case of an appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and
b
in the case of an appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the appeal.
3
The Competition Commission may extend the appeal period by not more than 8 weeks if it is satisfied that there are good reasons for doing so.
4
The Competition Commission may only extend the appeal period once in reliance on subsection (3) .
5
The Competition Commission may extend the appeal period by such period as it considers appropriate if —
a
there is an appeal to the Competition Appeal Tribunal under this Chapter which the Commission considers may be relevant to the appeal under section 24 or 25, and
b
the appeal to the Tribunal has not been determined or withdrawn.
6
The Competition Commission may extend the appeal period more than once in reliance on subsection (5) .
7
If the Competition Commission extends the appeal period it must —
a
publish a notice stating the new time limit for determining the appeal, and
b
send a copy of the notice to the persons listed in subsection (8) .
8
Those persons are —
a
the holder of the licence which is the subject of the appeal,
b
if the appeal was brought by someone other than the holder of that licence, the appellant,
c
any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 35(4) of Schedule 2),
d
such bodies representing airport operators or providers of air transport services as the Competition Commission considers appropriate, and
e
the CAA.
9
The Secretary of State may by regulations modify the periods of time specified in this section.
10
In this section “the appeal period”, in relation to an appeal under section 24 or 25, means the period allowed for determining the appeal.
Determination of appeal: publication etc
29
1
A determination made by the Competition Commission on an appeal under section 24 or 25 —
a
must be contained in an order made by the Commission, and
b
takes effect at the time specified in the order or determined in accordance with the order.
2
The order must set out the reasons for the determination.
3
The Competition Commission must —
a
publish the order as soon as practicable after the determination is made, and
b
send a copy of the order to the persons listed in subsection (4) .
4
Those persons are —
a
the holder of the licence which is the subject of the appeal,
b
if the appeal was brought by someone other than the holder of that licence, the appellant,
c
any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 35(4) of Schedule 2),
d
such bodies representing airport operators or providers of air transport services as the Competition Commission considers appropriate, and
e
the CAA.
5
The Competition Commission may exclude from publication under subsection (3) any information which it is satisfied is —
a
commercial information, the disclosure of which would, or might in the Commission’s opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
b
information relating to the private affairs of an individual, the disclosure of which would, or might in the Commission’s opinion, significantly harm the individual’s interests.
6
The CAA must take such steps as it considers requisite for it to comply with the order.
7
The steps must be taken —
a
if a time is specified in the order or is to be determined in accordance with the order, within that time, and
b
otherwise, within a reasonable time.
Procedure on appeals
30
1
Schedule 2 (appeals under sections 24 and 25) has effect.
2
In carrying out the functions listed in subsection (3) the Competition Commission must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
3
Those functions are —
a
deciding an application for permission to appeal under section 24 or 25,
b
deciding an application under Schedule 2 for permission to intervene in an appeal, and
c
determining an appeal under section 24 or 25, including taking decisions and giving directions described in section 27.
4
The functions of the Competition Commission under this Chapter are not to be regarded as comprised in its general functions for the purposes of Part 2 of Schedule 7 to the Competition Act 1998 (manner in which general functions are to be carried out).
Enforcement of licence conditions
Contravention notice
31
1
The CAA may give a notice under this section (a “contravention notice”) to a person if it has reasonable grounds for believing that the person is contravening, or has contravened, a licence condition.
2
A contravention notice must —
a
specify the condition and contravention in respect of which it is given,
b
explain the action that the CAA may take under this Chapter in connection with the contravention, and
c
explain that representations may be made about the matters in the notice before the end of the period specified in the notice.
3
The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to subsection (4) .
4
The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.
5
A contravention notice is given to a person in respect of a repeated contravention if, in the period of 2 years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the person of the same condition —
a
gave the person a contravention notice;
b
gave the person an enforcement order;
c
gave the person an urgent enforcement order;
d
imposed a penalty on the person under section 39 or 40.
6
The CAA may extend the period specified in a contravention notice given to a person on one or more occasions by giving a notice to that person.
7
The CAA may withdraw a contravention notice given to a person at any time by giving a notice to the person that includes its reasons for doing so.
8
As soon as practicable after giving a notice under subsection (1) , (6) or (7) , the CAA must —
a
publish the notice, and
b
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
9
A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.
10
In this Part “representation period”, in connection with a contravention notice, means —
a
the period specified in the contravention notice for making representations, or
b
where the period has been extended in accordance with subsection (6) , the extended period.
Restrictions on giving contravention notices
32
1
If the CAA gives a person a contravention notice or an urgent enforcement order (see section 35) in respect of a contravention, it may not subsequently give the person a contravention notice in respect of the same contravention.
2
Subsection (1) does not apply if —
a
the CAA withdraws the first contravention notice without imposing a penalty on the person under section 39, or
b
the CAA revokes the urgent enforcement order without imposing a penalty on the person under section 40.
3
Subsection (1) does not prevent the CAA giving a person more than one contravention notice, or a contravention notice and an urgent enforcement order, in respect of —
a
contraventions of the same condition in different ways, or
b
contraventions of the same condition at different times or during different periods.
Enforcement order
33
1
The CAA may give an order under this section (an “enforcement order”) to a person if —
a
it has given the person a contravention notice (and has not withdrawn it),
b
the representation period has ended,
c
it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and
d
subsection (2) or (3) is satisfied.
2
This subsection is satisfied if the CAA has determined that the person is contravening a condition specified in the contravention notice in one or more of the ways specified in the notice.
3
This subsection is satisfied if the CAA has determined that the person —
a
has contravened a condition specified in the contravention notice in one or more of the ways specified in the notice, and
b
did not, before the end of the representation period, take all of the appropriate steps mentioned in subsection (6)(b) .
4
An enforcement order must —
a
specify the condition and contravention in respect of which it is given,
b
require the person to take such of the appropriate steps as are specified in the order,
c
specify a reasonable period within which the steps must be taken, and
d
give the CAA’s reasons for giving the order.
5
As soon as practicable after giving an enforcement order, the CAA must —
a
publish the order, and
b
send a copy of the order to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
6
In this section “the appropriate steps”, in relation to a contravention of a condition, means the steps that the CAA has determined are appropriate —
a
for complying with the condition, and
b
for remedying the consequences of the contravention.
Enforcement order: modification and revocation
34
1
The CAA may —
a
modify an enforcement order with the agreement of the person to whom it was given, or
b
revoke an enforcement order.
2
Before modifying or revoking the order, the CAA must —
a
publish a notice in relation to the proposed modification or revocation,
b
send a copy of the notice to the person to whom the order was given, and
c
consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
3
The notice under subsection (2) must —
a
state that the CAA proposes to modify or revoke the order,
b
specify the proposed modification (if relevant),
c
give the CAA’s reasons for the modification or revocation, and
d
specify a reasonable period for making representations.
4
As soon as practicable after modifying or revoking an enforcement order, the CAA must —
a
publish a notice giving details of the modification or revocation, and
b
send a copy of the notice to the persons listed in subsection (5) .
5
Those persons are —
a
the person to whom the enforcement order was given, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Urgent enforcement order
35
1
The CAA may give an order under this section (an “urgent enforcement order”) to a person if subsection (2) or (3) is satisfied.
2
This subsection is satisfied if the CAA has reasonable grounds for believing that —
a
the person is contravening, or has contravened, a licence condition,
b
the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem for users of air transport services, for a class of user of such services or for a relevant service provider, and
c
it is appropriate to give the urgent enforcement order to prevent, remove or reduce that problem or risk.
3
This subsection is satisfied if the CAA has reasonable grounds for believing that —
a
the person is likely to contravene a licence condition,
b
the contravention is likely to result in, or create an immediate risk of, a problem described in subsection (2)(b) , and
c
it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.
4
An urgent enforcement order must —
a
specify the condition and contravention in respect of which it is given,
b
require the person to take such of the appropriate steps as are specified in the order,
c
specify a reasonable period within which the steps must be taken, and
d
give the CAA’s reasons for giving the order.
5
As soon as practicable after giving an urgent enforcement order, the CAA must —
a
publish the order, and
b
send a copy of the order to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
6
In this section “the appropriate steps” means —
a
in relation to a contravention of a condition that has occurred or is occurring, the steps that the CAA has determined are appropriate —
i
for complying with the condition, and
ii
for remedying the consequences of the contravention, and
b
in relation to a contravention of a condition that is likely to occur, the steps that the CAA has determined are appropriate for securing that the contravention does not occur.
7
In this section “relevant service provider” means a person, other than the person to whom the urgent enforcement order is to be given, who provides services at the airport at which, or in connection with which, the contravention occurred, is occurring or is likely to occur.
Urgent enforcement order: confirmation
36
1
As soon as practicable after giving an urgent enforcement order, the CAA must —
a
confirm the order, or
b
revoke the order (see section 37).
2
The CAA may confirm an urgent enforcement order with or without modifications.
3
The CAA may confirm an urgent enforcement order given in reliance on section 35 (2) only if it has determined that —
a
the person is contravening, or has contravened, a licence condition specified in the order in one or more of the ways specified in the order,
b
the contravention has resulted in, or creates an immediate risk of, a problem described in section 35 (2)(b) , and
c
it is appropriate to confirm the urgent enforcement order, with any modifications, to prevent, remove or reduce that problem or risk.
4
The CAA may confirm an urgent enforcement order given in reliance on section 35 (3) only if it has determined —
a
that paragraphs (a) to (c) of subsection (3) of this section are satisfied, or
b
that —
i
the person is likely to contravene a licence condition specified in the order in one or more of the ways specified in the order,
ii
the contravention is likely to result in, or create an immediate risk of, a problem described in section 35 (2)(b) , and
iii
it is appropriate to confirm the urgent enforcement order, with any modifications, in order to prevent, or reduce the likelihood of, that problem or risk arising.
5
Before confirming an urgent enforcement order, the CAA must —
a
publish a notice in relation to the proposal to confirm the order,
b
send a copy of the notice to the person to whom the order was given, and
c
consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
6
The notice under subsection (5) must —
a
state that the CAA proposes to confirm the order,
b
specify any proposed modifications of the order,
c
give the CAA’s reasons for confirming the order and for any modifications, and
d
specify a reasonable period for making representations.
7
As soon as practicable after confirming an urgent enforcement order, the CAA must —
a
publish a notice giving details of the confirmation, including any modifications of the order, and
b
send a copy of the notice to the persons listed in subsection (8) .
8
Those persons are —
a
the person to whom the urgent enforcement order was given, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Urgent enforcement order: modification and revocation
37
1
The CAA may —
a
modify an urgent enforcement order with the agreement of the person to whom it was given, or
b
revoke an urgent enforcement order.
2
Before modifying or revoking the order, the CAA must —
a
publish a notice in relation to the proposed modification or revocation,
b
send a copy of the notice to the person to whom the order was given, and
c
consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
3
The notice under subsection (2) must —
a
state that the CAA proposes to modify or revoke the order,
b
specify the proposed modification (if relevant),
c
give the CAA’s reasons for the modification or revocation, and
d
specify a reasonable period for making representations.
4
As soon as practicable after modifying or revoking an urgent enforcement order, the CAA must —
a
publish a notice giving details of the modification or revocation, and
b
send a copy of the notice to the persons listed in subsection (5) .
5
Those persons are —
a
the person to whom the urgent enforcement order was given, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
6
Nothing in this section restricts, or applies in relation to the exercise of, the CAA’s power under section 36 to modify an urgent enforcement order when confirming the order.
Civil proceedings
38
1
A person who is given an enforcement order must comply with it (unless it is revoked).
2
The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.
3
A person who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).
4
The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.
5
Where a duty is owed to a person under subsection (2) or (4) , the following are actionable by the person —
a
a breach of the duty that causes the person to sustain loss or damage, and
b
an act that —
i
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
ii
is done entirely or partly for achieving that result.
6
In proceedings brought against a person (“P”) by virtue of subsection (5)(a) , it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.
7
The CAA may enforce the duties under subsections (1) and (3) in —
a
civil proceedings for an injunction,
b
civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
c
civil proceedings for any other appropriate remedy or relief.
8
Enforcement of a duty under subsection (1) or (3) by the CAA does not prejudice any rights that a person may have by virtue of subsection (5) .
Penalty for contravention of licence condition
39
1
The CAA may impose a penalty on a person if —
a
it has given the person a contravention notice (and has not withdrawn it),
b
the representation period has ended,
c
it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and
d
it has determined that the person is contravening, or has contravened, a licence condition specified in the notice in one or more of the ways specified in the notice.
2
If the contravention notice specifies more than one contravention, the CAA may impose a separate penalty under this section for each contravention.
3
If the contravention notice specifies more than one period of contravention, the CAA may impose a separate penalty under this section for each period.
Penalty for contravention of order
40
The CAA may impose a penalty on a person if it has determined that the person is contravening, or has contravened, a requirement of —
a
an enforcement order, or
b
an urgent enforcement order that has been confirmed.
Procedure before imposing penalty
41
1
Before imposing a penalty on a person under section 39 or 40 the CAA must —
a
give the person a notice about the proposed penalty,
b
publish the notice as soon as practicable,
c
send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2
A notice under subsection (1) must —
a
state that the CAA proposes to impose a penalty,
b
state the proposed amount of the penalty,
c
specify the relevant licence condition or requirement, and
d
specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement.
3
In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43 (2) ), a notice under subsection (1) must specify —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or the circumstances in which, they would cease to accumulate.
4
The period specified in a notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
5
Before varying the proposed amount of the penalty, the CAA must —
a
give the person on whom the penalty is to be imposed a notice about the proposed variation,
b
publish the notice as soon as practicable,
c
send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
6
In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43 (2) ), the reference in subsection (5) to varying the proposed amount of the penalty includes varying —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or circumstances in which, they would cease to accumulate.
7
The notice under subsection (5) must —
a
specify the proposed variation, and
b
give the CAA’s reasons for the proposed variation.
8
The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
9
The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.
10
As soon as practicable after giving a notice under subsection (9) , the CAA must —
a
publish the notice, and
b
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Procedure after imposing penalty
42
1
As soon as practicable after imposing a penalty under section 39 or 40 the CAA must —
a
give a notice to the person on whom the penalty is imposed,
b
publish the notice, and
c
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
2
The notice must —
a
state that the CAA has imposed the penalty,
b
state the amount of the penalty,
c
specify the relevant licence condition or requirement,
d
specify the act or omission that the CAA has determined constitutes a contravention of the condition or requirement, and
e
specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.
3
In the case of a penalty calculated entirely or partly by reference to a daily amount (see section 43 (2) ), the notice must specify —
a
the day on which daily amounts begin to accumulate, and
b
the day on which, or the circumstances in which, they cease to accumulate.
4
As soon as practicable after daily amounts cease to accumulate, the CAA must —
a
give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,
b
publish the notice, and
c
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Amount of penalty
43
1
The amount of a penalty imposed on a person under section 39 or 40 must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the contravention for which it is imposed.
2
The penalty may consist of either or both of the following —
a
a fixed amount (see section 44);
b
a daily amount (see section 45).
3
In determining the amount of a penalty, the CAA must have regard, in particular, to —
a
any representations made to it in a period specified in a notice proposing the penalty given under section 41 (1) or (5) (and not withdrawn),
b
any steps taken by the person on whom the penalty is to be imposed towards complying with the licence condition or requirement specified in the notice under section 41 (1) , and
c
any steps taken by that person towards remedying the consequences of the contravention of the condition or requirement.
Amount of penalty: fixed amount
44
1
A penalty imposed on a person (“P”) under section 39 or 40 for a contravention may not consist of or include a fixed amount exceeding 10% of P’s qualifying turnover for the qualifying period.
2
P’s qualifying turnover is —
a
P’s turnover from activities carried on at the airport at which, or in connection with which, the contravention occurred or is occurring (“the qualifying airport”), and
b
the turnover of persons connected to P from such activities.
3
The qualifying period is the last regulatory year ending on or before the day on which the notice proposing the penalty is given under section 41 (1) (“the notice day”), except in the cases described in subsection (4) .
4
Those cases are —
a
where P was not the operator of an area at the qualifying airport throughout the last regulatory year that ends on or before the notice day;
b
where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day;
c
where P has not provided the CAA with accounts prepared in accordance with the licence for the last regulatory year that ends on or before the notice day.
5
In those cases —
a
if P was the operator of an area at the qualifying airport on the notice day, the qualifying period is the year ending with the notice day (or, if shorter, the period ending with the notice day during which P was the operator of such an area), and
b
if P was not the operator of such an area on the notice day, the qualifying period is the year ending with the last day before the notice day on which P was the operator of such an area (or, if shorter, the period ending with that day during which P was the operator of such an area).
6
P’s qualifying turnover for a qualifying period is to be taken to be the qualifying turnover for that period as reported in accounts which P is required to prepare by a licence condition, unless regulations under subsection (7) provide otherwise.
7
The Secretary of State may by regulations —
a
amend or otherwise modify the definition of qualifying turnover, and
b
make provision about how a person’s qualifying turnover for a qualifying period is to be calculated.
8
The regulations may, in particular —
a
make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period,
b
provide that a person’s qualifying turnover for a qualifying period is to be taken to be the qualifying turnover reported in accounts specified or described in the regulations, and
c
provide that a person’s qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations.
9
In this section “regulatory year” means a year for which P was required to prepare accounts by a licence condition in respect of an area at the qualifying airport.
Amount of penalty: daily amounts
45
1
In relation to a penalty under section 39 or 40, a daily amount is an amount payable where the contravention in respect of which the penalty is imposed continues after it is imposed.
2
A penalty under section 39 may not consist of or include a daily amount unless that contravention has been continuous since the end of the representation period for the contravention notice in which the contravention was specified.
3
A daily amount must not exceed 0.1% of the person’s qualifying turnover for the qualifying period.
4
A daily amount is payable in respect of each day in a period specified by the CAA in the notice under section 42 stating that it has imposed the penalty.
5
A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (6) and (7) .
6
The period must begin after the day on which the CAA gives the notice under section 42.
7
The period must end before —
a
the day on which the contravention specified in the notice under section 42 ceases, or
b
if more than one contravention is specified in that notice, the day on which the last of those contraventions ceases.
8
In this section “qualifying turnover” and “qualifying period” have the same meaning as in section 44.
Use of powers under Competition Act 1998
46
1
Before exercising a power listed in subsection (3) , the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.
2
The CAA must not exercise such a power to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.
3
Those powers are —
a
the power to give a contravention notice under section 31;
b
the power to give an enforcement order under section 33;
c
the powers to give and confirm an urgent enforcement order under sections 35 and 36;
d
the powers to impose penalties under sections 39 and 40.
Appeals against orders and penalties
47
Schedule 3 (appeals against orders and penalties) has effect.
Revocation of licence
Revocation of licence
48
1
A licence may be revoked by the CAA by giving a notice to the holder of the licence.
2
The CAA may give a notice revoking a licence only in circumstances specified in the licence in accordance with section 17.
3
Before revoking a licence, the CAA must —
a
notify the holder of the licence that it intends to revoke the licence, giving its reasons, and
b
give the holder of the licence an opportunity to make representations.
4
The CAA must not give a notice revoking a licence before the end of the period of 30 days beginning with the day on which the CAA notifies the holder of the licence in accordance with subsection (3) , unless the holder of the licence agrees otherwise.
5
A notice revoking a licence takes effect at the end of the period specified in the notice (subject to paragraph 1(3) of Schedule 4).
6
The period specified in the notice must be a period of not less than 30 days beginning with the day on which the notice is given.
7
The CAA may extend the period specified in the notice at any time before the end of that period by giving a notice to the holder of the licence.
8
The CAA may only extend the period once and only by up to 30 days.
9
The CAA may withdraw a notice revoking a licence at any time before it takes effect by giving a further notice to the holder of the licence.
10
A notice under subsection (1) or (9) must give the CAA’s reasons for revoking the licence or withdrawing a notice revoking the licence (as appropriate).
11
As soon as practicable after giving a notice under subsection (1) , (7) or (9) , the CAA must —
a
publish the notice, and
b
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Appeals against revocation of licence
49
Schedule 4 (appeals against revocation of licence) has effect.
Obtaining information
Power to obtain information
50
1
The CAA may by notice require a person to provide —
a
information, or
b
a document that is in the person’s custody or under the person’s control.
2
The CAA may give a notice under this section only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under this Chapter.
3
The notice may require the information or document to be provided —
a
at a time and place specified in the notice, and
b
in a form and manner specified in the notice.
4
The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court.
5
“The appropriate court” means —
a
in relation to England and Wales and Northern Ireland, the High Court, and
b
in relation to Scotland, the Court of Session.
Enforcement of information notice
51
1
If a person fails to comply with a notice under section 50 without reasonable excuse, the CAA may do either or both of the following —
a
impose a penalty on the person;
b
enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
2
The amount of the penalty must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the failure in respect of which it is imposed.
3
A penalty may consist of either or both of the following —
a
a fixed amount;
b
an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).
4
A fixed amount must not exceed £2,000,000.
5
A daily amount must not exceed £100,000.
6
A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8) .
7
The period must begin after the day on which the CAA gives the notice under section 54 (1) stating that it has imposed the penalty.
8
The period must end before the day on which the person provides the information or documents specified in the notice under section 50.
9
The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5) .
Penalty for providing false information, destroying documents etc
52
1
The CAA may impose a penalty on a person if, in relevant circumstances, the person provides information to the CAA that is false or misleading in a material respect and —
a
the person knows that the information is false or misleading, or
b
the person is reckless as to whether the information is false or misleading.
2
A person provides information in relevant circumstances if the person does so —
a
in accordance with a licence condition,
b
in response to a notice under section 50, or
c
knowing that the CAA is likely to use the information for the purpose of carrying out its functions under this Chapter.
3
The CAA may impose a penalty on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under section 50.
4
The amount of a penalty imposed on a person under this section must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the action in respect of which it is imposed.
Procedure before imposing penalty
53
1
Before imposing a penalty on a person under section 51 or 52 the CAA must —
a
give the person a notice about the proposed penalty,
b
publish the notice as soon as practicable,
c
send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2
The notice under subsection (1) must —
a
state that the CAA proposes to impose a penalty,
b
state the proposed amount of the penalty, and
c
give the CAA’s reasons for imposing the penalty.
3
In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or the circumstances in which, they would cease to accumulate.
4
The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
5
Before varying the proposed amount of the penalty, the CAA must —
a
give the person on whom the penalty is to be imposed a notice about the proposed variation,
b
publish the notice as soon as practicable,
c
send a copy of the notice as soon as practicable to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate, and
d
consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
6
In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or circumstances in which, they would cease to accumulate.
7
The notice under subsection (5) must —
a
specify the proposed variation, and
b
give the CAA’s reasons for the proposed variation.
8
The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
9
The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.
10
As soon as practicable after giving a notice under subsection (9) , the CAA must —
a
publish the notice, and
b
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Procedure after imposing penalty
54
1
As soon as practicable after imposing a penalty on a person under section 51 or 52, the CAA must —
a
give a notice to the person on whom the penalty is imposed,
b
publish the notice, and
c
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
2
The notice must —
a
state that the CAA has imposed the penalty,
b
state the amount of the penalty,
c
give the CAA’s reasons for imposing the penalty, and
d
specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.
3
In the case of a penalty under section 51 calculated entirely or partly by reference to a daily amount, the notice must specify —
a
the day on which daily amounts begin to accumulate, and
b
the day on which, or the circumstances in which, they cease to accumulate.
4
As soon as practicable after daily amounts cease to accumulate, the CAA must —
a
give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate,
b
publish the notice, and
c
send a copy of the notice to such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Appeals against penalties
55
Schedule 5 (appeals against penalties: information) has effect.
Penalties
Imposing penalties
56
1
The CAA may not impose a penalty on a person under section 39, 40 or 51 for an act or omission if it has imposed a penalty on the person under one of those sections in respect of the same act or omission.
2
Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.
Recovering penalties
57
1
This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under —
a
section 42, or
b
section 54.
2
The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.
3
The CAA may recover from the person as a debt due to the CAA —
a
the unpaid balance, and
b
any interest on the penalty that has not been paid.
4
Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.
Statement of policy on penalties
58
1
The CAA must prepare and publish a statement of its policy with respect to —
a
imposing penalties under this Chapter, and
b
determining their amount.
2
The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.
3
When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.
4
When preparing or revising a statement of policy, the CAA must consult such persons as it considers appropriate.
Disclosing information
Disclosing information
59
1
Nothing in this Chapter requires the CAA to publish or otherwise disclose any information which it is satisfied is —
a
commercial information, the disclosure of which would, or might in the CAA’s opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
b
information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA’s opinion, significantly harm the individual’s interests.
2
Schedule 6 (restrictions on disclosing information) has effect.
CHAPTER 2
Competition
Functions under Part 4 of Enterprise Act 2002
60
1
The functions of the Office of Fair Trading (“the OFT ”) specified in subsection (2) are to be concurrent functions of the CAA and the OFT.
2
Those functions are the OFT’s functions under Part 4 of the Enterprise Act 2002 (market investigations) so far as they relate to the provision of airport operation services, other than functions under sections 166 and 171.
3
References to the OFT in the following are to be read as including a reference to the CAA —
a
Part 4 of the Enterprise Act 2002, other than sections 166 and 171, and
b
provisions of that Act applied by that Part.
4
But subsection (3) applies —
a
only so far as it is consequential on subsections (1) and (2) , and
b
only if the context does not otherwise require.
Enterprise Act 2002: supplementary
61
1
Before the Office of Fair Trading (“the OFT”) or the CAA first carries out functions specified in section 60 (2) (“relevant 2002 Act functions”) in relation to a matter it must consult the other.
2
If the OFT or the CAA has carried out relevant 2002 Act functions in relation to a matter, the other must not carry out those functions in relation to that matter.
3
Subsections (4) to (6) apply if, in carrying out relevant 2002 Act functions, the CAA makes a reference to the Competition Commission.
4
The CAA must give the Competition Commission any information in the CAA’s possession or control —
a
which is requested by the Commission for the purpose of the reference, or
b
which the CAA considers it appropriate to give to the Commission for that purpose.
5
The CAA must give the Competition Commission any other assistance requested by the Commission for the purpose of the reference which it is within the CAA’s power to give.
6
In carrying out its investigation on the reference the Competition Commission must take account of any information given to it under subsection (4) .
7
If a question arises as to whether a relevant 2002 Act function must or may be carried out by the CAA in relation to a particular case, the question must be referred to and determined by the Secretary of State.
8
No objection may be taken to anything done by or in relation to the CAA under Part 4 of the Enterprise Act 2002, other than section 166 or 171, on the ground that it should have been done by or in relation to the OFT.
9
The CAA may, when carrying out relevant 2002 Act functions, have regard to any matter in respect of which a duty is imposed by section 1 (1) to (3) of this Act if it is a matter to which the OFT may have regard when carrying out relevant 2002 Act functions.
10
Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the carrying out by the CAA of relevant 2002 Act functions.
11
In section 136(7) of the Enterprise Act 2002 (investigations and reports on market investigation references: relevant sectoral enactments), at the end of paragraph (g) insert “or section 60 of the Civil Aviation Act 2012;”.
Functions under Competition Act 1998
62
1
The functions of the Office of Fair Trading (“the OFT”) specified in subsection (2) are to be concurrent functions of the CAA and the OFT.
2
Those functions are the OFT’s functions under Part 1 of the Competition Act 1998 (competition) so far as they relate to anything which —
a
is mentioned in subsection (3)(a) to (d) , and
b
relates to the provision of airport operation services,
other than functions under sections 31D(1) to (6), 38(1) to (6) and 51.
3
Those things are —
a
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
b
conduct of the kind mentioned in section 18(1) of that Act,
c
agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union, or
d
conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty.
4
References to the OFT in Part 1 of the Competition Act 1998, other than in sections 31D(1) to (6), 38(1) to (6) and 51, are to be read as including a reference to the CAA.
5
But subsection (4) applies —
a
only so far as it is consequential on subsections (1) and (2) , and
b
only if the context does not otherwise require.
Competition Act 1998: supplementary
63
1
No objection may be taken to anything done by or in relation to the CAA under a provision of Part 1 of the Competition Act 1998, other than sections 31D(1) to (6), 38(1) to (6) and 51, on the ground that it should have been done by or in relation to the Office of Fair Trading.
2
The CAA may, when carrying out relevant 1998 Act functions, have regard to any matter in respect of which a duty is imposed by section 1 (1) to (3) of this Act if it is a matter to which the Office of Fair Trading may have regard when carrying out relevant 1998 Act functions.
3
Section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the carrying out by the CAA of relevant 1998 Act functions.
4
In this section “relevant 1998 Act functions” means functions specified in section 62(2).
Review etc of airport operation services
64
1
The CAA must, so far as it appears to it practicable to do so —
a
keep under review the provision of airport operation services in the United Kingdom and elsewhere, and
b
collect information about the provision of such services in the United Kingdom and elsewhere,
with a view to facilitating the carrying out of its functions under this Chapter.
2
The CAA must provide information, advice and assistance to the Secretary of State and the Office of Fair Trading (“the OFT”) regarding any matter in respect of which the CAA has a function under this Chapter if —
a
it thinks it expedient to do so, or
b
it is asked by the Secretary of State or the OFT to do so.
3
Subsection (2)(b) applies only so far as it appears to the CAA practicable for the CAA to provide the information, advice or assistance requested.
4
The CAA may —
a
prepare reports relating to competition in markets for airport operation services, and
b
arrange for such reports to be published.
5
The CAA may exclude from publication under subsection (4)(b) any information which it is satisfied is —
a
commercial information, the disclosure of which would, or might in the CAA’s opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
b
information relating to the private affairs of an individual, the disclosure of which would, or might in the CAA’s opinion, significantly harm the individual’s interests.
6
For the purposes of carrying out its functions under this section the CAA may carry out, commission or provide financial or other support for research.
Power to modify CAA’s competition powers
65
1
The Secretary of State may by regulations modify sections 60 (2) and 62 (2) by providing that the functions of the Office of Fair Trading mentioned in those provisions —
a
do not include functions relating to the provision of particular airport operation services, or
b
include functions relating to the provision of particular services at an airport that are not airport operation services.
2
The regulations may make consequential, incidental or supplementary provision amending this Chapter.
CHAPTER 3
General provision
Interpretation
Airports
66
1
In this Part “airport” means an aerodrome within the meaning of the Civil Aviation Act 1982 together with other land, buildings and structures used for the purposes of —
a
the landing and taking off of aircraft at the aerodrome,
b
the manoeuvring, parking or servicing of aircraft between landing and take-off at the aerodrome,
c
the arrival or departure of persons carried or to be carried as passengers by air transport services operating to or from the aerodrome, together with their baggage,
d
the arrival or departure of cargo carried or to be carried by such services,
e
the processing of such persons, baggage and cargo between their arrival and departure, and
f
the arrival or departure of persons who work at the airport.
2
Section 67 makes further provision about what is and is not included in an airport for the purposes of this Part.
3
The Secretary of State may by regulations provide that, for the purposes of this Part, land, buildings and other structures specified in the regulations, or of a description specified in the regulations, are or are not —
a
part of an airport, or
b
part of the core area of an airport.
4
The regulations may, in particular —
a
modify subsection (1)(a) to (f) and section 67, and
b
modify the definition of the core area of an airport in section 5.
5
In this section “modify” includes amend or repeal.
Airports: supplementary
67
1
An airport includes, in particular —
a
a passenger terminal,
b
the forecourt of a passenger terminal,
c
a qualifying car park,
d
a cargo processing area,
e
land, buildings and other structures used for air traffic services, and
f
land, buildings and other structures used for the purposes of transferring passengers, baggage or cargo —
i
between passenger terminals or cargo processing areas that form part of the airport, or
ii
between such terminals or areas and aircraft using the airport,
subject to the following provisions of this section.
2
The forecourt of a passenger terminal includes an area that —
a
is used by road vehicles to pick up or drop off passengers using the terminal, and
b
has pedestrian access to the terminal,
other than a car park, bus station, tram station or railway station.
3
A car park is a qualifying car park if —
a
it is part of a passenger terminal that forms part of the airport, or
b
it has pedestrian access to such a terminal.
4
An airport does not include a hotel, unless it is situated in a passenger terminal that forms part of the airport.
5
An airport does not include a bus station, tram station or railway station.
6
For the purposes of section 66 (1) when a person arrives at, or departs from, an airport other than in an aircraft the person’s arrival or departure takes place on arrival at or departure from —
a
a passenger terminal that is part of the airport,
b
the forecourt of such a terminal, or
c
a qualifying car park that is part of the airport.
7
For the purposes of section 66 (1) —
a
when cargo arrives at an airport other than in an aircraft its arrival takes place when it is first unloaded from the vehicle in which it arrives, and
b
when cargo departs from an airport other than in an aircraft its departure takes place when it is loaded on to the vehicle in which it is to depart.
8
For the purposes of sections 5 (4) and 66 (1) the servicing of aircraft between landing and take-off at the aerodrome includes —
a
the supply of fuel, and
b
the repair, maintenance and overhaul of aircraft that land at the aerodrome.
Airport operation services
68
1
In this Part “airport operation services” means services provided at an airport for the purposes of —
a
the landing and taking off of aircraft,
b
the manoeuvring, parking or servicing of aircraft,
c
the arrival or departure of passengers and their baggage,
d
the arrival or departure of cargo,
e
the processing of passengers, baggage or cargo between their arrival and departure, or
f
the arrival or departure of persons who work at the airport.
2
Section 67 (6) to (8) apply for the purposes of subsection (1) as they apply for the purposes of section 66 (1) .
3
“Airport operation services” include, in particular, the provision at an airport of —
a
groundhandling services described in the Annex to Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (as amended from time to time),
b
facilities for car parking, and
c
facilities for shops and other retail businesses.
4
“Airport operation services” do not include —
a
air transport services,
b
air traffic services, or
c
services provided in shops or as part of other retail businesses.
5
For the purposes of this Part —
a
“airport operation services” include permitting a person to access or use land that forms part of an airport or facilities at an airport for a purpose described in subsection (1)(a) to (f) , and
b
a person who permits another to access or use land that forms part of an airport area, or facilities in an airport area, for such a purpose is to be treated as providing airport operation services in that area.
6
The Secretary of State may by regulations provide that, for the purposes of this Part, services are or are not to be treated as airport operation services.
7
The regulations may, in particular, modify subsections (1) to (5) .
8
In this section “modify” includes amend or repeal.
Air transport services
69
1
In this Part —
“air transport service” means a service for the carriage by air of passengers or cargo to or from an airport in the United Kingdom;
“provider”, in relation to an air transport service, means a person who has the management of the aircraft used to provide the service;
“user”, in relation to an air transport service, means a person who —
is a passenger carried by the service, or
has a right in property carried by the service.
2
In this Part references to users of air transport services include future users of such services.
Joint operators of areas
70
1
Two or more persons are joint operators of an airport area where they jointly have overall responsibility for the management of all of the area.
2
Regulations under section 9 may include provision about when two or more persons are or are not to be treated for the purposes of this Part as jointly having such responsibility.
3
The CAA’s power under section 10 to make a determination includes power to determine whether, in a particular case, two or more persons have such responsibility.
4
The Secretary of State may by regulations provide that, where there are joint operators of an airport area, the provisions of Chapters 1 and 3 of this Part (other than this section) apply in relation to the operators and the area with the modifications specified in the regulations.
Connected persons
71
1
For the purposes of this Part one person is connected with another if they are group undertakings in relation to each other.
2
“Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).
3
The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Part, including provision amending or otherwise modifying subsections (1) and (2) .
Minor definitions and index
72
1
In this Part —
“air traffic services” has the same meaning as in Part 1 of the Transport Act 2000 (see section 98 of that Act);
“airport operator” means a person who is the operator of an area that consists of or forms part of an airport;
“the CAA” means the Civil Aviation Authority;
“cargo” includes mail;
“change of circumstances” includes the discovery that information is false or misleading in a material respect;
“conduct” includes a failure to act and unintentional conduct;
“contravention” includes a failure to comply and related expressions are to be interpreted accordingly;
“contravention notice” has the meaning given in section 31 (1) ;
“document” means anything in which information is recorded;
“enforcement order” has the meaning given in section 33 (1) ;
“international obligation of the United Kingdom” includes —
an EU obligation, and
an obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;
“land” includes land covered by water;
“licence” means a licence under Chapter 1 of this Part and includes a licence which has been granted under section 15 but has not come into force;
“market power determination” has the meaning given in section 7 (1) ;
“modifying”, in relation to a licence condition, means adding, removing or altering a licence condition and related expressions are to be interpreted accordingly;
“representation” includes objection;
“urgent enforcement order” has the meaning given in section 35 (1) .
2
References in this Part to providing a service, however expressed, include providing a facility (and related expressions are to be interpreted accordingly).
3
References in this Part to a building or other structure are to any building or structure, whether above or below ground.
4
References in this Part to a notice are to a notice in writing.
5
References in this Part to remedying the consequences of a contravention of a licence condition or requirement include paying an amount to a person —
a
by way of compensation for loss or damage suffered by the person, or
b
in respect of annoyance, inconvenience or anxiety suffered by the person.
6
Schedule 7 (index of defined expressions) has effect.
Other general provision
Regulations
73
1
Regulations under this Part —
a
may make different provision for different cases,
b
may make provision generally or only for particular cases, and
c
may make consequential, incidental, supplementary, transitional, transitory or saving provision.
2
Regulations under this Part are to be made by statutory instrument.
3
A statutory instrument containing regulations under the following provisions is subject to annulment in pursuance of a resolution of either House of Parliament —
a
section 28 (9) ;
b
section 77;
c
paragraph 33 of Schedule 2;
d
paragraph 6 of Schedule 6.
4
A statutory instrument containing other regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Publication and production of documents
74
1
Where a person is required to publish something by this Part, the person must publish it in such form and manner as the person considers appropriate for bringing it to the attention of persons likely to be affected by it.
2
A person to whom a document is produced under this Part may take copies of the document.
Sending documents
75
1
A document required or authorised by this Part to be sent to a person may be sent —
a
by delivering it to the person or by leaving it at the person’s proper address or by sending it by post to the person at that address,
b
if the person is a body corporate, by sending it in accordance with paragraph (a) to the secretary of the body or to any other person authorised to receive the document on behalf of the body, or
c
if the person is a partnership, by sending it in accordance with paragraph (a) to a partner or a person having the control or management of the partnership business.
2
For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person to whom a document is to be sent is the person’s last known address, except that —
a
if the person is a body corporate, it is the address of the registered or principal office of the body, and
b
if the person is a partnership or a partner or a person having the control or management of the partnership business, it is the address of the principal office of the partnership.
3
For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
4
Subsection (5) applies if a person to whom a document is to be sent by another person under this Part has specified to that other person an address within the United Kingdom other than the proper address (as determined under subsection (2) ) as the one to which documents of the same description as the document should be sent.
5
In relation to that document, that address must be treated as the person’s proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2) .
6
This section does not apply to a document if rules of court make provision about how or where it should be sent.
7
In this section references to sending include references to similar expressions (such as giving).
Minor, consequential and transitional provision
76
1
Part 4 of the Airports Act 1986 (economic regulation of airports) is repealed.
2
Part 4 of the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ) (economic regulation of airports) is revoked.
3
Schedule 8 (status of airport operators as statutory undertakers etc) has effect.
4
Schedule 9 (regulation of operators of dominant airports: consequential provision) has effect.
5
Schedule 10 (regulation of operators of dominant airports: transitional provision) has effect.
Crown application
77
1
Chapter 2 of this Part binds the Crown to the extent that it applies or modifies provisions of the Competition Act 1998, subject to section 73 of that Act.
2
The following provisions of this Part bind the Crown —
a
Chapter 1, other than sections 50 to 52, and
b
Chapter 3,
subject to subsections (3) and (5) to (9) .
3
Chapters 1 and 3 of this Part do not affect Her Majesty in her private capacity.
4
Subsection (3) 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 this Part.
5
Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in the course of carrying out exempt Crown functions.
6
If the operator of an airport area (“area C”) exercises overall responsibility for its management in the course of carrying out exempt Crown functions —
a
section 7(2) (requirement to make market power determination) does not apply in respect of area C,
b
section 14(4) (deemed application for licence where airport area becomes dominant) does not apply in relation to the operator, and
c
the absence of a licence in respect of area C does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in area C or another area that forms part of the same airport.
7
Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided in an exempt Crown airport area.
8
The absence of a licence in respect of an exempt Crown airport area does not prevent a person from requiring payment of, or recovering, charges in respect of services provided in another area that forms part of the same airport.
9
A licence must not include conditions relating to services provided in an exempt Crown airport area.
10
For the purposes of this section, an airport area is an exempt Crown airport area if —
a
it consists of all or part of a small airport,
b
the operator of the airport area is the Crown or a person acting on behalf of the Crown, and
c
the airport area is exempted for the purposes of this section by the Secretary of State by regulations.
11
For the purposes of this section, an airport is a small airport during a calendar year if in the previous calendar year —
a
the number of passenger movements at the airport did not exceed 5 million, or
b
the airport was not open to commercial traffic.
12
In this section —
“exempt Crown functions” means the following functions to the extent that they are carried out by or on behalf of the Crown —
customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009,
functions relating to immigration, asylum or nationality,
police functions, and
other functions exempted for the purposes of this section by the Secretary of State by regulations;
“open to commercial traffic” and “passenger movements” have the same meaning as in Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
PART 2
Other aviation matters
Aviation security
Aviation security directions etc
78
1
Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts of violence and other unlawful interference) is amended as follows.
2
After section 14 insert —
Review by CAA
14A
1
The CAA must keep under review the directions under sections 12 to 14 for the time being in force.
2
The CAA must, when it considers it appropriate, make recommendations to the Secretary of State about those directions and about the giving of further directions under those sections.
3
The CAA must make the recommendations in the form specified by the Secretary of State.
3
After section 16 insert —
Directions requiring national security vetting
16A
1
This section applies where a direction under any of sections 12 to 14 makes provision requiring an individual who carries on, or wishes to carry on, an activity specified or described in the direction to be subject to national security vetting by the CAA.
2
The CAA must make arrangements for carrying out that vetting, including —
a
arrangements for renewing and withdrawing clearance, and
b
arrangements for appeals.
3
The Secretary of State may give directions to the CAA in connection with the arrangements, including directions as to —
a
steps to be included in the vetting process,
b
time limits for completing such steps, and
c
the period for which clearance is to remain valid.
4
The CAA must comply with a direction given to it under this section.
5
This section does not affect any other power relating to national security vetting.
4
After section 23 insert —
Functions of CAA under this Part
23A
1
The CAA must carry out the functions conferred on it by or under this Part of this Act with a view to achieving the purposes to which this Part of this Act applies.
2
If the CAA considers that there is a conflict between its duty under subsection (1) and its duty under section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) it must —
a
consult the Secretary of State, and
b
resolve the conflict in the manner directed by the Secretary of State,
and doing so is to be treated for all purposes as compliance with subsection (1) of this section and section 4 of that Act.
5
In section 24A(1) (interpretation) —
a
for the definition of “authorised person” substitute —
“authorised person” means a person authorised in writing by the Secretary of State or the CAA for the purposes of this Part of this Act,
, and
b
after that definition insert —
“the CAA” means the Civil Aviation Authority,
.
6
Schedule 11 (aviation security directions etc: minor and consequential amendments) has effect.
Approved providers of aviation security services
79
1
Section 20A of the Aviation Security Act 1982 (aviation security services: approved providers) is amended as follows.
2
In subsection (2), for “provide for the Secretary of State to maintain a list of persons who are approved by him” substitute “provide for the CAA to maintain a list of persons who are approved by it”.
3
In subsection (3) —
a
before paragraph (a) insert —
za
provide for approval to be given, and persons to be listed, in respect of the provision of the aviation security service generally or only at a particular location;
,
b
in paragraphs (a) and (b) for “that service” substitute “the provision of that service generally or at the relevant location”,
c
after paragraph (d) insert —
da
make provision about factors to be taken into account when deciding whether to grant an application;
,
d
after paragraph (e) insert —
ea
make provision for employees of persons who are listed in respect of the provision of an aviation security service generally or at a particular location to be treated as listed in respect of the provision of that service generally or at that location (as appropriate) in specified circumstances;
,
e
in paragraph (f), after “are listed” insert “, or employees of such persons,”,
f
after that paragraph insert —
fa
make provision about other conditions with which persons who apply to be listed or who are listed, or employees of such persons, must comply;
,
g
in paragraph (g) omit “which shall include provision for appeal”, and
h
in paragraph (i) after “functions” insert “on the CAA,”.
4
After subsection (3) insert —
3A
The regulations must —
a
include provision for appeals against the refusal of applications for inclusion in a list,
b
include provision for appeals against removal from a list, and
c
if they make provision described in subsection (3)(f) or (fa), include provision for appeals against the conditions.
5
After subsection (5) insert —
5A
In subsection (5) “listed person”, in relation to an aviation security service, means a person who is listed in respect of the provision of that service generally or at the relevant location.
Advice and assistance in connection with aviation security
80
After section 21G of the Aviation Security Act 1982 insert —
Advice and assistance
Provision of advice and assistance to Secretary of State
21H
1
The CAA must provide such advice and assistance to the Secretary of State as the Secretary of State requires in connection with matters relevant to the purposes to which this Part of this Act applies.
2
A requirement under subsection (1) may be expressed so as to operate as a continuing requirement on the CAA.
3
Nothing in this section affects the generality of section 16 of the Civil Aviation Act 1982 (provision by CAA of assistance etc for Secretary of State and others).
Provision of advice and assistance to other persons
21I
1
The CAA must provide such advice and assistance to the persons listed in subsection (3) as it considers appropriate having regard to the purposes to which this Part of this Act applies.
2
The CAA may, in particular, provide advice and assistance to such persons in connection with measures that they are required to take by directions under sections 12 to 14.
3
Those persons are —
a
managers of aerodromes in the United Kingdom,
b
authorities responsible for air navigation installations in the United Kingdom,
c
operators of aircraft registered or operating in the United Kingdom,
d
persons occupying land forming part of an aerodrome or air navigation installation in the United Kingdom,
e
persons permitted to have access to a security restricted area of such an aerodrome or air navigation installation for the purposes of carrying on a business, and
f
any other persons carrying on activities at or in connection with such an aerodrome or air navigation installation, or considering doing so, who are of a description notified to the CAA by the Secretary of State for the purposes of this section.
4
The Secretary of State may provide such advice and assistance to the persons listed in subsection (3) as the Secretary of State considers appropriate having regard to —
a
the purposes to which this Part of this Act applies, and
b
any advice and assistance provided to those persons by the CAA.
Power to modify functions of CAA etc relating to aviation security
81
After section 21I of the Aviation Security Act 1982 (inserted by section 80) insert —
Power to modify functions of CAA etc relating to aviation security
21J
1
The Secretary of State may by regulations modify —
a
the functions of the CAA relating to the purposes to which this Part of this Act applies, and
b
the functions under this Part of this Act of persons authorised in writing by the CAA for the purposes of this Part.
2
Regulations under this section may, in particular —
a
confer powers, or impose duties, on the CAA or persons mentioned in subsection (1)(b),
b
remove or restrict powers or duties of the CAA or such persons,
c
require the CAA to comply with directions given by the Secretary of State when carrying out a function conferred by the regulations,
d
make different provision for different cases,
e
amend or repeal an enactment (whenever passed), including a provision of this Part of this Act, and amend or revoke a provision of an instrument made under an enactment (whenever made), and
f
include consequential, supplementary, incidental, transitional, transitory and saving provision.
3
The Secretary of State must consult the CAA before making regulations under this section.
4
The regulations must be made by statutory instrument.
5
A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Transfer schemes
82
1
The Secretary of State may make one or more schemes for the transfer to the Civil Aviation Authority (“the CAA”) of —
a
rights, powers, duties and liabilities of the Crown in connection with individuals employed in the civil service of the Crown, and
b
other property, rights and liabilities of the Crown.
2
A scheme may transfer only such property, rights, powers, duties and liabilities as the Secretary of State considers appropriate having regard to —
a
the functions conferred on the CAA by or under Part 2 of the Aviation Security Act 1982 (as amended by sections 78 to 81 and Schedule 11), and
b
the functions of persons authorised by the CAA for the purposes of that Part (as so amended).
3
Before making a scheme under this section the Secretary of State must consult the CAA.
4
Schedule 12 (aviation security: further provision about transfer schemes) has effect.
Provision of information about aviation
Information for benefit of users of air transport services
83
1
The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate for the purpose of assisting users of air transport services to compare —
a
air transport services provided to or from a civil airport;
b
services and facilities provided at a civil airport in the United Kingdom;
c
services and facilities provided elsewhere in the United Kingdom and used, or likely to be used, in connection with the use of air transport services provided to or from a civil airport.
2
The CAA may publish guidance and advice with a view to improving the standard of such services and facilities for users of air transport services.
3
The CAA must take such steps as it considers practicable to keep under review information, guidance and other advice that is published under this section by the CAA or by other persons.
4
Subsection (1) does not require the CAA to disclose, or arrange for the disclosure of, information if the CAA could refuse to disclose the information in response to a request made under the Freedom of Information Act 2000.
5
For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.
6
Information and advice published under subsection (1) by persons other than the CAA must be published in such form and manner as the CAA considers appropriate.
7
In this section —
“air transport service” means a service for the carriage by air of passengers or cargo to or from an airport in the United Kingdom;
“airport” has the same meaning as in Part 1 of this Act (see sections 66 and 67);
“civil airport” means an airport other than a military airport;
“user”, in relation to an air transport service, means a person who —
is a passenger carried by the service, or
has a right in property carried by the service.
8
In this section references to users of air transport services include potential users of such services.
Environmental information
84
1
The CAA must publish, or arrange for the publication of, such information and advice as it considers appropriate relating to —
a
the environmental effects of civil aviation in the United Kingdom,
b
how human health and safety is, or may be, affected by such effects, and
c
measures taken, or proposed to be taken, with a view to reducing, controlling or mitigating the adverse environmental effects of civil aviation in the United Kingdom.
2
The CAA may publish guidance and advice with a view to reducing, controlling or mitigating the adverse environmental effects of civil aviation in the United Kingdom.
3
The CAA must take such steps as it considers practicable to keep under review information, guidance and other advice that is published under this section by the CAA or by other persons.
4
Subsection (1) does not require the CAA to disclose, or arrange for the disclosure of, information if it could refuse to disclose the information in response to a request made under the Freedom of Information Act 2000.
5
For the purposes of carrying out its functions under this section, the CAA may carry out, commission or provide financial or other support for research.
6
Information and advice published under subsection (1) by persons other than the CAA must be published in such form and manner as the CAA considers appropriate.
7
In this section —
“civil aviation” means civil airports, associated facilities and aircraft using such airports;
“airport” has the same meaning as in Part 1 of this Act (see sections 66 and 67);
“associated facilities”, in relation to an airport, means facilities used, or intended to be used, in connection with the airport;
“civil airport” means an airport other than a military airport.
8
In this section references to the environmental effects of civil aviation include —
a
substances, energy, noise, vibration or waste, including emissions, discharges and other releases into the environment,
b
visual or other disturbance to the public,
c
effects from works carried out at civil airports or associated facilities or in the construction of such airports or facilities, and
d
effects from services provided at civil airports or associated facilities.
Power to obtain information
85
1
The CAA may by notice require a person to provide —
a
information, or
b
a document that is in the person’s custody or under the person’s control.
2
The CAA may give a notice under this section only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under section 83 or 84.
3
The notice may require the information or document to be provided —
a
at a time and place specified in the notice, and
b
in a form and manner specified in the notice.
4
The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court.
5
“The appropriate court” means —
a
in relation to England and Wales and Northern Ireland, the High Court, and
b
in relation to Scotland, the Court of Session.
6
Schedule 6 (restrictions on disclosure of information) applies to information and documents provided to the CAA by virtue of this section as it applies to information obtained under or by virtue of Chapter 1 of Part 1.
Enforcement of information notice
86
1
If a person fails to comply with a notice under section 85 without reasonable excuse, the CAA may do either or both of the following —
a
impose a penalty on the person;
b
enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
2
The amount of the penalty must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the failure in respect of which it is imposed.
3
A penalty may consist of either or both of the following —
a
a fixed amount;
b
an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).
4
A fixed amount must not exceed £50,000.
5
A daily amount must not exceed £5,000.
6
A specified period during which daily amounts accumulate must be such period as the CAA considers appropriate, subject to subsections (7) and (8) .
7
The period must begin after the day on which the CAA gives the notice under section 89 stating that it has imposed the penalty.
8
The period must end before the day on which the person provides the information or documents specified in the notice under section 85.
9
The Secretary of State may by regulations replace the amount for the time being specified in subsection (4) or (5) .
10
The regulations must be made by statutory instrument.
11
A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Penalty for providing false information, destroying documents etc
87
1
The CAA may impose a penalty on a person if, in relevant circumstances, the person provides information to the CAA that is false or misleading in a material respect and —
a
the person knows that the information is false or misleading, or
b
the person is reckless as to whether the information is false or misleading.
2
A person provides information in relevant circumstances if the person does so —
a
in response to a notice under section 85, or
b
knowing that the CAA is likely to use the information for the purpose of carrying out its functions under section 83 or 84.
3
The CAA may impose a penalty on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under section 85.
4
The amount of a penalty imposed on a person under this section must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the action in respect of which it is imposed.
Procedure before imposing penalty
88
1
Before imposing a penalty on a person under section 86 or 87 the CAA must —
a
give the person a notice about the proposed penalty,
b
publish the notice as soon as practicable, and
c
consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2
The notice under subsection (1) must —
a
state that the CAA proposes to impose a penalty,
b
state the proposed amount of the penalty, and
c
give the CAA’s reasons for imposing the penalty.
3
In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the notice under subsection (1) must specify —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or the circumstances in which, they would cease to accumulate.
4
The period specified in the notice under subsection (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
5
Before varying the proposed amount of the penalty, the CAA must —
a
give the person on whom the penalty is to be imposed a notice about the proposed variation,
b
publish the notice as soon as practicable, and
c
consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
6
In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the reference in subsection (5) to varying the proposed amount of the penalty includes varying —
a
the day on which daily amounts would begin to accumulate, and
b
the day on which, or circumstances in which, they would cease to accumulate.
7
The notice under subsection (5) must —
a
specify the proposed variation, and
b
give the CAA’s reasons for the proposed variation.
8
The period specified in the notice under subsection (5) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
9
The CAA may withdraw a notice under subsection (1) or (5) at any time by giving notice to the person on whom it proposed to impose the penalty.
10
The CAA must publish a notice under subsection (9) as soon as practicable after it is given.
Procedure after imposing penalty
89
1
As soon as practicable after imposing a penalty on a person under section 86 or 87, the CAA must —
a
give a notice to the person on whom the penalty is imposed, and
b
publish the notice.
2
The notice must —
a
state that the CAA has imposed the penalty,
b
state the amount of the penalty,
c
give the CAA’s reasons for imposing the penalty, and
d
specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.
3
In the case of a penalty under section 86 calculated entirely or partly by reference to a daily amount, the notice must specify —
a
the day on which daily amounts begin to accumulate, and
b
the day on which, or the circumstances in which, they cease to accumulate.
4
As soon as practicable after daily amounts cease to accumulate, the CAA must —
a
give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate, and
b
publish the notice.
Appeals
90
Schedule 13 (appeals against penalties) has effect.
Recovering penalties
91
1
Subsections (2) and (3) apply if all or part of a penalty imposed on a person under section 86 or 87 is not paid within the period specified in the notice given in respect of the penalty under section 89.
2
The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.
3
The CAA may recover from the person as a debt due to the CAA —
a
the unpaid balance, and
b
any interest on the penalty that has not been paid.
4
Any sums received by the CAA by way of a penalty under section 86 or 87 or interest under this section must be paid into the Consolidated Fund.
Statement of policy
92
1
The CAA must prepare and publish a statement of its policy with respect to —
a
carrying out its functions under sections 83 and 84,
b
imposing penalties under sections 86 and 87, and
c
determining the amount of such penalties.
2
The CAA may revise a statement of policy and, if it does so, it must publish the revised statement.
3
When preparing or revising a statement of policy with respect to carrying out the functions under sections 83 and 84, the CAA must have regard to the principle that the benefits of carrying out the functions should outweigh any adverse effects.
4
When imposing a penalty under section 86 or 87, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published under this section before the act or omission in respect of which the penalty is to be imposed.
5
When preparing or revising a statement of policy, the CAA must consult such persons as it considers appropriate.
Minor definitions
93
In sections 83 to 92 and Schedule 13 —
a
“the CAA” means the Civil Aviation Authority, and
b
references to a notice are to a notice in writing.
Regulation of provision of flight accommodation
Regulation of provision of flight accommodation
94
1
Section 71 of the Civil Aviation Act 1982 (regulation of provision of accommodation in aircraft) is amended in accordance with subsections (2) to (4) .
2
For subsection (1) substitute —
1
The Secretary of State may by regulations make provision so as to secure —
a
that a person does not in the United Kingdom make available flight accommodation, either as principal or agent, unless the person meets the condition in subsection (1A) or (1B);
b
that a person does not in the United Kingdom hold himself or herself out as one who may make flight accommodation available, either as principal or agent or without disclosing the person’s capacity, unless the person meets the condition in subsection (1A) or (1B);
c
that a person (“A”) acting as an agent for another person (“B”), in the course of a business carried on by A, does not in the United Kingdom procure flight accommodation on behalf of B unless A meets the condition in subsection (1A);
d
that a person (“P”) acting in the course of a business carried on by P does not in the United Kingdom facilitate the making available of flight accommodation by another person in circumstances in which one or more prescribed arrangements relating to payment apply, unless P meets the condition in subsection (1A) .
1A
A person meets the condition in this subsection if the person —
a
holds and acts in accordance with a licence issued in pursuance of the regulations, or
b
is exempt from the need to hold a licence as a result of provision made by or under the regulations.
1B
A person meets the condition in this subsection if the person —
a
is the operator of the aircraft on which flight accommodation is made available, and
b
in making the flight accommodation available is acting as a flight-only provider.
1C
The regulations may make provision for the purposes of subsection (1B) about when the operator of an aircraft acts as a flight-only provider.
1D
The arrangements relating to payment that may be prescribed under subsection (1)(d) are any arrangements under which P makes or receives payment, or facilitates the making or receipt of payment by another person, in connection with the making available of the flight accommodation.
3
In subsection (2) —
a
in paragraph (b), for the words from “the minimum charges” to the end substitute “goods, services and other benefits which are or are not to be provided by any person in prescribed circumstances;”, and
b
omit paragraph (f).
4
After subsection (2) insert —
3
The Secretary of State may by regulations make provision —
a
imposing requirements to be complied with by persons holding licences issued in pursuance of regulations under subsection (1), or by prescribed descriptions of such persons, which may include requirements as to goods, services or other benefits which are or are not to be provided by any person in prescribed circumstances;
b
about rights of action in respect of contraventions of requirements imposed by virtue of paragraph (a);
c
imposing criminal penalties for contraventions of such requirements.
4
Regulations made by virtue of subsection (3)(c) may not provide for penalties exceeding, in the case of each contravention —
a
on summary conviction, a fine of the statutory maximum;
b
on conviction on indictment, a fine and imprisonment for a term not exceeding 2 years.
5
In this section “flight accommodation” means accommodation for the carriage of persons on flights in any part of the world.
5
In consequence of the above —
a
in sections 71A(1) and (3) and 71B(2)(a) of the Civil Aviation Act 1982 (contributions by licence holders to Air Travel Trust) for “71” substitute “71(1)”;
b
in section 99(4) of that Act (offences) for “71” substitute “71(1) or (3)”.
CAA membership
CAA membership
95
1
In section 2 of the Civil Aviation Act 1982 (constitution of CAA) for subsection (2) substitute —
2
The CAA is to consist of at least seven but not more than sixteen members.
2A
It is to consist of —
a
a person appointed to chair the CAA (“the chair”) and other non-executive members, and
b
a chief executive and other executive members.
2B
The chair and other non-executive members are to be appointed by the Secretary of State.
2C
The Secretary of State may appoint a deputy chair from among the non-executive members.
2D
The chief executive is to be appointed by the non-executive members with the approval of the Secretary of State.
2E
Other executive members are to be appointed by the chief executive with the approval of —
a
the chair, and
b
at least one other non-executive member.
2F
The Secretary of State and the chief executive must exercise their powers under this section to secure that, so far as practicable, the number of non-executive members exceeds the number of executive members.
2
In paragraph 12 of Schedule 1 to that Act (CAA staff), at the beginning insert “Subject to section 2,”.
3
In paragraph 18 of that Schedule (interpretation of additional provisions relating to constitution, etc of CAA), for the words from ““the chairman”” to “the CAA and” substitute
—
a
chair”, “deputy chair”, “member”, “executive member” and “non-executive member” mean respectively the chair, the deputy chair, a member, an executive member and a non-executive member of the CAA, and
b
.
Non-executive members of CAA
96
1
Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.
2
For the heading immediately before paragraph 1 substitute —
Appointment and tenure of non-executive members
.
3
In paragraphs 1 to 4 for “a member”, in each place, substitute “a non-executive member”.
4
In paragraph 1(b) for “each member” substitute “each non-executive member”.
5
In paragraphs 2 to 4 for “the chairman or a deputy chairman”, in each place, substitute “the chair or deputy chair”.
6
In paragraph 5 for sub-paragraph (1) substitute —
1
The Secretary of State may by notification in writing remove a non-executive member from office if the Secretary of State is satisfied that the member —
a
has a financial or other interest that is likely to affect prejudicially the performance of the member’s functions,
b
has become bankrupt or made an arrangement with the member’s creditors,
c
is a person in respect of whom a debt relief order has been made under Part 7A of the Insolvency Act 1986,
d
is failing, or has failed, to perform the functions of a non-executive member, or
e
is otherwise unable or unfit to perform those functions.
7
For the heading immediately before paragraph 6 substitute —
Remuneration etc of non-executive members
.
8
In paragraph 6 —
a
for “member” substitute “non-executive member”, and
b
omit “with the consent of the Treasury”.
9
In paragraph 7 —
a
omit “with the consent of the Treasury”,
b
for “pensions, allowances or gratuities to or in respect of” substitute “allowances to”,
c
for “members” substitute “non-executive members”, and
d
omit sub-paragraph (2).
10
In paragraph 8 —
a
for “member” substitute “non-executive member”, and
b
omit “with the consent of the Treasury” in both places.
11
Omit paragraph 13(2) (member’s participation in employee pension scheme).
Executive members of CAA
97
1
Schedule 1 to the Civil Aviation Act 1982 (additional provisions relating to constitution, etc of CAA) is amended as follows.
2
After paragraph 8 insert —
Executive members: terms and conditions
8A
1
The chief executive is to be employed on such terms and conditions as the non-executive members may determine.
2
Other executive members are to be employed on such terms and conditions as the chief executive may determine with the approval of the chair and at least one other non-executive member.
3
In sub-paragraphs (1) and (2) references to terms and conditions include terms and conditions as to remuneration and the payment of pensions, allowances or gratuities.
4
The CAA shall make provision for the payment of pensions, allowances and gratuities to or in respect of executive members in accordance with their terms and conditions.
3
In paragraph 12 (staff) —
a
after “a reference to” insert
a person who is —
a
an executive member, or
b
, and
b
at the end insert “(referred to in this Act as a “general employee”)”.
4
In paragraph 13(1) (payment of pensions, allowances and gratuities) for “its employees” substitute “its general employees”.
5
In Schedule 3 to that Act (matters arising out of certain transfers to the CAA), in paragraph 2(1) for “an employee” substitute “a general employee”.
CAA’s air navigation functions
98
1
In section 66 of the Transport Act 2000 (CAA’s air navigation functions), for subsection (3) substitute —
3
The chief executive of the CAA must, with the approval of the chair and at least one other non-executive member of the CAA, nominate another executive member of the CAA for the purposes of this section.
3A
A person nominated under subsection (3) must perform on the CAA’s behalf such of its air navigation functions as the Secretary of State may specify.
3B
The chief executive must consult the Secretary of State before nominating a person under subsection (3).
2
In section 67 of that Act (national security nominee), in subsection (1) for “member” substitute “non-executive member”.
Transitional and saving provision
99
Schedule 14 (CAA membership: transitional and saving provision) has effect.
Further provision about CAA
CAA charges
100
1
Section 11 of the Civil Aviation Act 1982 (schemes and regulations determining CAA’s charges) is amended as follows.
2
In subsection (1) omit “, after consultation with the Secretary of State,”.
3
After that subsection insert —
1A
Before making a scheme under this section, the CAA must —
a
consult the persons who, in its opinion, are likely to be affected by the scheme or such of those persons as it thinks fit, and
b
after consulting those persons, consult the Secretary of State.
4
In subsection (2) for “sixty days” substitute “14 days”.
5
After subsection (3) insert —
3A
Before making regulations under this section, the Secretary of State must consult the persons who, in the Secretary of State’s opinion, are likely to be affected by the regulations or such of those persons as the Secretary of State thinks fit.
3B
Subsection (3A) does not apply if the Secretary of State is satisfied that such consultation is unnecessary having regard to consultation carried out by the CAA in accordance with subsection (1A).
6
In section 16 of that Act (provision by CAA of assistance etc for Secretary of State and others), in subsection (4A) —
a
after “with” insert
—
a
, and
b
at the end insert
, or
b
the making of regulations under section 11(3).
7
In section 17 of that Act (provision by CAA of information etc for Secretary of State), at the end insert —
4
Subsection (3) above does not apply in relation to information furnished to the Secretary of State in connection with the making of regulations under section 11(3).
Criminal proceedings
101
In section 20 of the Civil Aviation Act 1982 (supplementary provisions with respect to the functions of CAA), after subsection (1) insert —
1A
The power conferred on the CAA by subsection (1)(a) includes power to institute and carry on criminal proceedings in England and Wales or Northern Ireland.
CAA efficiency
102
1
Section 21 of the Civil Aviation Act 1982 (annual report) is amended as follows.
2
In subsection (2), after paragraph (d) insert —
e
shall contain a statement by the CAA about efficiency in the performance of its functions (an “efficiency statement”);
f
shall contain the auditors’ assessment mentioned in subsection (2B).
3
After subsection (2) insert —
2A
The Secretary of State may from time to time give directions about matters that must be covered in an efficiency statement, including matters relating to the plans or the past or present activities of the CAA.
2B
The auditors appointed under section 15(2) in respect of an accounting year must produce an assessment of the efficiency statement for that year.
Civil sanctions
103
1
Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions) is amended as follows.
2
In Schedule 5 (designated regulators) at the appropriate place insert —
Civil Aviation Authority
.
3
In Schedule 7 (powers under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert —
Civil Aviation Act 1982, sections 7, 61, 71, 71A, 86
.
Regulatory burdens
104
1
Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to which duty not to impose or maintain unnecessary burdens applies) is amended as follows.
2
In subsection (1), after paragraph (a) insert —
aa
the regulatory functions specified in subsection (2A),
.
3
After subsection (2) insert —
2A
The regulatory functions referred to in subsection (1)(aa) are the regulatory functions exercised by the Civil Aviation Authority under —
a
Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services);
b
Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of operators of dominant airports).
4
In subsection (3) for “subsection (2)” substitute “subsection (2) or (2A)”.
Disclosure of medical information
105
1
Section 23 of the Civil Aviation Act 1982 (disclosure of information) is amended as follows.
2
In subsection (1) for “subsection (4)” substitute “subsections (4) and (4A)”.
3
After subsection (4) insert —
4A
Nothing in subsection (1) above prohibits the disclosure of medical information provided to the CAA in accordance with an Air Navigation Order if —
a
the disclosure is for the purposes of medical research approved by a research ethics committee,
b
the CAA considers that the research is likely to improve understanding of risks to the health of the types of individual who are required by an Air Navigation Order to provide medical information to the CAA,
c
the CAA considers that it would be difficult or expensive to take the steps necessary to enable all of the information to be disclosed in reliance on subsection (1), and
d
the information disclosed is anonymised.
4B
For the purposes of subsection (4A)(d), information is anonymised if no individual can be identified —
a
from that information, or
b
from that information and any other information which the CAA has reasonable grounds for believing is likely to be in the possession of the person to whom it is disclosed or is likely to come into that person’s possession.
4
After subsection (6) insert —
7
In this section “research ethics committee” means a committee which is —
a
established to advise on the ethics of research investigations in human beings, and
b
recognised for that purpose by the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland or by a body comprising two or more of those persons.
Miscellaneous
Dangerous flying
106
1
Section 81 of the Civil Aviation Act 1982 (dangerous flying) is repealed.
2
In consequence of subsection (1) , that Act is amended in accordance with subsections (3) to (7) .
3
In section 76 (liability of aircraft in respect of trespass etc), in subsection (1) omit the words “and there has been no breach of section 81 below”.
4
In section 92 (application of criminal law to aircraft), in the definition of “the air navigation enactments” in subsection (5), for “81 to” substitute “82,”.
5
In section 101 (power to apply certain provisions to Crown aircraft), in subsection (2) omit “81,”.
6
In Part 3 of Schedule 13 (subordinate instruments: supplemental powers), in paragraph 4(2) omit “81,”.
7
In Schedule 14 (transitional and transitory provisions and savings), in paragraph 7 omit “81,”.
Offences under Civil Aviation Act 1982
107
1
Section 99 of the Civil Aviation Act 1982 (offences) is amended as follows.
2
In subsection (4) —
a
for “or under” substitute “, under”, and
b
at the end insert “or under an Air Navigation Order”.
3
In subsection (5) omit paragraphs (c) and (d).
PART 3
Final provisions
Power to make consequential and transitional provision
108
1
The Secretary of State may by regulations make consequential, transitional, transitory or saving provision in relation to any provision of this Act.
2
The regulations may, in particular, amend, repeal, revoke or otherwise modify legislation.
3
Regulations under this section are to be made by statutory instrument.
4
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
5
In this section —
“legislation”, in relation to regulations made in relation to a provision of this Act, means —
an enactment passed before the end of the Session in which this Act is passed, including an enactment contained in this Act, and
an instrument made under an enactment before the provision of this Act comes into force;
“enactment” means an enactment contained in —
an Act,
an Act or Measure of the National Assembly for Wales,
an Act of the Scottish Parliament, or
Northern Ireland legislation.
Financial provision
109
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Commencement
110
1
The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (4) .
2
The following provisions come into force on the day on which this Act is passed —
a
paragraphs 1 and 7 of Schedule 10 and section 76 (5) so far as it relates to those paragraphs, and
b
this Part.
3
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed —
a
sections 83 to 93 and Schedule 13,
b
section 94,
c
sections 95 to 99 and Schedule 14,
d
section 101, and
e
sections 105 to 107.
4
The day appointed for the coming into force of section 3 must fall on or after 1 April 2014, unless paragraph 3 of Schedule 10, or provision having equivalent effect, comes into force on or before the appointed day.
5
An order under this section must be made by statutory instrument.
6
An order under this section may —
a
appoint different days for different purposes, and
b
make transitional, transitory or saving provision.
Extent
111
1
This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2) .
2
The amendments, repeals and revocations made by section 76 and Schedules 8 and 9 have the same extent as the provisions amended, repealed or revoked.
Channel Islands, Isle of Man and British overseas territories
112
1
The powers in section 108(1) of the Civil Aviation Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) are exercisable in relation to the amendments of that Act made by or under this Act.
2
The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) are exercisable in relation to the amendments of that Act made by or under this Act.
3
The power in section 107 of the Transport Act 2000 (extension outside United Kingdom) is exercisable in relation to the amendments of provisions listed in section 107(2) of that Act made by or under this Act.
Short title
113
This Act may be cited as the Civil Aviation Act 2012.
SCHEDULES
SCHEDULE 1
Appeals against determinations
Section 13
Appeals against determinations
1
1
The following may appeal to the Competition Appeal Tribunal against a market power determination in respect of an airport area —
a
a person who is the operator of the area at the time the determination is made, and
b
any other person whose interests are materially affected by the determination.
2
A person who is the subject of an operator determination may appeal to the Competition Appeal Tribunal against the determination.
3
The making of an appeal under this paragraph in respect of a determination does not suspend the effect of the determination, unless the Competition Appeal Tribunal orders otherwise.
Notice of appeal
2
1
An appeal under paragraph 1 against a determination must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.
2
The notice must be received by the Registrar before the end of the period of 60 days beginning with the relevant day.
3
In this paragraph “the relevant day” means the later of —
a
the day on which the CAA publishes the notice of the determination, and
b
the day on which the CAA publishes the reasons for the determination.
4
Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force —
a
as to the person to whom a notice of an appeal under paragraph 1 must be given;
b
providing that such a notice must be received within a longer or shorter period beginning with the relevant day.
Decisions on appeal
3
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the market power determination or operator determination appealed against was wrong on one or more of the following grounds —
a
that the determination was based on an error of fact;
b
that the determination was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may —
a
confirm or set aside all or part of the market power determination or operator determination;
b
direct the CAA to make a further determination;
c
give the CAA such other directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
If the CAA fails to comply with a direction to make a further market power determination in respect of an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.
6
If the Competition Appeal Tribunal makes a market power determination under sub-paragraph (5) —
a
the determination has effect as if made by the CAA, and
b
section 8 applies in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.
7
If the CAA fails to comply with a direction to make a further operator determination in respect of a person and an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.
8
If the Competition Appeal Tribunal makes an operator determination under sub-paragraph (7) —
a
the determination has effect as if made by the CAA under section 10 (1) , and
b
sections 10 (2) and 11 (1) to (3) and (5) apply in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.
Effect of suspending or setting aside market power determination
4
1
This paragraph applies where —
a
the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),
b
the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,
c
determination A ceases to have effect in respect of all or part of area Z by virtue of section 7 (9) or (10) , and
d
there is subsequently an appeal under this Schedule against determination B.
2
If the effect of determination B is suspended under paragraph 1(3) , determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.
3
If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.
4
If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.
5
If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.
6
Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.
7
Nothing in sub-paragraphs (3) to (5) affects the operation of section 7 (9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.
Appeals to Competition Appeal Tribunal: supplementary
5
1
When deciding an appeal under paragraph 1 (including giving directions), making an order under paragraph 1 or 4 or making a market power determination or operator determination, the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
2
When deciding an appeal under paragraph 1 relating to a market power determination (including giving directions) or making such a determination, the Competition Appeal Tribunal must have regard to the notices, guidance, advice and information described in section 6 (10) .
Further appeals
6
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 3 or 4(3) or (4) , including a direction.
2
An appeal under this paragraph against a decision relating to a market power determination may be brought by —
a
a party to the proceedings before the Competition Appeal Tribunal, or
b
a person whose interests are materially affected by the decision or direction.
3
An appeal under this paragraph against a decision relating to an operator determination may be brought by a party to the proceedings before the Competition Appeal Tribunal.
4
An appeal may not be brought under this paragraph without the permission of —
a
the Competition Appeal Tribunal, or
b
the appropriate court.
5
“The appropriate court” means —
a
in the case of an appeal from proceedings in England and Wales or Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.
SCHEDULE 2
Appeals under sections 24 and 25
Section 30
PART 1
Permission to appeal
Application for permission to appeal
1
1
An application for permission to appeal under section 24 or 25 against a decision in respect of a licence may not be made after the end of the period of 6 weeks beginning with the day on which the CAA published the relevant notice.
2
In this paragraph “the relevant notice” means —
a
in the case of an application for permission to appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and
b
in the case of an application for permission to appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the application.
3
The applicant must send a copy of the application to the CAA.
4
The CAA must —
a
publish the application, and
b
send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5
Those persons are —
a
the holder of the licence that is the subject of the application,
b
any other person with a qualifying interest in the decision that is the subject of the application, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Determination of application for permission to appeal
2
1
The Competition Commission’s decision on an application for permission to appeal is to be taken by an authorised member of the Commission.
2
The authorised member must take the decision before the end of the period of 10 weeks beginning with the day on which the CAA published the relevant notice (as defined in paragraph 1 ).
3
The authorised member may grant permission to appeal subject to conditions.
4
The conditions may, in particular, include —
a
conditions which limit the matters that are to be considered on the appeal,
b
conditions for the purpose of expediting the determination of the appeal, and
c
conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.
5
An authorised member of the Competition Commission who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 24 or 25 must grant it subject to conditions excluding consideration of —
a
matters that were considered as part of the earlier appeal, and
b
matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,
unless the member considers that there are compelling reasons not to do so.
6
In sub-paragraph (5) , in relation to an applicant, “relevant connected person” means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the Competition Commission.
7
The Competition Commission must —
a
publish the decision on an application for permission to appeal and the reasons for the decision, and
b
send a copy of the decision and reasons to the persons listed in sub-paragraph (8) .
8
Those persons are —
a
the holder of the licence which is the subject of the application,
b
if the application was made by someone other than the holder of that licence, the applicant,
c
any other person with a qualifying interest in the decision that is the subject of the application,
d
such bodies representing airport operators or providers of air transport services as the Commission considers appropriate, and
e
the CAA.
9
Section 29 (5) applies to the publication of a decision and reasons under this paragraph as it applies to the publication of an order containing a determination of an appeal.
Time limit for CAA to make representations
3
1
This paragraph applies where the CAA wishes to make representations to the Competition Commission in relation to an application under paragraph 1 for permission to appeal against a decision.
2
The CAA must make the representations in writing before the end of the period of 8 weeks beginning with the day on which the CAA publishes the relevant notice (as defined in paragraph 1 ).
3
The CAA must send a copy of its representations to —
a
the holder of the licence which is the subject of the application,
b
if the application was made by someone other than the holder of that licence, the applicant,
c
any other person with a qualifying interest in the decision that is the subject of the application, and
d
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
PART 2
Intervention in appeal
Application for permission to intervene in appeal
4
1
Where an application is made under paragraph 1 for permission to appeal against a decision, an application for permission to intervene in the appeal may be made to the Competition Commission by another person who would be entitled to appeal against the decision.
2
An application for permission to intervene may be made before the end of the period of 1 week beginning with the day on which the Competition Commission publishes its decision to grant permission to appeal against the decision.
3
An application for permission to intervene may be made after the end of that period only with the leave of an authorised member of the Competition Commission.
4
The applicant must send a copy of the application to the CAA.
5
The CAA must —
a
publish the application, and
b
send a copy of the application to the persons listed in sub-paragraph (6) (other than the applicant).
6
Those persons are —
a
the holder of the licence that is the subject of the application for permission to appeal,
b
any other person with a qualifying interest in the decision that is the subject of that application, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Determination of application for permission to intervene
5
1
The Competition Commission’s decision on an application for permission to intervene is to be taken by an authorised member of the Commission.
2
An authorised member of the Competition Commission may grant permission to intervene in an appeal only if satisfied that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.
3
The authorised member —
a
may grant permission to intervene for the purposes of supporting or opposing an appeal;
b
must make any permission to intervene for the purposes of supporting an appeal subject to conditions preventing the intervener from putting forward new grounds of appeal;
c
may make permission to intervene subject to other conditions, including conditions which limit the matters that may be raised by the intervener.
4
The Competition Commission must —
a
publish the decision on an application for permission to intervene and the reasons for the decision, and
b
send a copy of the decision and reasons to the persons listed in sub-paragraph (5) .
5
Those persons are —
a
the holder of the licence which is the subject of the application,
b
if the application was made by someone other than the holder of that licence, the applicant,
c
any other person with a qualifying interest in the decision that is the subject of the application,
d
such bodies representing airport operators or providers of air transport services as the Commission considers appropriate, and
e
the CAA.
6
Section 29 (5) applies to the publication of a decision and reasons under this paragraph as it applies to the publication of an order containing a determination of an appeal.
PART 3
Automatic suspension of condition of new licence or modification
Automatic suspension of condition of new licence including exception for certain financial arrangements
6
1
Sub-paragraph (2) applies where —
a
the CAA decides to grant a licence under section 15,
b
an application is made for permission to appeal under section 24 against the CAA’s decision to include a relevant financial arrangements condition in the licence, and
c
the relevant financial arrangements condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 15 (“the 10 week period”).
2
The relevant financial arrangements condition does not have effect during the 10 week period.
3
Sub-paragraph (4) applies where —
a
the CAA decides to grant a licence under section 15, and
b
the Competition Commission grants an application for permission to appeal under section 24 against the CAA’s decision to include a relevant financial arrangements condition in the licence.
4
The relevant financial arrangements condition does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).
5
In this paragraph, “relevant financial arrangements condition” means a condition that is subject to an exception (however expressed) relating to, or operating by reference to, financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before section 3 came into force.
6
For the purposes of this paragraph, financial arrangements entered into after section 3 came into force but pursuant to other financial arrangements entered into by the holder of the licence, or a person connected to the holder of the licence, before that time are to be treated as entered into before that time.
Automatic suspension of modification of existing licence involving exception for certain financial arrangements
7
1
Sub-paragraph (2) applies where —
a
the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition,
b
an application is made for permission to appeal under section 25 against the decision, and
c
the condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 22 (“the 10 week period”).
2
The relevant financial arrangements condition does not have effect during the 10 week period.
3
Sub-paragraph (4) applies where —
a
the CAA decides under section 22 to modify a licence by adding a relevant financial arrangements condition, and
b
the Competition Commission grants permission to appeal against the decision.
4
The relevant financial arrangements condition does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).
5
In this paragraph, “relevant financial arrangements condition” has the same meaning as in paragraph 6 .
8
1
Sub-paragraph (2) applies where —
a
the CAA decides under section 22 to modify a licence condition,
b
the decision is subject to the restrictions in section 23,
c
an application is made for permission to appeal under section 25 against the decision, and
d
the licence modification that is the subject of the decision would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with the day on which notice of the decision was published in accordance with section 22 (“the 10 week period”).
2
The licence modification does not have effect during the 10 week period.
3
Sub-paragraph (4) applies where —
a
the CAA decides under section 22 to modify a licence condition,
b
the decision is subject to the restrictions in section 23, and
c
the Competition Commission grants permission to appeal against the decision.
4
The licence modification does not have effect until the appeal against the decision is determined or withdrawn (or, if there is more than one appeal against the decision, until all of the appeals are determined or withdrawn).
PART 4
Application for suspension of condition of new licence or modification
Application for direction suspending condition of new licence
9
1
Where an application is made for permission to appeal against a decision under section 15 to include a condition in a licence, an application for a direction suspending the effect of the decision may be made to the Competition Commission —
a
by the person who applied for permission to appeal, or
b
by another person who would be entitled to appeal against the decision.
2
An application for a direction may be made at any time before the determination of the appeal.
3
The applicant must send a copy of the application to the CAA.
4
The CAA must —
a
publish the application, and
b
send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5
Those persons are —
a
the holder of the licence that is the subject of the application,
b
any other person with a qualifying interest in the decision that is the subject of the application, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Effect of early application for direction under paragraph 9
10
1
This paragraph applies if —
a
an application is made under paragraph 9 for a direction suspending the effect of a decision under section 15 to include a condition in a licence,
b
the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published the notice of the decision to grant the licence in accordance with section 15, and
c
the licence condition would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).
2
The licence condition does not have effect during the 10 week period.
3
The Competition Commission’s decision on the application under paragraph 9 must be taken before the end of the 10 week period.
Direction following application under paragraph 9
11
1
The Competition Commission’s functions in relation to an application under paragraph 9 for a direction are to be carried out by an authorised member of the Commission.
2
An authorised member of the Competition Commission may give a direction suspending the effect of a decision under section 15 to include a condition in a licence only if —
a
the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and
b
the balance of convenience does not otherwise require the licence condition to have effect from that date.
3
If an authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect —
a
to the extent specified in the direction, and
b
for the period specified or described in the direction.
4
The Competition Commission may by notice vary or withdraw a direction under this paragraph if it considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2) .
Application for direction suspending licence modification
12
1
Where an application for permission to appeal against a decision under section 22 to modify a licence condition is made, an application for a direction suspending the effect of the decision may be made to the Competition Commission —
a
by the person who applied for permission to appeal, or
b
by another person who would be entitled to appeal against the decision.
2
An application for a direction may be made at any time before the determination of the appeal.
3
The applicant must send a copy of the application to the CAA.
4
The CAA must —
a
publish the application, and
b
send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5
Those persons are —
a
the holder of the licence that is the subject of the application,
b
any other person with a qualifying interest in the decision that is the subject of the application, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Effect of early application for direction under paragraph 12
13
1
This paragraph applies if —
a
an application is made under paragraph 12 for a direction suspending the effect of a decision under section 22 to modify a licence condition,
b
the application is made before the end of the period of 6 weeks beginning with the day on which the CAA published notice of that decision in accordance with that section, and
c
the modification would have effect, but for this paragraph, before the end of the period of 10 weeks beginning with that day (“the 10 week period”).
2
The modification does not have effect during the 10 week period.
3
The Competition Commission’s decision on the application under paragraph 12 must be taken before the end of the 10 week period.
Direction following application under paragraph 12
14
1
The Competition Commission’s functions in relation to an application under paragraph 12 for a direction are to be carried out by an authorised member of the Commission.
2
An authorised member of the Competition Commission may give a direction suspending the effect of a decision under section 22 to include a condition in a licence only if —
a
the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and
b
the balance of convenience does not otherwise require the licence condition to have effect from that date.
3
If an authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect —
a
to the extent specified in the direction, and
b
for the period specified or described in the direction.
4
The Competition Commission may by notice vary or withdraw a direction under this paragraph if it considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2) .
Publication of decisions about directions
15
1
The Competition Commission must —
a
publish a decision on an application under paragraph 9 or 12 for a direction and the reasons for the decision, and
b
send a copy of the decision and reasons to the persons listed in sub-paragraph (4) .
2
Where paragraph 10 or 13 applies, the Competition Commission must comply with sub-paragraph (1) before the end of the 10 week period referred to in that paragraph.
3
The Competition Commission must —
a
publish any notice varying or withdrawing a direction under paragraph 11 or 14 and the reasons for the variation or withdrawal, and
b
send a copy of the notice and reasons to the persons listed in sub-paragraph (4) .
4
Those persons are —
a
the holder of the licence which is the subject of the application or direction,
b
if the application for the direction was made by someone other than the holder of that licence, the applicant,
c
any other person with a qualifying interest in the decision that is the subject of the application,
d
such bodies representing airport operators or providers of air transport services as the Commission considers appropriate, and
e
the CAA.
5
Section 29 (5) applies to the publication of a decision, notice or reasons mentioned in sub-paragraph (1) or (3) as it applies to the publication of an order containing a determination of an appeal.
Time limit for CAA to make representations
16
1
This paragraph applies where the CAA wishes to make representations to the Competition Commission in relation to an application under paragraph 9 or 12 for a direction.
2
In a case to which paragraph 10 or 13 applies, the CAA must make the representations in writing before the end of the period of 8 weeks beginning with the day on which the CAA published the relevant notice.
3
In sub-paragraph (2) “the relevant notice” means —
a
in the case of an application under paragraph 9 , the notice published in accordance with section 15 of the decision to grant the licence, and
b
in the case of an application under paragraph 12 , the notice published in accordance with section 22 of the decision that is the subject of the application.
4
In any other case —
a
the Competition Commission must specify a reasonable period for making representations, and
b
the CAA must make the representations in writing before the end of that period.
5
In all cases, the CAA must send a copy of its representations to —
a
the holder of the licence which is the subject of the application,
b
if the application was made by someone other than the holder of that licence, the applicant,
c
any other person with a qualifying interest in the decision that is the subject of the application, and
d
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
PART 5
Appeals
Determination of appeal by group
17
1
The following functions of the Competition Commission are to be carried out, in accordance with appeal rules, by a group selected for the purpose by the Chairman —
a
considering and determining an appeal, and
b
giving directions and taking other steps to give effect to the Commission’s determination on an appeal.
2
The group must consist of 3 members of the Competition Commission.
3
The Chairman must appoint one of the members of the group to be its chair.
4
The Chairman may —
a
select himself or herself to be a member of the group, and
b
appoint himself or herself to be its chair.
5
A decision of the group is effective only if —
a
all of the members of the group are present when it is made, and
b
at least 2 members of the group are in favour of the decision.
Replacing members of group
18
1
The Chairman may select a member of the Competition Commission to replace another as a member of a group with the function of determining an appeal if —
a
the person being replaced has ceased to be a member of the Commission,
b
the Chairman is satisfied that the person being replaced will be unable, for a substantial period, to perform the duties of a member of the group, or
c
the Chairman is satisfied that, because of a particular interest of the person being replaced, it is inappropriate for that person to remain a member of the group.
2
The Chairman may select himself or herself to replace a member of the group.
3
The replacement of a member of the group does not —
a
prevent the group from continuing with anything begun before the member is replaced, or
b
affect any decision made, or direction given, by the group before the member is replaced.
Representations made by the CAA
19
1
This paragraph applies where an application for permission to appeal has been granted and the CAA makes representations to the Competition Commission for the purposes of the appeal.
2
The CAA must send a copy of its representations to —
a
the holder of the licence which is the subject of the appeal,
b
if the appeal was brought by someone other than the holder of that licence, the appellant,
c
any other person with a qualifying interest in the decision that is the subject of the appeal, and
d
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Matters that may be disregarded
20
1
A group with the function of determining an appeal may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that the appeal is determined within the period allowed under section 28, unless they are matters contained in representations made to the Competition Commission —
a
in accordance with paragraph 16 , or
b
before the end of the period of 12 weeks beginning with the day on which the relevant notice was published.
2
In sub-paragraph (1) “the relevant notice” means —
a
in the case of an appeal under section 24, the notice published in accordance with section 15 of the decision to grant the licence, and
b
in the case of an appeal under section 25, the notice published in accordance with section 22 of the decision that is the subject of the appeal.
3
A group with the function of determining an appeal may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that the appeal is determined within the period allowed under section 28, unless the matters were raised by the appellant —
a
at the time of the application under paragraph 1 for permission to appeal, or
b
in an application under paragraph 9 or 12 for a direction.
4
A group with the function of determining an appeal may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that the appeal is determined within the period allowed under section 28, unless the matters were raised by the intervener —
a
at the time of the application under paragraph 4 for permission to intervene, or
b
in an application under paragraph 9 or 12 for a direction.
Remitting decision to CAA
21
1
This paragraph applies where the Competition Commission decides to remit a matter that is the subject of an appeal to the CAA for reconsideration and decision.
2
Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 22 (6) in respect of the modification may, with the agreement of the holder of the licence, specify a date falling —
a
before the end of the period of 6 weeks beginning with the date on which the notice is published, but
b
on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.
3
Where, on reconsidering the matter, the CAA considers it appropriate to modify a licence by adding or altering a price cap condition in respect of goods and services —
a
sub-paragraph (4) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (4) and (6) ) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and
b
sub-paragraph (6) applies if the proposed maximum charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.
4
Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the CAA considers appropriate.
5
The reference in sub-paragraph (4) to lower charges does not include charges of less than the proposed maximum charges.
6
Where this sub-paragraph applies, the CAA may modify the licence so that it includes such price cap conditions as the CAA considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the CAA considers appropriate.
7
The reference in sub-paragraph (6) to higher charges does not include charges of more than the proposed maximum charges.
8
For the purposes of this paragraph a licence condition is a price cap condition to the extent that it regulates prices by providing that the amount, or the maximum amount, that may be charged is an amount specified in, or determined in accordance with, the condition.
9
In this paragraph “appeal period” has the same meaning as in section 28.
Substituting CAA’s decision
22
1
This paragraph applies where the Competition Commission decides to substitute its own decision for a decision of the CAA that is the subject of an appeal.
2
Section 23 applies to the Competition Commission as it applies to the CAA.
3
The Competition Commission’s decision has effect as if made by the CAA, except that —
a
section 22 (6) does not apply, and
b
an appeal may not be brought against it under this Chapter.
4
Any modification of a licence effected by the Competition Commission’s decision takes effect from the date specified by the Commission.
5
The Competition Commission may, with the agreement of the holder of the licence, specify a date falling —
a
before the date on which the order containing its decision is published, but
b
on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.
6
Where the Competition Commission considers it appropriate to modify the licence by adding or altering a price cap condition in respect of goods and services —
a
sub-paragraph (7) applies if the highest charges that would be permitted by the new or altered price cap condition (disregarding sub-paragraphs (7) and (9) ) (“the proposed maximum charges”) are lower than charges imposed by the holder of the licence in respect of such goods and services during all or part of the appeal period, and
b
sub-paragraph (9) applies if the proposed charges are higher than charges imposed by the holder of the licence in respect of such goods and services during all or part of that period.
7
Where this sub-paragraph applies, the Competition Commission’s decision may modify the licence so that it includes such price cap conditions as the Commission considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such lower charges as the Commission considers appropriate.
8
The reference in sub-paragraph (7) to lower charges does not include charges of less than the proposed maximum charges.
9
Where this sub-paragraph applies, the Competition Commission’s decision may modify the licence so that it includes such price cap conditions as the Commission considers appropriate with a view to putting the holder of the licence in the position that it would have been in if, during the appeal period, it had imposed such higher charges as the Commission considers appropriate.
10
The reference in sub-paragraph (9) to higher charges does not include charges of more than the proposed maximum charges.
11
In this paragraph —
“appeal period” has the same meaning as in section 28;
“price cap condition” has the same meaning as in paragraph 21 .
PART 6
General
Consideration of new matters
23
1
This paragraph applies to —
a
an authorised member of the Competition Commission with the function of determining an application for permission to appeal under section 24 or 25, and
b
a group with the function of determining an appeal.
2
The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that —
a
the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and
b
the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
3
The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that —
a
the person or a relevant connected person could not reasonably have raised the matter with the CAA, or provided the information or evidence to the CAA, during the period in which the CAA was making that decision, and
b
the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
4
Where the member or group has regard to a matter, information or evidence in reliance on sub-paragraph (2) or (3) , those sub-paragraphs do not prevent the member or group having regard to further matters, information or evidence raised or provided in response to it if the member or group considers that the further matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
5
In sub-paragraph (3) , in relation to a person who raises or provides a matter, information or evidence, “relevant connected person” means a person who was connected to that person at any time during the period in which the CAA was making the decision that is the subject of the application or appeal.
6
References in this paragraph to the period in which the CAA was making a decision are to the period —
a
beginning with the publication of a notice under section 15 (1) or 22 (2) proposing to make the decision, and
b
ending with the publication of a notice under section 15 (5) or 22 (6) in relation to the decision.
Production of documents
24
1
The Competition Commission may by notice require a person to produce to the Commission documents specified or described in the notice that are in the person’s custody or under the person’s control.
2
The notice may require the production of documents —
a
at the time and place specified in the notice, and
b
in the form and manner specified in the notice.
3
The notice may not require a person to produce documents that the person could not be compelled to provide in evidence in civil proceedings before the appropriate court.
4
A notice under this paragraph may be given on the Competition Commission’s behalf by —
a
a member of the Commission, or
b
its secretary.
Oral hearings
25
1
For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath —
a
an authorised member of the Competition Commission considering an application under paragraph 1 for permission to appeal,
b
an authorised member of the Competition Commission considering an application under paragraph 4 for permission to intervene,
c
an authorised member of the Competition Commission considering an application under paragraph 9 or 12 for a direction, and
d
a group with the function of determining an appeal.
2
In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.
3
The Competition Commission may by notice require a person —
a
to attend at a time and place specified in the notice, and
b
at that time and place, to give evidence to a member or group described in sub-paragraph (1) .
4
At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations —
a
the applicant, the appellant or any intervener (if present), or
b
a person attending the hearing as a representative of the applicant, the appellant, an intervener or the CAA.
5
A person who gives oral evidence at the hearing may be cross-examined by or on behalf of a party to the appeal, subject to sub-paragraph (6) .
6
Such a person may be cross-examined by or on behalf of an intervener only with the leave of the person or group conducting the hearing.
7
If the applicant, the appellant, an intervener or a representative of such a person or the CAA is not present at a hearing —
a
the Competition Commission is not required to give notice to that person under sub-paragraph (3) , and
b
the member or group conducting the hearing may determine the application or appeal without hearing that person’s evidence or representations.
8
A person may not be required under this paragraph to give evidence that the person could not be compelled to give in civil proceedings before the appropriate court.
9
Where a person is required under this paragraph to attend at a place more than 16 kilometres from the person’s place of residence, the Competition Commission must pay the person the necessary expenses of attendance.
10
A notice under this paragraph may be given on the Competition Commission’s behalf by —
a
a member of the Commission, or
b
its secretary.
Written evidence
26
1
The Competition Commission may by notice require a person to produce a written statement with respect to a matter specified in the notice to —
a
an authorised member of the Competition Commission considering an application under paragraph 1 for permission to appeal,
b
an authorised member of the Competition Commission considering an application under paragraph 4 for permission to intervene,
c
an authorised member of the Competition Commission considering an application under paragraph 9 or 12 for a direction, or
d
a group with the function of determining an appeal.
2
The notice may require the written statement —
a
to be produced at the time and place specified in the notice, and
b
to be verified by a statement of truth.
3
Where a notice requires a written statement to be verified by a statement of truth, the statement may be disregarded unless it is so verified.
4
A person may not be required under this paragraph to produce a written statement about a matter about which the person could not be compelled to give evidence in civil proceedings before the appropriate court.
5
A notice under this paragraph may be given on the Competition Commission’s behalf by —
a
a member of the Commission, or
b
its secretary.
Expert advice
27
Where permission to appeal is granted under paragraph 2 , the Competition Commission may commission expert advice with respect to any matter raised by a party to the appeal.
Enforcement of requirements in relation to evidence etc
28
1
This paragraph applies where a person (“P”) —
a
fails to comply with a notice under paragraph 24 , 25 or 26 ,
b
fails to comply with any other requirement imposed under paragraph 24 , 25 or 26 ,
c
in complying with a notice under paragraph 26 , makes a statement that is false or misleading in a material respect, or
d
in providing information verified by a statement of truth required by appeal rules, provides information that is false or misleading in a material respect.
2
A member of the Competition Commission may certify to the appropriate court —
a
the failure,
b
the fact that P has made a false or misleading statement in circumstances described in sub-paragraph (1)(c) , or
c
the fact that P has provided false or misleading information in circumstances described in sub-paragraph (1)(d) .
3
The appropriate court may inquire into the certified failure or act and, if it does so, must hear —
a
any witness against P,
b
any witness on behalf of P, and
c
any statement in P’s defence.
4
The appropriate court may punish P as if P had been guilty of contempt of court if it is satisfied that —
a
the certified failure or act took place, and
b
P did not have a reasonable excuse for the failure or act.
5
Where P is a body corporate, the appropriate court may punish any director or other officer of that body, either instead of or as well as punishing the body.
6
In this paragraph “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.
Destruction of documents
29
1
A person who intentionally alters, suppresses or destroys a document that the person has been required to produce under paragraph 24 is guilty of an offence.
2
A person guilty of an offence under this paragraph is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for not more than 2 years or a fine (or both).
Withdrawal of applications and appeals
30
1
An application under paragraph 1 for permission to appeal may be withdrawn only with the consent of the Competition Commission.
2
After an application for permission to appeal is granted, the appeal may be withdrawn only with the consent of the Competition Commission.
3
An application under paragraph 4 for permission to intervene may be withdrawn only with the consent of the Competition Commission.
4
After an application for permission to intervene is granted, the intervener may withdraw from the appeal only with the consent of the Competition Commission.
5
An application under paragraph 9 or 12 for a direction suspending the effect of a decision may be withdrawn at any time.
6
Withdrawal of an application under this Schedule or of an appeal has effect when the applicant or appellant gives notice to the Competition Commission.
7
The applicant or appellant must send a copy of the notice to the CAA.
8
The CAA must —
a
publish the notice, and
b
send a copy of the notice to the persons listed in sub-paragraph (9) (other than the person withdrawing the application or appeal).
9
Those persons are —
a
the holder of the licence that is the subject of the application or appeal,
b
any other person with a qualifying interest in the decision that is the subject of the application or appeal, and
c
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
Appeal rules
31
1
The Competition Commission may make rules regulating the conduct and disposal of appeals.
2
The rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides.
3
The rules may, in particular, include —
a
provision requiring an application to be accompanied by information specified in the rules,
b
provision requiring such information to be verified by a statement of truth,
c
provision requiring an applicant to provide the CAA with information specified in the rules,
d
provision imposing time limits or other restrictions on the taking of evidence at an oral hearing, and
e
provision imposing time limits or other restrictions on the making of representations or observations at such a hearing.
4
The rules may make different provision for different purposes.
5
Before making rules under this paragraph the Competition Commission must consult such persons as it considers appropriate.
6
The Competition Commission must publish rules made under this paragraph.
Costs
32
1
Where an application under this Schedule or an appeal is withdrawn, an authorised member of the Competition Commission may make such order as the member thinks fit requiring the parties to the application or appeal to make payments to each other and to the Commission in respect of costs incurred in connection with the application or appeal.
2
A group that determines an appeal must make an order requiring the payment to the Competition Commission of the costs incurred by the Commission in connection with the appeal.
3
An order under sub-paragraph (2) must require those costs to be paid —
a
where the appeal is allowed in full, by the CAA,
b
where the appeal is dismissed in full, by the appellant, and
c
where the appeal is allowed in part, by the appellant and the CAA in such proportions as the Competition Commission considers appropriate,
subject to sub-paragraph (4) .
4
The order may require an intervener in the appeal to pay such proportion of those costs (if any) as the Competition Commission considers appropriate.
5
A group that determines an appeal may make such order as it thinks fit requiring one party to the appeal to make payments to another in respect of costs reasonably incurred by the other party in connection with the appeal.
6
A person who is required to make a payment by an order under this paragraph must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.
7
If that person does not do so, the unpaid balance carries interest at a rate specified in the order or determined in accordance with the order.
8
In this paragraph, references to an intervener in an appeal, and to a party to an appeal, include a person who was granted permission to intervene in the appeal and subsequently withdrew from the appeal.
Secretary of State’s power to modify time limits
33
The Secretary of State may by regulations modify any period of time specified in this Schedule.
Publication etc
34
Where the CAA or the Competition Commission is required by this Schedule to publish something or send a copy of something and this Schedule does not specify a time for doing so, it must publish or send it as soon as practicable.
Interpretation
35
1
In this Schedule —
“appeal” means an appeal under section 24 or 25;
“appeal rules” means rules under paragraph 31 ;
“the appropriate court” means —
in relation to England and Wales and Northern Ireland, the High Court, and
in relation to Scotland, the Court of Session;
“authorised member of the Competition Commission”, in relation to a power exercisable in connection with an appeal against a decision, means —
the Chairman,
a member of the Commission authorised by the Chairman to exercise that power, or
a member of any group which has, or (if permission to appeal is granted) will have, the function of determining an appeal against the decision;
“Chairman” means the Chairman of the Competition Commission;
“a group” means a group selected in accordance with paragraphs 17 and 18 ;
“intervener”, in relation to an appeal, means a person who has been granted permission to intervene in the appeal and who has not withdrawn from the appeal (but see paragraph 32(8) );
“statement of truth”, in relation to the production of a statement or in relation to information provided by a person, means a statement that the person producing that statement or providing that information believes the facts contained in the statement or the information to be true.
2
References in this Schedule to a party to an application are to —
a
the applicant, or
b
the CAA.
3
References in this Schedule to a party to an appeal are to —
a
the appellant,
b
an intervener, or
c
the CAA.
4
For the purposes of this Schedule and sections 28 and 29, a person has a qualifying interest in a decision that is the subject of an appeal or an application under this Schedule for permission to appeal if —
a
the person has been granted permission to appeal against the decision and has not withdrawn the appeal,
b
the person has applied for permission to appeal against the decision and the application has not been withdrawn or refused,
c
the person has been granted permission to intervene in an appeal against the decision and the appeal has not been withdrawn,
d
the person has applied for permission to intervene in an appeal against the decision and the application has not been withdrawn or refused, or
e
the person has applied for a direction under this Schedule suspending the effect of the decision, the application has not been withdrawn or refused and any direction made in response to the application has not been withdrawn.
SCHEDULE 3
Appeals against orders and penalties
Section 47
Appeals against enforcement orders and urgent enforcement orders
1
1
A person may appeal to the Competition Appeal Tribunal against —
a
an enforcement order given to the person, or
b
an urgent enforcement order given to the person that has been confirmed.
2
The appeal may be against one or more of the following —
a
a decision to give the order or, in the case of an urgent enforcement order, to confirm the order;
b
a decision as to the steps specified in the order;
c
a decision as to the period allowed for taking those steps.
3
The making of an appeal under this paragraph against an enforcement order suspends the effect of the order until the appeal is decided or withdrawn, unless the Competition Appeal Tribunal orders otherwise.
4
The making of an appeal under this paragraph against an urgent enforcement order does not suspend the effect of the order, unless the Competition Appeal Tribunal orders otherwise.
Appeals against modification and revocation of orders
2
1
A person may appeal to the Competition Appeal Tribunal against —
a
a decision to modify or revoke an enforcement order, or
b
a decision to modify or revoke an urgent enforcement order that has been confirmed.
2
An appeal under this paragraph may be made only by a person —
a
who is not the person to whom the order was given, but
b
who appears to the Competition Appeal Tribunal to have a sufficient interest in the decision.
3
The making of an appeal under this paragraph against the modification or revocation of an order suspends its modification or revocation until the appeal is decided or withdrawn, unless the Competition Appeal Tribunal orders otherwise.
Appeals against penalties
3
1
A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under section 39 or 40.
2
The appeal may be against one or more of the following —
a
a decision to impose the penalty;
b
a decision as to the amount of the penalty;
c
in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
d
a decision as to the period allowed for payment of the penalty.
3
Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
Decisions on appeal
4
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 , 2 or 3 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds —
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may —
a
confirm or set aside the order, modification, revocation or penalty;
b
give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 , 2 or 3 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
Further appeals
5
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 4 , including a direction.
2
An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3
An appeal may not be brought under this paragraph without the permission of —
a
the Competition Appeal Tribunal, or
b
the appropriate court.
4
“The appropriate court” means —
a
in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.
SCHEDULE 4
Appeals against revocation of licence
Section 49
Appeals against revocation of licence
1
1
A person may appeal to the Competition Appeal Tribunal against —
a
a notice under section 48 (1) revoking a licence, and
b
a further notice under section 48 (9) withdrawing a notice revoking a licence,
unless the notice or further notice was given in accordance with a direction given by the Competition Appeal Tribunal under this Schedule.
2
The appeal may be against one or more of the following —
a
a decision to give the notice or further notice;
b
in the case of an appeal under sub-paragraph (1)(a) , a decision as to the day on which revocation takes effect.
3
The making of an appeal under this paragraph against a notice under section 48 (1) revoking a licence —
a
suspends the effect of the notice until the appeal is decided or withdrawn, and
b
extends the period specified in the notice until the appeal is decided or withdrawn.
4
The making of an appeal under this paragraph against a further notice under section 48 (9) withdrawing a notice revoking a licence —
a
suspends the effect of the further notice until the appeal is decided or withdrawn, and
b
extends the period specified in the notice revoking the licence until the appeal is decided or withdrawn.
Notice of appeal
2
1
An appeal under paragraph 1 must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.
2
The notice must be received by the Registrar before the end of the period of 30 days beginning with the relevant day.
3
In the case of an appeal under paragraph 1(1)(a) “the relevant day” means the later of —
a
the day on which the CAA publishes the notice under section 48 (1) revoking the licence, and
b
the day on which the CAA publishes a notice extending the period on which the notice revoking the licence takes effect.
4
In the case of an appeal under paragraph 1(1)(b) “the relevant day” means the day on which the CAA publishes the further notice under section 48 (9) .
5
Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force —
a
as to the person to whom a notice of an appeal under paragraph 1 must be given;
b
providing that such a notice must be received within a longer or shorter period beginning with the relevant day.
Decisions on appeal
3
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds —
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may —
a
confirm or set aside the notice that is the subject of the appeal;
b
give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
Further appeals
4
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 3 , including a direction.
2
An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3
An appeal may not be brought under this paragraph without the permission of —
a
the Competition Appeal Tribunal, or
b
the appropriate court.
4
“The appropriate court” means —
a
in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.
SCHEDULE 5
Appeals against penalties: information
Section 55
Appeals against penalties
1
1
A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under section 51 or 52.
2
The appeal may be against one or more of the following —
a
a decision to impose the penalty;
b
a decision as to the amount of the penalty;
c
in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
d
a decision as to the period allowed for payment of the penalty.
3
Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
Decisions on appeal
2
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds —
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may —
a
confirm or set aside the penalty;
b
give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
Further appeals
3
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 2 , including a direction.
2
An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3
An appeal may not be brought under this paragraph without the permission of —
a
the Competition Appeal Tribunal, or
b
the appropriate court.
4
“The appropriate court” means —
a
in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.
SCHEDULE 6
Restrictions on disclosing information
Section 59
Prohibition on disclosure
1
1
This paragraph applies to information if —
a
it was obtained under or by virtue of Chapter 1 of this Part, and
b
it relates to the affairs of an individual or to a particular business.
2
The information must not be disclosed —
a
during the lifetime of the individual, or
b
while the business continues to be carried on.
3
Sub-paragraph (2) has effect subject to the following provisions of this Schedule.
Disclosure with consent
2
Paragraph 1(2) does not apply to a disclosure made with the consent of —
a
the individual, or
b
the person for the time being carrying on the business.
Disclosure of information already available to public
3
Paragraph 1(2) does not apply to information that has been made available to the public by being disclosed —
a
in circumstances in which disclosure is not precluded by this Schedule, or
b
for a purpose for which disclosure is not precluded by this Schedule.
Other permitted disclosures
4
1
Paragraph 1(2) does not apply where information is disclosed —
a
for the purpose of facilitating the carrying out of functions of a relevant person under a relevant statutory provision, or
b
for the purposes of civil proceedings brought under or by virtue of a relevant statutory provision.
2
These are relevant persons —
the CAA;
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);
the Welsh Ministers;
the Scottish Ministers;
a Northern Ireland Department;
the Competition Appeal Tribunal;
the Competition Commission;
the Office of Fair Trading;
the Gas and Electricity Markets Authority;
the Northern Ireland Authority for Utility Regulation;
the Water Services Regulation Authority;
the Office of Rail Regulation;
the Coal Authority;
the Office of Communications;
the Insolvency Practitioners Tribunal;
a local weights and measures authority in Great Britain;
a district council in Northern Ireland.
3
These are relevant statutory provisions —
Part 1 of this Act;
sections 83 and 84 of this Act;
Trade Descriptions Act 1968;
Fair Trading Act 1973;
Consumer Credit Act 1974;
Estate Agents Act 1979;
Competition Act 1980;
Civil Aviation Act 1982;
Air Navigation Orders made under section 60 of the Civil Aviation Act 1982;
regulations made under section 75 of the Civil Aviation Act 1982 (investigation of accidents);
Airports Act 1986;
Gas Act 1986;
Insolvency Act 1986;
Consumer Protection Act 1987;
Consumer Protection (Northern Ireland) Order 1987 ( S.I. 1987/2049 (N.I. 20) );
Electricity Act 1989;
Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I. 19) );
Broadcasting Act 1990;
Property Misdescriptions Act 1991;
Water Industry Act 1991;
Water Resources Act 1991;
Electricity (Northern Ireland) Order 1992 ( S.I. 1992/231 (N.I. 1) );
Railways Act 1993;
Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) );
Broadcasting Act 1996;
Gas (Northern Ireland) Order 1996 ( S.I. 1996/275 (N.I. 2) );
Competition Act 1998;
Part 1 of the Transport Act 2000;
Enterprise Act 2002;
Communications Act 2003;
Water Act 2003;
Railways Act 2005;
Water and Sewerage Services (Northern Ireland) Order 2006 ( S.I. 2006/3336 (N.I. 21) );
Postal Services Act 2011;
and subordinate legislation made for the purpose of securing compliance with relevant EU provisions.
4
These are relevant EU provisions —
a
Articles 104 and 105 of the Treaty on the Functioning of the European Union (competition);
b
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
c
Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;
d
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
5
Paragraph 1(2) does not apply where information is disclosed —
a
in connection with the investigation of a criminal offence or for the purposes of criminal proceedings,
b
in pursuance of an EU obligation,
c
for the purpose of facilitating the performance of a function of the European Commission in respect of European Union law about competition,
d
for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise powers conferred by or under the Financial Services and Markets Act 2000 or by or under the enactments relating to companies, insurance companies or insolvency,
e
for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out functions under those enactments,
f
for the purpose of enabling or assisting an official receiver to carry out functions under the enactments relating to insolvency,
g
for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I. 19) ) to carry out its functions,
h
for the purpose of facilitating the carrying out by the Health and Safety Executive of its functions under an enactment,
i
for the purpose of facilitating the carrying out by an enforcing authority (within the meaning of Part 1 of the Health and Safety at Work etc Act 1974) of functions under a relevant statutory provision (within the meaning of that Act), or
j
for the purpose of facilitating the carrying out by the Comptroller and Auditor General of functions under any enactment.
6
The Secretary of State may by regulations amend paragraph 4 or 5 .
Offence
7
A person who discloses information in contravention of paragraph 1(2) is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for not more than 2 years or to a fine (or both).
Criminal liability of officers of bodies corporate etc
8
1
Sub-paragraph (2) applies if an offence under this Schedule committed by a body corporate —
a
is committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such a capacity, or
b
is attributable to neglect on the part of such a person.
2
That person, as well as the body corporate, commits the offence.
3
In sub-paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.
SCHEDULE 7
Index of defined expressions
Section 72
This Table lists expressions defined in Part 1 of this Act.
Expression Section
air traffic services Section 72 air transport service Section 69 airport Section 66 airport area Section 5 airport operation services Section 68 airport operator Section 72 area Section 5 building or other structure Section 72 the CAA Section 72 cargo Section 72 change of circumstances Section 72 conduct Section 72 connected Section 71 contravention Section 72 contravention notice Section 72 core area (in relation to an airport) Section 5 document Section 72 dominant airport Section 5 dominant area Section 5 enforcement order Section 72 international obligation of the United Kingdom Section 72 land Section 72 licence Section 72 licence condition Section 17 (3) and (5)
market power determination Section 72 market power test Section 6 modifying (in relation to licence conditions) Section 72 notice Section 72 operator (in relation to an airport area) Section 9 operator determination Section 10 price control condition Section 19 provider (in relation to an air transport service) Section 69 providing (in relation to a service) Section 72 remedying the consequences of a contravention Section 72 representation Section 72 representation period (in connection with contravention notice) Section 31 urgent enforcement order Section 72 user (in relation to an air transport service) Section 69
SCHEDULE 8
Status of airport operators as statutory undertakers etc
Section 76
PART 1
Great Britain
Airports Act 1986 (c. 31)
1
The Airports Act 1986 is amended as follows.
2
For section 57 (scope of Part 5: status of certain airport operators as statutory undertakers etc) substitute —
Scope of Part 5
57A
1
In this Part “relevant airport operator” means the airport operator in the case of an airport to which this Part applies.
2
This Part applies to any airport in respect of which a certificate has been granted under this section (and has not been withdrawn).
3
The CAA must grant a certificate under this section in respect of an airport if, but only if —
a
the airport operator applies for a certificate (and has not withdrawn the application),
b
the airport operator pays the charge (if any) specified in a scheme or regulations made under section 11 of the 1982 Act, and
c
the CAA considers that, at the time, the airport is an eligible airport.
4
An airport is an eligible airport if —
a
the annual turnover of the business carried on at the airport by the airport operator exceeded £1 million in at least two of the last three financial years ending before the application for the certificate is made, and
b
the airport is not excluded by virtue of subsection (5).
5
The excluded airports are —
a
an airport owned by a principal council or jointly owned by two or more principal councils;
b
an airport owned by an Integrated Transport Authority in England or jointly owned by such an Authority and one or more principal councils;
c
an airport owned by a metropolitan county passenger transport authority in Scotland or jointly owned by such an authority and one or more principal councils.
6
The appropriate Minister may withdraw a certificate granted under this section in respect of an airport if the appropriate Minister considers that, at the time, the annual turnover of the business carried on at the airport by the airport operator in each of the last two financial years did not exceed the sum for the time being specified in subsection (4)(a).
7
Before withdrawing a certificate in respect of an airport, the appropriate Minister must consult —
a
the CAA, and
b
the airport operator.
8
The withdrawal of a certificate does not affect any rights or liabilities accruing by virtue of this Part before it is withdrawn.
9
In this section —
“annual turnover”, in relation to the business carried on at an airport by the airport operator, means the aggregate of all sums received in the course of the business during a financial year, as stated or otherwise shown in the accounts of the business, including grants from any public or local authority but excluding —
capital receipts, and
loans made by any person;
“the appropriate Minister” means —
in relation to an airport in England or Wales, the Secretary of State, and
in relation to an airport in Scotland, the Scottish Ministers;
“financial year” means a period of 12 months ending with 31 March;
“local authority” and “principal council” have the same meaning as in Part 2.
10
Where the person who is for the time being the airport operator in relation to an airport has not had its management for the whole or any part of a period relevant for the purposes of this section, references in this section to the business carried on at the airport by the airport operator include a reference to the business carried on there by any other person who was the airport operator in relation to the airport for the whole or any part of that period.
11
The Secretary of State may by order substitute a greater sum for the sum specified in subsection (4)(a) .
12
An order under subsection (11) does not affect the validity of a certificate granted under this section before the order comes into force.
3
1
Section 79 (orders and regulations) is amended as follows.
2
In subsection (2), at the end insert “, unless it is an instrument described in subsection (4A)”.
3
After subsection (4) insert —
4A
A statutory instrument that contains (whether alone or with other provision) an order under section 57A(11) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Consequential repeal
4
In Schedule 4 to the Local Transport Act 2008, omit paragraph 54(3).
Power to make provision in relation to operators of airport areas
5
1
The Secretary of State may by regulations make provision about the operation of section 57A of the Airports Act 1986 in cases in which two or more persons are operators of different areas that form part of the same airport.
2
Regulations under this paragraph may modify —
a
section 57A of the Airports Act 1986, and
b
any provision of an Act (including the Airports Act 1986), or of an instrument made under an Act, which refers to or otherwise operates by reference to a relevant airport operator or an airport to which Part 5 of the Airports Act 1986 applies.
3
In this paragraph —
“Act” includes an Act or Measure of the National Assembly for Wales and an Act of the Scottish Parliament;
“airport” has the same meaning as in the Airports Act 1986;
“modify” includes amend, repeal or revoke;
“operator”, in relation to an area that forms part of an airport, means the person who is the operator of the area for the purposes of this Part of this Act;
“relevant airport operator” has the same meaning as in Part 5 of the Airports Act 1986.
PART 2
Northern Ireland
Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) )
6
The Airports (Northern Ireland) Order 1994 is amended as follows.
7
In Article 2(2) (interpretation), for the definition of “regulated airport” substitute —
“regulated airport” has the meaning given in Article 2A;
.
8
In Part 2 (powers in relation to land exercisable in connection with airports), before Article 3 insert —
Regulated airports
2A
1
In this Order “regulated airport” means an airport in respect of which a certificate has been granted under this Article (and has not been withdrawn).
2
The CAA must grant a certificate under this Article in respect of an airport if, but only if —
a
the airport operator applies for a certificate (and has not withdrawn the application),
b
the airport operator pays the charge (if any) specified in a scheme or regulations made under section 11 of the 1982 Act, and
c
the CAA considers that, at the time, the airport is an eligible airport.
3
An airport is an eligible airport if the annual turnover of the business carried on at the airport by the airport operator exceeded £1 million in at least two of the last three financial years ending before the application for the certificate is made.
4
The Department may withdraw a certificate granted under this Article in respect of an airport if it considers that, at the time, the annual turnover of the business carried on at the airport by the airport operator in each of the last two financial years did not exceed the sum for the time being specified in paragraph (3).
5
Before withdrawing a certificate in respect of an airport, the Department must consult —
a
the CAA, and
b
the airport operator.
6
The withdrawal of a certificate does not affect any rights or liabilities accruing by virtue of this Part or Article 25 or 26 before it is withdrawn.
7
In this Article —
“annual turnover”, in relation to the business carried on at an airport by the airport operator, means the aggregate of all sums received in the course of the business during a financial year, as stated or otherwise shown in the accounts of the business, including grants from any public body but excluding —
capital receipts, and
loans made by any person;
“financial year” means a period of 12 months ending with 31 March;
“public body” means a body established by or under a statutory provision.
8
Where the person who is for the time being the airport operator in relation to an airport has not had its management for the whole or any part of a period relevant for the purposes of this Article, references in this Article to the business carried on at the airport by the airport operator include a reference to the business carried on there by any other person who was the airport operator in relation to the airport for the whole or any part of that period.
9
The Department may, by order made with the consent of the Department of Finance and Personnel, substitute a greater sum for the sum specified in paragraph (3).
10
An order under paragraph (9) does not affect the validity of a certificate granted under this Article before the order comes into force.
9
1
Article 70 (regulations and orders) is amended as follows.
2
In paragraph (2), after “Schedule 7” insert “and orders described in paragraph (2A)”.
3
After paragraph (2) insert —
2A
An order under Article 2A(9) increasing the specified sum by more than is necessary to reflect changes in the value of money may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
10
The amendments in paragraphs 7 to 9 are without prejudice to the power to make further orders amending or revoking the provisions inserted.
Power to make provision in relation to operators of airport areas
11
1
The Secretary of State may by regulations make provision about the operation of Article 2A of the Airports (Northern Ireland) Order 1994 in cases in which two or more persons are operators of different areas that form part of the same airport.
2
Regulations under this paragraph may modify —
a
Article 2A of the Airports (Northern Ireland) Order 1994, and
b
any provision of Northern Ireland legislation (including the Airports (Northern Ireland) Order 1994), or of an instrument made under Northern Ireland legislation, which refers to or otherwise operates by reference to a regulated airport or an airport operator of such an airport.
3
In this paragraph —
“airport” and “airport operator” have the same meaning as in the Airports (Northern Ireland) Order 1994;
“modify” includes amend, repeal or revoke;
“operator”, in relation to an area that forms part of an airport, means the person who is the operator of the area for the purposes of this Part of this Act;
“regulated airport” has the same meaning as in the Airports (Northern Ireland) Order 1994.
SCHEDULE 9
Regulation of operators of dominant airports: consequential provision
Section 76
Fair Trading Act 1973 (c. 41)
1
Omit section 93B (false or misleading information provided to Competition Commission in connection with functions under Airports Act 1986).
Airports Act 1986 (c. 31)
2
The Airports Act 1986 is amended as follows.
3
1
Section 74 (restriction on disclosure of information) is amended as follows.
2
In subsection (3) —
a
omit paragraph (ll), and
b
after paragraph (w) insert —
x
Part 1 of the Civil Aviation Act 2012
.
3
In subsection (4) —
a
leave out paragraph (a), and
b
in paragraph (b), for “such a report” substitute “a report of the Competition Commission under section 45”.
4
1
Section 82 (general interpretation) is amended as follows.
2
In subsection (1), in paragraph (a) of the definition of “user”, for “the definition of “relevant activities” in section 36(1)” substitute “subsection (1A)”.
3
After that subsection insert —
1A
The services and facilities mentioned in the definition of “user” in subsection (1) are services or facilities provided at an airport for the purposes of —
a
the landing, parking or taking off of aircraft,
b
the servicing of aircraft (including the supply of fuel), or
c
the handling of passengers or their baggage or of cargo at all stages while on airport premises.
1B
The services and facilities mentioned in subsection (1A)(c) —
a
include services and facilities provided for the purposes of the transfer of passengers, their baggage or cargo to and from aircraft, but
b
do not include facilities for car parking, for the refreshment of passengers or for the supply of consumer goods or services.
4
In subsection (3) omit “or 37”.
Water Act 1989 (c. 15)
5
In section 174(3) of the Water Act 1989 (exceptions from restrictions on disclosure of information), after paragraph (m) insert —
n
Part 1 of the Civil Aviation Act 2012
.
Water Industry Act 1991 (c. 56)
6
In Part 2 of Schedule 15 to the Water Industry Act 1991 (enactments conferring functions for the purposes of which information may be disclosed), at the end insert —
Part 1 of the Civil Aviation Act 2012.
Water Resources Act 1991 (c. 57)
7
In Part 2 of Schedule 24 to the Water Resources Act 1991 (enactments conferring functions for the purposes of which information may be disclosed), at the end insert —
Part 1 of the Civil Aviation Act 2012.
Railways Act 1993 (c. 43)
8
In section 145(3) of the Railways Act 1993 (exceptions from restrictions on disclosure of information), after paragraph (r) insert —
s
Part 1 of the Civil Aviation Act 2012
.
Competition Act 1998 (c. 41)
9
In paragraph 19A of Schedule 7 to the Competition Act 1998 (performance of Commission’s general functions: rules of procedure), in the definition of “special reference group” in sub-paragraph (9), omit paragraphs (c) and (j).
Greater London Authority Act 1999 (c. 29)
10
In section 235(3) of the Greater London Authority Act 1999 (exceptions from restrictions on disclosure of information), after paragraph (s) insert —
t
Part 1 of the Civil Aviation Act 2012
.
Utilities Act 2000 (c. 27)
11
In section 105(6) of the Utilities Act 2000 (exceptions from restrictions on disclosure of information), after paragraph (w) insert —
x
Part 1 of the Civil Aviation Act 2012
.
Transport Act 2000 (c. 38)
12
In paragraph 3(3) of Schedule 9 to the Transport Act 2000 (exceptions from restrictions on disclosure of information), after paragraph (re) insert —
rf
Part 1 of the Civil Aviation Act 2012;
.
Enterprise Act 2002 (c. 40)
13
The Enterprise Act 2002 is amended as follows.
14
1
Section 168 (regulated markets) is amended as follows.
2
In subsection (3) —
a
omit paragraph (b), and
b
at the end insert —
q
modifying the conditions of a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012
.
3
In subsection (4) —
a
omit paragraph (b), and
b
at the end insert —
s
in relation to a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012, the duties of the Civil Aviation Authority under section 1 of that Act
.
15
In Schedule 15 (enactments conferring functions for the purposes of which information may be disclosed), at the end insert —
Civil Aviation Act 2012.
Civil Contingencies Act 2004 (c. 36)
16
1
Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders) is amended as follows.
2
In Part 3 (category 2 responders: general), after paragraph 26 insert —
26A
A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Great Britain.
3
In Part 4 (category 2 responders: Scotland), after paragraph 36 insert —
36A
A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Scotland.
Further repeals and revocations
17
The following repeals and revocations are consequential on section 76 (1) and (2) and the preceding paragraphs of this Schedule.
Act or instrument Extent of repeal or revocation
Companies Act 1989 (c. 40) Section 151. Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) In Schedule 9, paragraph 10. Scotland Act 1998 (Transfer of Functions to Scottish Ministers) Order 1999 (S.I. 1999/1750) In Schedule 1, in the entry in respect of the Airports Act 1986, the word “37(5),”. Enterprise Act 2002 (c. 40)
In Schedule 9 —
paragraphs 2(2) and (4) and 3;
paragraphs 11(2) and (4) and 12.
In Schedule 25 —
paragraph 5(4)(b);
paragraph 14(3) to (5);
paragraph 33(3) to (6).
Transport Act 2000 (c. 38) In Schedule 8, paragraph 10. Civil Aviation Act 2006 (c. 34) In Schedule 2, paragraph 5. Serious Crime Act 2007 (c. 27)
In Schedule 6 —
paragraph 10;
paragraph 26.
SCHEDULE 10
Regulation of operators of dominant airports: transitional provision
Section 76
PART 1
Regulation
Definitions
1
In this Part of this Schedule —
“the 1986 Act ” means the Airports Act 1986;
“the 1994 Order ” means the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) );
“the commencement day” means the day on which section 3 of this Act comes into force;
“designated airport” means an airport (as defined in the 1986 Act or the 1994 Order) which is designated for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;
“the interim period” means the period beginning with the commencement day and ending with 31 March 2014.
Market power determinations: designated airports
2
1
This paragraph applies where, immediately before the commencement day, an airport is a designated airport.
2
The market power test is to be treated as met on the commencement day in relation to the airport area consisting of the whole of the airport.
3
Part 1 of this Act has effect on and after the commencement day as if the CAA —
a
had made a determination to that effect on the commencement day, and
b
had published a notice of the determination on that day in accordance with section 8.
4
In section 7 (5) (disapplication of CAA’s duty to make market power determination), the reference to a market power determination previously made by the CAA does not include a determination treated as made by virtue of sub-paragraph (3) .
5
Section 8 (3) (CAA’s reasons for determination) does not apply in relation to the notice treated as published under sub-paragraph (3) .
6
A person may not appeal under Schedule 1 against the market power determination treated as made under sub-paragraph (3) .
Exemption from prohibition for designated airports during interim period
3
1
This paragraph applies where, immediately before the commencement day, an airport is a designated airport.
2
Nothing in Chapters 1 and 3 of this Part prevents a person from requiring payment of, or recovering, charges in respect of services provided at the airport during the shorter of the following periods —
a
the interim period;
b
the period beginning with the commencement day and ending with the day on which the airport ceases to be a designated airport.
Designation and de-designation before commencement day
4
1
In section 7 (5) (disapplication of CAA’s duty to make market power determination), the reference to a market power determination previously made by the CAA in relation to an airport area (or an area that includes all of a particular airport area) includes any of the following that are made on or after 10 November 2011 —
a
an order designating the airport at which the area is located for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order;
b
an order revoking the designation of that airport for those purposes;
c
a decision by the Secretary of State or the Department of the Environment in Northern Ireland not to make an order mentioned in paragraph (a) or (b) .
2
Where —
a
a request is made before the commencement day for an order designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order or revoking the designation of an airport for those purposes, and
b
the Secretary of State or the Department of the Environment in Northern Ireland does not make the order, or decide not to make the order, before the commencement day,
the request is to be treated on and after that day as a request to the CAA for a market power determination in respect of the airport area consisting of the whole of the airport.
3
In this paragraph, references to an airport are to an airport as defined in the 1986 Act or the 1994 Order, except in the expression “airport area”.
Designation and de-designation during interim period
5
1
During the interim period, an order may not be made designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order.
2
Section 40A(1) of the 1986 Act and Article 31A(1) of the 1994 Order (duty to designate airports in specified circumstances) do not require an order designating an airport for those purposes to be made during the interim period.
3
During the interim period, an order designating an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order —
a
must be revoked if the CAA makes, and publishes a notice of, a determination that the market power test is not met in relation to the designated airport (subject to sub-paragraph (4) ), and
b
may not otherwise be revoked.
4
During the interim period, such an order must not be revoked —
a
during the period in which a person may appeal to the Competition Appeal Tribunal against the determination,
b
at a time when the effect of the determination is suspended or the Secretary of State or the Department of the Environment in Northern Ireland considers that it may be suspended, or
c
if all or part of the determination has been set aside or quashed.
5
Where —
a
a request is made during the interim period for an order revoking the designation of an airport for the purposes of section 40 of the 1986 Act or Article 31 of the 1994 Order, and
b
the Secretary of State or the Department of the Environment in Northern Ireland does not make the order, or decide not to make the order, before the end of that period,
the request is to be treated after the end of the interim period as a request to the CAA for a market power determination in respect of the airport area consisting of the whole of the airport.
6
In this paragraph, references to an airport are to an airport as defined in the 1986 Act or the 1994 Order, except in the expressions “airport area” and “dominant airport”.
Modification of preceding paragraphs
6
1
This paragraph applies where an airport as defined in section 66 of this Act (a “2012 Act airport”) consists of an airport as defined in the 1986 Act or the 1994 Order (a “predecessor airport”) and other land, buildings and structures.
2
In this paragraph “the main operator’s airport area” means the whole of the area at the 2012 Act airport in respect of which the operator (as defined in this Act) on the commencement day is the person who was the operator (as defined in the 1986 Act or the 1994 Order) of the predecessor airport immediately before the commencement day.
3
In paragraph 2 —
a
the reference in sub-paragraph (1) to an airport is to the predecessor airport, and
b
the reference in sub-paragraph (2) to the airport area consisting of the whole of the airport is to the main operator’s airport area.
4
In paragraph 3 —
a
the reference in sub-paragraph (1) to an airport is to the predecessor airport,
b
the reference in sub-paragraph (2) to services provided at the airport is to services provided in the main operator’s airport area, and
c
the reference in sub-paragraph (2)(b) to the airport is to the predecessor airport.
5
An airport area that is not located at the predecessor airport is to be treated as located at that airport for the purposes of paragraph 4(1) if it forms part of the main operator’s airport area.
6
Where a request falling within paragraph 4(2)(a) and (b) is made in relation to the predecessor airport, the request is to be treated on and after the commencement day as a request for a market power determination in respect of the main operator’s airport area.
7
In paragraph 5(3) , the reference to a determination that the market power test is not met in relation to the designated airport includes a determination that it is not met in relation to an airport area that includes the whole of the predecessor airport.
8
Where a request falling within paragraph 5(5)(a) and (b) is made in relation to the predecessor airport, the request is to be treated after the end of the interim period as a request for a market power determination in respect of the main operator’s airport area.
Power to amend this Schedule
7
The power under section 108 may not be used —
a
to provide that the interim period ends before 31 March 2014, or
b
to make provision having an effect equivalent to any effect that would result from such a change.
PART 2
Status of airport operators as statutory undertakers etc
Great Britain
8
In paragraphs 9 to 12 “the commencement day” means the day on which Part 1 of Schedule 8 comes into force.
9
1
This paragraph applies where, in relation to an airport, a permission to levy airport charges is in force under Part 4 of the Airports Act 1986 (economic regulation of airports) immediately before the commencement day (but see paragraph 11 ).
2
The permission has effect on and after the commencement day as if it were a certificate granted by the CAA under section 57A of that Act (statutory undertakers) (inserted by Part 1 of Schedule 8).
10
1
This paragraph applies where, immediately before the commencement day, there subsists a pending application made by the operator of an airport in accordance with section 38 of the Airports Act 1986 for a permission to levy airport charges (but see paragraph 11 ).
2
The application has effect on and after the commencement day as if it were an application for a certificate under section 57A of that Act (statutory undertakers) (inserted by Part 1 of Schedule 8).
3
Part 5 of the Airports Act 1986 (statutory undertakers) applies to the airport while the application is pending.
11
Paragraphs 9 and 10 do not apply where the airport is an airport mentioned in section 57A(5) of the Airports Act 1986 (airports owned by councils or transport authorities etc) (inserted by Part 1 of Schedule 8).
12
Nothing in this Act affects any rights or liabilities accruing under or by virtue of Part 5 of the Airports Act 1986 (statutory undertakers) before the commencement day.
13
In paragraphs 9 to 11 , “airport” has the same meaning as in the Airports Act 1986.
Northern Ireland
14
In paragraphs 15 to 17 “the commencement day” means the day on which Part 2 of Schedule 8 comes into force.
15
1
This paragraph applies where, in relation to an airport, a permission to levy airport charges is in force under Part 4 of the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ) (economic regulation of airports) immediately before the commencement day.
2
The permission has effect on and after the commencement day as if it were a certificate granted by the CAA under Article 2A of that Order (statutory undertakers) (inserted by Part 2 of Schedule 8).
16
1
This paragraph applies where, immediately before the commencement day, there subsists a pending application made by the operator of an airport in accordance with Article 29 of the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ) for a permission to levy airport charges.
2
The application has effect on and after the commencement day as if it were an application for a certificate under Article 2A of that Order (regulated airports) (inserted by Part 2 of Schedule 8).
3
The airport is to be treated as a regulated airport for the purposes of the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ) while the application is pending.
17
Nothing in this Act affects any rights or liabilities accruing under or by virtue of Part 2 of the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ) (powers in relation to land exercisable in connection with airports) or Article 25 or 26 of that Order before the commencement day.
18
In paragraphs 15 to 17 , “airport” has the same meaning as in the Airports (Northern Ireland) Order 1994 ( S.I. 1994/426 (N.I. 1) ).
SCHEDULE 11
Aviation security directions etc: minor and consequential amendments
Section 78
Civil Aviation Act 1982 (c. 16)
1
Part 1 of the Civil Aviation Act 1982 (administration) is amended as follows.
2
In section 11 (charges by CAA) at the end insert —
8
References in this section to functions of the CAA include functions conferred by or under Part 2 of the Aviation Security Act 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA.
3
In section 20 (supplementary provisions with respect to functions of the CAA) at the end insert —
5
References in this section to functions of the CAA include functions conferred by or under Part 2 of the Aviation Security Act 1982 on authorised persons (as defined in that Part) to the extent that the functions are carried out by persons authorised by the CAA.
Aviation Security Act 1982 (c. 36)
4
Part 2 of the Aviation Security Act 1982 (protection of civil aviation against acts of violence and other unlawful interference) is amended as follows.
5
For the heading before section 11 substitute “Information”.
6
1
Section 11 (power to require information) is amended as follows.
2
In subsection (1) —
a
for “The Secretary of State” substitute “A relevant authority”,
b
for “the Secretary of State”, in each place, substitute “the authority”, and
c
for “his functions” substitute “functions conferred by or”.
3
After that subsection insert —
1A
Each of the following is a relevant authority for the purposes of this section —
a
the Secretary of State, and
b
the CAA.
4
In subsections (2) to (4) and (6) for “Secretary of State”, in each place, substitute “relevant authority”.
5
In subsection (4) for “him” substitute “the authority”.
6
In subsection (6) —
a
after “person” insert “by a relevant authority”, and
b
after “varied” insert “by the relevant authority”.
7
Accordingly, in the heading of that section omit “for Secretary of State”.
7
Before section 11A insert —
Designation of security restricted areas
.
8
1
Section 11A (designation of security restricted area) is amended as follows.
2
After subsection (4) insert —
4A
Before approving an application without modifications the Secretary of State shall consult the CAA.
3
In subsection (5), before paragraph (a) insert —
za
the CAA,
.
4
In subsection (8), before paragraph (a) insert —
za
the CAA,
.
9
Before section 12 insert —
Directions
.
10
In section 12(3) (power to impose restrictions in relation to aircraft) —
a
for “the Civil Aviation Authority” substitute “the CAA”, and
b
for “that Authority” substitute “the CAA”.
11
In section 15(2) (matters which may be included in directions under section 12) for “the Civil Aviation Authority” substitute “the CAA”.
12
1
After section 17 insert —
Copies of directions etc for CAA
17A
1
The Secretary of State must give the CAA a copy of —
a
each direction under section 12, 13, 13A or 14, and
b
each direction varying or revoking such a direction.
2
The Secretary of State must inform the CAA of each notification given under section 17.
2
The amendment made by sub-paragraph (1) applies only in relation to directions and notifications given on or after the day on which this paragraph comes into force.
13
1
Section 18A (enforcement notices) is amended as follows.
2
Omit subsection (3).
3
After that subsection insert —
4
Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act serves an enforcement notice, the Secretary of State must give the CAA a copy of the notice.
5
Where a person authorised in writing by the CAA for the purposes of this Part of this Act serves an enforcement notice, the CAA must give the Secretary of State a copy of the notice.
14
1
Section 18D (objections to enforcement notices) is amended as follows.
2
After subsection (3) insert —
3A
On receipt of an objection to an enforcement notice under subsection (1) the Secretary of State must —
a
give a copy of the objection to the authorised person who served the enforcement notice and the CAA,
b
consider the objection,
c
allow the person making the objection and the authorised person who served the enforcement notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by the Secretary of State,
d
give a decision notice to the person who made the objection, and
e
give a copy of the decision notice to the authorised person who served the enforcement notice and the CAA.
3
In subsection (4) —
a
for the words from the beginning to “on the objector” substitute “In this section “decision notice” means”, and
b
in paragraph (b) for “notice under this subsection” substitute “decision notice”.
4
In subsection (5) for “a notice under subsection (4) above”, in both places, substitute “a decision notice”.
15
1
Section 20B (detention directions) is amended as follows.
2
After subsection (2) insert —
2A
Where a person authorised in writing by the Secretary of State for the purposes of this Part of this Act gives a detention direction, the Secretary of State must give the CAA a copy of the direction.
2B
Where a person authorised in writing by the CAA for the purposes of this Part of this Act gives a detention direction, the CAA must give the Secretary of State a copy of the direction.
3
In subsection (5) —
a
before paragraph (a) insert —
za
give a copy of the objection to the authorised person who gave the direction and the CAA,
,
b
omit “and” at the end of paragraph (c),
c
in paragraph (d) omit “and the authorised person who gave the direction”, and
d
after that paragraph insert
, and
e
give a copy of the notice to the authorised person who gave the direction and the CAA.
16
In section 21 (application of provisions to air navigation installations), in subsection (7) —
a
after “in section” insert “14A, 16A,”, and
b
after “17,” insert “17A,”.
17
1
Section 21G (duty to report certain occurrences) is amended as follows.
2
In subsection (1) after “to him” insert “or the CAA”.
3
In subsection (2) after “consult” insert
—
a
the CAA, and
b
.
Application of Part 3 of Regulatory Enforcement and Sanctions Act 2008 (“the RESA 2008 ”)
18
The offences under section 11 of the Aviation Security Act 1982 (as amended by this Schedule) (“the ASA 1982 ”) in connection with providing, or failing to provide, information to the Civil Aviation Authority are to be treated for the purposes of Part 3 of the RESA 2008 (civil sanctions) as contained in Part 2 of the ASA 1982 immediately before the day on which the RESA 2008 was passed.
SCHEDULE 12
Aviation security: further provision about transfer schemes
Section 82
Transfer
1
1
The property, rights and liabilities that may be transferred by a scheme under section 82 (a “transfer scheme”) include property, rights and liabilities that would otherwise be incapable of being transferred.
2
A transfer scheme may —
a
create rights, or impose liabilities, in relation to property transferred by the scheme,
b
create new rights and liabilities as between the Crown and the Civil Aviation Authority (“the CAA”), and
c
apportion property, rights and liabilities between the Crown and the CAA.
3
A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.
Employment
2
1
This paragraph has effect where rights, powers, duties and liabilities relating to an individual’s contract of employment are transferred in accordance with a transfer scheme.
2
The transfer does not break the continuity of the individual’s employment and accordingly —
a
the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and
b
the individual’s period of employment in the civil service of the Crown counts as a period of employment with the CAA for the purposes of that Act.
3
1
This paragraph has effect where —
a
a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual’s contract of employment, but
b
before the transfer takes effect, the individual informs the Secretary of State or the CAA that the individual objects to the transfer.
2
Those rights, powers, duties and liabilities are not transferred under the transfer scheme.
3
The individual’s contract of employment is terminated immediately before the day on which the transfer would occur.
4
The individual is not, for any purpose, to be regarded as having been dismissed.
5
Nothing in this paragraph affects the individual’s right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the individual’s detriment in the individual’s working conditions.
4
1
If a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual’s contract of employment, it may include provision with respect to the individual’s eligibility to become a member of a pension scheme by virtue of employment with the CAA.
2
The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the individual under —
a
a pension scheme of which the individual may become a member by virtue of employment with the CAA, or
b
a pension scheme of which the individual is a member by virtue of employment immediately before the transfer.
3
In this paragraph “pension scheme” includes a scheme made under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc).
Civil servants treated as employed under a contract of employment etc
5
1
This Schedule applies with the following modifications in relation to employment in the civil service of the Crown on terms which do not constitute a contract of employment.
2
Where an individual holds such employment —
a
the individual is to be treated as employed under a contract of employment,
b
the terms of the employment in the civil service of the Crown are to be treated as the terms of that contract, and
c
the reference in paragraph 3 to dismissal is to be treated as a reference to termination of the employment in the civil service of the Crown.
Certificate
6
A certificate issued by the Secretary of State that any property, rights, powers, duties or liabilities have been transferred to the CAA under a transfer scheme is conclusive evidence of the transfer.
Validity
7
A transfer under a transfer scheme does not affect the validity of anything done by or in relation to the Crown before the transfer takes effect.
Continuity
8
1
A transfer scheme may provide for things done by or in relation to the Crown for the purposes of or in connection with anything transferred under a transfer scheme to be —
a
treated as done by or in relation to the CAA or its members or employees, or
b
continued by or in relation to the CAA or its members or employees.
2
A transfer scheme may, in particular —
a
make provision about the continuation of legal proceedings, and
b
make provision for references to the Crown in documents to be treated as references to the CAA.
SCHEDULE 13
Appeals against penalties
Section 90
Appeals against penalties
1
1
A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under section 86 or 87.
2
The appeal may be against one or more of the following —
a
a decision to impose the penalty;
b
a decision as to the amount of the penalty;
c
in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
d
a decision as to the period allowed for payment of the penalty.
3
Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
Decisions on appeal
2
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds —
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may —
a
confirm or set aside the notice or penalty;
b
give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 4 of the Civil Aviation Act 1982.
Further appeals
3
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 2 , including a direction.
2
An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3
An appeal may not be brought under this paragraph without the permission of —
a
the Competition Appeal Tribunal, or
b
the appropriate court.
4
“The appropriate court” means —
a
in the case of an appeal from proceedings in England and Wales or Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.
SCHEDULE 14
CAA membership: transitional and saving provision
Section 99
Commencement day
1
In this Schedule “the commencement day” means the day after the end of the period of 2 months beginning with the day on which this Act is passed.
Executive members of CAA
2
1
This paragraph applies where a person —
a
is a member of the CAA immediately before the commencement day, and
b
receives a notice from the Secretary of State before that day —
i
stating that the person is to be an executive member of the CAA by virtue of this paragraph, and
ii
setting out the terms and conditions on which the person is to be employed by the CAA.
2
The person —
a
becomes an executive member and employee of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act, and
b
is employed on the terms and conditions set out in the notice as if they had been determined and approved in accordance with paragraph 8A of Schedule 1 to the Civil Aviation Act 1982 (inserted by section 97 of this Act).
Chief executive of CAA
3
If the notice given to a person under paragraph 2(1)(b) states that the person is to be the chief executive of the CAA, the person becomes the chief executive of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.
Non-executive members of CAA
4
1
This paragraph applies where a person —
a
is a member of the CAA immediately before the commencement day, and
b
does not receive a notice under paragraph 2(1)(b) before that day.
2
The person becomes a non-executive member of the CAA on the commencement day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.
3
The instrument appointing the person to the office of member of the CAA has effect on and after that day as if it were an instrument appointing the person to the office of non-executive member of the CAA.
Chair of CAA
5
The person who is the chairman of the CAA immediately before the commencement day becomes the chair of the CAA on that day as if appointed in accordance with section 2 of the Civil Aviation Act 1982 as amended by section 95 of this Act.
Pensions
6
1
This paragraph applies where, before the commencement day, the CAA has made provision under paragraph 7 of Schedule 1 to the Civil Aviation Act 1982 for the payment of pensions to or in respect of persons who are or have been members of the CAA.
2
Despite the amendment of that paragraph by section 96 of this Act, the CAA must continue to make such provision as may be determined by the Secretary of State for the payment of pensions to or in respect of those persons.
7
1
This paragraph applies where, before the commencement day, the CAA has made a determination under sub-paragraph (2) of paragraph 13 of Schedule 1 to the Civil Aviation Act 1982 in respect of the treatment of the service of a member of the CAA for the purposes of a pension scheme maintained by the CAA.
2
Despite the repeal of that sub-paragraph by section 96 of this Act, the member’s service is to continue to be treated in accordance with the determination for the purposes of the pension scheme.
Nominee under section 66 of Transport Act 2000
8
1
This paragraph applies where —
a
a nomination of a member of the CAA under section 66 of the Transport Act 2000 (CAA’s air navigation functions) is in force immediately before the commencement day, and
b
the nominated member becomes an executive member of the CAA by virtue of paragraph 2 .
2
The nomination is to be treated on and after that day as having been made in accordance with section 66 of the Transport Act 2000 as amended by section 98 of this Act.
Nominee under section 67 of Transport Act 2000
9
1
This paragraph applies where —
a
a nomination of a member of the CAA under section 67 of the Transport Act 2000 (national security nominee) is in force immediately before the commencement day, and
b
the nominated member becomes a non-executive member of the CAA by virtue of paragraph 4 .
2
The nomination is to be treated on and after that day as having been made in accordance with section 67 of the Transport Act 2000 as amended by section 98 of this Act. |
The Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2012
The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 4(3), 6(A1), 7B(3) and 19(2) of the Tobacco Advertising and Promotion Act 2002 :
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2012 and come into force —
a
for the purpose of the amendments of the Display Regulations for the purpose of large shops other than bulk tobacconists on 6th April 2012; and
b
for the purpose of the amendments of the Specialist Tobacconist Regulations, and for all other purposes, on 6th April 2015.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Display Regulations” means the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 ;
b
“the Specialist Tobacconist Regulations” means the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010 ; and
c
“large shop” and “bulk tobacconist” have the same meaning as in regulations 1(4) and 2(1) of the Display Regulations.
Amendment of the Display Regulations
2
The Display Regulations are amended as follows —
a
in regulation 4 (display as a consequence of a requested display), in paragraph (2)(b), for “0.75” substitute “1.5”;
b
for regulation 6 (display during restocking), substitute:
Incidental displays
6
1
No offence is committed under section 7A(of the Act (prohibition of tobacco displays) by a display of tobacco products in a storage unit if that display complies with the requirements of paragraph (2).
2
The requirements of this paragraph are that —
a
the display —
i
occurs in the course of an activity listed in paragraph (3) being actively carried out in the ordinary course of business in relation to tobacco products;
ii
is solely as a consequence of that activity being carried out; and
iii
lasts for no longer than is necessary in order to allow that activity to be carried out; and
b
the area of storage unit displayed does not exceed 1.5 square metres.
3
The activities referred to in paragraph (2)(a)(i) are —
a
assessing stock levels for the purposes of stock control;
b
restocking;
c
staff training;
d
cleaning of the storage unit;
e
maintenance of the storage unit;
f
refurbishment of the storage unit.
4
No offence is committed under section 7A(1) of the Act by a display of tobacco products outside a storage unit during restocking if —
a
the tobacco products are displayed in the course of being placed in the storage unit only; and
b
the display lasts for no longer than is necessary to place the products in the storage unit.
; and
c
after regulation 9 (revocation) insert —
Review
10
1
The Secretary of State must from time to time —
a
carry out a review of the provisions of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system which is the subject of these provisions;
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.
3
The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2015.
4
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Amendment of the Specialist Tobacconist Regulations
3
The Specialist Tobacconist Regulations are amended as follows —
a
in regulation 2 (advertising in specialist tobacconists), in paragraph (4)(a), for “not more than half” substitute “half or more”; and
b
after regulation 4 (revocation) insert —
Review
5
1
The Secretary of State must from time to time —
a
carry out a review of the provisions of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system which is the subject of these provisions;
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.
3
The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2015.
4
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
4th March 2012 |
The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2012
In accordance with section 7(2)(ha) of the Political Parties, Elections and Referendums Act 2000 , the Secretary of State has consulted the Electoral Commission.
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2012.
2
This Order comes into force on the day after the day on which it is made.
3
“Police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).
Designation of police area returning officers
2
1
This article designates for the purposes of section 54(1) of the Police Reform and Social Responsibility Act 2011 (returning officers etc ) the person who is to be police area returning officer for —
a
each police area in England other than Lancashire and Sussex, and
b
each police area in Wales other than Gwent.
2
In respect of a police area in England listed in column 1 of Schedule 1, the police area returning officer is to be the person who is acting returning officer for the parliamentary constituency listed in column 2 of the Schedule opposite to the name of the police area (being a constituency that falls wholly or partly within the police area) .
3
In respect of a police area in Wales listed in column 1 of Schedule 2, the police area returning officer is to be the person who is acting returning officer for the parliamentary constituency listed in column 2 of the Schedule opposite to the name of the police area (being a constituency that falls wholly or partly within the police area) .
Nick Herbert
Minister of State
Home Office
24th July 2012
SCHEDULES
SCHEDULE 1
Police area returning officers: England
Article 2(2)
Column 1
Name of police area in England
Column 2
Parliamentary constituency for which the acting returning officer is police area returning officer
Avon & Somerset Bristol South Bedfordshire Luton South Cambridgeshire South East Cambridgeshire Cheshire Halton Cleveland Stockton South Cumbria Westmorland and Lonsdale Derbyshire Amber Valley Devon and Cornwall South East Cornwall Dorset Poole Durham Durham Essex Chelmsford Gloucestershire Stroud Greater Manchester Manchester Central Hampshire Southampton, Itchen Hertfordshire Broxbourne Humberside East Yorkshire Kent Dover Leicestershire North West Leicestershire Lincolnshire Lincoln Merseyside Liverpool, Riverside Norfolk Norwich South North Yorkshire York Outer Northamptonshire Kettering Northumbria Sunderland Central Nottinghamshire Rushcliffe South Yorkshire Barnsley East Staffordshire Stoke-on-Trent North Suffolk Waveney Surrey Guildford Thames Valley Aylesbury Warwickshire Stratford-on-Avon West Mercia North Shropshire West Midlands Birmingham, Edgbaston West Yorkshire Wakefield Wiltshire South Swindon
SCHEDULE 2
Police area returning officers: Wales
Article 2(3)
Column 1
Name of police area in Wales
Column 2
Parliamentary constituency for which the acting returning officer is police area returning officer
Dyfed-Powys Preseli Pembrokeshire North Wales Delyn South Wales Bridgend |
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012
The Secretary of State, in exercise of the powers conferred by section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 , makes the following Order:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 and comes into force on 21st July 2012.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and a reference to a numbered article, Table or Schedule is a reference to the article, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order
2
The principal Order is amended as follows.
Amendment to article 11 (injury and death – exclusions relating to travel, sport and slipping and tripping)
3
In article 11(3), substitute “(4) or (9) applies” for “(4) and (9) apply”.
Amendment to article 28 (medical expenses)
4
In article 28, omit paragraph (4).
Amendment to article 53 (reconsideration)
5
In article 53(2) —
a
in sub-paragraph (b) insert “or” after “27(1);”; and
b
omit sub-paragraph (c).
Amendment to article 66 (suspension – appeal from a decision of an appropriate tribunal)
6
In article 66(5), substitute “appeal is made” for “appeal. made”.
Amendment to Schedule 3 (the tariff and supplementary awards)
7
In Part 1 of Schedule 3 —
a
in Table 2 (injury, wounds and scarring) —
i
insert after item 55 —
55A 13 Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 26 weeks, with substantial resolution of symptoms beyond that date.
;
ii
insert after item 65 —
65A 14 Freezing cold injury including skin, nail and soft tissue damage, which has caused, or is expected to cause, significant functional limitation or restriction at 6 weeks, with substantial resolution of symptoms beyond that date.
;
iii
in footnote (a) insert “freezing cold or” before “non-freezing cold injury”.
b
In Table 7 (senses) insert after item 29 —
29A 12 Traumatic uveitis.
;
c
in Table 9 (musculoskeletal disorders) insert after item 2 —
2A 9 Traumatic back injury resulting in vertebral or intervertebral disc damage and medically verified neurological signs, which has required, or is expected to require, operative treatment and which is expected to result in permanent significant functional limitation and restriction.
.
Transitional provisions
8
1
Subject to paragraph (2), the amendments to the principal Order do not apply to a claim or application for review made before the day this Order comes into force.
2
The amendments to Tables 2, 7 and 9 in paragraphs (a), (b) and (c) of article 7 of this Order apply to a claim made before the day this Order comes into force where —
a
the Secretary of State determines (whether before or after the coming into force of this Order) that, following the determination of a claim or application for review, a temporary award in accordance with article 26 should be made;
b
a descriptor of the injury (in respect of which the temporary award is made) is included in the amendments to Tables 2, 7 and 9; and
c
the descriptor is at the same level as the temporary award.
3
In this article —
a
“claim” means a claim made in accordance with the principal Order;
b
“application for review” means an application for review pursuant to article 55, 56, 57 or 59.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
16th June 2012 |
The Restrictive Measures (Amendment) (Overseas Territories) Order 2012
Her Majesty, in exercise of the powers conferred upon Her by section 112 of the Saint Helena Act 1833 , the British Settlement Acts 1887 and 1945 , section 1 of the United Nations Act 1946 , and section 16(5) of the Export Control Act 2002 , is pleased by and with the advice of Her Privy Council, to order, and it is ordered, as follows:
Citation, commencement and extent
1
This Order may be cited as the Restrictive Measures (Amendment) (Overseas Territories) Order 2012 and shall come into force on 8th March 2012.
Amendments to certain instruments
2
1
The instruments listed in Schedule 1 are amended as follows.
2
For “St Helena and its Dependencies”, “Saint Helena and Dependencies”, “St Helena and Dependencies” or “ St. Helena and Dependencies”, wherever occurring, substitute “St Helena, Ascension and Tristan da Cunha”.
3
1
The instruments listed in Schedule 2 are amended as follows.
2
In Schedule 1 of those instruments —
a
for “St Helena” substitute “St Helena, Ascension and Tristan da Cunha”; and
b
omit “St Helena Dependencies” and “St. Helena Dependencies”.
4
1
The instruments listed in Schedule 3 are amended as follows.
2
In Schedule 1 of those instruments, for “St Helena, Ascension Island and Tristan da Cunha” substitute “St Helena, Ascension and Tristan da Cunha”.
Revocation of certain instruments
5
The instruments listed in Schedule 4 are revoked.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULES
SCHEDULE 1
INSTRUMENTS AMENDED BY ARTICLE 2
Article 2
Instruments amended References
The Terrorism (United Nations Measures) (Channel Islands) Order 2001
The Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands)
S.I. 2001/3363
S.I. 2002/258
Order 2002 The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002 S.I. 2002/1822 The Somalia (United Nations) Order 2002 S.I. 2002/2628 The Somalia (United Nations Sanctions) (Channel Islands) Order 2002 S.I. 2002/2629 The Somalia (United Nations Sanctions) (Isle of Man) Order 2002 S.I. 2002/2630 The Somalia (United Nations Sanctions) (Overseas Territories) Order 2002 S.I. 2002/2631 The Iraq (United Nations Sanctions) (Overseas Territories) Order 2003 S.I. 2003/1516 The Iraq (United Nations Sanctions) Order 2003 S.I. 2003/1519 The Iraq (United Nations Sanctions) (Channel Islands) Order 2003 S.I. 2003/1521 The Iraq (United Nations Sanctions) (Isle of Man) Order 2003 S.I. 2003/1522 The Democratic Republic of the Congo (United Nations Sanctions) (Isle of Man) Order 2003 S.I. 2003/2614 The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003 S.I. 2003/2616 The Democratic Republic of the Congo (Restrictive Measures) (Overseas S.I. 2003/2627 Territories) Order 2003 The Liberia (United Nations Sanctions) (Isle of Man) Order 2004 S.I. 2004/305 The Liberia (United Nations Sanctions) (Channel Islands) Order 2004 S.I. 2004/306 The Liberia (Restrictive Measures) (Overseas Territories) Order 2004 S.I. 2004/347 The Liberia (United Nations Sanctions) Order 2004 S.I. 2004/348 The Sudan (Restrictive Measures) (Overseas Territories) Order 2004 S.I. 2004/349 The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 S.I. 2004/3101 The Trade in Goods (Control) (Overseas Territories) Order 2004 S.I. 2004/3102 The Trade in Controlled Goods (Embargoed Destinations) (Overseas Territories) Order 2004 S.I. 2004/3103 The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005 S.I. 2005/242 The Sudan (United Nations Measures) (Overseas Territories) Order 2005 S.I. 2005/1258 The Democratic Republic of the Congo (United Nations Sanctions) (Overseas Territories) Order 2005 S.I. 2005/1461 The Sudan (United Nations Measures) (Channel Islands) Order 2005 S.I. 2005/1462 The Sudan (United Nations Measures) (Isle of Man) Order 2005 S.I. 2005/1463 The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2005 S.I. 2005/1468 The Democratic Republic of the Congo (United Nations Sanctions) (Isle of Man) Order 2005 S.I. 2005/1469 The Lebanon and Syria (United Nations Measures) (Overseas Territories) Order 2006 S.I. 2006/311 The North Korea (United Nations Measures) (Overseas Territories) Order 2006 S.I. 2006/3327 The Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007 S.I. 2007/283 The Iran (United Nations Sanctions) Order 2009 S.I. 2009/886 The Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009 S.I. 2009/888 The North Korea (United Nations Sanctions) Order 2009 S.I. 2009/1749
SCHEDULE 2
INSTRUMENTS AMENDED BY ARTICLE 3
Article 3
Instruments amended References
The United Nations (Sanctions) (Amendment) Order 2000 S.I. 2000/1106 The Iraq (United Nations Sanctions) Order 2000 S.I. 2000/3241 The Iraq (United Nations Sanctions) (Overseas Territories) Order 2000 S.I. 2000/3242 The Iraq (United Nations Sanctions) (Channel Islands) Order 2000 S.I. 2000/3244 The Iraq (United Nations Sanctions) (Isle of Man) Order 2000 S.I. 2000/3245 The Al-Qa’ida and Taliban (United Nations Measures) Order 2002 S.I. 2002/111 The Al-Qa’ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002 S.I. 2002/112 The Overseas Territories (Zimbabwe) (Restricted Measures) Order 2002 S.I. 2002/1077
SCHEDULE 3
INSTRUMENTS AMENDED BY ARTICLE 4
Article 4
Instruments amended References
The Tunisia (Restrictive Measures) (Overseas Territories) Order 2011 S.I. 20011/748 The Egypt (Restrictive Measures) (Overseas Territories) Order 2011 S.I. 2011/1679 The Syria (Restrictive Measures) (Overseas Territories) Order 2011 S.I. 2011/1678 The Belarus (Restrictive Measures) (Overseas Territories) Order 2011 S.I. 2011/2440
SCHEDULE 4
INSTRUMENTS REVOKED BY ARTICLE 5
Article 5
Instruments revoked References
The Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992
The Libya (United Nations Sanctions) (Dependent Territories) Order 1993
S.I.1992/1303
S.I. 1993/2808
The Haiti (United Nations Sanctions) (Dependent Territories) Order 1994 S.I. 1994/1324 The United Nations Arms Embargoes (Dependent Territories) Order 1995 S.I. 1995/1032 |
The Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012
Citation, commencement and interpretation
1
1
This Order may be cited as the Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012.
2
This Order comes into force on 6th April 2012.
3
In this Order —
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“dredging operation” means an operation which falls within item 9 in section 66(1) of the 2009 Act”; and
“an excepted dredging operation” is a dredging operation in respect of which the appropriate licensing authority is —
the Welsh Ministers by virtue of section 113(4) of the 2009 Act; or
the Department of the Environment in Northern Ireland by virtue of section 113(6) of the 2009 Act.
Transitional provision relating to dredging operations
2
Paragraph 9 of Schedule 9 (licensing: transitional provision relating to Part 4) to the 2009 Act has effect, other than in relation to an excepted dredging operation, as if for sub-paragraph (4) there were substituted —
4
The “relevant transitional period” —
a
is, in the case of any person —
i
in the case of any dredging operation falling within sub-paragraph (5), (6) or (8), one year beginning with the commencement date, and
ii
in the case of any other dredging operation, three years beginning with that date, but
b
if a marine licence which authorises the carrying on of the dredging operation by the person comes into force (or has come into force) at any time before the end of the period in question, the transitional period ends with the coming into force of that licence.
5
A dredging operation falls within this sub-paragraph if it is a project —
a
which —
i
is not directly connected with or necessary to the management of a European site, and
ii
ii)is likely (either alone or in combination with other plans or projects) to have a significant effect on a European site, and
b
in respect of which no relevant assessment has been, is being, or is to be undertaken by the appropriate licensing authority or any other authority under any enactment for the purposes of the consideration by that authority of any application for its consent.
6
A dredging operation falls within this sub-paragraph if —
a
it is to be carried out —
i
in the course of an Annex I project, or
ii
in the course of an Annex II project which is likely, because of its size, nature or location, to have significant effects on the environment, and
b
the project in question is one in respect of which no relevant assessment has been, is being, or is to be undertaken by —
i
the appropriate licensing authority ;
ii
an authority to whom the functions of the appropriate licensing authority have been delegated ; or
iii
any other authority under any enactment for the purposes of the consideration by such authority of any application for its consent.
7
A dredging operation is not to be taken to be an operation of a kind falling within sub-paragraph (6) if a person carrying on that operation has obtained a screening opinion from the appropriate authority under regulation 11 of the Marine Works Regulations and paragraph (5) of that regulation (screening opinion that an environmental impact assessment is not required in relation to the activity) applies.
8
A dredging operation falls within this sub-paragraph if it is an operation which has or is likely to have the effect, in relation to any body of water, of —
a
preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan as applicable in relation to that body of water; or
b
causing environmental damage.
9
A person who proposes to carry out a dredging operation may request an opinion from the appropriate licensing authority, or (as the case may be) the authority to whom the functions of the appropriate licensing authority have been delegated, as to whether any dredging operation falls within sub-paragraph (5), (6) or (8), and that authority must provide such an opinion as soon as practicable.
10
In this paragraph —
“appropriate authority” has the meaning given by regulation 2(1) of the Marine Works Regulations ;
“Annex I project” means a project of a type specified in Annex I to the EIA Directive;
“Annex II project” means a project of a type specified in Annex II to the EIA Directive;
“the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment ;
“body of water” means a body of groundwater or surface water, and for this purpose, “groundwater” and “surface water” have the meaning given by Article 2 of the Water Framework Directive;
“environmental damage” means damage of a kind falling within regulation 4(1)(b) of the Environmental Damage (Prevention and Remediation) Regulations 2009 ;
“a European site” means —
a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2010 ;
a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 ;
“the Marine Works Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007 ;
“relevant assessment” means —
in relation to a project falling within sub-paragraph (5), an appropriate assessment within the meaning of Article 6.3 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;
in relation to a project falling within sub-paragraph (6), an assessment of the effects of that project on the environment in accordance with Article 2 of the EIA Directive;
“the relevant river basin management plan”, in relation to a body of water, means the river basin management plan making provision in relation to that body of water;
“river basin management plan” means a river basin management plan within the meaning of Article 13 of the Water Framework Directive which is prepared pursuant to any enactment giving effect to that Article; and
“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy .
.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd March 2012 |
The Plant Health (England) (Amendment) Order 2012
The Secretary of State, in whom the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 1967 are now vested , makes the following Order in exercise of those powers.
Title and commencement
1
1
This Order may be cited as the Plant Health (England) (Amendment) Order 2012.
2
This Order comes into force on 14th December 2012.
Amendment of the Plant Health (England) Order 2005
2
1
The Plant Health (England) Order 2005 is amended as follows.
2
In article 2(1) (general interpretation), for the definition of “ ISPM No. 4”, substitute —
“ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations ;
.
3
In article 8(2) (exceptions from certain prohibitions and requirements) —
a
in sub-paragraph (a)(iii), after “potatoes” insert “or seeds of Fraxinus L.”; and
b
in sub-paragraph (b)(ii), after “sub-paragraph (i)” insert “or plants of Fraxinus L. intended for planting”.
4
In article 22(1) (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material”, insert “other than plants of Fraxinus L. intended for planting”.
5
For article 40 (licences to carry out prohibited activities), substitute —
Licences to carry out activities prohibited by this Order
40
1
Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in England and any other thing prohibited by this Order may be done under the authority of a licence granted by the Secretary of State —
a
in exercise of any derogation permitted by Directive 2000/29/ EC ; or
b
for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest.
2
A licence granted under paragraph (1)(b) must be in writing and may be granted —
a
subject to conditions;
b
for an indefinite period or a specified period.
3
In this article, “domestic quarantine plant pest” means a plant pest which is not listed in Annex I or Annex II to Directive 2000/29/EC and which is not normally present in, and is likely to be injurious to plants in, Great Britain.
.
6
In the heading of article 41 (licences for trial or scientific purposes and for work on varietal selections), after “varietal selections”, insert “permitted by Directive 2008/61/EC ”.
7
In Part B (plant pests known to occur in the European Union which may not be landed or spread within England) of Schedule 1 , for the items under the heading “Fungi”, substitute —
1 Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus 2 Melampsora medusae Thümen 3 Synchytrium endobioticum (Schilbersky) Percival
.
8
In Part B (relevant material which may not be landed in or moved within England if that material is carrying or infected with plant pests known to occur in the European Union) of Schedule 2 , after item 1 under the heading “Fungi”, insert —
1a Plants of Fraxinus L. intended for planting. Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus
.
9
In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied) of Schedule 4 —
a
in the third column of item 7a of the table , for “The plants shall be accompanied by an official statement” substitute “Without prejudice to the requirements in item 7b, the plants shall be accompanied by an official statement”; and
b
after item 7a, insert —
7b Plants of Fraxinus L. intended for planting, which originate in a third country Without prejudice to the requirements in item 7a, the plants shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional Declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus ) in accordance with ISPM No. 4
.
10
In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within England if special requirements are satisfied) of Schedule 4, after item 37 of the table , insert —
38 Plants of Fraxinus L. intended for planting The plants shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus ) in accordance with ISPM No. 4
.
11
In Part A (relevant material from a third country which may only be landed in England if accompanied by a phytosanitary certificate) of Schedule 5 —
a
in sub-paragraph (c) of item 1, for “or Phaseolus L.” substitute “, Phaseolus L. or Fraxinus L.”; and
b
in sub-paragraph (a) of item 2, after “ Dianthus L.,” insert “ Fraxinus L.,”.
12
In Part A (relevant material, from England or elsewhere in the European Union, which may only be landed in or moved within England if accompanied by a plant passport) of Schedule 6, after item 8 , insert —
9
Plants of Fraxinus L. intended for planting.
.
13
In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of Schedule 7, after item 8 , insert —
9
Plants of Fraxinus L. intended for planting.
.
de Mauley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 21st November 2012 |
The Easton and Otley College (Incorporation) Order 2012
In accordance with section 16A(1) of the Act, the Secretary of State has published a draft of the proposed Order in the prescribed manner.
1
This Order may be cited as the Easton and Otley College (Incorporation) Order 2012 and comes into force on 31st July 2012.
2
There is established a body corporate called “Easton and Otley College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order is 1st August 2012.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
4th July 2012 |
The Broxbourne (Electoral Changes) Order 2012
The Local Government Boundary Commission for England has decided to give effect to the recommendations for electoral changes and in exercise of the powers conferred by section 59(1) of the 2009 Act makes the following Order:
Citation and commencement
1
1
This Order may be cited as the Broxbourne (Electoral Changes) Order 2012.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2012.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Broxbourne (Electoral Changes) Order 2012”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Broxbourne and number of councillors
3
1
The existing wards of the district of Broxbourne are abolished.
2
The district is divided into ten wards each bearing a name listed in the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Three councillors are to be elected for each ward.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Elections of the council of the district of Broxbourne
4
1
Elections of all councillors for all wards of the district are to be held simultaneously on the ordinary day of election of councillors in 2012 .
2
The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2012 are to retire on that date and the newly elected councillors are to come into office on that date.
3
Of the councillors elected in 2012 for any ward of the district one is to retire in 2014, one in 2015 and one in 2016.
4
Of the councillors elected in 2012 for any ward of the district —
a
the first to retire is, subject to paragraphs (5) and (6), to be the councillor elected by the smallest number of votes; and
b
the second to retire is, subject to those paragraphs, to be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year is to be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot.
7
Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.
Sealed with the seal of the Local Government Boundary Commission for England on the 24th day of January 2012
Max Caller
Chairman
Local Government Boundary Commission for England
24th January 2012
SCHEDULE
Names of district wards
Article 3
Broxbourne and Hoddesdon South Cheshunt North Cheshunt South and Theobalds Flamstead End Goffs Oak Hoddesdon North Hoddesdon Town and Rye Park Rosedale and Bury Green Waltham Cross Wormley and Turnford |
The Swale & Ure Drainage Board Order 2012
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 3(5) and (7) of that Act and now vested in the Secretary of State :
Citation and commencement
1
This Order may be cited as the Swale & Ure Drainage Board Order 2012 and, if confirmed by the Secretary of State in accordance with paragraph 5(1) of Schedule 3 to the Land Drainage Act 1991, comes into force in accordance with that paragraph.
Confirmation of the Scheme
2
1
The Scheme submitted by the Environment Agency is confirmed.
2
The Scheme is set out in the Schedule to this Order.
Secretary of State’s expenses
3
The expenses of the Secretary of State in connection with the making and confirmation of this Order must be borne by the Environment Agency.
Carol Tidmarsh
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
13th January 2012
SCHEDULE
SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY
Article 2(2)
1
This Scheme comes into force on the day after the day on which the Order confirming this Scheme is confirmed.
2
In this Scheme —
“the abolished boards” means the Cod Beck Internal Drainage Board, the Lower Swale Internal Drainage Board, the River Wiske Internal Drainage Board, the Bedale and Upper Swale Internal Drainage Board and the Claro Internal Drainage Board;
“the Bedale and Upper Swale Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by The Yorkshire Water Authority (Bedale and Upper Swale Internal Drainage District) Order 1981 and “the Bedale and Upper Swale Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the Claro Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by The Yorkshire Water Authority (Claro Internal Drainage District) Order 1980 and “the Claro Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the Cod Beck Internal Drainage Board” means the internal drainage board reconstituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Alteration of Boundaries of the Cod Beck Internal Drainage District) Order 1945 (“the 1945 order ”) and “the Cod Beck Internal Drainage District” means the internal drainage district constituted by the River Ouse (Yorks.) Catchment Board (Cod Beck Internal Drainage District) Order 1934 , the boundaries of which were altered by the 1945 order;
“the commencement date” means the date on which this Scheme comes into force;
“the Lower Swale Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (Lower Swale Internal Drainage District) Order 1937 and “the Lower Swale Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed;
“the new Board” means the internal drainage board constituted by virtue of paragraph 3(3) of this Scheme;
“property” means, in relation to any of the abolished boards, any property which is vested in that abolished board immediately before the commencement date and includes books of account, other books, deeds, maps, papers and other documents, in whatever medium held, and computer and other electronic records;
“rights and obligations” means, in relation to any of the abolished boards, all rights, powers, duties, obligations and liabilities which are vested in or which fall to be discharged by that abolished board immediately before the commencement date; and
“the River Wiske Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the River Ouse (Yorks.) Catchment Board (River Wiske Internal Drainage District) Order 1937 and “the River Wiske Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed.
3
1
The Cod Beck Internal Drainage Board, the Lower Swale Internal Drainage Board, the River Wiske Internal Drainage Board, the Bedale and Upper Swale Internal Drainage Board and the Claro Internal Drainage Board are abolished.
2
The Cod Beck Internal Drainage District, the Lower Swale Internal Drainage District, the River Wiske Internal Drainage District, the Bedale and Upper Swale Internal Drainage District and the Claro Internal Drainage District are amalgamated into, and are constituted as, one internal drainage district to be known as “the Swale & Ure Internal Drainage District”.
3
A new internal drainage board to be known as “the Swale & Ure Drainage Board” is constituted for the Swale & Ure Internal Drainage District.
4
The new Board is to consist of 11 (eleven) elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.
5
As from the commencement date, all property and rights and obligations of the abolished boards are transferred to and vested in, or fall to be discharged by, the new Board.
6
All arrears of rates owed to the abolished boards before the commencement date in respect of any period ending before the commencement date may be recovered by the new Board, in the same manner as if they had been rates levied by the new Board.
7
This Scheme operates as conclusive evidence of any thing transferred under this Scheme without the necessity of further assignments, conveyance or deed of transfer.
8
The accounts of each of the abolished boards must be made up to the day before the commencement date by the new Board and audited as if this Scheme had not come into force.
Dated 23 February 2011
Confirmation of Order
In accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 (“the 1991 Act ”), the Secretary of State has published the foregoing Order and a notice complying with paragraph 4(2) of Schedule 3 to the 1991 Act.
No memorial relating to the Order has been presented to the Secretary of State.
Paragraph 5(1) of Schedule 3 to the 1991 Act provides for the Order to come into force upon its confirmation by the appropriate Minister, being (by virtue of paragraph 1(3) of that Schedule) the Minister by whom the Order has been made.
Accordingly, the Secretary of State confirms the Order in accordance with paragraph 5(1) of Schedule 3 to the 1991 Act.
Lewis Baker
A Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
31st March 2012 |
The Business Investment Relief Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 809VJ(4) and (5) of the Income Tax Act 2007 :
Citation, commencement and effect
1
1
These Regulations may be cited as the Business Investment Relief Regulations 2012 and shall come into force on 10th August 2012.
2
These Regulations have effect in relation to qualifying investments made on or after 6 April 2012.
Circumstances in which grace period may be extended
2
The grace period allowed for an appropriate mitigation step by section 809VJ of the Income Tax Act 2007 may be extended by an officer of Revenue and Customs if regulation 3 or 4 applies.
Lock-up agreements
3
1
This regulation applies if conditions 1 and 2 are met.
2
Condition 1 is that —
a
the target company has ceased to be a private limited company by virtue of having some or all of its shares listed on a recognised stock exchange; or
b
i
the target company has become a subsidiary of another company (“the new company”); and
ii
the new company is a body corporate some or all of whose shares are listed on a recognised stock exchange (or are to be so listed).
3
Condition 2 is that P is unable to comply with an appropriate mitigation step without breaching the terms of a lock-up agreement.
4
For the purposes of this regulation “lock-up agreement” means a contract —
a
entered into by P with one or more relevant parties which is directly related to the listing of shares in the target company or, as the case may be, the new company, on a recognised stock exchange; and
b
that imposes restrictions on the time or manner in which P may —
i
dispose of some or all of P’s holding in the target company; or
ii
dispose of some or all of any shares in the new company received by P in return for P’s holding in the target company.
5
For the purposes of this regulation “relevant party” means —
a
the target company;
b
the new company;
c
professional advisors retained by the target company or the new company in relation to the listing of the shares of the target company (or, as the case may be, the shares of the new company) on a recognised stock exchange.
Statutory and legal bars
4
This regulation applies if —
a
P is prevented from taking an appropriate mitigation step by a prohibition imposed by or under any enactment; or
b
the taking of an appropriate mitigation step by P would breach the terms of an order imposed by any court.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
18th July 2012 |
The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012
The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 11(2), 16(2), 26(2) and 78(2)(c) of the Education Act 2011 .
Citation and commencement
1
This Order may be cited as the Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 and comes into force on 1st April 2012.
Amendment of the Employers’ Liability (Compulsory Insurance) Regulations 1998
2
Omit paragraph 8 of Schedule 2 to the Employers’ Liability (Compulsory Insurance) Regulations 1998 (employers exempted from insurance).
Amendment of the Local Authorities (Goods and Services) (Public Bodies) ( No. 1) Order 1999
3
In article 2 of the Local Authorities (Goods and Services) (Public Bodies) (No. 1) Order 1999 (designation as a public body) omit “and the Training and Development Agency for Schools”.
Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
4
Omit article 10 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (evaluation of assessment arrangements).
Amendment of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003
5
Omit article 11 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (evaluation of assessment arrangements).
Amendment of the Student Fees (Approved Plans) (England) Regulations 2004
6
In regulation 9(d)(i) of the Student Fees (Approved Plans) (England) Regulations 2004 (enforcement of plans) for “Training and Development Agency for Schools” substitute “Secretary of State”.
Amendment of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
7
Omit article 8 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (evaluation of assessment arrangements).
Amendment of the Education (Pupil Information) (England) Regulations 2005
8
1
The Education (Pupil Information) (England) Regulations 2005 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “external marking agency” omit “nominated by the QCDA and”; and
b
in the definition of “P Level Document” for “QCDA” substitute “Secretary of State”.
3
In paragraph 6(1)(e) of Schedule 2 (information forming part of the common transfer file) for “QCDA” substitute “Secretary of State”.
Amendment of the Education (Fees and Awards) (England) Regulations 2007
9
1
The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.
2
In regulation 4(3)(c) (fee charging) for “support under section 78 of the 2005 Act” substitute “assistance —
i
from the Secretary of State under section 14 of the Education Act 2002; or
ii
from a person who is receiving financial assistance under that section”.
3
In regulation 7 (payments by the Training and Development Agency for Schools) —
a
for “Training and Development Agency for Schools” substitute “Secretary of State”; and
b
for “section 78 of the 2005 Act”, in both places it appears, substitute “section 14 of the Education Act 2002”.
Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007
10
In regulation 8 of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 (persons to whom individual information supplied may be passed) omit paragraphs (f) and (n).
Amendment of the Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007
11
1
The Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007 are amended as follows.
2
In regulation 8(2) (persons to whom the Secretary of State may supply information) omit sub-paragraphs (c), (h) and (i).
3
In regulation 9(2) (supply by the Secretary of State of information to certain persons) omit sub-paragraphs (c) and (d).
Amendment of the Education (School Performance Information) (England) Regulations 2007
12
1
The Education (School Performance Information) (England) Regulations 2007 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “external marking agency” omit “nominated by the QCDA and”;
b
in the definition of “National Data Collection Agency” for “QCDA” substitute “Secretary of State”; and
c
omit the definition of “the QCDA”.
3
In regulation 14 (provision of information to the external marking agency) for “determined by the QCDA” to the end substitute “which is to mark the NC tests.”.
Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007
13
In the entry relating to the profession of School Teacher in a publicly regulated school in England in Part 1 of Schedule 1 to the European Communities (Recognition of Professional Qualifications) Regulations 2007 (professions regulated by law or public authority) for the competent authority in the second column substitute “Secretary of State”.
Amendment of the Childcare (Provision of Information About Young Children) (England) Regulations 2009
14
In regulation 7 of the Childcare (Provision of Information About Young Children) (England) Regulations 2009 (prescribed persons under section 99(4)(b) of the Childcare Act 2006) omit paragraph (c) (and the “and” immediately before it).
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
15
In regulation 3(5) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 (prescribed persons) omit sub-paragraphs (g) and (u).
Amendment of the School Teachers’ Incentive Payments (England) Order 2009
16
In the definition of “relevant course” in article 2 of the School Teachers’ Incentive Payments (England) Order 2009 (interpretation) for “Training and Development Agency for Schools” substitute “Secretary of State”.
Amendment of the Official Statistics Order 2010
17
In the Schedule to the Official Statistics Order 2010 omit the entries relating to —
a
the Qualifications and Curriculum Development Agency; and
b
the Training and Development Agency for Schools.
Amendment of the Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010
18
Omit articles 3, 8(6), 9(3), 10(3), 12(2)(c) and (3), 17(b), 19, 20(2) and (3) and 22 of the Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010 .
Nick Gibb
Minister of State
Department for Education
8th March 2012 |
The National Savings Stock Register (Amendment) Regulations 2012
The Treasury make the following Regulations in exercise of the powers conferred by section 3 of the National Debt Act 1972 .
Citation and commencement
1
These Regulations may be cited as the National Savings Stock Register (Amendment) Regulations 2012 and come into force on 20th September 2012.
Amendments to the National Savings Stock Register Regulations 1976
2
The National Savings Stock Register Regulations 1976 are amended as follows.
Amendment to regulation 2
3
In regulation 2 (interpretation), in paragraph (1) —
a
after the definition of “approved”, insert —
“capital value”, in relation to stock, means —
the nominal value of that stock, plus
any interest or other sum that has accrued in respect of that stock and has been added to its value in accordance with the terms and conditions applying to it;
;
b
after the definition of “deputy”, insert —
“dividend” means a payment of interest that has accrued in respect of stock;
“fixed interest stock” means stock issued with a term, other than —
stock issued under the name of a Capital Bond, and
stock issued under the name of a Pensioners’ Guaranteed Income Bond;
“new stock” means —
fixed interest stock issued after 19th September 2012, and
fixed interest stock issued before 20th September 2012 for which —
the term which was current on 19th September 2012 has ended, and
a subsequent term has begun;
“nominal value”, in relation to stock, means the purchase or subscription price of the stock;
; and
c
after the definition of “stock”, insert —
“term”, in relation to stock, means a specified period of time for which a rate of interest has been fixed for that stock;
.
Omission of references to writing
4
Omit “in writing” in —
a
regulation 5 (subscription for stock), paragraph (2);
b
regulation 14 (redemption), paragraph (2);
c
regulation 15 (transfers), paragraph (1); and
d
regulation 45 (payments from and into the National Savings Bank), paragraph (1).
Amendment to regulation 8
5
In regulation 8 (limit on total holding of certain stock) —
a
for paragraphs (1) and (2), substitute —
1
A person may not purchase or subscribe for stock of any description if the total nominal value of the stock of that description which would be held by that person, if the purchase or subscription were made, would exceed the maximum set by the terms and conditions applying to that description of stock (“the permitted maximum”).
2
For the purposes of paragraph (1), the total nominal value of the stock held by a person is to be calculated in accordance with paragraphs (3), (4) and (4A), and any additional provision made in the terms and conditions applying to that stock.
;
b
in paragraph (3), for “For the purposes of this Regulation a person”, substitute “A person”; and
c
for paragraph (4), substitute —
4
In calculating the total nominal value of stock held by a person, no account shall be taken of stock which that person has acquired under the will of a deceased holder, or by virtue of the death of a holder intestate, or as a nominee under a nomination duly made by a deceased holder.
4A
Paragraph (4) does not apply to new stock.
.
Amendment to regulation 9
6
In regulation 9 (forfeiture of stock), after paragraph (2), insert —
3
This regulation does not apply to new stock.
.
Insertion of regulation 9A
7
After regulation 9, insert —
Forfeiture of new stock
9A
1
The Director of Savings may, if the Director of Savings thinks fit, direct that new stock shall be forfeited.
2
The circumstances under which the Director of Savings may make a direction under paragraph (1) include the following —
a
the new stock was acquired, or is held, otherwise than in accordance with with these Regulations; or
b
the Director of Savings reasonably suspects that —
i
the new stock is being held in connection with an illegal purpose; or
ii
false information has been provided to the Director of Savings by the holder of the new stock, or by anyone acting on the holder’s behalf.
3
Where the Director of Savings directs that new stock shall be forfeited under paragraph (1) —
a
an amount equal to the nominal value of the new stock shall be payable to the holder; and
b
any other amount which was payable under the terms and conditions applying to the new stock may be paid to the holder if the Director of Savings thinks fit.
4
The Director of Savings may make any payment pursuant to paragraph (3) by such means as the Director of Savings thinks fit, which may include crediting the amount to an account in the name of the holder in the National Savings Bank.
.
Amendment to regulation 10
8
In regulation 10 (issue of certificate and subscription books) —
a
for the heading, substitute “Certificates, subscription books and records”;
b
at the beginning of paragraph (1), for “As”, substitute “Subject to paragraph (4), as”;
c
at the beginning of paragraph (2), for “Where”, substitute “Subject to paragraph (4), where”;
d
in paragraph (3), for “the certificate”, substitute “any certificate”; and
e
after paragraph (3), insert —
4
In respect of new stock, the Director of Savings —
a
shall not issue a certificate or subscription book; and
b
need not amend any certificate or subscription book in issue.
5
a
Where new stock has been registered in the name of any person, the Director of Savings shall promptly make available to that person a record of —
i
the capital value of that new stock at the time of registration;
ii
the annual rate of interest applying to that new stock during its current term; and
iii
the date on which the current term of that new stock will end.
b
Where new stock, or part of new stock, has ceased to be registered in the name of a person, the Director of Savings shall promptly make available to that person a record of —
i
the details of the transaction as a result of which that new stock ceased to be registered in the name of that person;
ii
the capital value of any part of that new stock that continues to be registered in the name of that person immediately after the repayment;
iii
the annual rate of interest applying during the current term of any part of that new stock that continues to be registered in the name of that person; and
iv
the date on which the current term of any part of that new stock that continues to be registered in the name of that person will end.
.
Revocation of regulation 12
9
Omit regulation 12 (commission chargeable on purchase or sale of stock).
Amendment to regulation 13
10
In regulation 13 (conversion) —
a
for “terms of any prospectus relating to the issue of”, substitute “terms and conditions applying to”; and
b
for “terms of the prospectus”, substitute “terms and conditions”.
Amendment to regulation 21
11
In regulation 21 (dividends) —
a
for the heading, substitute “Payment of dividends”;
b
in paragraph (3) —
i
for “accruing thereon should, as they become due”, substitute “should, as they become payable”; and
ii
omit “in writing”; and
c
after paragraph (4), insert —
5
a
Paragraph (1) does not apply to stock to which regulation 21B applies.
b
Paragraph (3) does not apply to new stock.
.
Insertion of regulations 21A and 21B
12
After regulation 21, insert —
Payment of interest on certain Fixed Rate Savings Bonds
21A
1
In this regulation —
“Fixed Rate Savings Bond” means stock issued under the name of a Fixed Rate Savings Bond; and
“relevant election” means an election, made in accordance with the terms and conditions of a Fixed Rate Savings Bond, either —
to receive dividends, or
to have any interest accruing on that Fixed Rate Savings Bond added to its capital value.
2
A relevant election in force in respect of a Fixed Rate Savings Bond at the end of the term that is current on 19th September 2012, shall, in respect of any subsequent terms, be irrevocable.
3
Where a relevant election to receive dividends in respect of a Fixed Rate Savings Bond is irrevocable, the dividends shall be paid monthly, in accordance with the procedure for payment of monthly dividends set out in the terms and conditions applying to that Fixed Rate Savings Bond.
4
Where a relevant election to have interest added to the capital value of a Fixed Rate Savings Bond is irrevocable, the interest shall be added to the capital value annually, in accordance with the procedure for such annual additions of interest set out in the terms and conditions applying to that Fixed Rate Savings Bond.
Accrual of interest
21B
1
This regulation applies to —
a
fixed interest stock issued after 19th September 2012; and
b
any other fixed interest stock from and including the anniversary of its date of issue that falls after 19th September 2012 and before 20th September 2013.
2
The amount of any interest accruing on a particular day in respect of stock to which this regulation applies shall be calculated using the following formula —
A =
V × I %
365
where —
A is the amount of interest accruing in respect of stock on the particular day,
V is the capital value of the stock on that day, and
I% is the annual rate of interest fixed for the current term of the stock.
.
Amendment to regulation 22
13
In regulation 22 (payments by the Director of Savings) —
a
in paragraph (1)(c)(i), for “purchase stock or”, substitute “subscribe for stock or purchase”; and
b
for paragraph (1B), substitute —
1B
If the Director of Savings has initiated a payment, the authority to make that payment mentioned in paragraph (1A) shall not be terminated by —
a
the death of any person who made the application for payment; or
b
any notice purporting to countermand that authority.
.
Amendment to regulation 25
14
In regulation 25 (authority for payment to third party), after paragraph (3), insert —
4
a
Paragraphs (1) and (2) do not apply where payment is to be made on new stock.
b
The holder of new stock may, subject to the approval of the Director of Savings, make an application in the approved manner authorising any person to apply for, or receive, any amount payable in respect of that new stock.
.
Amendment to regulation 26
15
In regulation 26 (joint holders of stock), for paragraph (2), substitute —
2
Where stock is registered in the names of two or more persons as joint holders, the Director of Savings may, unless other arrangements have been made in accordance with these Regulations, pay any dividends and issue any certificates, subscription books, records or correspondence relating to that stock to the holder whose name appears first in the register.
.
Amendment to regulation 27
16
In regulation 27 (power of holders to act by majority) —
a
for the heading, substitute “Power of joint holders to act without unanimity”;
b
after paragraph (1), insert —
1A
a
The power of holders of stock to act by majority, set out in paragraph (1), shall not extend to making an application under sub-paragraph (b).
b
Where new stock is registered in the names of two or more persons who hold it otherwise than as trustees, all of those persons, or the survivors of them, may make an application in the approved manner authorising one of their number to do all things required to be done for the purpose of any dealing with that new stock and to give any authority for the payment of dividends in respect of that new stock.
c
The power of a holder of new stock to act on behalf of other holders of that new stock, set out in sub-paragraph (b), shall not extend to making an application under paragraph (1).
; and
c
in paragraphs (2) and (3), omit “in writing”.
Amendment to regulation 28
17
In regulation 28 (application by holders of stock to be described in register as trustees) —
a
in paragraph (2), omit “in writing”;
b
after paragraph (2), insert —
2A
Except as provided for in paragraph (1), no notice of any charge, trust or other equitable interest shall be receivable by the Director of Savings in respect of stock.
; and
c
in paragraph (3), omit “only”.
Amendment to regulation 31
18
In regulation 31 (persons under disability), in paragraph (4) —
a
omit “in writing”; and
b
for “dividends accruing thereon”, substitute “dividends payable on that stock”.
Amendment to regulation 38
19
In regulation 38 (operation of nomination), in paragraph (1)(b) —
a
for “accruing due thereon”, substitute “payable on that stock”; and
b
in paragraph (ii), for “the stock for new stock”, substitute “that stock for the stock offered”.
Amendment to regulation 41
20
In regulation 41 (payment without a grant of representation), in paragraph (5)(b), for “nominal capital amount thereof”, substitute “capital value of that stock”.
Amendment to regulation 42
21
In regulation 42 (death duties or inheritance tax chargeable on the death of the holder of any stock) —
a
in paragraph (1)(b), for “the certificates or subscription books”, substitute “any certificates or subscription books”; and
b
in paragraph 3(b), for “nominal capital amount thereof”, substitute “capital value of that stock”.
Amendment to regulation 46
22
In regulation 46 (loss of documents), in paragraph (1), for the words “in writing to the Director of Savings”, substitute “to the Director of Savings in the approved manner”.
Amendment to regulation 48
23
In regulation 48 (rectification of mistakes), in paragraph (1), for the words “in writing to the Director of Savings”, substitute “to the Director of Savings in the approved manner”.
Revocation of regulation 49
24
Omit regulation 49 (fees on reference of disputes).
Amendment to regulation 53
25
In regulation 53 (indemnity of Treasury, Commissioners, Director of Savings and officers), for paragraph (2), substitute —
2
Subject to regulation 54, where the payment of an amount payable in respect of stock is made by relevant means to a person who is not entitled under these Regulations to receive it, the payment is deemed to have been made to a person who is so entitled if it was made —
a
in good faith and without negligence; and
b
in consequence of some act or omission on the part of a person who is so entitled.
3
Subject to regulation 54, where the payment of an amount payable in respect of new stock is made by electronic transfer, neither the Treasury nor the Director of Savings is liable for —
a
any delay in the completion of the payment, if the delay is outside the direct control of the Director of Savings; or
b
any failure in the operation of the system through which the electronic transfer is conducted, if the failure is outside the direct control of the Director of Savings.
4
In this regulation —
“electronic transfer” means the transfer of money by electronic or automated processes, which do not involve the delivery and collection of a payable instrument or the delivery of cash, to a bank or building society account to which payment is capable of being made by those processes; and
“relevant means” means —
in the case of new stock, payment by warrant or by electronic transfer, and
in the case of other stock, payment by warrant.
.
Substitution of regulation 55
26
For regulation 55 (form of documents), substitute —
Applications
55
The Director of Savings may refuse to accept an application that is required by these Regulations to be made in a manner approved by the Director of Savings if —
a
it does not include a full and specific statement of the particulars required to be given for the purposes of the application; or
b
it is required to be made in writing and is not signed by the person who is making the application.
.
Amendment to regulation 57
27
In regulation 57 (obligation of secrecy), in paragraph (1), after “description of stock”, insert “subscribed for or”.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2012 |
The School 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 Finance (England) Regulations 2012 and come into force on 15th March 2012.
2
These Regulations apply in relation to the financial year beginning on 1st April 2012.
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 2000 Act ” means the Learning and Skills Act 2000 ;
“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 2011 Regulations ” means the School Finance (England) Regulations 2011 ;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 88D of the 1998 Act;
“advanced skills teacher” is defined in section 2 of the School Teachers’ Pay and Conditions Document 2011 and Guidance on School Teachers’ Pay and Conditions ;
“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 7;
“ 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;
a reference to a determination or redetermination of a budget share or amount to be allocated is for the funding period, unless otherwise stated;
“early years provision” has the meaning assigned to it 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 increases in a school’s budget share after it has been allocated 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,
an increase in the school’s budget share is due in accordance with the local authority’s formula,
a determination or redetermination of the school’s budget share authorised by the schools forum or the Secretary of State has led to such an increase, or
such an increase is necessary to correct errors,
and where such circumstances were unforeseen when initially determining the school’s budget share;
“funding period” means the financial year beginning on 1st April 2012;
“gifted and talented pupils” means pupils in primary or secondary schools identified as such by a local authority by virtue of the fact that they are demonstrating, or have the potential to develop, ability in one or more subjects, leadership skills or organisational skills at a level significantly ahead of other children in their year group;
“institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 1992 ;
“key stage 4” means the fourth key stage of the National Curriculum for England comprising the requirements and entitlements described in sections 85 and 85A of the 2002 Act ;
“local authority’s formula” has the meaning in regulation 9;
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which, on implementation of proposals for the establishment of the school, will be such a school, and which has a temporary governing body;
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;
“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 ;
“practical and applied learning” means education provided to pupils at key stage 4 in a secondary school or elsewhere which prepares them for employment or for a qualification related to a particular employment sector;
“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 2011;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery 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 that will be achieved are equal to or more than the expenditure that will 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 year” has the meaning given in section 579(1) of the 1996 Act ;
a reference to “special educational needs transport costs”, for the purposes of paragraph 36(e) 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 cost of such transport;
“sixth form grant” means a grant of that name paid to a local authority by the YPLA under section 61 of the 2009 Act or 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;
“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;
“summer term” means the third term of the school year where a school has three terms, or the fifth and sixth terms where a school has six terms;
a reference to “termination of employment costs”, for the purposes of paragraph 36(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;
“unavoidable costs” means costs which must be incurred by virtue of a statutory requirement;
“YPLA” is the Young People’s Learning Agency for England .
5
In these Regulations, a reference to “a mainstreamed grant” means a specific grant which was merged into the Dedicated Schools Grant for the financial year commencing 1st April 2011 but was paid to local authorities by the Secretary of State as a separate grant under section 14 of the 2002 Act, in addition to the Dedicated Schools Grant, for the financial year commencing 1st April 2010 and includes any of the following grants —
a
School Standards Grant,
b
School Standards Grant (Personalisation),
c
School Development Grant (Standards Fund only),
d
School Lunch Grant,
e
Ethnic Minority Achievement Grant ( EMAG ),
f
1-2-1 Tuition Grant,
g
Extended Schools – Sustainability Grant,
h
Extended Schools – Subsidy Grant,
i
Targeted Support for the Primary National Strategy allocated to schools (consisting of Universal and Targeted elements, Every Child elements, Leading Teachers element, Early Years Foundation Stage element and Modern Foreign Languages element),
j
Targeted Support for the Secondary National Strategy allocated to schools (consisting of Universal and Targeted elements and Leading Teachers element),
k
Diploma Formula Grant,
l
London Pay Addition Grant.
Revocation of previous Regulations
2
The School Finance (England) Regulations 2008 and the School Finance (Amendment) (England) Regulations 2010 are revoked on 1st April 2012.
PART 2 Action to be Taken by a Local Authority
CHAPTER 1
Appropriation of the Non-Schools Education Budget
The Non-Schools Education Budget
3
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 6 —
a
those specified in Schedule 1; and
b
any expenditure which falls outside the classes or descriptions of expenditure specified in regulation 5 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
4
A local authority must not later than 31st March 2012 —
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
5
1
The classes or descriptions of local authority expenditure specified in sub-paragraphs (a) to (d) 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 6 —
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); and
d
expenditure on early years provision, in so far as that expenditure does not fall within sub-paragraph (a), (b) or (c).
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 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
6
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 6(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
7
1
Subject to paragraphs (2) to (4), not later than 31st March 2012, 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
In deducting the central expenditure under paragraph (1), a local authority must ensure that —
a
where the authority’s schools budget increases from the previous funding period to the funding period, the percentage of any increase in the central expenditure does not exceed the percentage of the increase in the schools budget,
b
where the authority’s schools budget decreases from the previous funding period to the funding period, the central expenditure decreases, and the percentage of the decrease is not less than the percentage of the decrease in the schools budget,
unless they obtain authorisation to exceed these limits from their schools forum under regulation 13(1)(a) or the Secretary of State under regulation 13(3).
3
In deducting the central expenditure referred to in paragraph 36 of Schedule 2, a local authority must not exceed the limit referred to in that paragraph, unless they obtain authorisation to do so from their schools forum under regulation 13(1)(c) or the Secretary of State under regulation 13(3).
4
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 13(1)(d) or the Secretary of State under regulation 13(3).
5
References to planned expenditure in this regulation 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.
Consultation
8
1
A local authority may make changes to the formulae they have used in the financial year beginning 1st April 2011.
2
Subject to paragraph (3), a local authority must consult their schools forum 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
Paragraph (2) does not apply to changes made relating to matters referred to in regulation 20 (sixth form funding) or 23 (excluded pupils).
Formulae for determination of budget shares etc
9
1
A local authority must, before the beginning of the funding period and after consulting their schools forum about the matter, decide upon the formula which they will use to determine and redetermine the budget shares for schools maintained by them (other than nursery schools).
2
Subject to paragraph (3), a local authority must use the formula determined under paragraph (1) in all determinations and redeterminations of school budget shares in respect of the funding period.
3
A local authority must, before the beginning of the funding period and after consulting their schools forum about the matter, decide upon the formula they will use to determine and redetermine —
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;
c
the amounts to be allocated to relevant early years providers in their area.
4
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
10
1
Not later than 31st March 2012, a local authority must determine —
a
the budget share for each of the schools maintained by them (other than nursery schools), using the formula referred to in regulation 9(1); and
b
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 9(3),
in accordance with Part 3 of these Regulations.
2
Not later than 31st March 2012, a local authority must give notice of each budget share or amount determined under paragraph (1) to the governing body of the school or the relevant early years provider concerned.
Delegated budgets for new schools
11
1
A new school must have a delegated budget from the appropriate date.
2
Subject to paragraphs (3) and (6), the appropriate date is either —
a
the date which is fifteen calendar months before the opening date of the new school; or
b
the date upon which a temporary governing body is constituted for that school,
whichever is the later.
3
On the application of a local authority, their schools forum may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date; or
c
refuse to vary the appropriate date.
4
Where —
a
a schools forum —
i
vary the appropriate date to a different date, or
ii
refuse to vary the appropriate date; 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 variation of the appropriate date.
5
On the application of a local authority, the Secretary of State may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date.; or
c
refuse to vary the appropriate date.
6
A local authority must determine the amount of a new school’s delegated budget for the period from the appropriate date to the opening date as an amount which is sufficient to fund the appointment of staff and to enable the purchase of any goods and services necessary in order to admit pupils.
7
After the opening date, a school’s delegated budget must be determined in accordance with the local authority’s formula.
CHAPTER 3
Redetermination of Schools Budgets, Individual Schools Budgets and Schools’ Budget Shares
Redetermination of schools budgets and individual schools budgets
12
1
Subject to paragraph (2), a local authority may redetermine their schools budget and individual schools budget at any time before or during the funding period.
2
In making any redetermination under paragraph (1), a local authority —
a
may only reduce the amount of their schools budget where they receive an amount of Dedicated Schools Grant which is lower than the amount on which they based their determination under regulation 7;
b
must not reduce their individual schools budget by making further deductions of central expenditure from their schools budget unless they obtain authorisation to do so from their schools forum under regulation 13(1)(b) or the Secretary of State under regulation 13(3);
c
must comply with the limits referred to in paragraph 36 of Schedule 2 and imposed by regulation 7(2) unless they obtain authorisation to vary those limits from their schools forum under regulation 13(1)(c) or the Secretary of State under regulation 13(3).
3
Before the beginning of the funding period, a local authority must advise schools of any circumstances they are aware of which make it likely that a redetermination will be made in respect of the funding period, and the nature of any redetermination likely to be made in particular circumstances.
4
Where a local authority makes a redetermination under paragraph (1), they must give notice of that redetermination to the governing bodies of the schools maintained by them within 28 days of making the redetermination.
CHAPTER 4
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
13
1
Subject to paragraph (2), on the application of a local authority, their schools forum may authorise —
a
the making of further deductions from their schools budget of any central expenditure under regulation 7(1), in excess of the limit imposed by regulation 7(2);
b
the reduction of their individual schools budget by making further deductions of central expenditure from their schools budget under regulation 12(1), pursuant to regulation 12(2)(b);
c
the varying of any limit referred to in paragraph 36 of Schedule 2; or
d
the funding of any deficit in their central expenditure from the schools budget under regulation 7(4).
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 Formulae for Determination of Budget Shares etc
CHAPTER 1
Factors and Criteria Taken into Account
Pupil numbers
14
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 (5), weighted, if the authority consider it appropriate, in accordance with paragraph (4).
2
For the purposes of paragraph (1), the number of registered pupils does not include pupils —
a
in places —
i
in primary or secondary schools which the authority have reserved for children with special educational needs, and
ii
in boarding accommodation at boarding schools other than special schools,
where the authority exercise their discretion to take these places into account under regulation 15(1)(b) or (c);
b
in respect of whom a sixth form grant is payable; or
c
in infant classes where the authority choose to take the class into account as an additional factor under paragraph 33 of Schedule 3.
3
Where a local authority exercise their discretion under regulation 15(1) to take into account places, they may also take into account in their formula the number of registered pupils in special schools or schools with boarding accommodation, or in reserved places at primary or secondary schools, as referred to in that paragraph, on the date specified in paragraph (5).
4
A local authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
in the case of pupils aged under five, their exact age when admitted to the school;
c
in the case of pupils aged under five, hours of attendance;
d
whether a pupil has special educational needs;
e
whether the pupil is attending a middle school;
f
whether the pupil is at key stage 4, and is accessing practical and applied learning;
g
whether the pupil, although registered at a school, is also attending an institution within the further education sector or a course delivered by any training provider;
h
whether the pupil is in an infant class (in cases where an infant class is not taken into account as an additional factor under paragraph 33 of Schedule 3);
i
whether the pupil is registered at more than one maintained school.
5
The date for ascertaining pupil numbers is 19th January 2012.
6
A local authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil to the school following permanent exclusion from another school.
Places
15
1
In determining and redetermining budget shares, a local authority may take into account the number of places they wish to fund in —
a
special schools;
b
primary or secondary schools with places which the authority have reserved for children with special educational needs; and
c
schools with boarding accommodation.
2
In determining and redetermining budget shares a local authority may take into account the nature of any special educational needs when funding places under paragraph (1)(a) or (b).
3
If a local authority take into account any places in accordance with paragraph (1)(a), the number must be no fewer than the number of registered pupils at the school on the relevant date in regulation 14(5).
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.
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 the 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 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 maintained by them and
c
amounts to be allocated to relevant early years providers,
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 or children in need.
8
When determining budget shares for schools maintained by them which provide nursery classes, a local authority may reduce the amount payable to each such school under the formula referred to in regulation 9(1) by a sum representing the amount to be allocated in respect of the nursery class in that school under the formula referred to in regulation 9(3).
Differential funding
17
1
For the purpose of determining budget shares, a local authority must use factors or criteria which differentiate between different categories or descriptions of school in so far as the functions of the governing bodies of those schools justify such differentiation, but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local authority must use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice made by that school’s governing body as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraphs 13 (admissions), 14(a) and (b) (meals), 27 (insurance) and 29 (library services) of Schedule 2.
3
A local authority may use factors or criteria in their formula which differentiate between maintained nursery schools, primary schools, secondary schools and special schools, or between schools whose pupils are in different age ranges.
4
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 factors or criteria
18
1
Subject to paragraph (2) and regulation 17 (differential funding), in determining budget shares, a local authority may take into account in their formula any or all of the factors or criteria set out in Part 1 of Schedule 3.
2
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 —
a
any of the factors or criteria set out in Part 1 of Schedule 3, other than those set out in paragraphs 23 and 33; and
b
any or all of the factors or criteria set out in Part 2 of Schedule 3.
3
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 among pupils registered at the nursery school or in the nursery class or among children receiving relevant early years provision from the provider, if they have no factor elsewhere in their formula which is based on such incidence.
4
In determining budget shares for primary and secondary schools, a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation among pupils registered at each school if they have no factor elsewhere in their formula which is based on such incidence.
5
A factor included in a local authority’s formula pursuant to paragraph 17 of Schedule 3 (school milk, meals and refreshment) is not, for the purposes of paragraphs (3) and (4), a factor based on the incidence of social deprivation among pupils registered at schools or children receiving relevant early years provision.
6
The 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.
7
Where a local authority make changes to the factors or criteria taken into account in any of their formulae from the previous funding period for the funding period, they may make such transitional provision as they consider reasonable.
Minimum funding guarantee
19
1
Subject to paragraph (3), in determining and redetermining budget shares for schools maintained by them, a local authority must ensure —
a
in respect of primary and secondary schools, that an amount equal to the guaranteed funding level is included, calculated in accordance with paragraphs 1–4 of Schedule 4;
b
in respect of special schools, that the formula must provide for a minimum amount of funding, calculated in accordance with paragraph 5 of Schedule 4.
2
For the purposes of determining budget shares, paragraph (1) does not apply to any school —
a
opening during the funding period, except in the circumstances set out in paragraph 4 of Schedule 4;
b
closing during the funding period in circumstances where a local authority have redetermined that school’s budget share during that period.
3
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 or their schools forum under regulation 25 (additional arrangements).
Sixth form funding
20
1
A local authority must include in a secondary school’s budget share an amount equal to any sum notified to the local authority by the YPLA or 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 sixth forms.
3
A local authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school under their formula by a sum representing any element which has been duplicated in any sixth form grant.
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 YPLA or the Secretary of State of a revised allocation in respect of the sum referred to in paragraph (1).
New, reorganised and closing schools
21
1
A local authority must include factors or criteria in their formula which enable them to determine, or redetermine, a school’s budget share so as to take into account the particular needs of that school in the cases of —
a
a proposed school;
b
a school, proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a prescribed alteration within the meaning of regulations made under section 18 of the 2006 Act;
d
a school which is to be discontinued; and
e
a school which is to be the subject of a significant change, as determined by the authority.
2
In the case of schools falling within paragraph (1)(c), such factors or criteria may not be used for a period of more than seven years after the date of implementation of the prescribed alteration.
3
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local authority, reached either —
a
the number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals would be fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Federated schools
22
1
Subject to paragraph (2), where two or more schools are federated under section 24 of the 2002 Act, the local authority may treat them as a single school for the purposes of these Regulations and, accordingly, allocate a single budget share to the governing body of the federation.
2
Where the local authority decide to allocate a single budget share to the governing body of a federation under paragraph (1) and the amount of that share (‘X’) would be less than would have been allocated to the governing body had the authority allocated a budget share for each school within the federation (‘Y’), the authority must adjust X by adding to it an amount which equates to the difference between Y minus X.
3
Where one or more schools are to leave a federation which has been allocated a single budget share under paragraph (1), 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 Additional Arrangements Authorised by Schools Forums or 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 (“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) 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; and
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.
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 (“the admitting school”) in the funding period, the authority must redetermine the admitting school’s budget share in accordance with paragraph (4).
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;
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
Where a permanently excluded pupil is subsequently reinstated by the governing body of the school or by an appeal panel constituted under regulations made under section 52 of the 2002 Act, 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.
6
Paragraphs (1) and (2) also apply where a pupil leaves a maintained school 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.
7
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 the number of places at the school or 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).
8
Where a pupil in respect of whom a pupil premium is payable has been permanently excluded from a school maintained by a local authority (“the excluding school”) the local authority must redetermine the excluding school’s budget share in accordance with paragraph (9).
9
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;
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.
10
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 (“the admitting school”) in the funding period, the authority must redetermine the budget share of the admitting school in accordance with paragraph (11).
11
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.
12
Where a permanently excluded pupil in respect of whom a pupil premium is payable is subsequently reinstated by the governing body of the school or by an appeal panel constituted under regulations made under section 52 of the 2002 Act, 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 (9);
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.
13
Paragraphs (8) and (9) also apply where a pupil in respect of whom a pupil premium is payable leaves a maintained school 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.
14
For the purposes of this regulation, “the relevant date” is the sixth school day following the date on which the pupil has been permanently excluded.
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 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, provided the error is of a kind not provided for by any specific error correction provision in the authority’s formula.
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.
Additional arrangements approved by Secretary of State or the schools forum
25
1
Subject to paragraph (2), on application by a local authority to the Secretary of State for any authorisation or authorisations to determine or redetermine budget shares, the Secretary of State may authorise the authority to determine or redetermine budget shares to such extent as the Secretary of State may specify in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
The Secretary of State may not authorise a local authority to determine or redetermine budget shares in the cases referred to in paragraph (3) unless —
a
the authority have first made an application to their schools forum for such authorisation which has been refused; or
b
the authority are not required to establish a schools forum for their area.
3
In determining or redetermining budget shares for schools which they maintain, a local authority may, when calculating the guaranteed funding level in accordance with paragraphs 1-4 of Schedule 4 —
a
replace the figure of 0.985 referred to in paragraphs 2, 3 and 5 of Schedule 4 with a higher figure,
b
exclude from the redetermined adjusted budget share for the previous funding period any amounts included in the budget share in respect of any of the following factors or criteria —
i
advanced skills teachers employed at the school,
ii
the funding of places in primary or secondary schools which the authority have reserved for children with special educational needs,
iii
any factor specific to a site or school used only in exceptional circumstances, but the circumstances which attracted that factor no longer apply to the school,
iv
an amount which replicates the cash value or formulaic calculation of any sum paid to the school in the form of a Diploma Formula Grant in an earlier funding period,
v
any factor or criterion which enables the authority to take into account the particular needs of a proposed school, a school proposals for the establishment of which have not been fully implemented, a school which is the subject of a prescribed alteration within the meaning of regulations made under section 18 of the 2006 Act, a school which is to be discontinued or a school which is to be the subject of a significant change as determined by the authority,
where authorised to do so by their schools forum.
4
In determining or redetermining budget shares for nursery schools which they maintain or the amounts to be allocated in respect of nursery classes in schools which they maintain, a local authority may disregard regulation 19, where authorised to do so by their schools forum.
5
Subject to the approval of the schools forum, any authorisations given by the Secretary of State under the 2011 Regulations for the previous funding period may continue to apply in relation to the funding period.
6
Unless the contrary intention appears in any authorisations given by the schools forum or the Secretary of State or any arrangements approved by the Secretary of State under any previous regulations, such authorisations or arrangements, as the case may be, continue to apply in relation to the funding period, provided the method of calculating the relevant factors or criteria has not changed.
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 schools forum 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 approve the proposals to revise the scheme, they may specify the date upon which the revised scheme is to come into force.
3
Where —
a
the schools forum refuse to approve proposals submitted under paragraph 2A(3)(b) of Schedule 14 to the 1998 Act, or approve 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.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
8th February 2012
SCHEDULE 1
CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY
Regulation 3
Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads.
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, 15ZC, 15A and 15B 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 36(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 in respect of the functions of an appropriate body under regulations pursuant to section 19(2)(g) of the Teaching and Higher Education Act 1998.
28
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.
29
Expenditure on making pension payments, other than in respect of staff employed in schools.
30
Expenditure on insurance, other than for liability arising in connection with schools or school premises.
31
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 5 and 7
Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads unless otherwise stated.
Expenditure to support grants which fall within the definition of the schools budget
1
1
Expenditure (other than expenditure incurred in connection with any other paragraph of this Schedule) which the authority is obliged to incur as a condition of a specific grant paid to the authority and which is taken into account in determining the amount of that specific grant.
2
Any amount which the authority is obliged to make available as a condition of a grant paid under section 14 of the 2002 Act which is taken into account in determining the amount of that grant, decisions regarding the expenditure of which are delegated to the governing body of a maintained school.
Threshold and performance pay
2
Expenditure on any threshold and performance pay element of teachers’ salaries.
Special educational provision
3
Subject to paragraphs 4 and 5, expenditure in making the provision specified in a pupil’s statement of special educational needs except where the pupil is —
a
a registered pupil at a special school maintained by the authority; or
b
a registered pupil at a primary or secondary school maintained by the authority who occupies one of a number of places at that school which the authority have reserved for children with special educational needs.
4
Where a pupil falls within paragraph 3(a) or (b) and —
a
the cost of the provision specified in the pupil’s statement of special educational needs is significantly greater than that for the generality of pupils at the special school; or
b
the cost of pupils in places at the primary or secondary school in question is significantly greater than that for the generality of pupils at the primary or secondary school,
the amount by which the expenditure incurred in making the provision specified in the pupil’s statement of special educational needs is greater than that incurred in making provision for a pupil who falls within such generality of pupils.
5
Expenditure on making the provision specified in a pupil’s statement of special educational needs where the pupil falls within paragraph 3(b) but the places reserved for pupils with special educational needs are for pupils with visual, hearing, speech or language impairments or other communication disorder.
6
Expenditure in respect of pupils with statements of special educational needs or who are within the scope of School Action Plus as described in the Code of Practice issued under section 313 of the 1996 Act, in cases where it would be unreasonable to expect such expenditure to be met from a school’s budget share or in cases where it is not met from the general annual grant paid to an Academy by the YPLA or the Secretary of State.
7
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.
8
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.
9
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 as defined in that section .
10
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.
11
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.
12
Expenditure on payments to another local authority pursuant to section 493 or 494 of the 1996 Act , or section 207 of the 2002 Act (recoupment between authorities).
Access to education
13
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, provided that, except where the governing body have agreed with the authority that this proviso should not apply to them or where the authority are satisfied that factors or criteria in their formula already make suitable provision, the authority —
a
allocate to each governing body who are an admission authority, as defined in section 88(1) of the 1998 Act , an amount determined by the authority as reasonably required by the governing body to meet expenditure incurred in connection with the system of admissions of pupils to the school and any appeals, taking into account any factors or criteria in their formula which relate to admission arrangements; and
b
allow the governing body to determine how such amount should be spent for that purpose.
14
Expenditure on milk and meals pursuant to section 512, 512ZA, 512ZB or 513 of the 1996 Act falling within the following categories —
a
expenditure in respect of meals at any primary or special school where the governing body have elected not to receive funding for meals as part of their school’s budget share;
b
expenditure in respect of milk at any school; and
c
expenditure in respect of milk or meals at any pupil referral unit.
15
Expenditure on the repair and maintenance of a school kitchen where expenditure on meals at that school is deducted from the authority’s schools budget pursuant to paragraph 15.
16
Expenditure on determining the eligibility of a pupil for free school meals.
17
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.
18
Remission of boarding fees payable in connection with the attendance of pupils at maintained schools and Academies.
Staff
19
Expenditure on making payments to, or in providing a temporary replacement for, a woman on maternity leave or a person on adoption leave.
20
Expenditure on making payments to, or in providing a temporary replacement for, any person —
a
carrying out trade union duties or undergoing training under section 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 representatives 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.
21
Expenditure on Advanced Skills Teachers undertaking outreach work in a school other than that in which they are normally based.
22
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.
23
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.
24
Expenditure, not falling within Schedule 1, in relation to the recruitment, training, continuing professional development, performance management and personnel management of staff who are funded by expenditure not met from schools’ budget shares.
25
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.
Other expenditure
26
Expenditure on early years provision, excluding expenditure —
a
on such provision at a maintained school; and
b
on relevant early years provision.
27
Expenditure on insurance in respect of liability arising in connection with schools and school premises, except to the extent that governing bodies have elected to receive funding for insurance as part of their school’s budget share.
28
Expenditure on services to schools provided by museums and galleries.
29
1
Subject to paragraph (2), expenditure on library services for primary and special schools, provided that the local authority —
a
notify the governing body of each school which does not receive funding for library services in its budget share of the amount attributable to library services for that school; and
b
allow the governing bodies of those schools to determine whether the expenditure on library services in respect of their school is to be spent by —
i
the authority in themselves providing library services to the school; or
ii
the authority procuring library services from another local authority.
2
Expenditure of the description referred to in paragraph (1) may not be deducted where —
a
funding for library services in respect of a particular school was delegated before April 1999 and remains delegated; or
b
the governing body of any primary or special school have elected to receive funding for library services as part of their school’s budget share.
30
Expenditure on licence fees or subscriptions paid on behalf of schools.
31
Expenditure incurred in connection with the authority’s functions under section 47A of the 1998 Act (establishment and maintenance of, and consultation with, schools forums).
32
Expenditure on allocations to the governing body of a school in financial difficulty, provided that the authority consult the schools forum on their arrangements for the implementation of such support.
33
Expenditure for 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.
34
CERA incurred for purposes not falling within any other paragraph of this Schedule or Schedule 1.
35
Expenditure on practical and applied learning not met from maintained schools’ budget shares.
36
Expenditure on —
a
prudential borrowing;
b
termination of employment costs, where the schools forum has 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
the schools’ specific contingency; and
e
special educational needs transport costs,
provided that any deductions under this paragraph are limited to the amount deducted by the authority in respect of such expenditure under paragraph 37 of Schedule 2 to the 2011 Regulations for the previous funding period.
37
Expenditure on contingencies arising from any adjustment of the formula for providers of prescribed early years provision.
38
Expenditure on the purchase of CRC allowances.
39
Expenditure for the purposes of —
a
improving the performance of under-performing pupils from ethnic minority groups; and
b
meeting the specific needs of bilingual pupils,
where the authority consider that it would be more appropriate for them to make this provision.
40
Expenditure on the writing-off of deficits of schools which are discontinued, excluding any associated administrative costs and overheads.
SCHEDULE 3
ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 18
Regulation 18
PART 1
1
Special educational needs of pupils determined in a manner that the authority consider appropriate as a means of assessing those needs.
2
Pupils for whom English is not their first language.
3
Turnover of pupils other than as part of the general admissions process at a school.
4
Admission arrangements at a school.
5
The size, condition and characteristics of a school’s buildings and grounds relative to those of other schools maintained by the local authority.
6
Where a school has a split site the funding must be in accordance with criteria published by the authority.
7
Such physical facilities, organisational facilities or communications facilities as are found at some schools only.
8
Non-domestic rates payable in respect of the premises of each school (including actual or estimated cost).
9
Use of energy by schools.
10
Rent payable in respect of school premises or payments in respect of the use by a school of facilities not exclusively occupied by that school (including actual or estimated cost).
11
Transport to and from activities outside school premises which form part of the school’s curriculum, or transport between the school and other educational facilities attended by pupils (including actual or estimated cost).
12
Hire of facilities outside school premises (including actual or estimated cost).
13
Insurance: the funding must be equal to the amount which would be spent on insurance for the school in question if amounts were not delegated to the governing body for such insurance or, if the authority do not insure, the appropriate proportion of the amount that would have been spent had they insured, to be determined on a basis decided by the authority.
14
Payments in relation to a private finance initiative (including actual or estimated cost).
15
Where a school has been established or has become the subject of a prescribed alteration within the meaning of regulations made under section 18 of the 2006 Act as a result of the closure of one or more schools, a local authority may include a factor in their formula which provides that —
a
an amount may be added to the budget share of the school to reflect all or part of the unspent budget share of the closing school for the funding period in which it closes; or
b
an amount may be deducted from the budget share of the school to reflect all or part of any deficit in the budget share of the closing school, provided the amount deducted does not exceed any amount determined by the local authority under regulation 11(6) as the delegated budget of the new school for the period from the opening date to the appropriate date.
16
Where a school is to be discontinued during the financial year or the following financial year.
17
School milk, meals and other refreshment: the authority may not attribute a negative value to any element of this factor.
18
Salaries at a school, the funding of which must be in accordance with a scale published by the authority (including actual or estimated cost), and which include pay arrears due to staff (also including actual or estimated cost).
19
Safeguarding of salaries in accordance with a document referred to in an order under section 122 of the 2002 Act (school teachers’ pay and conditions).
20
The differential in recruitment and retention costs in different areas in which schools are located.
21
The need for single payments to be allocated to nursery, primary, secondary or special schools, or any combination of such schools, regardless of size.
22
The need for payments to be allocated to schools, of a size and satisfying other conditions, specified by the authority.
23
Where schools budget shares would otherwise be reduced year-on-year by a percentage figure of 3% or more (determined by the authority), the authority must publish that percentage figure and an explanation of how any amounts using such a factor or criteria will be determined including, if applicable, the use to be made of any sliding scale. Such a factor may not take account of the extent to which a school has spent more than or has not spent all of its budget share in any financial year.
24
Contracts by which the governing body of a school are bound by virtue of a provision in the authority’s scheme (including actual or estimated cost).
25
Effect of taxation on schools.
26
Housing development leading to a reduction in numbers on roll at a school of at least 20% within one financial year or armed forces movements leading to any reduction in numbers on roll at a school.
27
Such items of expenditure in connection with provision for pupils registered at other schools as are prescribed by the School Budget Shares (Prescribed Purposes)(England) Regulations 2002 .
28
Incidence of qualified teachers who have been qualified for fewer than twelve months (“ NQTs ”).
29
Incidence of pupils from ethnic minority groups having below average levels of academic achievement in relation to other pupils in the authority’s area, to be determined on a basis decided by the authority.
30
Incidence of nursery classes and places which the authority have reserved for children with special educational needs.
31
Prior attainment of pupils entering a school.
32
Advanced Skills Teachers employed at a school.
33
Infant classes and places in infant classes not funded under any other provisions.
34
Incidence of any element of teachers’ salaries relating to threshold and performance pay (including actual or estimated cost).
35
Payments in respect of gifted and talented pupils.
36
Any amount which replicates part of or all of the cash value or formulaic calculation of any sum paid to a school from a specific grant in an earlier funding period, where this specific grant was a mainstreamed grant.
37
Where a school is federated with one or more other schools under section 24 of the 2002 Act.
38
In this Part, any reference to —
a
“pupils” includes children receiving early years provision;
b
“school” includes a relevant early years provider;
c
“school premises” includes premises used by a relevant early years provider, whether or not the early years provider is a school.
PART 2 Applicable only to budget shares for, and amounts to be allocated to, providers of prescribed early years provision
39
The need to improve the quality of provision by particular providers or types of provider.
40
The degree of flexibility in the hours of attendance that a provider makes available.
41
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
Primary and secondary schools
1
In this paragraph and paragraphs 2 to 4 —
a
references to the number of pupils exclude those funded by a sixth form grant;
b
the “relevant number” of pupils for the previous funding period is the number of registered pupils at the school on 20th January 2011;
c
subject to paragraphs 3 and 4, the “relevant number” of pupils for the funding period is the number of pupils at the school on 19th January 2012;
d
references to a redetermined adjusted budget share for the previous funding period include the effect of any additional arrangement approved by the schools forum or the Secretary of State under regulation 25 of the 2011 Regulations, but exclude the following —
i
any amounts included pursuant to regulations 20 (sixth form funding), 23 (excluded pupils) and 24 (correction of errors) of the 2011 Regulations,
ii
any amount included in respect of paragraphs 8 (rates), 14 (PFI), 28 (NQTs) and 33 ( ICS ) of Schedule 3 to the 2011 Regulations, and
iii
any amounts in respect of funding for named pupils which are deducted from a school’s budget share when those pupils leave the school, excluding amounts for the cost of providing free school meals;
e
references to a redetermined adjusted budget share include the effect of any additional arrangements approved by the schools forum or the Secretary of State under regulation 25 (additional arrangements), but exclude the following —
i
any amounts included pursuant to regulation 20 (sixth form funding) and 23 (excluded pupils),
ii
any amounts included in respect of paragraphs 8 (rates), 14 (PFI), 28 (NQTs) and 33(ICS) of Schedule 3; and
iii
any amounts in respect of funding for named pupils which are deducted from a school’s budget share when those pupils leave the school, excluding amounts for the cost of providing free school meals;
f
for the purposes of this Schedule —
i
where a school has opened during the previous funding period, its redetermined adjusted budget share for the previous funding period is the amount that it would have been had the school opened on 1st April 2011,
ii
where a school opens during the funding period, its redetermined adjusted budget share for the funding period is the amount that it would have been had the school opened on 1st April 2012,
adjusted in accordance with sub-paragraph (d) or (e), whichever is applicable.
2
Subject to paragraphs 3 and 4, the guaranteed funding level is to be calculated as follows for the funding period —
a
where the relevant number of pupils is the same as the relevant number for the previous funding period, the guaranteed funding level is A,
b
where the relevant number of pupils is lower than the relevant number for the previous funding period, the guaranteed funding level is A - (B x C),
c
where the relevant number of pupils is higher than the relevant number for the previous funding period, the guaranteed funding level is A + (B x C);
where —
A is, in respect of the funding period, the redetermined adjusted budget share for the previous funding period multiplied by 0.985 in respect of primary schools and secondary schools,
B is, in respect of the funding period, the difference between the relevant number of pupils for the previous funding period and the funding period,
C is, in respect of the funding period, the mean value of funding per pupil in the school’s redetermined adjusted budget share for the previous funding period (calculated using pupil numbers on 20th January 2011) multiplied by 0.985 x 0.80 in respect of primary schools and by 0.985 x 0.875 in respect of secondary schools.
3
1
Except where paragraph 4 applies, where the relevant number of pupils for the previous funding period or the funding period is 75 or fewer, that school’s guaranteed funding level for the funding period must be calculated as follows —
a
where the relevant number of pupils in the funding period is the same as the relevant number for the previous funding period, the guaranteed funding level is A,
b
where the relevant number of pupils in the funding period is lower than the relevant number of pupils for the previous funding period, the guaranteed funding level is A - (B x D/E x 0.985) in respect of primary schools and secondary schools,
c
where the relevant number of pupils in the funding period is higher than the relevant number of pupils for the previous funding period, the guaranteed funding level is A + (B x D/E x 0.985) in respect of primary schools and secondary schools;
where —
A and B have the same meaning as in paragraph 2,
D is the total funding within the redetermined adjusted budget share determined on the basis of pupil numbers for, in respect of the funding period, the previous funding period; and
E is, in respect of the funding period, the relevant number of pupils for the previous funding period.
2
For the purposes of this paragraph, “the relevant number of pupils” means, in respect of the funding period, the number of pupils registered at the school on 19th January 2012 and, in respect of the previous funding period, the number of pupils registered at the school on 20th January 2011.
4
Where a 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, save that the figure in respect of the new school’s redetermined adjusted budget share for the previous funding period is to be determined using the sum of the relevant number of pupils in the discontinued schools for the previous funding period as the relevant number for the purposes of paragraph 1(b).
Special schools
5
1
A local authority must provide in their formula that any amount allocated in accordance with regulation 15(1)(a) in respect of a place at a special school for the funding period must be at least 0.985 multiplied by the amount initially determined in relation to the previous funding period, in respect of a place appropriate to a pupil with the same characteristics at that school under regulation 15(1)(a) of the 2011 Regulations.
2
That portion of the redetermined budget share of a special school for the funding period calculated otherwise than in accordance with regulation 15 (but not including adjustments due under regulation 23 (excluded pupils)) must be at least 0.985 multiplied by that portion of the initially determined budget share for the previous funding period calculated otherwise than in accordance with regulation 15 of the 2011 Regulations (excluding adjustments due under regulation 23 (excluded pupils) of those Regulations).
6
For the purposes of this Schedule, “PFI” means Private Finance Initiative and “ICS” means Infant Class Sizes.
SCHEDULE 5
CONTENTS OF SCHEMES
Regulation 26
The matters referred to in regulation 26, being matters connected with the financing of schools maintained by a local authority, required to be dealt with in the local authority’s scheme are as follows:
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 NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012
In accordance with section 224(4) of the Local Government and Public Involvement in Health Act 2007 the Secretary of State has consulted such persons as the Secretary of State considers appropriate.
PART 1 GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012.
2
These Regulations come into force as follows —
a
regulations 3 to 11, and regulation 2 in so far as it relates to those regulations, come into force on the date that section 200 of the 2012 Act (Care Trusts) comes fully into force;
b
regulation 12 comes into force on the date that section 14 of the 2012 Act (power of clinical commissioning group to commission certain health services) comes fully into force;
c
regulation 13 , and regulation 2 in so far as it relates to that regulation, comes into force on the date that paragraph 25 of Schedule 4 to the 2012 Act (amendment of section 76 of the 2006 Act) comes fully into force;
d
Part 3 comes into force on the date that section 30 of the 2012 Act (appointment of directors of public health) comes fully into force;
e
Part 4 comes into force on the date that section 29 of the 2012 Act (other health service functions of local authorities under the 2006 Act) comes fully into force;
f
Part 5 comes into force on the date that section 32 of the 2012 Act (complaints about the exercise of public health functions by local authorities) comes fully into force;
g
Part 6 comes into force on the date that section 183 of the 2012 Act (local authority arrangements) comes fully into force; and
h
Part 1 comes into force on whichever of the dates specified in paragraphs (a) to (g) is the earliest.
3
In these Regulations —
“the 2006 Act” means the National Health Service Act 2006;
“the 2012 Act” means the Health and Social Care Act 2012.
PART 2 CARE TRUSTS AND MISCELLANEOUS AMENDMENTS
2
In this Part —
“the Board” means the National Health Service Commissioning Board ;
“the body” means, in relation to a Care Trust designation or proposed Care Trust designation, the clinical commissioning group, NHS trust or NHS foundation trust which is, or is to be, designated;
“the Partnership Regulations” means the NHS Bodies and Local Authorities Partnership Regulations 2000 .
Prescribed functions for the purposes of section 77(1) of the 2006 Act
3
1
Subject to paragraphs (3) and (4), the health-related functions of local authorities specified in regulation 6 of the Partnership Regulations are prescribed for the purposes of section 77(1) of the 2006 Act (designation of a body as a Care Trust).
2
The NHS functions specified in regulation 5 of the Partnership Regulations are prescribed for the purposes of section 77(1) of the 2006 Act.
3
Where the body exercising a health-related function is, or is to be, a clinical commissioning group and the function consists of providing or securing the provision of services, that function is prescribed for the purposes of section 77(1) only if it is to be exercised by that clinical commissioning group securing the provision of those services.
4
Where the body exercising a health-related function is, or is to be, an NHS trust or NHS foundation trust and the function consists of providing or securing the provision of services, that function is prescribed for the purposes of section 77(1) only if it is to be exercised (whether wholly or in part) by that trust providing those services.
Consultation requirements
4
1
This regulation applies where a clinical commissioning group, NHS trust or NHS foundation trust and a local authority propose to designate a body as a Care Trust under section 77(1) of the 2006 Act, or propose to revoke such designation.
2
Where this regulation applies, the body and the local authority must, before designating or revoking the designation, as the case may be, consult jointly such persons as appear to them to be affected by the proposed designation or revocation.
Combination of consultations
5
Where the body and the local authority agree, the consultation required by regulation 4 of these Regulations may be combined with any consultation carried out by the body in relation to proposals for changes in the way in which services are provided by, or provided under arrangements made by, the body.
Prescribed form and manner for publication
6
1
The reasons and information referred to in section 77(1A)(a) of the 2006 Act (reasons for designation and information about proposed governance arrangements) must be published before the consultation required by regulation 4 and in the form and manner prescribed by paragraph (2).
2
The reasons and information referred to in paragraph (1) must be published —
a
in writing; and
b
on the websites of the body and the local authority.
Action following consultation
7
The body and the local authority must, following the consultation prior to designation or revocation of designation of the body as a Care Trust, publish —
a
a summary of responses to the consultation; and
b
a written statement setting out how the responses received as part of the consultation have influenced the decision to designate the body as a Care Trust or revoke the designation.
Publication requirements following the decision to designate
8
1
The body and the local authority must publish the following information as soon as practicable following the decision to designate the body as a Care Trust.
2
The body and the local authority must publish —
a
the date on which the Care Trust designation takes effect;
b
the names of the body and the local authority;
c
the proposed name of the Care Trust;
d
the LA delegation arrangements between the body and the local authority;
e
the proposed governance arrangements of the body following designation as a Care Trust; and
f
the services which it is proposed that the body would provide, or arrange for the provision of, in the exercise of —
i
the functions specified in the LA delegation arrangements, and
ii
the NHS functions to be exercised in conjunction with those functions.
Publication requirements following the decision to revoke the designation
9
1
The body and the local authority must publish the following information as soon as practicable following the decision to revoke the designation of the body as a Care Trust.
2
The body and the local authority must publish —
a
the date on which the Care Trust designation comes to an end;
b
the names of the body and the local authority;
c
the proposed new name of the body following the revocation of the designation; and
d
details of how the LA delegation arrangements between the body and the local authority would be operated following the revocation of the designation.
Notification requirements following designation or revocation of designation
10
1
Where a body has been designated as a Care Trust or the designation has been revoked, the body and the local authority must notify the persons mentioned in paragraph (2) of that fact as soon as practicable following the designation or revocation.
2
The persons to be notified are —
a
the Board;
b
Monitor ;
c
every member of the local authority;
d
the Care Quality Commission ; and
e
the Local Healthwatch organisation for the area of the local authority.
Revocations and amendment relating to Care Trusts
11
1
The Care Trusts (Application and Consultation) Regulations 2001 are revoked.
2
In the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 , in regulation 2 (consultation relating to orders under section 25 of the Act and dissolution orders), in paragraph (4) for “to designate” substitute “to revoke a designation of”.
Amendment of the NHS Bodies and Local Authorities Partnership Regulations 2000
12
1
The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “the 1977 Act”;
b
after the definition of “the 1983 Act” insert —
“the 2006 Act” means the National Health Service Act 2006
;
c
omit the definition of “health improvement plan”;”
d
before the definition of “health-related functions” insert —
“the Board” means the National Health Service Commissioning Board;
; and
e
in the definition of “NHS contract” for “section 4(1) of the National Health Service and Community Care Act 1990” substitute “section 9 of the 2006 Act ”.
3
In regulation 3 (prescribed NHS bodies and local authorities) in paragraph (1) —
a
omit paragraph (b);
b
after paragraph (d) insert —
e
a clinical commissioning group;
f
the Board.
.
4
In regulation 4 (partnership arrangements between NHS bodies and local authorities) —
a
in paragraph (2A), omit from the words “regulation 4” to the end and insert —
section 77(1A)(b) of the 2006 Act and regulation 4 of the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (consultation requirements).
;
b
omit paragraph (3).
5
In regulation 5 (functions of NHS bodies) —
a
for paragraph (a), substitute —
a
the functions of arranging for the provision of services under sections 3, 3A and 3B of, and paragraphs 9 to 11 of Schedule 1, to the 2006 Act, including rehabilitation services and services intended to avoid admission to hospital but excluding surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments and other invasive treatments and emergency ambulance services; and
aa
the functions of providing the services referred to in paragraph (a), pursuant to arrangements made by a clinical commissioning group or the Board;
;
b
for paragraph (b) substitute —
b
the functions of arranging for the provision of services under section 117 of the Mental Health Act 1983; and
ba
the functions of providing services referred to in paragraph (b) pursuant to arrangements made by a clinical commissioning group or the Board;
;
c
in paragraph (bb)(ii), omit “regulation 2(7) of”.
6
In regulation 6 (health-related functions of local authorities) —
a
in paragraph (a), for “the Local Authorities Social Services Act 1970” substitute “the Local Authority Social Services Act 1970”;
b
for paragraph (a)(ii) substitute —
section 6 of the Local Authority Social Services Act 1970;
;
c
in paragraph (a)(iva), after “1983 Act;” insert “and”;
d
omit paragraph (a)(v);
e
in paragraph (a)(vi), for “Parts VII to X” substitute “Parts VII to IX”;
f
in paragraph (d), for “section 57 of the Education Act 1996” substitute “section 578 of the Education Act 1996”; and
g
after paragraph (l) insert —
m
the functions of local authorities under or by virtue of sections 2B or 6C(1) of, or Schedule 1 to, the 2006 Act.
.
7
In regulation 7 (pooled fund arrangements) , in paragraph (2), for “Primary Care Trust” substitute “clinical commissioning group”.
8
In regulation 8 (exercise of functions by NHS body) , after paragraph (2)(h) insert —
i
the arrangements in place for the sharing of information between NHS bodies and local authorities.
.
9
In regulation 9 (exercise of functions by local authorities) —
a
in paragraph (2), for “Primary Care Trust” substitute “clinical commissioning group”; and
b
after paragraph (3)(h), insert —
i
the arrangements in place for the sharing of information between NHS bodies and local authorities.
.
Payments by local authorities to specified NHS bodies in respect of prescribed functions
13
1
Subject to paragraph (3) below, the following functions are prescribed functions of the Board, a clinical commissioning group or a Local Health Board for the purposes of section 76(1) of the 2006 Act (power of local authorities to make payments).
2
The prescribed functions are those of arranging for the provision of services under —
a
sections 3, 3A and 3B of, and paragraphs 9 to 11 of Schedule 1 to, the 2006 Act, and sections 2 and 3(1) of, and paragraphs 1 to 6 and 8 of Schedule 1 to, the National Health Service (Wales) Act 2006 including rehabilitation services and services intended to avoid admission to hospital;
b
directions under section 127 of the 2006 Act ; and
c
section 117 of the Mental Health Act 1983.
3
The functions prescribed under paragraph (2)(a) and (c) are prescribed only to the extent that they do not include arranging the provision of —
a
surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments and other invasive treatments;
b
emergency ambulance services;
c
drugs and other substances which are listed in Schedule 1 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004 or which are listed in column 1 of Schedule 2 to those Regulations in circumstances in which the conditions specified in column 3 of that Schedule are not met; and
d
appliances which are not listed in Part IX of the Drug Tariff which is published in accordance with regulation 89(1) (the Drug Tariff: general provisions) of the National Health Service (Pharmaceutical Services) Regulations 2012 .
4
The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 are revoked.
PART 3 RESPONSIBILITIES OF DIRECTORS OF PUBLIC HEALTH
Responsibilities of directors of public health
14
The following functions of a local authority are prescribed for the purposes of section 73A(1)(f) of the 2006 Act (appointment of directors of public health) —
a
any of the authority’s functions arising from it being an authority which must be consulted pursuant to section 5(3)(bb) (statement of licensing policy) of the Licensing Act 2003 ;
b
any of the authority’s functions arising from it being a responsible authority, by virtue of sections 13(4)(bb) (authorised persons and responsible authorities), 69(4)(bb) (authorised persons and responsible authorities) or 172B(4)(da) (procedural requirements for early morning alcohol restriction order) of the Licensing Act 2003 , for the purposes of the following sections of that Act —
i
sections 18, 35 and 41B (representations by a responsible authority in relation to applications for, or to vary, premises licences) ;
ii
section 31 (representations by a responsible authority in relation to determination of application for provisional statement) ;
iii
sections 51, 52 and 53 (applications and representations by a responsible authority for and in relation to a review of premises licences) ;
iv
section 53C (representations by a responsible authority in relation to summary reviews of premises licences) ;
v
sections 72, 85 and 86B (representations by a responsible authority in relation to applications concerning club premises certificates) ;
vi
sections 87 , 88 and 89 (applications and representations by a responsible authority for and in relation to a review of club premises certificates);
vii
section 96 (powers of a responsible authority in relation to inspection of club premises);
viii
section 167 (representations by a responsible authority in relation to review of premises licence following closure order);
ix
section 172B (representations by a responsible authority in relation to early morning alcohol restriction orders).
Further provision as to prescribed public health functions
15
The functions which are prescribed under regulation 14 are also prescribed for the purposes of section 73B(2)(e) of the 2006 Act (other public health functions in the exercise of which a local authority must have regard to Secretary of State documents).
PART 4 DENTAL PUBLIC HEALTH FUNCTIONS OF LOCAL AUTHORITIES
Interpretation
16
In this Part —
“oral health promotion programme” means a health promotion and disease prevention programme the underlying purpose of which is to educate and support members of the public about ways in which they may improve their oral health;
“oral health survey” means a survey to establish the prevalence and incidence of disease or abnormality of the oral cavity;
“water fluoridation programme” means fluoridation arrangements made under section 87(1) (fluoridation of water supplies at request of relevant authorities) of the Water Industry Act 1991 .
Exercise of functions of local authorities
17
1
Each local authority shall have the following functions in relation to dental public health in England.
2
A local authority shall provide, or shall make arrangements to secure the provision of, the following within its area —
a
to the extent that the authority considers appropriate for improving the health of the people in its area, oral health promotion programmes;
b
oral health surveys to facilitate —
i
the assessment and monitoring of oral health needs,
ii
the planning and evaluation of oral health promotion programmes,
iii
the planning and evaluation of the arrangements for provision of dental services as part of the health service, and
iv
where there are water fluoridation programmes affecting the authority’s area, the monitoring and reporting of the effect of water fluoridation programmes.
3
The local authority shall participate in any oral health survey conducted or commissioned by the Secretary of State under paragraph 13(1) of Schedule 1 to the 2006 Act (powers in relation to research etc) so far as that survey is conducted within the authority’s area.
Revocations and transitional arrangements
18
1
The Functions of Primary Care Trusts (Dental Public Health) (England) Regulations 2006 (“the 2006 Regulations”) are revoked.
2
This paragraph applies where, in the exercise of its functions under the 2006 Regulations, a Primary Care Trust —
a
provided an oral health promotion programme or an oral health survey which was ongoing immediately prior to section 29 of the 2012 Act coming fully into force, or
b
participated in an oral health survey required by the Department of Health which was ongoing immediately prior to section 29 of the 2012 Act coming fully into force.
3
Where paragraph (2) applies, each local authority whose area fell wholly or partly within the area of the Primary Care Trust shall continue to carry out the oral health promotion programme or oral health survey, to the extent that the programme or survey relates to persons in the local authority’s area.
PART 5 COMPLAINTS ABOUT PUBLIC HEALTH FUNCTIONS OF LOCAL AUTHORITIES
Interpretation
19
In this Part —
“complaints manager” means the person designated in accordance with regulation 22(1)(b) ;
“responsible body” means a local authority or a service provider;
“responsible person” means the person designated in accordance with regulation 22 (1)(a);
“service provider” has the meaning given by regulation 20(e);
“working day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England under section 1 of the Banking and Financial Dealings Act 1971 .
Complaints about exercise of public health functions by local authorities
20
1
Subject to regulation 25 , where a complaint of a description to which paragraph (2) applies is made under these Regulations, it shall be handled and considered in accordance with these Regulations.
2
This paragraph applies to complaints about —
a
the exercise by a local authority of any of its public health functions ;
b
the exercise by a local authority of its functions by virtue of section 6C(1) or (3) of the 2006 Act (regulations as to the exercise by local authorities of the public health functions of the Secretary of State) ;
c
anything done by a local authority in pursuance of arrangements made under section 7A of the 2006 Act (exercise of Secretary of State’s public health functions);
d
the exercise by a local authority of any of its other functions —
i
which relate to public health, and
ii
for which its director of public health has responsibility ;
e
the provision of services by another person, in this Part referred to as a service provider, in pursuance of arrangements made by a local authority in the exercise of any function mentioned in sub-paragraphs (a) to (d).
Arrangements for the handling and consideration of complaints
21
1
Each responsible body must make arrangements (“arrangements for dealing with complaints”) in accordance with these Regulations for the handling and consideration of complaints.
2
The arrangements for dealing with complaints must be such as to ensure that —
a
complaints are dealt with efficiently;
b
complaints are properly investigated;
c
complainants are treated with respect and courtesy;
d
complainants receive, so far as is reasonably practical —
i
assistance to enable them to understand the procedure in relation to complaints, or
ii
advice on where they may obtain such assistance;
e
complainants receive a timely and appropriate response;
f
complainants are told the outcome of the investigation of their complaint; and
g
action is taken if necessary in the light of the outcome of a complaint.
Responsibility for complaints arrangements
22
1
Each responsible body must designate —
a
a person, in this Part referred to as a responsible person, to be responsible for ensuring compliance with the arrangements made under these Regulations, and in particular ensuring that action is taken if necessary in the light of the outcome of a complaint; and
b
a person, in this Part referred to as a complaints manager, to be responsible for managing the procedures for handling and considering complaints in accordance with the arrangements made under these Regulations.
2
The functions of the responsible person may be performed by any person authorised by the responsible body to act on behalf of the responsible person.
3
The functions of the complaints manager may be performed by any person authorised by the responsible body to act on behalf of the complaints manager.
4
The responsible person is to be —
a
in the case of a responsible body which is a local authority, the person who acts as the chief executive or other person designated as the authority’s head of paid service pursuant to section 4 of the Local Government and Housing Act 1989 ;
b
in the case of a responsible body which is a service provider, the person who is the chief executive of the provider or, if none —
i
the person who is the sole proprietor of the service provider;
ii
where the service provider is a partnership, a partner; or
iii
in any other case, a director of the service provider or a person who is responsible for managing the service provider.
5
The complaints manager may be —
a
a person who is not an employee of the responsible body;
b
the same person as the responsible person;
c
a complaints manager designated by another responsible body under paragraph (1)(b).
Persons who may make complaints
23
1
A complaint may be made by —
a
a person who receives or has received services from a responsible body; or
b
a person who is affected, or likely to be affected, by the action, omission or decision of the responsible body which is the subject of the complaint.
2
A complaint may be made by a person (in this regulation referred to as a representative) acting on behalf of a person mentioned in paragraph (1) who —
a
has died;
b
is a child;
c
is unable to make the complaint themselves because of —
i
physical incapacity; or
ii
lack of capacity within the meaning of the Mental Capacity Act 2005 ; or
d
has requested the representative to act on their behalf.
3
Where a representative makes a complaint on behalf of a child, the responsible body to which the complaint is made —
a
must not consider the complaint unless it is satisfied that there are reasonable grounds for the complaint being made by a representative instead of the child; and
b
if it is not so satisfied, must notify the representative in writing, and state the reason for its decision.
4
This paragraph applies where —
a
a representative makes a complaint on behalf of —
i
a child; or
ii
a person who lacks capacity within the meaning of the Mental Capacity Act 2005; and
b
the responsible body to which the complaint is made is satisfied that the representative is not conducting the complaint in the best interests of the person on whose behalf the complaint is made.
5
Where paragraph (4) applies —
a
the complaint must not be considered or further considered under these Regulations; and
b
the responsible body must notify the representative in writing, and state the reason for its decision.
6
In this Part, any reference to a complainant includes a reference to a representative.
Duty to handle complaints
24
1
Subject to the following provisions of this regulation, where a responsible body receives a complaint made in accordance with these Regulations, it must handle the complaint in accordance with these Regulations.
2
The duty in paragraph (1) applies —
a
in the case of a local authority, to any complaint made to the authority about —
i
the exercise of any its functions as specified in regulation 20(2)(a) to (d); or
ii
the provision of services by a service provider, in pursuance of arrangements made by the authority in the exercise of any of those functions; and
b
in the case of a service provider, to any complaint made to the provider about the provision of services by it under arrangements made by a local authority in the exercise of any of the functions specified in regulation 20(2)(a) to (d).
3
In the case of a complaint which is received by the local authority which is about a service provided by a service provider in pursuance of arrangements made by that authority —
a
the authority must ask the complainant whether the complainant consents to details of the complaint being sent to the service provider; and
b
if the complainant so consents, the authority must as soon as reasonably practicable send details of the complaint to the service provider.
4
Where details of the complaint are sent to the service provider in accordance with paragraph (2), the local authority may also consider whether it would be more appropriate for the complaint to be dealt with by the service provider.
5
If the local authority considers that it is more appropriate for the complaint to be dealt with by the service provider, the authority must ask the complainant whether the complainant consents to the complaint being dealt with by the service provider and if the complainant consents —
a
the local authority must so notify the complainant and the service provider; and
b
the service provider must handle the complaint in accordance with these Regulations and the complainant shall be deemed to have made the complaint to the service provider under these Regulations.
Complaints not required to be dealt with
25
1
The following complaints are not required to be dealt with in accordance with these Regulations —
a
a complaint by a responsible body;
b
a complaint by an employee of a responsible body about any matter relating to that employment;
c
a complaint which —
i
is made orally, and
ii
is resolved to the complainant’s satisfaction not later than the next working day after the day on which the complaint was made;
d
a complaint the subject matter of which is the same as that of a complaint that has previously been made and resolved in accordance with sub-paragraph (c);
e
a complaint the subject matter of which has previously been investigated under these Regulations;
f
a complaint the subject matter of which is being or has been investigated by a Local Commissioner under the Local Government Act 1974 ;
g
a complaint arising out of the alleged failure by a responsible body to comply with a request for information under the Freedom of Information Act 2000 ;
h
a complaint which relates to any scheme established under section 7 (superannuation of persons employed in local government service etc.) or section 24 (compensation for loss of office, etc.) of the Superannuation Act 1972 , or to the administration of those schemes.
2
Subject to paragraph (3), where a complaint is a complaint specified in paragraph (1), and a responsible body makes a decision to that effect, the responsible body must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for its decision.
3
Paragraph (2) does not apply to a complaint specified in sub-paragraph (c) of paragraph (1).
4
Where a complaint specified in paragraph (1) is part of, or is connected with, another complaint which is not so specified, nothing in this regulation prevents that other complaint being handled in accordance with these Regulations.
Duty to co-operate
26
1
This regulation applies where —
a
a local authority (“the first body”) is considering a complaint made in accordance with these Regulations; and
b
it appears to the first body that the complaint contains material which, if it had been sent to another local authority (“the second body”), would be a complaint which would fall to be handled in accordance with these Regulations by the second body.
2
The first body and the second body must co-operate for the purpose of —
a
co-ordinating the handling of the complaint; and
b
ensuring that the complainant receives a co-ordinated response to the complaint.
3
The duty to co-operate under paragraph (2) includes, in particular, a duty for each body —
a
to seek to agree which of the two bodies should take the lead in —
i
co-ordinating the handling of the complaint; and
ii
communicating with the complainant;
b
to provide to the other body information relevant to the consideration of the complaint which is reasonably requested by the other body; and
c
to send a representative to any meeting reasonably required in connection with the consideration of the complaint.
Time limit for making a complaint
27
1
Except as mentioned in paragraph (2), a complaint must be made not later than twelve months after —
a
the date on which the matter which is the subject of the complaint occurred; or
b
if later, the date on which the matter which is the subject of the complaint came to the notice of the complainant.
2
The time limit in paragraph (1) shall not apply if the responsible body is satisfied that —
a
the complainant had good reasons for not making the complaint within that time limit; and
b
notwithstanding the delay, it is still possible to investigate the complaint effectively and fairly.
Procedure before investigation
28
1
A complaint may be made orally, in writing or electronically.
2
Where a complaint is made orally, the responsible body to which the complaint is made must make a written record of the complaint.
3
Except where paragraph (4) applies, the responsible body must acknowledge the complaint not later than three working days after the day on which it receives the complaint.
4
In the case of a complaint of a description specified in regulation 24 (3) —
a
the local authority which receives the complaint must acknowledge the complaint not later than three working days after the day on which it receives the complaint; and
b
where a service provider receives notification under regulation 24 (5)(a), it must acknowledge the complaint not later than three working days after the day on which it receives the notification.
5
The acknowledgement may be made orally, in writing or, subject to regulation 30(1), electronically.
6
At the time it acknowledges the complaint, the responsible body must offer to discuss with the complainant, at a time to be agreed with the complainant —
a
the manner in which the complaint is to be handled; and
b
the period (the “response period”) within which —
i
the investigation of the complaint is likely to be completed; and
ii
the response required by regulation 29(2) is likely to be sent to the complainant.
7
If the complainant does not accept the offer of a discussion under paragraph (6), the responsible body must —
a
determine the response period specified in paragraph (6)(b); and
b
notify the complainant in writing of that period.
Investigation and response
29
1
A responsible body to which a complaint is made must —
a
investigate the complaint in a manner appropriate to resolve it speedily and efficiently, and
b
during the investigation, keep the complainant informed, as far as reasonably practicable, as to the progress of the investigation.
2
As soon as reasonably practicable after completing the investigation and in any event before the expiry of the relevant period, the responsible body must send the complainant in writing a response, signed by the responsible person, which includes —
a
a report which includes the following matters —
i
an explanation of how the complaint has been considered; and
ii
the conclusions reached in relation to the complaint, including any matters in respect of which the complaint specifies, or the responsible body considers, that remedial action is needed;
b
confirmation as to whether the responsible body is satisfied that any action needed in consequence of the complaint has been taken or is proposed to be taken; and
c
details of the complainant’s right to take their complaint to a Local Commissioner under the Local Government Act 1974.
3
In this regulation, “relevant period” means —
a
the period of 6 months commencing on the day on which the complaint was received or, where notification was given to a service provider by the local authority under regulation 24(5) , the day on which notification was given, or
b
such longer period as may be agreed by the complainant and the responsible body before the expiry of the period specified in sub-paragraph (a).
4
If the responsible body does not send the complainant a response in accordance with paragraph (2) within the relevant period, the responsible body must —
a
notify the complainant in writing accordingly and explain the reason why; and
b
send the complainant in writing a response in accordance with paragraph (2) as soon as reasonably practicable after the relevant period.
Form of communications
30
1
Any communication which is required by these Regulations to be made to a complainant may be sent to the complainant electronically where the complainant —
a
has consented in writing or electronically; and
b
has not withdrawn such consent in writing or electronically.
2
Any requirement in these Regulations for a document to be signed by a person is satisfied, in the case of a document which is sent electronically in accordance with these Regulations, by the individual who is authorised to sign the document typing their name or producing their name using a computer or other electronic means.
Publicity
31
Each responsible body must make information available to the public as to —
a
its arrangements for dealing with complaints; and
b
how further information about those arrangements may be obtained.
Monitoring
32
For the purpose of monitoring the arrangements under these Regulations, each responsible body must maintain a record of the following matters —
a
each complaint received;
b
the subject matter and outcome of each complaint; and
c
whether a report of the outcome of the investigation was sent to the complainant within the response period specified in regulation 28(6)(b).
Annual reports
33
1
Each responsible body must prepare an annual report for each year which must —
a
specify the number of complaints which the responsible body received;
b
specify the number of complaints which the responsible body decided were well-founded;
c
specify the number of complaints which the responsible body has been informed have been referred to a Local Commissioner to investigate under the Local Government Act 1974; and
d
summarise —
i
the subject matter of complaints that the responsible body received;
ii
any matters of general importance arising out of those complaints, or the way in which the complaints were handled;
iii
any matters where action has been or is to be taken to improve services as a consequence of those complaints.
2
In paragraph (1), “year” means a period of 12 months ending with 31st March.
3
Each responsible body must ensure that its annual report is available to any person on request.
4
A local authority shall be deemed to have complied with the requirements of this regulation where the matters specified in paragraph (1) are included in an annual report which also covers matters relating to other statutory complaints procedures , so long as that report has otherwise been prepared and made available in compliance with this regulation.
PART 6 LOCAL HEALTHWATCH
Interpretation
34
1
In this Part —
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“authorised representative” means an authorised representative within the meaning of section 225(5) of the 2007 Act (duties of services-providers to allow entry by Local Healthwatch organisations or contractors);
“care services” has the meaning given in section 221(6) of the 2007 Act (local arrangements in relation to health services and social services);
“health or social care professional” means (subject to paragraph (2)) an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority for Health and Social Care);
“lay person” means an individual who is not —
a health or social care professional; or
an employee of a Local Healthwatch organisation ;
“local authority arrangements” means arrangements made by a local authority under section 221(1) of the 2007 Act (health services and social services);
“Local Healthwatch arrangements” has the meaning given by section 222 of the 2007 Act (arrangements under section 221(1): Local Healthwatch organisations);
“Local Healthwatch contractor” has the meaning given by section 223 of the 2007 Act (prescribed provision to be included in arrangements under section 221(1));
“overview and scrutiny committee” has the meaning given by section 226(8) of the 2007 Act (referrals of social care matters);
“responsible person” has the meaning given by section 224(2) of the 2007 Act (duties to respond to Local Healthwatch);
“section 221 activities” means activities specified in section 221(2) of the 2007 Act (patient and public involvement in health and social care);
“services-provider”, except in regulation 47, has the meaning given by section 225(7) of the 2007 Act (duties of services-providers to allow entry by Local Healthwatch organisations and contractors);
“social care workers in England” has the meaning given in section 60 of the Health Act 1999 (regulation of health professions, social workers and other care workers);
“the relevant section 221 activities” means —
in relation to a Local Healthwatch organisation, the section 221 activities that that organisation is to carry on under local authority arrangements; and
in relation to a Local Healthwatch contractor, the section 221 activities that that contractor is to carry on under Local Healthwatch arrangements;
“the social work profession in England” has the meaning given in section 60 of the Health Act 1999 ;
“volunteer” means, in relation to a Local Healthwatch organisation or Local Healthwatch contractor, a person who without being paid (except for travel or other expenses) —
is a member or director of, or otherwise participates in the governance of, the organisation or contractor, or
is engaged in the carrying-on of the relevant section 221 activities by that organisation or contractor;
“working day” means any day except for a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday (in England) under the Banking and Financial Dealings Act 1971 .
2
In the definition of “health or social care professional” in paragraph (1), the reference to a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 is to be read as including a reference to the Health and Care Professions Council , or a regulatory body within section 25(3)(j) of that Act , so far as it has functions relating to —
a
the social work profession in England; or
b
social care workers in England.
Criteria concerning social enterprises
35
1
For the purposes of section 222(8)(b) of the 2007 Act (Local Healthwatch: social enterprises) the criteria prescribed are that the constitution of the body must —
a
state, or contain provisions which ensure, that not less than 50 per cent of its distributable profits in each financial year will be used or applied for the purpose of the activities of that body;
b
contain a statement or condition that the body is carrying on its activities for the benefit of the community in England; and
c
where appropriate, contain provisions relating to the distribution of assets which take effect when that body is dissolved or wound up, as specified in paragraph (2).
2
The provisions referred to in paragraph (1)(c) are ones which —
a
require that the residual assets of the body be distributed to those members of the body (if any) who are entitled to share in any distribution of assets on the dissolution or winding up of that body according to those members’ rights and interests in that body;
b
in the case of a company not limited by guarantee and registered as a charity in England and Wales, provide that no member shall receive an amount which exceeds the paid up value of the shares which the member holds in the company; and
c
designate another social enterprise (within the meaning of section 222(8) of the 2007 Act) to which any remaining residual assets of the body will be distributed after any distribution to members of the body.
3
The criteria prescribed in paragraph (1) do not apply to the following bodies —
a
a company limited by guarantee and registered as a charity in England and Wales;
b
a community interest company registered as a company limited by guarantee; and
c
a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011 (charitable incorporated organisations)).
4
In this regulation —
“charity” has the meaning given in section 1(1) of the Charities Act 2011;
“community interest company” means a company as referred to in section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 ;
“constitution” means —
in the case of a company, the company’s memorandum and articles of association; and
in the case of any other body, a written instrument which sets out the purpose, objectives, proposed activities and provisions for the governance of the body, including any provisions relating to the membership of the body and the distribution of profits and assets;
“distributable profits” means —
in relation to a company, the company’s profits available for distribution, within the meaning of section 830 of the Companies Act 2006 ; and
in relation to any other body, its accumulated, realised profits, so far as not previously utilised by distribution, less its accumulated, realised losses, so far as not previously written off;
“financial year” means the 12 month period that a body uses for accounting purposes;
“realised losses” and “realised profits” means the losses or profits of the business carried on by the body as fall to be treated as realised in accordance with generally accepted accounting practice;
“residual assets” means, in relation to the dissolution or winding up of a body, the assets of the body which remain after satisfaction of the body’s liabilities.
Political activities not to be treated as being carried on for the benefit of the community
36
1
For the purposes of section 222(9) of the 2007 Act (social enterprises: activities for the benefit of the community) and regulation 35(1)(b), the following activities are to be treated as not being activities which a person might reasonably consider to be activities carried on for the benefit of the community in England —
a
the promotion of, or opposition to, changes in —
i
any law applicable in the United Kingdom or elsewhere; or
ii
the policy adopted by any governmental or public authority in relation to any matter;
b
the promotion of, or opposition (including the promotion of changes) to, the policy which any governmental or public authority proposes to adopt in relation to any matter;
c
activities which can reasonably be regarded as intended or likely to —
i
provide or affect support (whether financial or otherwise) for a political party or political campaigning organisation; or
ii
influence voters in relation to any election or referendum.
2
But activities of the descriptions prescribed in paragraph (1) are to be treated as being activities which a person might reasonably consider to be activities carried on for the benefit of the community in England if —
a
they can reasonably be regarded as incidental to other activities, which a person might reasonably consider to be activities carried on for the benefit of the community in England; and
b
those other activities cannot reasonably be regarded as incidental to activities of the descriptions prescribed in paragraph (1).
3
In this regulation —
“governmental authority” includes —
any national, regional or local government in the United Kingdom or elsewhere, including any organ or agency of any such government;
the EU , or any of its institutions or agencies; and
any organisation which is able to make rules or adopt decisions which are legally binding on any governmental authority falling within paragraph (a) or (b) of this definition;
“political campaigning organisation” means any person carrying on, or proposing to carry on activities —
to promote, or oppose, changes in any law applicable in the United Kingdom or elsewhere, or any policy of a governmental or public authority (unless such activities are incidental to other activities carried on by that person); or
which could reasonably be regarded as intended to affect public support for a political party, or to influence voters in relation to any election or referendum (unless such activities are incidental to other activities carried on by that person);
“political party” includes any person standing, or proposing to stand, as a candidate at any election, and any person holding public office following election to that office;
“public authority” includes —
a court or tribunal; and
any person certain of whose functions are functions of a public nature;
“referendum” includes any national or regional referendum or other poll held in pursuance of any provision made by or under the law of any state on one or more questions or propositions specified in or in accordance with any such provision.
Section of the community
37
For the purposes of section 222(8)(a) and (10) of the 2007 Act (social enterprises: activities for the benefit of the community including a section of the community) and regulation 35(1)(b), any group of individuals may constitute a section of the community if —
a
they share a readily identifiable characteristic; and
b
other members of the community of which that group forms part do not share that characteristic.
Criterion to be met by bodies to be Local Healthwatch organisations
38
For the purposes of section 222(2)(b) of the 2007 Act (arrangements under section 221(1): criteria to be satisfied by social enterprises which are to be Local Healthwatch organisations), the criterion prescribed is that the governance arrangements of the body must include provision for the involvement of lay persons and volunteers in the governance of the body.
Regulations 40 to 43 - application and interpretation
39
1
Regulations 40 to 43 apply to any local authority arrangements.
2
In those regulations, in relation to local authority arrangements —
“A” refers to the local authority which made the arrangements;
“L” refers to the Local Healthwatch organisation with which the arrangements were made;
“relevant Local Healthwatch arrangements” means any Local Healthwatch arrangements made by L pursuant to section 222(2B) of the 2007 Act;
“the relevant contractor”, in relation to each set of relevant Local Healthwatch arrangements, means the Local Healthwatch contractor with whom those arrangements were made.
Provision to be included in local authority arrangements
40
1
Arrangements to which this regulation applies must include provision that L must —
a
before making any relevant decisions, have and publish the required procedures;
b
if any amendments are made to a required procedure, as soon as practicable publish the required procedure as amended;
c
comply with the required procedures as may be amended from time to time;
d
within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision;
e
comply with the requirements in regulation 42 (authorised representatives);
f
comply with the requirements in regulation 43(1) (trade mark); and
g
involve lay persons and volunteers in the carrying-on of the relevant section 221 activities.
2
For the purposes of this regulation, a “relevant decision” is a decision as to —
a
how to undertake the relevant section 221 activities;
b
which care services in relation to which those activities are to be carried out;
c
the spending of amounts in relation to those activities;
d
whether to request information from a responsible person or services-provider;
e
whether to refer a report or a recommendation to a responsible person or services-provider;
f
which premises owned or controlled by a services-provider an individual authorised as an authorised representative by L is to enter and view and when those premises are to be visited;
g
whether to refer a matter to an overview and scrutiny committee of a local authority or to a health scrutiny authority;
h
whether to report a matter concerning one or more of the section 221 activities to another person; or
i
in relation to relevant Local Healthwatch arrangements, the matters specified in paragraph (3).
3
The matters referred to in paragraph (2)(i) are —
a
which relevant section 221 activities in relation to which relevant Local Healthwatch arrangements are to be made;
b
which care services in relation to which such arrangements are to be made;
c
in relation to each set of such arrangements, the identity of the relevant contractor;
d
in relation to each set of such arrangements, whether those arrangements are to include provision for the relevant contractor to —
i
authorise individuals as authorised representatives;
ii
request information from a responsible person or services-provider;
iii
refer a report or a recommendation to a responsible person or services-provider;
iv
refer a matter to an overview and scrutiny committee of a local authority or to a health scrutiny authority; or
v
report a matter concerning one or more of the section 221 activities to another person;
e
in relation to each set of such arrangements, the provision to be included in those arrangements in relation to decisions as to which premises owned or controlled by a services-provider are to be visited by an authorised representative or when those premises are to be so visited; or
f
in relation to any provision of the kind described in sub-paragraph (d)(i) to (v), whether such provision is to be subject to any conditions or restrictions.
4
In this regulation —
“health scrutiny authority” means a committee or other person who discharges any functions conferred on a local authority under regulations under section 244(2) to (2ZC) of the 2006 Act (health scrutiny by local authorities);
“the required procedures” means —
a procedure for making relevant decisions, including provisions as to who may make such decisions;
a procedure for involving lay persons or volunteers in such decisions; and
a procedure for dealing with breaches of any procedure referred to in sub-paragraph (a) or (b).
5
The procedure referred to in sub-paragraph (c) of the definition of “the required procedures” in paragraph (4) must include provision setting out the circumstances in which a breach must be referred by L to A.
Provision to be included in Local Healthwatch arrangements
41
1
Arrangements to which this regulation applies must require each set of relevant Local Healthwatch arrangements to include provision that the relevant contractor must, in so far as that contractor carries on the relevant section 221 activities on behalf of L —
a
before making any relevant decisions, have and publish the required procedures;
b
if any amendments are made to a required procedure, as soon as practicable publish the required procedure as amended;
c
comply with the required procedures as may be amended from time to time;
d
within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and
e
involve lay persons and volunteers in the carrying-on of the relevant section 221 activities.
2
Without prejudice to paragraph (1), arrangements to which this regulation applies must require each set of relevant Local Healthwatch arrangements, in so far as they include provision of the kind described in regulation 40(3)(d)(i) (arrangements to authorise individuals as authorised representatives), to include provision that the relevant contractor must comply with the requirements in regulation 42 (authorised representatives).
3
For the purposes of this regulation, a “relevant decision” is a decision as to —
a
how to undertake the relevant section 221 activities;
b
the spending of amounts in relation to those activities;
c
whether to request information from a responsible person or services-provider;
d
whether to refer a report or a recommendation to a responsible person or services-provider;
e
whether to refer a matter to an overview and scrutiny committee of a local authority or to a health scrutiny authority;
f
whether to report a matter concerning one or more of the section 221 activities to another person; or
g
where the relevant Local Healthwatch arrangements include provision as described in regulation 40(3)(e), which premises owned or controlled by a services-provider are to be visited by an authorised representative and when those premises are to be so visited.
4
In this regulation —
“health scrutiny authority” has the same meaning as in regulation 40;
“the required procedures” means —
a procedure for making relevant decisions, including provisions as to who may make such decisions; and
a procedure for dealing with breaches of the procedure referred to in sub-paragraph (a).
5
The procedure referred to in sub-paragraph (b) of the definition of “the required procedures” in paragraph (4) must include provision setting out the circumstances in which a breach must be referred by the relevant contractor to L.
Requirements relating to authorised representatives for the purposes of entering and viewing
42
1
The requirements referred to in regulation 40(1)(e) and 41(2) are that L or the relevant contractor, as the case may be, must —
a
have and publish a procedure for the making of decisions about who may be an authorised representative;
b
if any amendments are made to the procedure referred to in sub-paragraph (a), as soon as practicable publish the procedure as amended;
c
comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;
d
maintain and publish a list of individuals authorised as authorised representatives;
e
provide each authorised representative with written evidence of that individual’s authorisation; and
f
ensure that only an individual to whom paragraph (2) applies may be an authorised representative.
2
This paragraph applies to an individual if —
a
a criminal records certificate under section 113A of the Police Act 1997 has been obtained in respect of that individual;
b
the relevant person has considered that certificate; and
c
that person is satisfied that the individual to whom that certificate refers is a suitable person for the purposes of entering and viewing, and observing the carrying-on of activities on, premises owned or controlled by a services-provider.
3
For the purposes of paragraph (2), “the relevant person” means —
a
in the case of a representative to be authorised by L, L; and
b
in the case of a representative to be authorised by the relevant contractor, that contractor.
Requirements relating to trade mark
43
1
The requirements referred to in regulation 40(1)(f) are that L must —
a
by such date as A may specify, apply to the Commission for a licence under section 45D(1) of the 2008 Act (grant of licence to use trade mark) which provides for the grant of a sub-licence by the licensee in accordance with section 45D(2) of that Act;
b
where a licence under section 45D(1) of the 2008 Act is obtained, use the trade mark to which that licence relates in relation to the carrying-on of the relevant section 221 activities; and
c
provide such advice, support or other assistance to the Commission as the Commission may reasonably require in connection with infringement proceedings (whether existing or proposed) relating to that trade mark.
2
In this regulation —
“the 2008 Act” means the Health and Social Care Act 2008 ;
“infringement proceedings” has the same meaning as in the Trade Marks Act 1994 ;
“the Commission” means the Care Quality Commission .
Duties of responsible persons to respond to reports and recommendations by Local Healthwatch organisations contractors
44
1
Subject to regulation 45 , this regulation applies where a Local Healthwatch organisation or a Local Healthwatch contractor has, in the carrying-on of the relevant section 221 activities, made a report or recommendation to a responsible person.
2
Where a report or recommendation (whether an original or a copy) is received for the first time by a relevant responsible person (“R”), R must within the period specified in paragraph (3) —
a
acknowledge receipt to the referrer; and
b
provide an explanation to the referrer of any action R intends to take in respect of the report or recommendation or an explanation of why R does not intend to take any action in respect of that report or recommendation.
3
The period referred to in paragraph (2) is —
a
20 working days beginning with the date of receipt of the report or recommendation in any case other than one to which paragraph (4) applies; and
b
30 working days beginning with the date of receipt of the report or recommendation in a case to which that paragraph applies.
4
This paragraph applies where —
a
the report or recommendation to which the duty in paragraph (2) applies appears to R to have been sent to more than one relevant responsible person;
b
the report or recommendation relates to a care service that more than one responsible person was responsible for arranging the provision of;
c
R is a clinical commissioning group and might reasonably consider it appropriate to consult the National Health Service Commissioning Board in respect of the report or recommendation; or
d
it is agreed by R and the referrer that, in all the circumstances, it is not expedient for R to comply with the duty in paragraph (2) within 20 working days.
5
Where a report or recommendation (whether an original or a copy) is received for the first time by a responsible person, other than a relevant responsible person, that responsible person must within 20 working days beginning with the date of receipt of that report or recommendation —
a
acknowledge receipt to the referrer;
b
provide a copy of the report or recommendation to any other responsible person which appears to the responsible person to be a relevant responsible person; and
c
inform the referrer if no other responsible person appears to the responsible person to be a relevant responsible person.
6
A relevant responsible person is a responsible person who was responsible for providing or arranging the provision of any of the care services to which the report or recommendation relates.
7
This paragraph applies where persons who are relevant responsible persons in respect of a report or recommendation agree that one of those responsible persons may act on their behalf in relation to a report or recommendation made in accordance with paragraph (1).
8
Where paragraph (7) applies —
a
the duty in paragraph (2)(b) and the period specified in paragraph (3) do not apply; and
b
the responsible person acting on behalf of the relevant responsible persons must, within 30 working days of the latest date on which the report or recommendation was received by one of those responsible persons, provide to the referrer —
i
an explanation of any action any of those responsible persons intends to take in respect of the report or recommendation; or
ii
an explanation of why none of those responsible persons intends to take any action in respect of that report or recommendation.
9
If a relevant responsible person receives a report or recommendation from a Local Healthwatch organisation or a Local Healthwatch contractor, the relevant responsible person must send a copy of the report or recommendation to any other relevant responsible person which appears to the relevant responsible person not to have received that report or recommendation, or a copy of it.
10
If a relevant responsible person receives a copy of a report or recommendation from a responsible person, the relevant responsible person must send a copy to any other relevant responsible person which appears to the relevant responsible person not to have received a copy of that report or recommendation.
11
In this regulation, “the referrer” means the Local Healthwatch organisation or Local Healthwatch contractor which made the report or recommendation.
12
Where a responsible person is required to acknowledge receipt, provide an explanation or inform the referrer, that responsible person must do so in writing.
Excluded services
45
1
Regulation 44 does not apply where a report or recommendation relates wholly to excluded services.
2
Where a report or recommendation relates partly to excluded services, regulation 44 applies only to that part of the report or recommendation that does not relate to those services.
3
In this regulation, “excluded services” means services which are not care services in respect of which the Local Healthwatch organisation or Local Healthwatch contractor, as the case may be, which made the report or recommendation is carrying on the relevant section 221 activities.
Referrals of social care matters
46
For the purposes of section 226(2)(a) of the 2007 Act (overview and scrutiny committees: acknowledgement of referrals by Local Healthwatch), the time by which the duty under that section is to be performed is 20 working days beginning with the date on which the referral to which the duty applies was received.
Revocation and saving provision
47
1
The Local Involvement Networks Regulations 2008 are revoked.
2
Where paragraph (3) applies, subject to paragraphs (4) and (5), regulations 5 and 6 of the 2008 Regulations continue to have effect as if this Part were not in force.
3
This paragraph applies where —
a
a services-provider has, prior to the commencement of this Part, received a report or recommendation (whether an original or a copy) made by a local involvement network in the carrying-on of section 221 activities pursuant to arrangements made under section 221(1) of the 2007 Act (“the relevant report or recommendation”);
b
the time by which any duties under regulations 5 and 6 of the 2008 Regulations as respects the relevant report or recommendation are to be performed has not expired as at the date of commencement of this Part; and
c
any such duties have yet to be performed as at that date.
4
For the purposes of paragraph (2) —
a
the referrer of a relevant report or recommendation is deemed to be the Local Healthwatch organisation for the local authority area in respect of which the local involvement network referred to in paragraph (3)(a) carried out the section 221 activities in question;
b
regulation 5 of the 2008 Regulations is to be read as if references to “Local Healthwatch organisation” are substituted for references to “local involvement network”.
5
For the purposes of paragraph (2), in any case where a Primary Care Trust was a relevant services-provider, as defined in regulation 5(4) of the 2008 Regulations, in respect of the report or recommendation —
a
the body or bodies responsible for discharging the duties of that services-provider on or after the date this Part comes into force are the relevant body or bodies exercising the function of arranging the provision of the care services to which the report or recommendation relates and which were commissioned by the Trust;
b
the references to “relevant services-provider” in regulation 5(3)(b) and (c) of the 2008 Regulations include a reference to the relevant body or bodies; and
c
the period referred to in regulation 5(3) of the 2008 Regulations is to be treated as 30 working days beginning with the date, or latest date, on which the report or recommendation was received by the relevant body or bodies.
6
In this regulation —
“the 2008 Regulations” means the Local Involvement Networks Regulations 2008;
“local involvement network” has the same meaning as in the 2008 Regulations ;
“services-provider” has the same meaning as in the 2008 Regulations ;
“relevant body or bodies” means a clinical commissioning group or groups or the National Health Service Commissioning Board.
Signed by authority of the Secretary of State for Health.
Anna Soubry
Parliamentary Under-Secretary of State for Health,
Department of Health
12th December 2012 |
The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012
By virtue of section 29J(4) of that Act, these Regulations are not to have effect until approved by order of the Privy Council.
Citation and commencement
1
This Order may be cited as the General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012 and comes into force on 3rd December 2012.
Privy Council approval
2
Their Lordships, having taken these Regulations into consideration, are pleased to and do approve them.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE
The General Medical Council (Licence to Practise and Revalidation) Regulations 2012
ARRANGEMENT OF REGULATIONS
1
Citation, commencement and interpretation
2
Notices
3
Grant or refusal of a licence
4
Withdrawal of a licence
5
Restoration of a licence after withdrawal
6
Revalidation
7
Referral to a Registration Panel
8
Restoration for the purposes of section 41(7)
9
Revocation
The General Medical Council, in exercise of their powers under sections 29A(2) to (4), 29B(1), (2) and (3), 29D(1), (1A) and (2), 29E(1) to (2A), 29J(1) and (3) and 41(7) of the Medical Act 1983 and after consulting in accordance with section 29J(5) of that Act with such bodies or persons representing medical practitioners, and such medical practitioners, as appeared to the General Medical Council requisite to be consulted, make the following Regulations —
Citation, commencement and interpretation
1
1
These Regulations may be cited as the General Medical Council (Licence to Practise and Revalidation) Regulations 2012 and come into force on 3rd December 2012.
2
In these Regulations —
“ the Act ” means the Medical Act 1983;
“the GMC reference number” means, in relation to any individual medical practitioner, the number allocated and notified as such to that practitioner by the Registrar;
“licence” means a licence to practise;
“licensed practitioner” means a registered practitioner who holds a licence;
“notice of a submission date” has the meaning given in regulation 6(1);
“registered practitioner” means a person registered under any provision of the Act irrespective of whether or not that person holds a licence;
“responsible officer” means, in relation to a registered practitioner, a responsible officer nominated or appointed by a designated body within the meaning of Part VA to which the practitioner has a prescribed connection by virtue of —
regulation 10 or 12 of the Medical Profession (Responsible Officers) Regulations 2010 , or
regulation 8 or 10 of the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010 ;
“working day” has the meaning given in regulation 2(5).
3
In these Regulations, references to numbered Parts, sections and subsections are references to so numbered Parts, sections and subsections of the Act.
Notices
2
1
Any notice required under these Regulations must be given in writing by —
a
any means by which a notice may be given under section 29H(2) (notices) ;
b
sending it by ordinary post, to —
i
the practitioner’s address in the register, or
ii
if the conditions in paragraph (2) are satisfied, the practitioner’s last known address; or
c
sending it by electronic mail to an electronic mail address that the practitioner has given the Registrar as an address to which the Registrar may send written communications about any matter to which the notice relates.
2
The conditions are that —
a
the practitioner’s last known address differs from the practitioner’s address in the register; and
b
it appears to the Registrar that a letter sent to the practitioner at the practitioner’s last known address is more likely to reach the practitioner.
3
For the purposes of this regulation (including section 29H to the extent applied by paragraph (1)(a)), references to the practitioner’s last known address are to be taken to include an address (other than an electronic mail address) which the practitioner has given the Registrar as an address to which the Registrar may send written communications about any matter to which the notice relates.
4
For the purposes of this regulation —
a
the giving of a notice effected by sending it by electronic mail is to be deemed to have been effected on the day on which the notice is sent;
b
the giving of a notice effected by delivering it or leaving it at an address determined in accordance with this regulation is to be deemed to have been effected on the day on which it is delivered or left; and
c
the giving of a notice effected by sending it by ordinary post, is to be deemed to have been effected —
i
in the case of first class post, on the second working day after the day on which it was posted, and
ii
in the case of second class post, on the fourth working day after the day on which it was posted.
5
For the purposes of paragraph (4)(c), “working day” means any day other than —
a
a Saturday or Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom to which the notice is sent.
Grant or refusal of a licence
3
1
The Registrar must grant a licence to a medical practitioner —
a
upon registration under the Act whether such registration is full or provisional, or by virtue of section 18 (visiting medical practitioners from relevant European States) , 18A (temporary registration with regard to emergencies) , 27A (temporary registration with regard to emergencies) or 27B (special purpose registration) ;
b
unless the practitioner requests otherwise, upon restoration of the practitioner’s name to the register pursuant to regulations made under —
i
subsection (8) of section 31 (power to make regulations with respect to the registers) , or
ii
subsection (1)(c) of section 31A (voluntary removal from the register) ;
c
unless the practitioner requests otherwise, upon restoration of the practitioner’s name to the register pursuant to section 41(1) (restoration of names to the register) , where the practitioner’s name had, before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009 , been erased from the register pursuant to section 35D (functions of a Fitness to Practise Panel) ; or
d
unless the practitioner requests otherwise, upon the date that a period of suspension, including any extension of a period of suspension or any period of suspension ordered to take effect immediately, comes to an end, where the practitioner had, before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009, been suspended under Part V.
2
A registered practitioner who does not hold a licence may make an application in writing to the Registrar for a licence.
3
An application made under paragraph (2) must include —
a
the practitioner’s name, date of birth and GMC reference number;
b
the practitioner’s registered address or an address to which the Registrar may send the practitioner written communications about the application;
c
if the practitioner is willing to receive written communications about the application by electronic mail, an electronic mail address to which the Registrar may send such communications;
d
confirmation that the practitioner has not since the time of the coming into force of the General Medical Council (Licence to Practise) Regulations 2009 provided medical services for which a licence is required;
e
the name and address of —
i
any person, body or organisation by whom the practitioner is employed to provide medical services, and
ii
any person, body or organisation with whom the practitioner has an arrangement to provide medical services;
f
where the practitioner is not employed to provide medical services and does not have an arrangement to provide medical services, the name and address of —
i
the person, body or organisation that most recently employed the practitioner to provide medical services (if any), and
ii
the person, body or organisation with whom the practitioner most recently had an arrangement to do so (if any);
g
the date that —
i
any employment and any arrangement to provide medical services referred to under paragraph (e) commenced, or
ii
any employment and any arrangement to provide medical services referred to under paragraph (f) —
aa
commenced, and
bb
terminated; and
h
a statement by each person set out in paragraph (4) which —
i
states that the person making it is not aware of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner liable to be referred to the General Council for investigation or consideration of the practitioner’s fitness to practise, or which have resulted in such investigation or consideration, or
ii
gives particulars of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner so liable or which have resulted in such investigation or consideration, of which the person making the statement is aware.
4
The persons referred to in paragraph (3)(h) are —
a
the practitioner;
b
any person or an officer of any body or organisation named in accordance with paragraph (3)(e); and
c
an officer of any regulatory body (other than the General Council) with which the practitioner has been registered within the period of 5 years ending with the date of the application.
5
Where in the Registrar’s opinion it is reasonable to do so for the purpose of determining whether to grant an application, the Registrar may —
a
by notice to the practitioner, request that the practitioner provide further evidence or information; and
b
carry out other investigations.
6
Subsections (5) to (8) of section 29E (evidence) apply to the provision of evidence or information under paragraph (5) as they apply to the supply of information or the production of documents under subsections (3) and (4) of section 29E.
7
Where, pursuant to section 35C(8) (functions of the Investigation Committee) , a referral has been made to an Interim Orders Panel or a Fitness to Practise Panel to consider making an interim order under section 41A (interim orders) in relation to the applicant, the Registrar may decide to take no further action in relation to the application until the decision of the panel and the outcome of any application to the relevant court under section 41A(10), is known.
8
The Registrar may refuse an application if the Registrar considers that, without reasonable excuse, the practitioner has —
a
failed to satisfy the requirements of paragraph (3); or
b
failed to provide any evidence or information requested by the Registrar under paragraph (5).
9
Save where the application is refused under paragraph (8) or where any circumstances apply which would require a licence to be withdrawn, the Registrar must grant an application and give the practitioner notice that the application has been granted.
Withdrawal of a licence
4
1
The licence of a registered practitioner must be withdrawn by the Registrar where —
a
the practitioner requests withdrawal of that licence;
b
it is established to the satisfaction of the Registrar that the licence was fraudulently procured or otherwise incorrectly granted; or
c
paragraph (2) applies.
2
This paragraph applies where a registered practitioner’s —
a
name is erased from the register pursuant to subsection (4) or (5) of section 30 (the registers) ;
b
name is erased from the register pursuant to section 39 (fraud or error in relation to registration) ;
c
name is removed from the register pursuant to subsection (3) of section 44 (effect of disqualification in another relevant European State on registration in the United Kingdom) ;
d
name is erased from the register pursuant to subsection (1) or (4) of section 44B (provision of information in respect of fitness to practise matters) ;
e
name is erased from the register pursuant to regulations made under section 31A (voluntary removal from the register) or section 32(2) (registration fees) ;
f
name is erased from the list of visiting medical practitioners from relevant European States pursuant to paragraph 3(4) of Schedule 2A (visiting medical practitioners from relevant European states) ;
g
registration under section 18A (temporary registration with regard to emergencies involving loss of human life or human illness etc. ) is revoked; or
h
registration under section 27A (temporary registration for visiting eminent specialists) or section 27B (special purpose registration) ceases to have effect.
3
The licence of a registered practitioner may be withdrawn by the Registrar where it is established to the satisfaction of the Registrar that the practitioner has —
a
failed, without reasonable excuse, to comply with any requirement of guidance published by the General Council under section 29G (guidance) (including any requirement to participate in a scheme of appraisal which meets the requirements set out in that guidance);
b
failed, without reasonable excuse, to provide any evidence or information to the Registrar in accordance with regulation 6(4);
c
failed, without reasonable excuse, to undergo an assessment requested by the Registrar in accordance with regulation 6(8);
d
failed, without reasonable excuse, to provide any evidence or information required by the Registrar in accordance with regulation 6(9);
e
failed, without reasonable excuse, to provide any evidence or information requested by the Registrar in accordance with regulation 6(10);
f
fraudulently provided to the Registrar, in relation to any requirement of regulation 6 or any requirement or request of the Registrar under that regulation, any evidence or information which is false; or
g
failed, without reasonable excuse, to pay any fee required in accordance with regulation 6(14).
4
The licence of a registered practitioner must not be withdrawn under paragraph (1)(b) or (3) without the Registrar having first —
a
given the practitioner notice —
i
stating that the Registrar is minded to withdraw the licence,
ii
stating on what grounds the Registrar is so minded to withdraw the licence,
iii
inviting the practitioner to make written representations no later than 28 days from the date that the notice is given to the practitioner; and
b
taken account of any representations made by the practitioner.
5
Where a practitioner’s licence is withdrawn under paragraph (1) or (3), the Registrar may advise the practitioner of any evidence or information which the Registrar considers may be reasonable to request for the purposes of any restoration application.
Restoration of a licence after withdrawal
5
1
A registered practitioner whose licence has been withdrawn under regulation 4(1) or (3) may make an application in writing to the Registrar for the licence to be restored, except where paragraph (12) applies.
2
An application made under paragraph (1) must include —
a
the practitioner’s name, date of birth and GMC reference number;
b
the practitioner’s registered address or an address to which the Registrar may send the practitioner written communications about the application;
c
if the practitioner is willing to receive written communications about the application by electronic mail, an electronic mail address to which the Registrar may send such communications;
d
confirmation that the practitioner has not since the time that the licence was withdrawn provided medical services for which a licence is required;
e
the name and address of —
i
any person, body or organisation by whom the practitioner is employed to provide medical services, and
ii
any person, body or organisation with whom the practitioner has an arrangement to provide medical services;
f
where the practitioner is not employed to provide medical services and does not have an arrangement to provide medical services, the name and address of —
i
the person, body or organisation that most recently employed the practitioner to provide medical services (if any), and
ii
the person, body or organisation with whom the practitioner most recently had an arrangement to do so (if any);
g
the date that —
i
any employment and any arrangement to provide medical services referred to under paragraph (e) commenced, or
ii
any employment and any arrangement to provide medical services referred to under paragraph (f) —
aa
commenced, and
bb
terminated; and
h
a statement by each person set out in paragraph (3) which —
i
states that the person making it is not aware of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner liable to be referred to the General Council for investigation or consideration of the practitioner’s fitness to practise, or which have resulted in such investigation or consideration, or
ii
gives particulars of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner so liable or which have resulted in such investigation or consideration, of which the person making the statement is aware.
3
The persons referred to in paragraph (2)(h) are —
a
the practitioner;
b
any person or an officer of any body or organisation named in accordance with paragraph (2)(e); and
c
an officer of any regulatory body (other than the General Council) with which the practitioner has been registered within the period of 5 years ending with the date of the application.
4
Where the practitioner’s licence was withdrawn under regulation 4(3) —
a
on any ground mentioned in regulation 4(3)(a) to (e) and (g), the practitioner must take the step which the practitioner had failed to take during the revalidation of the practitioner; or
b
on the ground mentioned in regulation 4(3)(f), the practitioner must provide information or evidence which is not false in relation to the requirement or request in question.
5
In the circumstances specified in paragraph (6), the Registrar may, prior to deciding whether to grant or refuse an application under paragraph (1), carry out a revalidation of the practitioner under regulation 6 (and a notice may be served under regulation 6(1) even though the practitioner is not licensed).
6
Those circumstances are that —
a
the Registrar has not carried out a revalidation of the practitioner within the period of 5 years prior to the application; or
b
the practitioner’s licence was withdrawn under regulation 4(1)(a) and the Registrar has reasonable grounds for believing that the practitioner requested the licence be withdrawn in order to avoid being subject to revalidation.
7
Where in the Registrar’s opinion it is reasonable to do so for the purpose of determining whether to grant an application, the Registrar may —
a
by notice to the practitioner, request that the practitioner provide further evidence or information; and
b
carry out other investigations.
8
Subsections (5) to (8) of section 29E (evidence) apply to the provision of evidence or information under paragraph (7) as they apply to the supply of information or the production of documents under subsections (3) and (4) of section 29E.
9
Where, pursuant to section 35C(8) (functions of the Investigation Committee), a referral has been made to an Interim Orders Panel or a Fitness to Practise Panel to consider whether to make an interim order under section 41A (interim orders) in relation to the applicant, the Registrar may decide to take no further action in relation to the application until the decision of the panel and the outcome of any application to the relevant court under section 41A(10) is known.
10
The Registrar may refuse an application if —
a
the Registrar considers that, without reasonable excuse, the practitioner has —
i
failed to satisfy the requirements of paragraph (2),
ii
where applicable, failed to satisfy a requirement of paragraph (4), or
iii
failed to provide any evidence or information requested by the Registrar under paragraph (7); or
b
in relation to a revalidation of the practitioner carried out under paragraph (5), the Registrar could have withdrawn a licence under regulation 4(3) if the practitioner held a licence at the time of the revalidation.
11
Save where the application is refused under paragraph (10) or where any circumstances apply which would require a licence to be withdrawn, the Registrar must grant an application and give the practitioner notice that the application has been granted.
12
Unless the practitioner requests otherwise, where a practitioner’s licence has been withdrawn under regulation 4(1)(c), the licence must be restored automatically on the practitioner’s restoration to the register pursuant to regulations made under subsection (8) of section 31 (power to make regulations with respect to the registers) or section 31A (voluntary removal from the register).
Revalidation
6
1
The Registrar must give each licensed practitioner, other than an excepted practitioner listed in paragraph (2), a notice specifying a submission date (“notice of a submission date”) for the purposes of the revalidation of the practitioner —
a
once in every five year period following the grant of a licence to the practitioner; or
b
on any other occasion that the Registrar sees fit.
2
An excepted practitioner is a practitioner who —
a
is registered under section 18 (visiting medical practitioners from relevant European states), 18A (temporary registration with regard to emergencies) or 27A (temporary registration for visiting eminent specialists); or
b
is subject to proceedings relating to whether the practitioner’s fitness to practise is impaired and the Registrar does not consider that it is possible to evaluate the practitioner’s fitness to practise while the practitioner is subject to those proceedings.
3
The notice of a submission date must —
a
be given to the practitioner at least 3 months before the submission date, unless the practitioner agrees to a shorter period; and
b
where paragraph (1)(b) applies, give the Registrar’s reasons.
4
A practitioner who has been given notice of a submission date must, by that date, provide any evidence or information to the Registrar relating to the revalidation of the practitioner required by guidance published by the General Council under section 29G (guidance).
5
A practitioner who has a responsible officer and has been given notice of a submission date, must take reasonable steps to arrange for that responsible officer to produce a statement to the Registrar, on or before that date, as to whether the responsible officer —
a
recommends that the practitioner is fit to practise;
b
cannot recommend that the practitioner is fit to practise; or
c
requires more time in which to make a recommendation,
and in each case the responsible officer must give reasons.
6
A practitioner who does not have a responsible officer and has been given notice of a submission date may arrange for a suitable person to produce to the Registrar, on or before that date, a statement prepared by the suitable person as to whether that person —
a
recommends that the practitioner is fit to practise;
b
cannot recommend that the practitioner is fit to practise; or
c
requires more time in which to make a recommendation,
and in each case the suitable person must give reasons.
7
In paragraph (6), a “suitable person” means a registered medical practitioner approved by the Registrar as suitable to prepare a statement in respect of the practitioner in question under that paragraph who —
a
has been appointed or nominated by a designated body under Part 2 of the Medical Profession (Responsible Officers) Regulations 2010 or Part 2 of the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010 and does not have a prescribed connection with the practitioner under those Regulations; or
b
holds a post within a body, whether or not it is a designated body under those Regulations, which includes responsibilities which the Registrar is satisfied are similar in nature to those of a responsible officer.
8
Where the Registrar has given notice of a submission date to a practitioner who does not have a responsible officer and in respect of whom no suitable person has been approved to prepare a statement under paragraph (6), if it appears to the Registrar to be reasonable to do so the Registrar may by notice to the practitioner request that the practitioner undergo, at the practitioner’s own cost, an assessment —
a
designed to evaluate the practitioner’s fitness to practise;
b
which is —
i
conducted by the General Council, or
ii
accepted by the Registrar as suitable for the purpose.
9
The Registrar may by notice to a practitioner, require the practitioner to supply to the Registrar within 28 days of the date the notice is given to the practitioner —
a
specified information about the practitioner’s prospective, current or past employment as a medical practitioner which, in the Registrar’s opinion will assist in determining when and how to revalidate the practitioner;
b
confirmation as to whether the practitioner has a responsible officer and, if the practitioner does have a responsible officer, the name and contact details of —
i
the designated body with which the practitioner has a prescribed connection in accordance with the Medical Profession (Responsible Officers) Regulations 2010 or the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010, and
ii
the practitioner’s responsible officer.
10
The Registrar may, after considering any evidence or information provided for the purposes of the revalidation of a practitioner, give a notice to the practitioner requesting the practitioner to provide, within 28 days of the date the notice is given to the practitioner, further evidence or information where, in the opinion of the Registrar, it is reasonable to do so for the purposes of the revalidation of the practitioner.
11
The evidence or information specified in paragraph (10) may include evidence demonstrating that the practitioner has participated in a scheme of appraisal which satisfies the requirements of guidance published by the General Council under section 29G (guidance).
12
Subsections (5) to (8) of section 29E (evidence) apply to the provision of evidence or information under paragraph (10) as they apply to the supply of information or the production of documents under subsections (3) and (4) of section 29E.
13
Where a practitioner is unable to comply fully with a notice under paragraphs (9) or (10), the practitioner must, within the time specified in the paragraph in question, provide written representations as to why the practitioner is unable to provide the evidence or information required or requested.
14
The Registrar may require a practitioner to pay a fee representing the cost to the General Council of evaluating any information submitted in accordance with paragraph (4) or (10).
15
At any time after notice of a submission date has been given to a practitioner, if it appears to the Registrar to be reasonable to do so in the circumstances the Registrar may —
a
if the submission date has not already passed, cancel the submission date; or
b
if the submission date has passed, defer taking any further steps in relation to the revalidation of the practitioner until such time as the Registrar considers to be reasonable.
16
The Registrar must confirm the cancellation of a submission date or the deferral of further steps by the Registrar in relation to the revalidation of a practitioner under paragraph (15) by notice to the practitioner, giving reasons.
17
At any time after the cancellation of a submission date or the deferral of further steps by the Registrar in relation to the revalidation of a practitioner under paragraph (15), the Registrar may —
a
give notice of a new submission date to the practitioner under paragraph (1); and
b
give a notice under paragraph (10) whether or not the Registrar has considered any evidence or information provided for the purposes of the revalidation of the practitioner.
18
Save where the practitioner’s licence is withdrawn under section 41C (effect of directions or orders on a licence to practise) or regulation 4, following the revalidation of a licensed practitioner the Registrar must confirm by notice to the practitioner that the practitioner may continue to hold a licence to practice.
19
Where it comes to the attention of the Registrar that the wrong decision has been reached due to an administrative error in handling the revalidation of the practitioner, the Registrar may correct the error and give the practitioner notice of the corrected decision.
Referral to a Registration Panel
7
1
The Registrar may at any time refer any question or matter arising during —
a
the course of consideration of —
i
an application for a licence or restoration of a licence, or
ii
whether to withdraw a licence; or
b
the revalidation of a practitioner,
to a Registration Panel for such panel’s advice.
2
The Registrar must take any such advice into account.
Restoration for the purposes of section 41(7)
8
Where a Fitness to Practise Panel decides to direct that a person’s name be restored to the register under subsection (1) of section 41 (restoration of names to the register) , it must direct the Registrar to restore the person’s licence if that licence was withdrawn under section 41C(1)(a) (effect of directions or orders on a licence to practise) at the time the person’s name was erased from the register.
Revocation
9
The General Medical Council (Licence to Practise) Regulations 2009 are revoked .
Given under the official seal of the General Medical Council this 27th day of September 2012.
Peter Rubin
Chair
Niall Dickson
Chief Executive and Registrar |
The Child Support (Miscellaneous Amendments) Regulations 2012
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 17(3) and (5), 29(2) and (3), 51(1) and (2)(i), 52(4) and 54 of, and paragraphs 10(1) and (2) of Schedule 1 to, the Child Support Act 1991 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2012 and shall come into force on 30th April 2012.
2
In these Regulations —
“the Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Assessment and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ; and
“the Management of Payments and Arrears Regulations ” means the Child Support (Management of Payments and Arrears) Regulations 2009 .
Amendment of Regulation 5 of the Collection and Enforcement Regulations
2
For regulation 5(1) of the Collection and Enforcement Regulations (transmission of payments) substitute —
1
Payments of child support maintenance made through the Secretary of State or other specified person shall be transmitted to the person entitled to receive them–
a
by transfer of credit to an account nominated by the person entitled to receive the payments; or
b
by means other than by transfer of credit as determined by the Secretary of State, where it appears to the Secretary of State to be necessary to do so in the circumstances of the particular case.
.
Amendments of Regulation 3 of the Management of Payments and Arrears Regulations
3
In regulation 3(3) of the Management of Payments and Arrears Regulations (arrears notices), for sub-paragraph (a) substitute —
a
include the amount of all outstanding arrears of child support maintenance due and not paid;
.
Amendment of the Maintenance Assessment Procedure Regulations
4
In regulation 23 of the Maintenance Assessment Procedure Regulations (date from which a decision is superseded), for paragraph (19) substitute —
19
Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is–
a
a qualifying child dies or ceases to be a qualifying child;
b
a relevant child dies or ceases to be a relevant child; or
c
a child who is a member of the family of the absent parent for the purposes of regulation 11(1)(g) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992, dies or ceases to be a member of the family of the absent parent for those purposes,
the decision shall take effect as from the first day of the maintenance period in which the change occurred.
.
Amendment of the Maintenance Assessments and Special Cases Regulations
5
In Schedule 1 to the Maintenance Assessments and Special Cases Regulations (calculation of N and M – earnings), after paragraph 5A, insert —
CHAPTER 3 Estimate of earnings where insufficient information available
5B
1
Where the Commission is calculating earnings of an employed earner or a self-employed earner under Part 1 of Schedule 1 and the information available in relation to those earnings is insufficient or unreliable, the Commission may estimate those earnings and, in doing so, may make any assumptions as to any fact.
2
Where the Commission is satisfied that the person is engaged in a particular occupation, whether as an employee or a self-employed person, the assumptions referred to in sub-paragraph (1) may include an assumption that the person has the average weekly earnings of a person engaged in that occupation in the United Kingdom or in any part of the United Kingdom.
.
Amendment of the Maintenance Calculations and Special Cases Regulations
6
1
The Maintenance Calculations and Special Cases Regulations are amended as follows.
2
In regulation 1(2) (interpretation), in the definition of “employed earner”–
a
in sub-paragraph (a) omit “and”; and
b
at the end of sub-paragraph (b) add —
and
a person gainfully employed outside the United Kingdom if the person’s income from that employment is chargeable to tax under the Income Tax (Earnings and Pensions) Act 2003 or would be were it not for any double taxation arrangements under Part 2 of the Taxation (International and Other Provisions) Act 2010.
.
3
In regulation 1(2), for the definition of “self-employed earner” substitute —
“self-employed earner” has the same meaning as in section 2(1)(b) of the Contributions and Benefits Act except that it includes a person gainfully employed otherwise than in employed earner’s employment (whether or not he is also employed in such employment)–
in Northern Ireland; or
outside the United Kingdom if the person’s income from that gainful employment is chargeable to tax under the Income Tax (Trading and Other Income) Act 2005 or would be were it not for any double taxation arrangements made under Part 2 of the Taxation (International and Other Provisions) Act 2010.
.
4
In the Schedule (net weekly income), in paragraph 5(2), after “For the purposes of sub-paragraph (1)(a),” insert “except for cases falling within sub-paragraph (3),”.
5
In the Schedule, after paragraph 5(2), insert the following sub-paragraphs —
3
For the purposes of sub-paragraph (1)(a), where an employed earner is gainfully employed outside the United Kingdom, amounts deducted by way of income tax shall be–
a
the amounts actually deducted in respect of income tax applicable to the income in question, whether that is paid in full in Great Britain or outside Great Britain, or partly paid both in Great Britain and outside Great Britain; or
b
where insufficient or unreliable evidence or information is provided by the non-resident parent as to the actual amounts deducted, the amounts that would have been deducted had that employed earner been gainfully employed in Great Britain.
4
For the purposes of sub-paragraph (1)(b), where an employed earner is gainfully employed outside the United Kingdom, amounts deducted by way of primary Class 1 contributions shall be the amounts actually deducted under the Contributions and Benefits Act or under the Contributions and Benefits (Northern Ireland) Act and amounts actually deducted outside the United Kingdom for payments of a similar nature.
.
6
In the Schedule, after paragraph 6, insert —
Estimate of net weekly income of employed earner where insufficient information available
6A
1
Where the Commission is calculating net weekly income of an employed earner under Part II of the Schedule and the information available in relation to that income is insufficient or unreliable, the Commission may estimate that income and, in doing so, may make any assumptions as to any fact.
2
Where the Commission is satisfied that the non-resident parent is engaged in a particular occupation as an employee, the assumptions referred to in sub-paragraph (1) may include an assumption that the non-resident parent has the average net weekly income of a person engaged in that occupation in the United Kingdom or any part of the United Kingdom.
.
7
In the Schedule, after paragraph 9, insert —
Estimate of net weekly income of self-employed earner where insufficient information available
9A
1
Where the Commission is calculating net weekly income of a self-employed earner under Part III of the Schedule and the information available in relation to that income is insufficient or unreliable, the Commission may estimate that income and, in doing so, may make any assumptions as to any fact.
2
Where the Commission is satisfied that the non-resident parent is engaged in a particular occupation as a self-employed earner, the assumptions referred to in sub-paragraph (1) may include an assumption that the non-resident parent has the average net weekly income of a person engaged in that occupation in the United Kingdom or any part of the United Kingdom.
.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2012 |
The Designation of Features (Appeals) (England) Regulations 2012
Citation, commencement and application
1
These Regulations —
a
may be cited as the Designation of Features (Appeals) (England) Regulations 2012;
b
come into force on the day after the date on which they are made; and
c
apply in relation to designations of structures or features in England.
Interpretation
2
In these Regulations —
“consent decision” means a decision in connection with consent on an application under paragraph 6 of Schedule 1;
“enforcement notice” means an enforcement notice given under paragraph 11 of Schedule 1; and
“Schedule 1” means Schedule 1 to the Flood and Water Management Act 2010.
Right to appeal a designation
3
1
An owner who is given a notice under paragraph 8(1) of Schedule 1 may appeal on any ground to the First-tier Tribunal against the designation.
2
On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm or cancel the designation.
Right to appeal a decision on an application for consent to alter, remove or replace
4
1
An owner who is given notice of a consent decision may appeal on any ground to the First-tier Tribunal against the decision.
2
For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a consent decision which it has made is taken to have given the owner notice on that day refusing to give consent.
3
On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the consent decision or substitute it.
4
In this regulation, “notice period” means the period of 2 months beginning with the day following that on which a responsible authority receives an application for consent under paragraph 6 of Schedule 1.
Right to appeal a refusal to cancel a designation
5
1
An owner who is given notice of refusal of an application may appeal on any ground to the First-tier Tribunal against the refusal to cancel the designation.
2
For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a decision which it has made on an application is taken to have given the owner notice on that day refusing the application.
3
On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the refusal or cancel the designation.
4
In this regulation —
“application” means an application under paragraph 9 of Schedule 1; and
“notice period” means the period of 2 months beginning with the day following that on which a responsible authority receives an application.
Right to appeal an enforcement notice
6
1
A person who is given an enforcement notice may appeal on any ground to the First-tier Tribunal against the notice.
2
On deciding an appeal under paragraph (1), the First-tier Tribunal must —
a
confirm the enforcement notice; or
b
determine that the notice is to cease to have effect.
Review
7
1
The Secretary of State must from time to time —
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
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.
3
The first report under this regulation must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.
4
Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd July 2012 |
The Education (Penalty Notices) (England) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 444B(1), (2) and (4) and 569 of the Education Act 1996 and sections 106(1), (2) and (4) and 181 of the Education and Inspections Act 2006 .
Citation, commencement and application
1
1
These Regulations may be cited as The Education (Penalty Notices) (England) (Amendment) Regulations 2012 and come into force on 1st September 2012.
2
These Regulations apply only in relation to England.
Amount of penalty
2
1
Regulation 4 (amount of penalty) of the Education (Penalty Notices) (England) Regulations 2007 is amended as follows.
2
In paragraph (a), for “£50” substitute “£60”.
3
In paragraph (b), for “£100” substitute “£120”.
Transitional provision
3
1
The amendments made by regulation 2 have no effect in relation to a penalty notice given in respect of an offence to which paragraph (2) applies.
2
This paragraph applies to an offence alleged to have been partly or wholly committed before 1st September 2012.
3
In this regulation, “offence” refers to an offence under section 444(1) of the Education Act 1996 or section 103(3) of the Education and Inspections Act 2006.
Nick Gibb
Minister of State
Department for Education
2nd April 2012 |
The Education Act 2011 (Commencement No. 2 and Transitional and Savings Provisions) Order 2012
The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 82(3) and (7) of the Education Act 2011 .
Citation and interpretation
1
1
This Order may be cited as the Education Act 2011 (Commencement No. 2 and Transitional and Savings Provisions) Order 2012.
2
In this Order —
“ EIA 2006 ” means the Education and Inspections Act 2006 ;
“ EA 2011 ” means the Education Act 2011.
Provisions coming into force on 15th January 2012
2
The following provisions of EA 2011 come into force on 15th January 2012:
section 5;
section 51;
paragraph 15 of Schedule 8 and section 26(1) and paragraph 11 of that Schedule in so far as they relate to that paragraph;
paragraph 26 of Schedule 8 in so far as it repeals paragraph 37 of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009 and section 26(1) and paragraph 22 of Schedule 8 in so far as they relate to paragraph 26.
Provisions coming into force on 1st February 2012
3
The following provisions of EA 2011 come into force on 1st February 2012:
sections 18 to 20;
section 22;
section 28(5);
section 29(1), (2) and (8) for the purposes only of making regulations under section 46 of the Education Act 1997 ;
section 32;
section 34 and Schedule 10;
sections 35 and 36;
in Schedule 11, paragraphs 3 to 11, and paragraph 2 so far as it relates to a new school that is not a pupil referral unit or a maintained nursery school, and section 37 and paragraph 1 to the extent that they relate to those paragraphs;
section 40(4);
section 42(8);
section 43;
section 46;
section 52;
section 53 for the purposes only of applying for and making Academy orders in respect of alternative provision Academies under sections 3 and 4 of the Academies Act 2010 ;
sections 55 and 56;
sections 59 and 60;
section 62;
section 63 and Schedule 14;
section 64;
section 65 and Schedule 15;
section 74.
Transitional and savings provisions
4
Despite the coming into force of section 37 of, and Schedule 11 to, EA 2011 that section and Schedule shall not have effect in relation to a case where —
a
a notice has been published by a local authority in England under section 7(1) of EIA 2006 (invitation for proposals for establishment of new schools) before 1st February 2012;
b
proposals have been published by a local authority in England or by any persons under section 10(1) or (2) of EIA 2006 (publication of proposals with consent of Secretary of State) before 1st February 2012; or
c
proposals have been published by a local authority in England or by any persons under section 11(1) or (2) of EIA 2006 (publication of proposals to establish maintained schools (special cases)) before 1st February 2012.
5
Until section 53 of EA 2011 is fully in force, Schedule 14 to that Act has effect as if the words “or 16 to 19 Academy” and “or a 16 to 19 Academy” were omitted in every place they occur.
Nick Gibb
Minister of State
Department for Education
12th January 2012 |
The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012 and, subject to paragraph (2), comes into force on 10th September 2012.
2
Articles 4 to 9 of this Order come into force on 10th September 2012 immediately after the commencement of section 66 of the Protection of Freedoms Act 2012 .
3
In this Order “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
4
This Order extends to England and Wales.
Relevant disqualifications
2
For the purposes of sections 43(7) and 48(6) of the Act, each of the following is a list corresponding to the children’s barred list —
a
the list maintained under section 1(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 ;
b
the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 .
3
For the purposes of sections 43(7) and 49(6) of the Act, each of the following is a list corresponding to the adults’ barred list —
a
the list maintained under section 1(1)(b) of the Protection of Vulnerable Groups (Scotland) Act 2007;
b
the list maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
Exceptions from regulated activity relating to vulnerable adults
4
The provision to an adult of health care (as defined in paragraph 7(2) of Schedule 4 to the Act ) by a person who is not, but who acts under the direction or supervision of, a health care professional (as defined in paragraph 7(3) of Schedule 4 to the Act ) is not to be treated as a regulated activity relating to vulnerable adults where that health care —
a
is provided under regulations under Part 6 of the National Health Service Act 2006 or Part 6 of the National Health Service (Wales) Act 2006 in practice premises or as mobile services; or
b
is provided in a registered pharmacy (within the meaning of Part IV of the Medicines Act 1968 ).
5
For the purposes of article 4 —
a
“practice premises” means practice premises within the meaning of the General Ophthalmic Services Contracts Regulations 2008 or, in relation to services provided in Wales, means the address which is included in relation to the contractor in the ophthalmic list in accordance with paragraph 3 of Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986 as the address at which services are provided;
b
“mobile services” means mobile services within the meaning of the General Ophthalmic Services Contracts Regulations 2008 or the National Health Service (General Ophthalmic Services) Regulations 1986.
6
The provision to an adult of physical assistance in connection with the care of hair (within the meaning of paragraph 7(3B)(a)(vi) of Schedule 4 to the Act ) is not to be treated as a regulated activity relating to vulnerable adults where that assistance relates solely to the cutting of the adult’s hair.
Schedule 7 amendments
7
Schedule 7 to the 2006 Act is amended as follows.
8
At the end of the table in paragraph 1 insert the following entry —
Table 1
Column 1 Column 2
19. The Independent Safeguarding Authority in relation to members and employees and prospective members and employees of the Independent Safeguarding Authority Children and vulnerable adults
9
In paragraph 3 in sub-paragraph (2) for “1, 2, 5, 6, 9 and 13” substitute “1, 5 and 9”.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
14th August 2012 |
The Individual Ascertainment of Value (England) Order 2012
The powers conferred by sections 1, 32(3) and 34(7) of the Animal Health Act 1981 are vested in the Secretary of State who, in exercise of those powers and with the approval of the Treasury for the purpose of section 32(3), makes the following Order.
Title, application, commencement and expiry
1
This Order —
a
may be cited as the Individual Ascertainment of Value (England) Order 2012;
b
comes into force on 1st July 2012; and
c
ceases to have effect on 1st July 2019.
Interpretation
2
In this Order “the principal Order ” means the Cattle Compensation (England) Order 2012 and words and expressions defined in the principal Order have the same meaning.
Individual ascertainment of value
3
1
Where —
a
there are either no sale price data, or inadequate sale price data in accordance with paragraph 3(1) of the Schedule to the principal Order, and the Secretary of State decides to pay compensation at the level of the market value as permitted under paragraph 3(2)(b) of that Schedule, or
b
the animal in question is a bison or a buffalo,
the market value is to be ascertained by means of a valuation carried out in accordance with this article.
2
A valuation shall be carried out —
a
by a single valuer appointed jointly by the Secretary of State and the keeper of the animal; or
b
failing such joint appointment, by a single valuer appointed by the Secretary of State.
3
The appointed valuer shall issue a certificate in writing of the market value of the animal to the Secretary of State and the keeper of the animal.
4
Where paragraph 4 (compensation payable following delays in testing for tuberculosis) of the Schedule to the principal Order applies, then following receipt of the valuer’s certificate the Secretary of State must, subject to paragraph 5 of that Schedule, reduce the compensation payable to the keeper of the animal in accordance with that paragraph 4.
Review of the Order
4
1
Before 1st July 2017 the Secretary of State must —
a
carry out a review of this Order;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
The report must, in particular —
a
set out the objectives intended to be achieved by this Order;
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.
Revocation
5
The Individual Ascertainment of Value (England) Order 2005 is revoked.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
14th May 2012
We consent
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 2012 |
The Public Bodies (Abolition of Regional and Local Fisheries Advisory Committees) Order 2012
Citation and commencement
1
1
This Order may be cited as the Public Bodies (Abolition of Regional and Local Fisheries Advisory Committees) Order 2012.
2
Article 2 comes into force on the day after the day on which this Order is made.
3
Article 3 comes into force on the day after article 2 comes into force.
Abolition of regional and local fisheries advisory committees
2
1
The regional and local fisheries advisory committees established under section 13 of the Environment Act 1995 are abolished, except the regional fisheries advisory committee established pursuant to subsection (5) (Wales) of that section and any local fisheries advisory committee established for any part of that committee’s region.
2
The duties of the Environment Agency under subsection (1) of that section cease to have effect, except in relation to the regional fisheries advisory committee established pursuant to subsection (5) of that section and any local fisheries advisory committee established for any part of that committee’s region.
Repeal in relation to the Public Bodies Act 2011
3
In Schedule 1 to the Public Bodies Act 2011, the entry relating to regional and local fisheries advisory committees is repealed.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th September 2012 |
The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012
In accordance with section 210(3) 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
This Order may be cited as the Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 and comes into force on 1st September 2012.
Amendment of section 85 of the Education Act 2002
2
In section 85 of the Education Act 2002 (curriculum requirements for fourth key stage) —
a
omit subsection (5)(a);
b
in subsection (9) omit “work-related learning or”; and
c
in subsection (10) omit the definition of “work-related learning”.
Nick Gibb
Minister of State
Department for Education
6th August 2012 |
The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2012
The Secretary of State is satisfied that the fireplaces exempted by this Order can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
Citation, application and commencement
1
This Order —
a
may be cited as the Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2012;
b
applies in England; and
c
comes into force on 1st October 2012.
Fireplaces exempted from the provisions of section 20 of the Clean Air Act 1993
2
The fireplaces listed in the Schedule are exempt from the provisions of section 20 of the Clean Air Act 1993 (prohibition on emission of smoke in smoke control area), subject to the conditions listed in the Schedule.
Revocation
3
The Smoke Control Areas (Exempted Fireplaces) (England) Order 2012 is revoked.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th September 2012
SCHEDULE
Exempted Fireplaces
Article 2
Fireplace Conditions
(1)
The fuel must not contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coatings.
The fireplace must be installed maintained and operated in accordance with the following specifications: Permitted fuels (other than authorised fuels): 18i and 60i stoves manufactured by Jetmaster Fires Limited, Unit 2 Peacock Trading Estate, Goodwood Road, Eastleigh, Hampshire, SO50 4NT Installation and use instruction manual reference: “Part No 106870 Issue No. 1” dated February 2010 and supplementary instruction manual reference: “Part No 106872 Issue No. 1” dated May 2010. The appliance must be fitted with a mechanical stop to prevent closure of the air control beyond the 40% open position. Wood logs Aarrow Signature 5 SC, Aarrow Ecoburn 5 SC, Hamlet Solution 5 SC and Villager Espirit 5 SC Stoves manufactured by Arada Limited, The Fire Works, Millwey Industrial Estate, Axminster, Devon, EX13 5HU Instruction manual references “Rev 02” dated April 2010.
The appliance must be fitted with a mechanical stop to prevent closure of the air control beyond 20mm from the closed position and 50 mm beyond the fully open position.
Wood logs Acquisitions Bloomsbury 5 kW stove manufactured by Esse Engineering Limited, Ouzedale Foundry, Long Ing, Barnoldswick, BB18 6BN Instruction manual reference “01/12 ( PP )” dated January 2012. The fitting of a system to prevent closure of the air controls beyond the 50% open position must be implemented. Wood logs Acquisitions Cannonbury 4 and 5 manufactured by Esse Engineering Ltd, The Ouzledale Foundry, Long Ing, Barnoldswick, Colne, Lancashire BB8 6BN Installation and Operating Instruction manual reference “v71 of 09/11/2010” Dated 09/11/2010. Wood logs Aduro 3D, 8D, 10D, 11D and Asgård 1D, 2D and 7D wood burning stoves manufactured by Aduro A/S, Silkeborgvej 765 8220, Brabrand, Denmark Instruction manual references “Pevex1001/AH/ver1” and dated June 2011. The appliance must be fitted with permanent stops to ensure that the primary and secondary air controls do not close beyond 95% and 50% respectively Dry wood logs Aduro 9D wood burning stove manufactured by Aduro A/S, Silkeborgvej 765 8220, Brabrand, Denmark Instruction manual references “Pevex1002/AH/ver1” and dated June 2011. The appliance must be fitted with permanent stops to ensure that the primary and secondary air controls do not close beyond 95% and 50% respectively Dry wood logs Alberg 7 manufactured by Elite Group Trading Limited, Room 1208 Kak Tak Commercial Building 317-319 Des Voeux Road, Central Hong Kong 999077 Instruction manual references “EGTL03A Version 1.4” dated 21st December 2011 Wood Logs Alpha I model number AL905-SE Wood Burning Stove manufactured by Hi-Flame Fireplace UK Limited, Unit 5A Holmes Chapel Business Park, Manor Lane, Holmes Chapel. Cheshire. CW4 8AF Instruction manual reference “HF277-SE/UK-NI-ROI/V2D.18-07-12” dated July 2012. Fitted with a mechanical stop to prevent closure of the main air control beyond the 50% open position Wood Logs Alpha II model number AL907-SE Wood Burning Stove manufactured by Hi-Flame Fireplace UK Limited, Unit 5A Holmes Chapel Business Park, Manor Lane, Holmes Chapel, Cheshire. CW4 8AF Instruction manual reference “AL907-SE/UK-NI-ROI/V3-D.14-07-12” dated July 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 20% open position, and a 70mm opening of the door rope seal to allow a constant flow of air when sold into smoke control areas. Wood Logs Angus Orligno 200 40kW, 60kW and 80kW gasification boilers manufactured by Eko-Vimar Orlanski Spółka z ograniczoną odpowiedzialnością, ul. Nyska 17 b 48-385 Otmuchów, Poland Instruction manual reference “ EV-20111002” dated October 2011 Wood logs Angus Super 18, 25, 40, 60 and 80kW gasification boilers manufactured by Eko-Vimar Orlanski Spółka z ograniczoną odpowiedzialnością, ul. Nyska 17 b, 48-385 Otmuchów, Poland Instruction manual reference “EV-20111001” dated October 2011. Wood logs Apollo 8 Inset stove manufactured by Chesneys Limited, 194-200 Battersea Park Road, London, SW11 4ND Instruction manual reference “CH8K Apollo – V2” dated 31st October 2011, The fitting of a system that prevents closure of the air controls further than 40mm from open must be implemented. Wood logs Arimax Bio 300 Kw
Arimax Bio 400Kw
Arimax Bio 500Kw
Boilers Manufactured by Artierm Oy PO Box 59 Fin – 43101 Saarijarvi, Finland
Instruction manual reference “INSTALLATION AND OPERATION MANUAL Arimax Bio 120-3000 kW” dated 30/03/2010 6-8mm Wood Pellets with a Moisture content less than 10% Ashwell Green-Tec 150 boiler manufactured by Ashwell Biomass Limited, Unit 12, 35 Pinfold Road, Thurmaston, Leicester, LE4 8AT Instruction manual reference “ASH-gt150/101 Version 1.2” dated June 2009 Wood pellets Ashwell Green-Tec 195 boiler, manufactured by Ashwell Biomass Limited, Unit 12, 35 Pinfold Road, Thurmaston, Leicester, LE4 8AT Instruction manual reference “ASH-gt195/102 Version 1.2” dated June 2009 Wood pellets Ashwell Green-Tec 300 boiler manufactured by Ashwell Biomass Limited, Unit 12, 35 Pinfold Road, Thurmaston, Leicester, LE4 8AT Instruction manual reference “ASH-gt300/103 Version 1.2” dated June 2009 Wood pellets Barbas ECO 52 Stove manufactured by Interfocos, Hallenstraat 17, 5531 AB Bladel, The Netherlands. Instruction manual references ’02 -327332’ dated March 2010 Wood logs Barbas Unilux 3 -52 Stove manufactured by Interfocos, Hallenstraat 17, 5531 AB Bladel, The Netherlands. Instruction manual references ’03 -326587’ dated March 2010 Wood logs Barbas Unilux 3 -40, 5 kW wood burning insert and Barbas ECO 40, 5 kW wood burning roomheater manufactured by Interfocos BV, Hallenstraat 17, NL-5531, AB, BLADEL, Netherlands The Unilux-3 40 Instruction Manual, document Version 01-326587 dated August 2009.
The ECO 40 Instruction Manual, document Version 01-327332 dated October 2009.
Wood logs Baxi Bioflo manufactured by Windhager Zentralheizung GmbH , Anton-Windhager-Str. 20, A-5201 Seekirchen bei, Salzburg, Austria. Operating instruction manual references “720574401” dated 2010 and installation and servicing instruction manual “720574501” dated 2010 Wood pellets Be Modern Monroe 5, Monroe 5, Be Modern Monterrey 5, Monterrey 5 and York Midi Multi Fuel Stoves manufactured by Broseley Fires Ltd, Knights Way Battlefield Enterprise Park, Shrewsbury, Shropshire SY1 3AB Instruction manual references ‘OCT 10/GB’ dated 6th October 2010. The appliance must be fitted with a system that prevents the closure of the secondary air flaps to less than 8mm open position. Wood logs Be Modern Monterrey 7, Monterrey 7, Be Modern Monroe 7 and Monroe 7 Multi Fuel Stoves manufactured by Broseley Fires Ltd, Knights Way Battlefield Enterprise Park, Shrewsbury, Shropshire SY1 3AB Instruction manual references ‘OCT 10/GB’ dated 6th October 2010. The appliance must be fitted with a system that prevents the closure of the secondary air flaps to less than 10mm open position. Wood logs The Binder Wood Fired Boiler models RRK 22-49 (49 kW output) manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria The manufacturer’s and Wood Energy Limited’s instructions ‘Binder Equipment Installation, Commissioning and Maintenance’ dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0 Wood pellets or wood chips The Binder Wood Fired Boiler models RRK 80-175 (75-149 kW output) with cyclone models ZA 80-175 manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria The manufacturer’s and Wood Energy Limited’s instructions ‘Binder Equipment Installation, Commissioning and Maintenance’ dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0 Wood pellets or wood chips The Binder Wood Fired Boiler model RRK 130-250 (185-230 kW output), RRK 200-350 (250-300 kW output), RRK 400-600 (350-500 kW output) and RRK 640-850 (650-840 kW output) with cyclone model type ZA manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria The manufacturer’s and Wood Energy Limited’s instructions ‘Binder Equipment Installation, Commissioning and Maintenance’ dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0 Wood pellets or wood chips The Binder Wood Fired Boiler model RRK 1000 (1200 kW output) with multi-cyclone model MZA manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria The manufacturer’s and Wood Energy Limited’s instructions ‘Binder Equipment Installation, Commissioning and Maintenance’ dated 17th May 2005, reference WELBinderManualrev0.doc, revision 0 Wood pellets or wood chips The Binder Wood Fired Boiler model RRK 1200- 1650 with Binder model MZA multicyclone and automatic ignition manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria Wood Energy Limited’s operating instructions for Binder appliances referenced: 2009 July Binder O&M revision8.doc Operation and Maintenance Manual, Revision 8, dated 15th July 2009 Wood pellets or wood chips The Binder Wood Fired Boiler model RRK 1800- 2300 Binder model MZA multicyclone and automatic ignition manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria Wood Energy Limited’s operating instructions for Binder appliances referenced: 2009 July Binder O&M revision8.doc Operation and Maintenance Manual, Revision 8, dated 15th July 2009 Wood pellets or wood chips The Binder Wood Fired Boiler model RRK 2500- 3000 with Binder model MZA multicyclone and automatic ignition manufactured by Binder Gesellschaft mit beschränkter Haftung (GmbH) of Austria Wood Energy Limited’s operating instructions for Binder appliances referenced: 2009 July Binder O&M revision8.doc Operation and Maintenance Manual, Revision 8, dated 15th July 2009 Wood pellets or wood chips Biomatic +20 boiler manufactured by Ariterm Sweden AB, Flottiljvägen 15, 392 41 Kalmar, Sweden Instruction manual reference “ARITERM-VTT-S-07229-11.1” dated 21/05/2012 Wood pellets Biomatic +20 light boiler and Biomatic +20 ultra light boiler manufactured by Ariterm Sweden AB,Flottiljvägen 15, 392 41 Kalmar, Sweden Instruction manual reference “ARITERM-VTT-S-07229-11.2” dated 21/05/2012 Wood pellets Biomatic +40 boiler manufactured by Ariterm Sweden AB, Flottiljvägen 15, 392 41 Kalmar, Sweden Instruction manual reference “ARITERM-VTT-S-06765-11.1” dated 21/05/2012 Wood pellets Biomatic +40 light boiler and Biomatic +40 ultra light boiler manufactured by Ariterm Sweden AB, Flottiljvägen 15, 392 41 Kalmar, Sweden Instruction manual reference “ARITERM-VTT-S-06765-11.2” dated 21/05/2012 Wood pellets Biomatic 220 and 250 fitted with Zyklovent 220–250 cyclone separator manufactured by HERZ Armaturen Ges.m.b.H, Geschäftsbereich HERZ, Feuerungstechnik, A–8272 Sebersdorf 138, Austria The manufacturer’s instructions dated April 2005, reference Bedienungsanleitung Englisch v2.0 doc Chipped wood, wood pellets or planed wood shavings Biomatic 300, 350, 400 and 500 fitted with Zyklovent 300-500 cyclone separator manufactured by HERZ Armaturen Ges.m.b.H, Geschäftsbereich HERZ, Feuerungstechnik, A-8272 Sebersdorf 138, Austria The manufacturer’s instructions dated April 2005, reference Bedienungsanleitung Englisch v2.0 doc Chipped wood, wood pellets or planed wood shavings Boru 4.9 kW Stove manufactured by Righpur Limited, T/A Boru Stoves, the Hive, Ballydine, Gooldscross, Ireland Instruction manual reference ‘BFF010’ dated 26th January 2011. The air controls must be fixed such that they cannot be closed more than: Primary air slide 2mm, Secondary air slide 2mm, Tertiary air slide 30% Wood logs Burley Brampton 8 kW stove (also known as Navitron Stalham 8kW) manufactured by Burley Appliances, Lands’ End Way, Oakham, Rutland, LE15 6RB Instruction manual reference “BUR/11/10” dated October 2011. Wood logs Burley Debdale 4 kW stove (also known as Navitron Bacton 4kW) manufactured by Burley Appliances, Lands’ End Way, Oakham, Rutland, LE15 6RB Instruction manual reference “BUR/11/10” dated October 2011. The radius of the air inlet hole must be 19mm Wood logs Burley Hollywell SE (also known as Navitron Cromer 5kW) manufactured by Burley Appliances Ltd, Lands End Way, Oakham, Rutland LE15 6RB Instruction manual reference ‘BUR/11/05’ dated January 2011. The appliance must be fitted with an air plate that prevents the tertiary air controller from closing more than 17mm and opening more than 45mm Wood logs Bushman Large Commercial Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘LCOINST’ dated January 2011 Wood logs Bushman Large Domestic Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘LDOINST’ dated January 2011 Wood logs Bushman Medium Commercial Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘MCOINST’ dated January 2011 Wood logs Bushman Medium Domestic Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘MDOINST’ dated January 2011 Wood logs Bushman Small Commercial Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘SCOINST’ dated January 2011 Wood logs Bushman Small Domestic Pizza Oven manufactured by Dingley Dell Enterprises Ltd, PO Box 3534, Kidderminster, Worcestershire, DY14 9ZE Instruction manual references ‘SDOINST’ dated January 2011 Wood logs Carillon 16:9 Crystal manufactured by La Nordica Spa, Via Summano 104 M.Precalcino, 36030 Vicenza, Italy Instruction manual references ‘7196755-Rev 09’ dated 22nd December 2010. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 40% open position. Wood logs Carillon 4:3 manufactured by La Nordica Spa, Via Summano 104 M.Precalcino, 36030 Vicenza, Italy Instruction manual references ‘7196755-Rev 09’ dated 22nd December 2010. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 40% open position. Wood logs Carron Dante SE manufactured by Jig UK Limited Hurlingham Business Park, Fulbeck Heath, Grantham, Lincolnshire NG32 3HL Instruction manual references ‘BHC401-406’ dated 12th January 2011. The appliance must be fitted with a system preventing the closure of the secondary air control openings beyond 14mm. Wood logs Carron Stove SE manufactured by Jig UK Limited Hurlingham Business Park, Fulbeck Heath, Grantham, Lincolnshire NG32 3HL Instruction manual references ‘BHC501-506’ dated 12th January 2011. The appliance must be fitted with a system preventing the closure of the secondary air control openings beyond 3mm. Wood logs Carron Stove manufactured by Jig UK Limited Hurlingham Business Park, Fulbeck Heath, Grantham, Lincolnshire NG32 3HL Instruction manual references “91- 62351” dated July 2009 Dry and split wood logs of a maximum length of 23 cm CB800 Skagen manufactured by Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINHCE08 revE” dated 06/12/11 and instruction manual “JINHCE08SCK revB” dated 06/12/11. The appliance must be fitted with smoke control area kit JHCE080. Wood Logs Charnwood C-Four stove manufactured by A.J Wells & Sons Ltd, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual reference “CFOUR V1” dated August 2011. Wood logs Charnwood C-Six stove manufactured by A.J Wells & Sons Ltd, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual reference “ Ref. C-4 C-6 v1” dated March 2012. The fitting of a system that prevents the closure of the air control opening beyond 58mm of the open position must be implemented. Wood logs Charnwood Country 4 wood burning stove manufactured by AJ Wells and Sons, Bishops Way, Newport, Isle of Wight, PO30 5WS Modification instruction manual references ‘TIS.95’ dated January 2011 and instruction manual ‘Country 4 MKII’ dated January 2011.
The appliance must be fitted with the manufacturer’s smoke reduction kit when used within a smoke control area to fix the minimum aperture of the secondary air inlets to a minimum of 21mm open.
Wood logs Charnwood Island 1 manufactured by AJ Wells and Sons, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual references ‘Island I.II.III 12.10 IssueB’ dated December 2010.
The appliance must be fitted with a stop bracket (kit no. 010/AY83/S) to prevent the airwash flaps at the back of the stove from being closed beyond 2mm.
Wood logs Charnwood Island 2 manufactured by AJ Wells and Sons, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual references ‘Island I.II.III 12.10 IssueB’ dated December 2010.
The appliance must be fitted with a stop bracket (kit no. 010/BY83/S) to prevent the airwash flaps at the back of the stove from being closed beyond 2mm.
Wood logs Charnwood Island 3 manufactured by AJ Wells and Sons, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual references ‘Island I.II.III 12.10 IssueB’ dated December 2010.
The appliance must be fitted with a stop bracket (kit no. 010/CY83/S) to prevent the airwash flaps at the back of the stove from being closed beyond 2mm.
Wood logs Charnwood Cove 1SR stove manufactured by A.J Wells and Sons Ltd, Bishops Way, Newport, Isle of Wight, PO30 5WS Installation and Use Instruction manual references “COVE1SR01.10 Issue A”.
An adjustment of the air control such that the minimum closure of the air control is equivalent to that found with the control pushed in 15mm from the fully open position must be made.
Wood logs Charnwood Tor Pico manufactured by AJ Wells and Son Ltd, Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual references ‘Tor and Tor Pico 12.10 Issue B’ dated December 2010 Wood logs Charnwood Tor stove manufactured by A.J Wells and Sons Ltd, Bishops Way, Newport, Isle of Wight, PO30 5WS Installation and Use Instruction manual references “Tor 02.10 Issue A” Wood logs Chesneys 4 Series (4.6 kW) Stoves: Flatford 4, Hampstead 4, Alpine 4 also sold as: Sunbeam 4, Dakota 4, Providence 4. Pacific 4 also sold as: Murano 4, Apollo 4. Chelsea 4 also sold as: Wellington 4, Guernsey 4, Belgravia 4 Manufactured by Chesneys,194-200 Battersea Park Road, London, SW11 4ND Chesneys 4 series Instruction manual references “CH4K-V4” dated 7th December 2009
The appliance must be fitted with a mechanical stop to prevent closure of the air control beyond the 34mm open position
Wood logs Chesneys 6 Series (7 kW) Stoves:
Flatford 6, Barrington 6, Petworth 6, Hampstead 6, Alpine 6 also sold as: Sunbeam 6, Dakota 6, Providence 6 and the Chelsea 6 also sold as: Wellington 6, Guernsey 6, Belgravia 6 Manufactured by Chesneys, 194-200 Battersea Park Road, London, SW11 4ND
Chesneys 6 series Instruction manual references “CH6K-V4” dated 7th December 2009.
The appliance must be fitted with a mechanical stop to prevent closure of the air control beyond the 10mm open position
Wood logs The Classic model 25, 35, 40, 49, and 60 wood pellet boilers manufactured by Hargassner Gesellschaft mit beschränkter Haftung (GmbH), Gunderding 8, A-4952, Weng, Austria The manufacturer’s installation manual for the Classic Pellet Boilers reference No. 22, Pellet Boilers, Type Classic 25, 31, 35, 40, 49, 60, reference BA Classic 25L-60L Nr 21 0508. Wood pellets Clean Air Systems CAS 200, 400 and 600 handfed airheaters manufactured by Inventair Ltd, Lancaster Road, Carnaby Industrial Estate, Bridlington, East Yorkshire, YO15 3QY To be operated in accordance with the Handbook for CAS hand fired airheater range reference 24600H version 1 dated January 2011 Softwood, hardwood, medium density fibreboard ( MDF ) or chipboard offcuts Clean Air Systems CAS 300 Max airheater and cyclone manufactured by Inventair Ltd, Lancaster Road, Carnaby Industrial Estate, Bridlington, East Yorkshire, YO15 3QY To be operated in accordance with the Handbook for CAS 300 Max airheater range reference 300A version 1 dated January 2011 Softwood, hardwood, medium density fibreboard (MDF) or chipboard offcuts Cleanburn CB900 Inset & Cleanburn CB900 Sønderskoven Inset, Wood burning stoves, Manufactured by Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINHCN09 Slider Stop Rev A” dated 17/01/12 and instruction manual “JINHCN09 Rev F” dated 24th January 2012. The appliance must be fitted with a mechanical stop to prevent secondary air control closure beyond the 20% open position when sold into smoke control areas. Wood Logs (1) Cleanburn R4 manufactured by Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINCLR04 Rev E” dated 02/12/11, and instruction manual “JINCLR04SCK revB” dated 5th December 11. The appliance must be fitted with “smoke control area kit JCLR0401”. Wood Logs Clearburn Junior SE stove manufactured by Dean Forge Limited, Dean Prior, Buckfastleigh, Devon. TQ11 0LS Instruction manual reference “JRSE Issue 1” dated March 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond 83mm open position when sold into smoke control areas. Wood Logs The Clearview Pioneer 400, Solution 400 and Pioneer Oven wood burning stoves manufactured by Clearview Stoves of More Works, Bishops Castle, Shropshire, SY9 5HH The manufacturer’s instructions ‘Operating Instructions Clearview Vision/Vision Inset/Pioneer & Solution’ dated 1st July 2006, reference V1/42, stamped and signed “Smoke Control”.
The appliance must be fitted with a tamperproof mechanical stop on the air slide/damper.
Air-dried wood logs Contura 510, Contura 520T, Contura 550, Contura 550A, Contura 550W, Contura 560T, Contura 560K, Contura 570, Contura 580, Contura 585, Contura 590, Contura T, all manufactured by NIBE AB Box 134, 285 23 Markaryd, Sweden Installation Instruction IAV SE/EX 0726-6 611821 Lighting instruction BAV SE/EX 0717-2 611820
A permanent stop must be in place on the air inlet to prevent closure beyond the 20% open position.
Untreated dry wood with a maximum moisture content of 20% Contura 580W manufactured by NIBE AB Box 134, 285 23 Markaryd, Sweden Installation instruction IAV SE/EX 0740-1 511911.
A permanent stop must be in place on the air inlet to prevent closure beyond the 20% open position.
Untreated dry wood with a maximum moisture content of 20% Contura 750 manufactured by Nibe, Box 134, S-285 23 Markaryd. Sweden Instruction manual references “811064 BAV SE-EX C750/780-1”. The appliance must be fitted with a mechanical stop to prevent closure beyond the 28% open position Wood Logs Contura 750A manufactured by Nibe, Box 134, S-285 23 Markaryd, Sweden Instruction manual references “811064 BAV SE-EX C750/780-1”. The appliance must be fitted with a mechanical stop to prevent closure beyond the 28% open position. Wood Logs Contura 780 manufactured by Nibe, Box 134, S-285 23 Markaryd, Sweden Instruction manual references “811064 BAV SE-EX C750/780-1”. The appliance must be fitted with a mechanical stop to prevent closure beyond the 28% open position. Wood Logs Contura 810, 820 T, 850, 860 T, and 880 manufactured by Nibe Stoves, Box 134, S-285 23 Markaryd, Sweden Instruction manual reference “811118 BAV SE-EX C800-1” dated 28-06-2011 and Supplementary operating instructions “811142 BAV GB-2” dated June 2011. The appliance must be fitted with a mechanical stop to prevent air control closure beyond the 38% open position. Wood Logs Contura i4 Modern and Contura i4 Classic manufactured by Nibe Stoves, Box 134, S-285 23 Markaryd. Sweden Instruction manual references “811136 BAV C i4 GB-1” dated 04-07-2011 and Supplementary operating instructions “811142 BAV GB-2” dated June 2011. The appliance must be fitted with a mechanical stop to prevent closure beyond the 28% open position Dry wood logs Cove 2 SR manufactured by A.J.Wells & Sons Ltd of Bishops Way, Newport, Isle of Wight, PO30 5WS Instruction manual references “Cove2SR 07.09 IssB” dated July 2009
A permanent stop must be in place on air control to prevent closure beyond 14mm from the fully closed position.
Dry and split wood logs of a maximum length of 23 cm Crator JS5500 multi-fuel stove manufactured by James Smellie Limited, Unit N, Leona Industrial Estate, Nimmings Road, Halesowen, West Midlands. B62 9JQ Instruction manual reference “Crator multi-fuel stove instruction manual Issue 1” dated June 2012 Wood Logs CTC Ecoflex 15 and 20 manufactured by Enertech AB, Box 313, S-341 26 Ljungby, Sweden The manufacturer’s instructions dated 20th February 2007, reference 161 505 27 06/1 Wood pellets D’Alessandro GSA 130 airheater manufactured by D’Alessandro Termomeccanica, Contrada Cerreto, 55, 66010 Miglianico, Chieti, Italy Instruction manual reference “2.0-1-QGSA130XEN0612” dated 26/06/2012 Wood chips D’Alessandro Termomeccanica CS and CSA 130, 180, 230 and 300 manufactured by D’Alessandro Termomeccanica, Contrada Cerreto, 55, 66010 Miglianico, Chieti, Italy Instruction manual reference “ Ver. 2.0 - QCSA2000XEN0209 [UK SMOKE CONTROL]” dated 02/2009 Wood pellets D’Alessandro Termomeccanica CS and CSA 400, 500, 650, 800, 950, 1300, 1650 and 2000kW manufactured by D’Alessandro Termomeccanica, Contrada Cerreto, 55, 66010 Miglianico, Chieti, Italy Instruction manual reference “ Ver. 2.0 - QCSA2000XEN0209 [UK SMOKE CONTROL]” dated 02/2009. The optional multi-cyclone must be fitted Wood pellets D’Alessandro Termomeccanica CS and CSA boilers 40, 60, 80 and 100kW manufactured by D’Alessandro Termomeccanica, Contrada Cerreto, 55, 66010 Miglianico, Chieti, Italy Instruction manual reference “ Ver. 2.0 - QCSA100XXIT0209 [UK SMOKE CONTROL]” dated 02/2009 Wood pellets D’Alessandro Termomeccanica CSI 20kW manufactured by D’Alessandro Termomeccanica, Contrada Cerreto, 55, 66010 Miglianico, Chieti, Italy Instruction manual reference “Ver. 2.0 - QCSI100XXIT0209” dated 02/2009 Wood pellets Dartmoor 5 SE stove manufactured by Dean Forge Limited, Dean Prior, Buckfastleigh, Devon. TQ11 0LS Instruction manual reference “DM5 Issue 1” dated March 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 30% open position when sold into smoke control areas. Wood Logs (1) Design 800 Green, Wood Burning `Stove, Manufactured by Bodart & Gonay Limited, Rue De Lambinon, 3 Harze, Belgium, 4920 Instruction manual reference “07DH8000A” dated 11/11. The appliance must be fitted with a “UK kit for smokeless areas Design 800”. Wood Logs Di Lusso R4 manufactured by Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINDLU04 Rev E” dated 2nd December 2011, and instruction manual “JINDLU04SCK revB” dated 5th December 2011. The appliance must be fitted with “smoke control area kit JDLU0401”. Wood Logs Dimplex SE Selborne 5 stove manufactured by ESSE Engineering Ltd, Ouzledale Foundry Long Ing Barnoldswick Lancashire BB18 6BN Instruction manual references “SE Selborne 5 Issue 1” dated 08 2009.
The appliance must be fitted with a mechanical stop to prevent closure beyond the 50% open position.
Wood logs Dovre 250 (model DV-250) manufactured by Dovre NV, Nijverheidsstraat 18, BE-2381 Weelde, Belgium The manufacturer’s instructions, reference PM 250 Issue 1 Untreated dry wood A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 75% open position Dovre Vintage 30 (DV-VIN30, DV-VIN30WH, DV-TBVIN30 and DV-TBVIN30WH), Dovre Vintage 35 (DV-VIN35, DV-VIN35WH, DV-TBVIN35 and DV-TBVIN35WH) and Dovre Vintage 50 (DV-VIN50, DV-VIN50WH, DV-TBVIN50 and DV-TBVIN50WH) stoves manufactured by Dovre N.V. Nijverheidsstraat 18, B-2381 Weelde, Belgium Instruction manual reference 03.27681.100 dated April 2011 and PM813 Issue 1 dated May 2012 and when fitted with a permanent stop preventing closure of the secondary air supply beyond 50% Wood logs The Dunsley Yorkshire Stove, manufactured by Dunsley Heat Limited The manufacturer’s instructions dated 5th August 1998, reference A/22160 as amended by those dated 4th December 2004, reference D13 Untreated dry wood Peat or peat briquettes with, in either case, less than 25% moisture Union Coal Briketts, manufactured by Rheinbraun AG of Germany comprising lignite compressed into briquettes of approximately 15 cm in length with square ends and with a sulphur content not exceeding 1% of the total weight CPL Wildfire, manufactured by Coal Products Limited, Immingham, which — comprise bituminous coal with a volatile content of 32-36% (as to approximately 96% of the total weight) and a cold cure resin binder (as to the remaining weight); are manufactured from those constituents by a process involving roll-pressing; have an average weight of either 80-90 grams or 160-170 grams; and have a sulphur content not exceeding 1.8% of the total weight The Dunsley Yorkshire Multifuel Stove manufactured by Dunsley Heat Limited The manufacturer’s instructions dated 5th August 1998, reference A/22160 as amended by those dated 4th December 2004, reference D13 Untreated dry wood Peat or peat briquettes with, in either case, less than 25% moisture Union Coal Briketts, manufactured by Rheinbraun AG of Germany comprising lignite compressed into briquettes of approximately 15 cm in length with square ends and with a sulphur content not exceeding 1% of the total weight CPL Wildfire, manufactured by Coal Products Limited, Immingham, which — comprise bituminous coal with a volatile content of 32-36% (as to approximately 96% of the total weight) and a cold cure resin binder (as to the remaining weight); are manufactured from those constituents by a process involving roll-pressing; have an average weight of either 80-90 grams or 160-170 grams; and have a sulphur content not exceeding 1.8% of the total weight The Dunsley Yorkshire Multifuel Stove and Boiler manufactured by Dunsley Heat Limited The manufacturer’s instructions dated 5th August 1998, reference A/22160, as amended by thosedated 4th October 2004, reference GHD/DUN4B/1 Untreated dry wood Peat or peat briquettes with, in either case, less than 25% moisture Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 cm in length with square ends and with a sulphur content not exceeding 1% of the total weight CPL Wildfire, manufactured by Coal Products Limited, Immingham, which comprise bituminous coal with a volatile content of 32-36% (as to approximately 96% of the total weight) and a cold cure resin binder (as to the remaining weight); are manufactured from those constituents by a process involving roll-pressing; have an average weight of between 80-90 grams or between 160-170 grams; and have a sulphur content not exceeding 1.8% of the total weight The Dunsley Yorkshire Woodburning Stove manufactured by Dunsley Heat Limited The manufacturer’s instructions dated 4th December 2004, reference D13W Untreated dry wood The Dunsley Yorkshire Woodburning Stove and Boiler manufactured by Dunsley Heat Limited The manufacturer’s instructions dated 4th December 2004, reference D13W together with the manufacturer’s instructions dated 4th October 2004 reference GHD/DUN4B/1 Untreated dry wood E-Compact 15 wood pellet boiler manufactured by Wood Energy Solutions, Donaskeigh, Tipperary, Co. Tipperary, Ireland Instruction manual reference “ E-COMPACT 15 Outdoor Pellet Boiler v1.5” dated 05 2012 6mm Wood Pellets Earlswood manufactured by ACR Heat Products Limited, Unit One Weston Works, Weston Lane, Tyseley, Birmingham B11 3RP Instruction manual reference “EW1MF technical manual” dated 02 2009.
When the primary air control is in the closed position, it must remain permanently open by 5mm and must be prevented from closing fully by a screw.
Wood logs Eco-Ideal Eco 1 Stove manufactured by Hunter Stoves Limited, unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter. Devon EX5 4RJ Instruction manual references “JINECO01 revC” dated 20th July 2011. The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Dry wood logs Eco-Ideal Eco 2 Stove manufactured by Hunter Stoves Limited, unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter. Devon EX5 4RJ Instruction manual references “JINECO02 revC” dated 20th July 2011. The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Dry wood logs Eco-Ideal Eco 4 Stove manufactured by Hunter Stoves Limited, unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter. Devon EX5 4RJ Instruction manual references “JINECO04 revC” dated 20th July 2011 Dry wood logs Eco-Ideal Eco 6 Stove manufactured by Hunter Stoves Limited, unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter. Devon EX5 4RJ Instruction manual references “ JINECO06 revC” dated 20th July 2011 Dry wood logs Ecco Stove E580 Manufactured by Landy Vent UK Limited, Foster House, 2 Redditch Road, Studley, Warwickshire, B80 7AX Instruction manual reference “Ecco Stove 580 manual” dated 12th December 2011. Wood Logs Ecco Stove E678 manufactured by Landy Vent UK Ltd, Foster House, 2 Redditch Road, Studley, Warwickshire B80 7AX Instruction manual references ‘01/11/3’ dated 28th January 2011. The appliance must be fitted with a system to fix the secondary air (airwash) to a 4mm open position Wood logs Ecco Stove E850 manufactured by Landy Vent UK Ltd, Foster House, 2 Redditch Road, Studley, Warwickshire B80 7AX Instruction manual references ‘02/10’ dated 10th October 2010. The appliance must be fitted with a system that prevents the closure of the secondary air flaps beyond 4mm (3 turns) Wood logs Ecofire Barbara wood pellet stove boiler manufactured by Palazzetti Lelio S.p.A, Via Roveredo 103, Porcia (PN), 33080, Italy Instruction manual reference “cod. 004770900” dated October 2011 and supplementary information “Clean Air Act 1993 and Smoke Control Areas” reference 004723000 dated January 2012. Wood pellets Ecofire Giulia Idro, Ecofire Kelly Idro Plus and Ecofire Tania Idro wood pellet stove boilers manufactured by Palazzetti Lelio S.p.A, Via Roveredo 103, Porcia (PN), 33080, Italy Instruction manual reference “cod. 004770432” dated February 2011 and supplementary information “Clean Air Act 1993 and Smoke Control Areas” reference 004723000 dated 01/2012. Wood pellets Ecowarm Crystal 6 (also known as Ekol Crystal 8) manufactured by Saltfire Stoves Ltd, Station Works, John’s Road, Wareham, BH20 4BG Instruction manual refrences ‘ECO7operation-Revision 2A’ dated 24th January 2011 Wood logs Ellipse manufactured by La Nordica Spa, Via Summano 104, M. Precalcino, 36030 Vicenza, Italy Instruction manual references ‘7196901-Rev 09’ dated 22nd December 2010. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 40% open position Wood logs The En-tech model ENP 10, 15, 18, 25 and 35 boilers manufactured by En-tech Energietechnikproduktion Gesellschaft mit beschränkter Haftung (GmbH), Gewerbezone 3, A-9300 St Veit, Glan-Hunnenbrunn, Austria The manufacturer’s installation manual dated November 2009, reference IMENP 10-35 11/2009 for the Firefox pellet boiler. Wood logs The En-tech model PK 15 and 25 boilers manufactured by En-tech Energietechnikproduktion Gesellschaft mit beschränkter Haftung (GmbH), Gewerbezone 3, A-9300 St Veit, Glan-Hunnenbrunn, Austria The manufacturer’s installation manual dated November 2009, reference IMPK PK15/25 11/2009 EN for the Firefox pellet boiler. Wood pellets The En-tech model PK 45 boilers manufactured by En-tech Energietechnikproduktion Gesellschaft mit beschränkter Haftung (GmbH), Gewerbezone 3, A-9300 St Veit, Glan-Hunnenbrunn, Austria The manufacturer’s installation manual dated November 2009, reference IMPK PK45 11/2009 EN for the Firefox pellet boiler. Wood pellets Endress USF-W 1000 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress USF –W1000” dated 03/2010 Reference EMAN – USFW1000 Wood Chips and pellets Endress USF-W 250 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress USF -W250” dated 03/2010. Reference EMAN – USFW250 Wood Chips and pellets Endress USF-W 350 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress USF –W350” dated 03/2010 Reference EMAN – USFW350 Wood Chips and pellets Endress USF-W 500 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress USF -W500” dated 03/2010 Reference EMAN – USFW500 Wood Chips and pellets Endress USF-W 800 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress USF –W800” dated 03/2010 Reference EMAN – USFW800 Wood Chips and pellets Endress VR-S 300 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress VR-S300” dated 03/2010 Reference EMAN – VRS300 Wood Chips and pellets Endress VR-W 400 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress VR –W400” dated 03/2010 Reference EMAN – VRW400 Wood Chips and pellets Endress VR-W 600 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress VR-W600” dated 03/2010 Reference EMAN – VRW600 Wood Chips and pellets Endress VR-W 900 manufactured by Endress Holzfeuerungsanlagen GmbH, Industriestraße 18, D-91593 Burgbernheim. Instruction manual references “Operating and Maintenance manual Endress VR-W900” dated 03/2010 Reference EMAN – VRW900 Wood Chips and pellets 100SE Smoke Exempt Woodburning Stove manufactured by ESSE Engineering Limited, Long Ing Barnoldswick Lancashire, BB18 6BN The manufacturer’s instruction manual dated February 2009, reference 100SE Issue 1.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position
Untreated dry wood with a maximum moisture content of 20%, maximum length of 200 mm and maximum width or diameter of 120 mm EOS 30 346kW output wood pellet boiler with multicyclone manufactured by : Uniconfort srl, Via dell’Industria 21, 35018, San Martino Di Lupari (PD) Italy Use and Maintenance manual reference “Uniconfort EOS30 Manual v1” dated July 2011. Wood pellets EOS 35 407kW output wood pellet boiler with multicyclone manufactured by : Uniconfort srl, Via dell’Industria 21, 35018, San Martino Di Lupari (PD) Italy Use and Maintenance manual reference “Uniconfort EOS35 Manual v1” dated July 2011. Wood pellets EOS 40 464kW output wood pellet boiler with multicyclone manufactured by : Uniconfort srl, Via dell’Industria 21, 35018, San Martino Di Lupari (PD) Italy Use and Maintenance manual reference “Uniconfort EOS40 Manual v1” dated July 2011. Wood pellets EOS 60 700 kW output wood pellet boiler with multicyclone manufactured by Uniconfort sri, Via dell’Industria 21, 35018 San Martino Di Lupari (PD) Italy Installation Instruction manual references ‘K135-07332 Uniconfort MUN v 2’ dated September 2010 6mm diameter wood pellets Esse 100DD SE 5kW stove manufactured by Esse Engineering Limited, Ouzedale Foundry, Long Ing, Barnoldswick, BB18 6BN Instruction manual reference “10/11 (PP) INSTR.ST-100DDSE/u” dated October 2011. The fitting of a system to prevent closure of the air controls beyond the 50% open position must be implemented. Wood logs Esse 125 SE Stove manufactured by ESSE Engineering Ltd, Ouzledale Foundry, Long Ing, Barnoldswick, Lancashire, BB18 6BN Instruction manual references “Esse 125SE Issue 1” dated August 2009. The appliance must be fitted with a mechanical stop to prevent closure beyond the 50% open position. Wood logs Esse 301 SE Stove manufactured by ESSE Engineering Ltd, Ouzledale Foundry, Long Ing, Barnoldswick, Lancashire, BB18 6BN Instruction manual references “v45” dated 9th November 2010. The primary air control must not be fully air tight when closed. Wood logs Esse 350 SE Stove manufactured by ESSE Engineering Ltd, Ouzledale Foundry, Long Ing, Barnoldswick, Lancashire, BB18 6BN Instruction manual references ‘v45’ dated 9th November 2010 Wood logs Esse 1622 inset stove manufactured by Esse Engineering Limited, Long Ing, Barnoldswick Lancashire BB18 6BN Installation and operation manual reference “1622/Integra INSET revision c” dated July 2010.
The appliance must be fitted with a mechanical stop to fix secondary air control fully open.
Wood logs ETA HACK 20, 25, 35, 50, 70, 90, 130 and 200 woodchip boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “HACK20-200_Bedienung_2011-06_EN” dated 06/2011. Integrated flue gas recirculation system must be used when using wood chips with a moisture content below 15% Wood chips ETA HACK 20, 25, 35, 50, 70, 90, 130 and 200 woodchip boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “HACK20-200_Bedienung_2011-06_EN” dated June 2011. Integrated flue gas recirculation system must be used when burning wood pellets Wood pellets ETA PC 20, 25 and 32 wood pellet boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “PC20-32_Bedienung_2011-06_EN” dated June 2011 Wood pellets ETA PE-K 35, 50, 70 and 90 wood pellet boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “PE-K35-90_Bedienung_2011-06_EN” dated June 2011 Wood pellets ETA PU 7, 11 and 15 wood pellet boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “PU7-15_Bedienung_2011-06_EN” dated June 2011 Wood pellets ETA SH 20, 30, 40, 50 and 60 wood gasification boilers Manufactured by ETA Heiztechnik Gesellschaft mit beschrankter Haftung (GmbH), A 4716, Hofkirchen an der Trattnach, Gewerbepark 1, Austria Instruction manual reference “SH20-60_Bedienung_2011-06_EN” dated June 2011 Wood logs eVolution 26 boiler stove manufactured by Broseley Fires Ltd, Knights Way , Battlefield Ent Park, Shrewsbury, Shropshire, SY1 3AB Instruction manual reference “ MS10-11c” dated 09/01/2012. The appliance must be fitted with a mechanical stop to prevent closure beyond the 40% open position when sold into smoke control areas. Wood logs eVolution 4 Inset manufactured by Broseley Fires Limited, Knights Way, Battlefields Enterprise Park, Shrewsbury, Shropshire, SY1 3AB Instruction manual reference “eVo 4&7 Inset MS11-11” dated 9th November 2011. The appliance must be fitted with a system to prevent closure of the secondary air control beyond the 15mm open position. Wood logs eVolution 5 model number M-EVO5 manufactured by Broseley Fires Limited, Knights Way, Battlefield Enterprise Park, Shrewsbury, Shropshire. SY1 3AB Instruction manual references “eVo 5 MS07-11” dated 8th July 2011. The appliance must be fitted with a system that prevents the closure of the air control to less than 70% open Wood Logs eVolution 7 Inset manufactured by Broseley Fires Limited, Knights Way, Battlefields Enterprise Park, Shrewsbury, Shropshire, SY1 3AB Instruction manual reference “eVo 4&7 Inset MS11-11” dated 9th November 2011. The appliance must be fitted with a system to prevent closure of the secondary air control beyond the 8mm open position. Wood logs Evotherm P50, P100, P120, P150, P170, P200 pellet boilers manufactured by Evotherm, Heiztechnik Vertriebs Gesellschaft mit beschrankter Haftung (GmbH), Seeleiten 24, AT 5120, St Pantaleon, Austria The manufacturer’s instructions ‘Operating manual’ reference Version 1/2010/Rev 4.21. Wood pellets The Extraflame: Babyfiamma, Bella and Bella Lux, Clementina, Comfort Maxi, Contessa, Divina, Divina Plus and Divina Steel, Duchessa and Duchessa Steel, Ecologica, Esmeralda and Esmeralda Crystal, Falò 1CP, Falò 2CP and Falò 1XP, Isabella, Karolina and Preziosa, all of which are manufactured by Extraflame S.p.a in Montecchio Precalcino (Vicenza), Italy The manufacturer’s operating instructions dated 5th March 2007, reference 004275101 011 Wood pellets The Extraflame Comfort Mini manufactured by Extraflame S.p.a in Montecchio Precalcino (Vicenza), Italy The manufacturer’s operating instructions dated 2nd October 2006, reference 004275115 REV 005 Wood pellets The Extraflame Idro manufactured by Extraflame S.p.a in Montecchio Precalcino (Vicenza), Italy The manufacturer’s operating instructions dated 28th August 2006, reference 004275128 REV 002 Wood pellets The Extraflame Lucrezia Idro and Lucrezia Steel manufactured by Extraflame S.p.a in Montecchio Precalcino (Vicenza), Italy The manufacturer’s operating instructions dated 12th July 2006, reference 004275110 REV 011 Wood pellets FDC5 Stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “FDC Issue 02” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 3.5mm open position must be implemented Wood logs FDC5i inset stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire, TF3 3AR. Instruction manual reference “FDCi Issue 06” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 3.5mm open position must be implemented. Wood logs FDC5iT Taper inset stove manufactured by Charlton & Jenrick Ltd. Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR. Instruction manual reference “FDCiT Issue 1” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 5mm open position must be implemented Wood logs FDC5iW Wide inset stoves manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire, TF3 3AR. Instruction manual reference “FDCi Issue 06” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 9mm open position must be implemented. Wood logs FDC5W Wide stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “FDC Issue 02” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 7mm open position must be implemented Wood logs Fireball manufactured by La Nordica Spa, Via Summano 104, M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘7196801-Rev 07’ dated 22nd December 2010. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 40% open position. Wood logs Firefox 5CB, Vega 100CB, Sirius 405CB and Flame 5CB (4.9kW) stoves manufactured by Percy Doughty & Co, Imperial Point, Express Trading Estate, Stonehill Road, Farnworth, Bolton, BL4 9TN Instruction manual references “FFXCBA” dated January 2010 Wood logs Firefox 5 Clean Burn II, Gallery Classic 5 Clean Burn, Sirius 405 Clean Burn and Sirius 405 Classic Clean Burn manufactured by Percy Doughty & Co Limited, Imperial Point, Express Trading Estate, Stone Hill Road, Farnworth, Bolton. BL4 9TN Instruction manual references “FF5CBII REV:A” dated June 2011. The appliance must be fitted with a mechanical stop to prevent secondary air closure beyond the 50% open position Dry wood logs Firefox 8 Clean Burn, Gallery Classic 8 Clean Burn, Sirius 545 Clean Burn and Sirius 545 Classic Clean Burn manufactured by Percy Doughty & Co Limited, Imperial Point, Express Trading Estate, Stone Hill Road, Farnworth, Bolton. BL4 9TN Instruction manual references “FF8CB REV:A” dated June 2011. The appliance must be fitted with a mechanical stop to prevent secondary air closure beyond the 50% open position Dry wood logs Fireglow Eco 7 manufactured by Saltfire Stoves Ltd, Station Works, John’s Road, Wareham, BH20 4BG Instruction manual references ‘ECO7 operation-Revision 2A’ dated 24th January 2011 Wood logs Fireline FGi5 stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire, TF3 3AR. Instruction manual reference “FGi.FPi.FXi Issue 06” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 3.5mm open position must be implemented Wood logs Fireline FP5, Fireline FX5, Fireline FPi 5kW and Fireline FXi 5kW manufactured by Charlton and Jenrick, Ltd Charlton and Jenrick G1-G2, Halesfield 5, Telford, Shropshire,TF7 4QJ Instruction manual references “Issue 03” dated 03/10. The appliance must be fitted with a system that prevents the closure of the secondary air control beyond the 3.5mm open position Wood logs Fireline FP5W and FX5W Freestanding stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire, TF3 3AR. Instruction manual reference “FX.FP.Issue 06” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 7mm open position must be implemented. Wood logs Fireline FPi5T, FGi5T, FXi5T Taper inset stoves manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “FXiT.FPiT.FGiT Issue 01” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 5mm open position must be implemented Wood logs Fireline FPi5W, FGi5W, FXi5W Wide inset stoves manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “FGi.FPi.FXi Issue 06” dated 03/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 9mm open position must be implemented Wood logs Firematic 25, 50, 90 and 150 manufactured by HERZ Armaturen Ges.m.b.H, Geschäftsbereich HERZ, Feuerungstechnik, A-8272 Sebersdorf 138, Austria The manufacturer’s instructions dated June 2005, reference Bedienungsanleitung Firematic V 1.1 ENG doc Chipped wood, wood pellets or planed wood shavings Firematic 45 and 60 manufactured by HERZ Armaturen Ges.m.b.H, Geschäftsbereich HERZ Feuerungstechnik, A-8272 Sebersdorf 138, Austria Instruction manual references “05.007 .Operating instructions - FM (1Ph) 20 35 45 60 v2.3” dated “08/2009” Wood pellets conforming to ÖNORM M7135 with diameter of 6 mm or Wood chips up to a maximum size of 50mm and maximum water content 35% Firematic FM 130, FM 151, FM180, FM199 boilers manufactured by Herz Energietechnik GmbH, Herzstraße, 1, 7423 Pinkafeld, Österreich/Austria Instruction manual reference “Operating Instructions Herz firematic 130 – 199 BioControl” version Betriebsanleitung firematic 20-201 BioControl Englisch V 3.1 Wood Chips and Wood Pellets Firestorm 10 SE stove manufactured by The Heat Resistant Glass Company Limited, Unit 2 Bracewell Avenue, Poulton Industrial Estate, Poulton Le Fylde. FY6 8JF Instruction manual reference “10 KW SE Issue (6928) 2” dated 28th April 2012. Fitted with a stop that will only allow a minimum air gap 6mm between the air control plate and the appliance when the secondary air is turned down to its minimum position. Wood Logs Firestorm 4.5 SE stove manufactured by The Heat Resistant Glass Company Limited, Unit 2 Bracewell Avenue, Poulton Industrial Estate. Poulton Le Fylde. FY6 8JF Instruction manual reference “4.5KW SE Issue (6928) 1” dated 28th April 2012. Fitted with a stop that will only allow a minimum 3mm air gap between the air control plate and the appliance when the secondary air is turned down to its minimum position. Wood Logs Firestorm 6.5 SE stove manufactured by The Heat Resistant Glass Company Limited, Unit 2 Bracewell Avenue, Poulton Industrial Estate, Poulton Le Fylde. FY6 8JF Instruction manual reference “6.5KW SE Issue (6928) 3” dated 28th April 2012. Fitted with a stop that will only allow a minimum air gap 6mm between the air control plate and the appliance when the secondary air is turned down to its minimum position. Wood Logs Firewarm 4SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “FW468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 5mm open must be implemented Wood logs Firewarm 6SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “FW468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 75% from closed must be implemented. Wood logs Firewarm 8SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “FW468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 25% from closed must be implemented. Wood logs Flatford 5K, Barrington 5K, Hampstead 5K Wood Burning Stoves manufactured by Chesneys Limited, 192 – 200 Battersea Park Road, London. SW11 4ND Instruction manual reference “CH5K – V1” dated 14th March 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 18mm open position when sold into smoke control areas. Wood Logs Franco Belge Model 134 08 11 Savoy EA 8kW output wood burning stove; Franco Belge Model 134 08 09 Savoy Mk II Elegance multifuel stove with KEA 13408 smoke control kit manufactured by Franco Belge, Staub Fonderie SA , Rue Orphée Variscotte, 59660, Merville, France The Savoy EA Technical, Manual, document reference, 1290-1, reviewed 9th July 2009. Wood logs Franco Belge Montfort MK2 wood burning stove manufactured by Franco Belge, Staub Fonderie SARL, Rue Orphée Variscotte, 59660, Merville, France Instruction manual reference “1295-3” dated 17th November 2009. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 25% open position Wood logs Fröling Lambdamat Commercial wood chip boiler models 500, 750 and 1000 manufactured by Fröling Heizkessel und Behälterbau Gesellschaft mit beschränkter Haftung (GmbH), A-4710 Grieskirchen, Industriestrasse 12, Austria Lambdamat Communal Operating and Installation Manual reference B 069 01 04 of February 2004 Wood chips Fröling S4 Turbo 15 15kW, Fröling S4 Turbo 22 22kW, Fröling S4 Turbo 28 28kW, Fröling S4 Turbo 34 34kW, Fröling S4 Turbo 40 40kW, Fröling S4 Turbo 50 50kW, Fröling S4 Turbo 60 60kW manufactured by Fröling Heizkessel und Behälterbau Gesellschaft mit beschränkter Haftung (GmbH), A-4710 Grieskirchen, Industriestrasse 12, Austria Assembly instruction manual ‘M0970208’ dated November 2008 and Operating instruction manual ‘B0510108’ dated November 2008 Wood logs Fröling Turbomatic 28, 35, 48 and 55 manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H, Industriestraße 12, A-4710 Grieskirchen, Austria The manufacturer’s installation manual dated November 2003, reference M 060 01 03 Wood chip less than 35% moisture content and meeting ÖNORM M 7133: 1998 size class G30 The manufacturer’s operating manual dated August 2002, reference 99229a Wood pellets of 6 mm diameter and a moisture content below 10% Fröling Turbomatic 85, 100 and 110 manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H, Industriestraße 12, A-4710 Grieskirchen, Austria The manufacturer’s instruction manual dated November 2003, reference M 060 01 03 Wood chip less than 35% moisture content and meeting ÖNORM M 7133: 1998 of either size class G30 or G50 The manufacturer’s operating manual dated August 2002, reference 99229a Wood pellets of 6 mm diameter and a moisture content below 10% Fröling Turbomat 150 and 220 manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H, Industriestraße 12, A-4710 Grieskirchen, Austria The manufacturer’s operating instructions dated August 2003, reference B0310003 Wood pellets or wood chips Fröling Turbomat 320 and 500 manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H, Industriestraße 12, A-4710 Grieskirchen, Austria The manufacturer’s operating instructions dated November 2004, reference B0340004 Wood pellets or wood chips Fröling P4 8, 15, 20, 25, 32, 38, 48 and 60 Pellet Boilers manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H, Industriestrasse 12, A-4710 Grieskirchen Instruction manual reference “B0430408_en” dated July 2009 Wood pellets with a diameter of 6mm Fröling P4 80 and P4 100 wood pellet boilers manufactured by Fröling Heizkessel und Behälterbau Ges.m.b.H. Industriestraße 12, A - 4710 Grieskirchen Instruction manual reference “B043 – Version 8” dated 05 2012 Wood pellets Fröling T4 24, 30, 40, 50, 60, 75, 90, 100 and 110kW boilers manufactured by Fröling Heizkessel und Behälterbau Ges.m.b.H. Industriestraße 12 A - 4710 Grieskirchen Instruction manual reference “ B071 - Version 05” dated 05 2012 Wood pellets or wood chips Fröling TX150 150kW boiler with Exhaust Gas Recirculation device manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H. Industriestraße 12, Austria Installation Instruction manual references “M1130009” dated 09/2010 and operating instruction manual “B 067 00 09” dated September 2010 Wood chips with a moisture content ≤30% and a maximum cross sectional area of 5cm 2 or wood pellets with a moisture content of ≤10% and a maximum diameter of 10mm Fröling TX 200 199kW and TX 250 250kW boilers with Exhaust Gas Recirculation device manufactured by Fröling Heizkessel- und Behälterbau Ges.m.b.H. Industriestraße 12. A - 4710 Grieskirchen Instruction manual reference “B067 – Version 03” dated 05 2012 Wood chips or wood pellets Gilles HPK-RA 13 kW, 15 kW, 20 kW, 25 kW, 30 kW, 35 kW, 40 kW, 45 kW, 49 kW, 60 kW, 70 kW, 75 kW, 85 kW, 95 kW, 100 kW, 120 kW and 145 kW manufactured by GILLES Energie- und Umwelttechnik GmbH, Koaserbauer Str. 16 A-4810 Gmunden, Austria Operating instructions dated January 2007, reference Gilles/0–145/1 Wood pellets or wood chips Gilles HPK-RA 160 Manufactured by Gilles Energie – und Umwelttechnik Gmbh, Koaserbauer Str. 16A-4810 Gmunden, Austria Instruction and operation manuals “BD 200-01a-01” and dated 11/2008, “BD 200-01a-02” and dated 11/2008, “BD 200-01a-03” and dated 11/2008, “BD 200-01a-04” and dated 11/2008, “BD 200-01a-06” and dated 11/2008, “BD 200-03a-07” and dated 11/2008 and “BD 200-03a-09” and dated November 2008 Wood Chips and pellets Gilles HPK UTSK 150 kW, 180 kW, 240 kW and 300 kW boilers manufactured by Gilles Energie und Umwelttechnik GmbH, Koaserbauer Str. 16, A-, 4810 Gmunden, Austria Operating instructions dated, January 2007, reference, Gilles/150–300/1. Wood pellets or wood, chips Gilles HPK UTSK 360 kW, Boiler manufactured by Gilles Energie und umwelttechnik GmbH, Koaserbauer Str. 16, A-4810 Gmunden, Austria Operating instructions dated January 2008, reference Gilles/360/1. Wood pellets or wood, chips Gilles HPKI-K 180, 195, 240, 300, 360, 450, 550, 700, 900, 995,1200 and 1600 boilers. Manufactured by Gilles, Energie und Umwelttechnik, Gmbh, Koaserbauer Str. 16A-, 4810 Gmunden, Austria “Operating Instruction HPKI-K, Underfeed Stoking. 1-general HPKI-K underfeed stoking” dated November 2008. Wood pellets or wood chips Gilles UTSK 450 kW, 550 kW boilers manufactured by GILLES Energie- und Umwelttechnik GmbH, Koaserbauer Str. 16 A-4810 Gmunden, Austria Operating instructions dated January 2008, reference Gilles/360/1 Wood pellets or wood chips Gilles UTSK 700 kW, 900 kW boilers manufactured by GILLES Energie- und Umwelttechnik GmbH, Koaserbauer Str. 16 A-4810 Gmunden, Austria Operating instructions dated January 2008, reference Gilles/360/1 Wood pellets or wood chips Gilles UTSK 1200 kW, 1600 kW boilers manufactured by GILLES Energie- und Umwelttechnik GmbH, Koaserbauer Str. 16 A-4810 Gmunden, Austria Operating instructions dated January 2008, reference Gilles/360/1 Wood pellets or wood chips Grant Spira Condensing Wood Pellet Boiler 6-26kW model number WPS626 and 9-36kW model number WPS936 manufactured by Grant UK Ltd, Hopton House, Hopton Industrial Estate, Devizes, Wiltshire, SN10 2EU Instruction manual reference “IRL NO.012 Rev; 1” Dated April 2012 6mm Wood pellets Guntamatic Biocom and Powercorn 50 and 75 manufactured by GUNTAMATIC Heiztechnik GmbH A – 4722 PEUERBACH, Bruck 7 Instruction manual references “GUN/BIO/OP/V1/0709” dated 29/07/09 Wood pellets with a diameter of 6mm and a length of between 10 and 30 mm Guntamatic Powerchip 50 and 75 manufactured by GUNTAMATIC Heiztechnik GmbH A – 4722 PEUERBACH, Bruck 7 Instruction manual references “GUN/POW/OP/V1/0709” dated 29/07/09 Wood pellets with a diameter of 6mm and a length of between 10 and 30 mm Guntamatic Biocom and Powercorn 100 manufactured by GUNTAMATIC Heiztechnik GmbH A – 4722 PEUERBACH, Bruck 7 Instruction manual references “GUN/BIO/OP/V1/0709” dated 29/07/09. Wood pellets with a diameter of 6 mm and a length of between 10 and 30 mm or Wood chip less than 35% moisture content and meeting ÖNORM M 7133: 1998 size class G30 Guntamatic Powerchip 100 manufactured by GUNTAMATIC Heiztechnik GmbH A – 4722 PEUERBACH, Bruck 7 Instruction manual references “GUN/POW/OP/V1/0709” dated 29/07/09 Wood pellets with a diameter of 6 mm and a length of between 10 and 30 mm or Wood chip less than 35% moisture content and meeting ÖNORM M 7133: 1998 size class G30 The HSV 50 + WTH 45, 49 or 55 boilers manufactured by Hargassner Gesellschaft mit beschränkter Haftung (GmbH), Gunderding 8, A-4952, Weng, Austria The manufacturer’s installation manual version 44 for Wood Chip and Pellet Stoves, Type HSV 30-100. Reference BA HSV30-100 RA/RAP V44 0608. Wood chip or wood pellets The HSV 80 + WTH 70 or 80 boilers manufactured by Hargassner Gesellschaft mit beschränkter Haftung (GmbH), Gunderding 8, A-4952, Weng, Austria The manufacturer’s installation manual version 44 for Wood Chip and Pellet Stoves, Type HSV 30-100. Reference BA HSV30-100 RA/RAP V44 0608. Wood chip or wood pellets The HSV 100 + WTH 100 boiler manufactured by Hargassner Gesellschaft mit beschränkter Haftung (GmbH), Gunderding 8, A-4952, Weng, Austria The manufacturer’s installation manual version 44 for Wood Chip and Pellet Stoves, Type HSV 30-100. Reference BA HSV30-100 RA/RAP V44 0608. Wood chip or wood pellets Hamont CATfire 350 USZI pellet boiler fitted with CATfirte 300 cyclone, manufactured by Hamont Contracting and Trading, spol. s.r.o., Sedlište 227, postal code 739 36, district Frýdek-Mistek Czech Republic. Operating instruction reference “Operating Manual for Boilers CATfire 150-500kW” effective from 1/1/2008 Wood pellets with a 6mm diameter and a maximum length of 30mm Hampstead 8, Hampstead LS 8, Hampstead XLS 8, Belgravia 8, Barrington 8, Petworth 8 and Flatford 8 stoves manufactured by Chesneys Limited, 194-200 Battersea Park Road, London, SW11 4ND Instruction manual reference “CH8K - V12” dated 31st October 2011. The appliance must be fitted with a system that prevents closure of the air controls further than 40mm from open. Wood logs Handöl 31, Handöl 31A, Handöl 32, Handöl 32A, Handöl 33T, Handöl 34T, Handöl 35T, Varde Ovne Look 1, Varde Ovne Look 2, Varde Ovne Look 3 , all manufactured by NIBE AB Box 134, 285 23 Markaryd, Sweden Installation instructions IAV SE/EX 0811-4 511941 Lighting instructions BAV SE/EX H30 511942.
A permanent stop must be in place on the air inlet to prevent closure beyond the 45% open position.
Untreated dry wood with a maximum moisture content of 20% Handöl 50, Handöl 51, Handöl 52, Handöl 52T, Handöl 53, Handöl 54, Handöl 54T, Handöl 51L, Varde Ovne S1, Varde Ovne S2, Varde Ovne S3, all manufactured by NIBE AB Box 134 285 23 Markaryd, Sweden Installation instruction IAV SE/EX 0737-4 511866 Lighting instruction BAV SE/EX 0717-1 511865.
A permanent stop must be in place on the air inlet to prevent closure beyond the 45% open position.
Untreated dry wood with a maximum moisture content of 20% Harrie Leenders Cylon
Harrie Leenders Doran 160
Harrie Leenders Doran 190
Harrie Leenders Fuga S
Harrie Leenders Fuga eL
Harrie Leenders Stor
Harrie Leenders Signa
Stoves manufactured by Harrie Leenders Industrieweg 255688 DP Oirschot Netherlands
Instruction manual references “Supplementary Instructions Amended June 2010”
The appliance must be fitted with a mechanical stop to prevent closure of the air slide beyond the 15mm open position
Wood logs HDG Compact models 25/35 (25 kW, 35 kW) wood chip and pellet boilers manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Compact 25/35 with HDG Hydronic reference “HDG Compact Version V01” of April 2009 Wood chip or wood pellets HDG Compact models 50/65 (50 kW, 65 kW) wood chip and pellet boilers manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Compact 50/65 with HDG Hydronic reference “HDG Compact Version V03” of April 2009 Wood chip or wood pellets HDG Compact model 80 (80 kW) wood chip and pellet boiler manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Compact 80 with HDG Hydronic reference “HDG Compact Version V03” of April 2009 Wood chip or wood pellets HDG Compact model 100 (100 kW) wood chip and pellet boiler manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Compact 100/150/200 reference “HDG Compact 100-200 Version V1” of July 2008 Wood chip or wood pellets HDG Compact model 150, 200 (150 kW, 200 kW) wood chip and pellet boiler with model HDG 3113 cyclone manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Compact 100/150/200 reference “HDG Compact 100-200 Version V1” of July 2008 Wood chip or wood pellets HDG Euro models 30, 40 and 50 (30 kW, 40 kW and 50 kW) wood log boilers manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Euro 30/40/50 with Lambda Control 1 reference “HDG Euro V3.0 with HDG Lambda Control 1 Version V1” of June 2008 Split wood logs of 500 mm length and maximum edge length of 120 mm and a residual moisture content of 20% HDG Navaro models 20, 25 and 30 (20 kW, 25 kW and 30 kW) wood log boilers manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Navora 20/25/30 with Lambda Control 1 reference “HDG Navora 20/25/30 with HDG Lambda Control 1 Version V2” of June 2008 Split wood logs of 500 mm length and maximum edge length of 120 mm and a residual moisture content of 20% HDG Pelletmaster model PM15, 15 kW wood pellet boiler manufactured by HDG Bavaria Gesellschaft mit beschrankter Haftung (GmbH), Siemensstrasse 22, 84323 Massing, Germany The manufacturer’s operating instructions for the HDG Pelletmaster 15/25 reference “HDG Pelletmaster Version V1” of October 2006 Wood pellets Heat Design TR5c inset stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “TRc Issue 02” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 3.5mm open position must be implemented Wood logs Heat Design TR5iT Taper inset stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “TRiT Issue 01” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 5mm open position must be implemented. Wood logs Heat Design TR6c Wide inset stove manufactured by Charlton & Jenrick Ltd, Unit D Stafford Park 2, Telford, Shropshire. TF3 3AR Instruction manual reference “TRc Issue 02” dated 04/12. The fitting of a system that prevents closure of the secondary air control slots beyond the 9mm open position must be implemented Wood logs Herz BioFire BF 1000 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Instruction manual references “Operating instructions HERZ BioFire 500 – 1000 Biocontrol” Reference “Betriebsanleitung Biofire 500-1000 Biocontrol Englisch V1.2.doc” Wood Chips and pellets Herz BioFire BF 500 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Instruction manual references “Operating instructions HERZ BioFire 500 – 1000 Biocontrol” Reference “Betriebsanleitung Biofire 500-1000 Biocontrol Englisch V1.2.doc” Wood Chips and pellets Herz BioFire BF 600 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Instruction manual references “Operating instructions HERZ BioFire 500 – 1000 Biocontrol” Reference “Betriebsanleitung Biofire 500-1000 Biocontrol Englisch V1.2.doc” Wood Chips and pellets Herz BioFire BF 800 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Instruction manual references “Operating instructions HERZ BioFire 500 – 1000 Biocontrol” Reference “Betriebsanleitung Biofire 500-1000 Biocontrol Englisch V1.2.doc” Wood Chips and pellets Herz Firematic FM 80 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Assembly and installation
instructions
“HERZ firematic 20 - 101 BioControl”
Reference “04.001” Installation Instructions – “Herz Firematic (1Ph) 20-101”
Operating instructions
“HERZ firematic 20 - 101 BioControl”
Reference “Betriebsanleitung firematic 20-101 BioControl Englisch V 2.53.doc”
Wood Chips and pellets Herz Firematic FM 100 manufactured by Herz Engietechnik GmbH. Herstraße 1, 7423 Pinkafeld Österreich/Austria Assembly and installation Instructions “HERZ firematic 20 – 101 BioControl” Reference “04.001” Installation Instructions – “Herz Firematic (1Ph) 20-101” Operating instructions “HERZ firematic 20 - 101 BioControl” Reference “Betriebsanleitung firematic 20-101 BioControl Englisch V 2.53.doc” Wood Chips and pellets Heta Scanline 500D, 510D, 520D and 530D wood burning stoves distributed in the UK by Pevex Enterprises Limited, Unit 16 Seven Acres Business Park, Newbourne Road, Waldringfield Nr Woodbridge. IP12 4PS Instruction manual references “Pevex1005/AH/ver2” and dated June 2011. The appliance must be fitted with permanent stops to ensure that the primary and secondary air controls do not close beyond 95% and 50% respectively Dry wood logs Heta Scanline 7D, 7AD, 7BD, 7CD and 7DD wood burning stoves distributed in the UK by Pevex Enterprises Limited, Unit 16 Seven Acres Business Park, Newbourne Road, Waldringfield, Nr Woodbridge. IP12 4PS Instruction manual references “Pevex1006/AH/ver2” and dated June 2011. The appliance must be fitted with permanent stops to ensure that the primary and secondary air controls do not close beyond 95% and 50% respectively Dry wood logs Highlander 5 Clean Burn Manufactured by Dunsley Heat Limited, Bridge Mills, Huddersfield, Holmfirth, West Yorkshire, HD9 3TW Instruction manual references “Highlander. The Dunsley – Enviroburn –5. Clean Burn Stove Installation and operating instructions. D12-01-09, D060-01-09, D13-01-09, D12-12-08” Wood logs conforming to BS EN 13240:2001 Highlander 7 Enviroburn Solo multi-fuel stove (product codes 00325, 00326 and 00327) manufactured by Dunsley Heat Limited, Bridge Mills, Huddersfield road, Holmfirth, Huddersfield. HD9 3TW Installation and operating instructions manual reference “ENVIRO 7 DB001” dated 15/6/2012. Appliance fitted with a mechanical stop to prevent closure of the secondary air-wash beyond 2mm. Four fixed 5mm diameter air holes are provided for the tertiary air supply. Dry wood logs Horse Flame Little Artemis model number HF277-SE Wood Burning Stove manufactured by Hi-Flame Fireplace UK Limited, Unit 5A Holmes Chapel Business Park, Manor Lane, Holmes Chapel. Cheshire. CW4 8AF Instruction manual reference “AL905-SE/UK-NI-ROI/V2-D.18-07-12” dated July 2012. Fitted with a mechanical stop to prevent closure of the secondary air control beyond the 3mm open position Wood Logs Horse Flame Precision 1 model number HF905-SE. UK Distribution Hi-Flame Limited, Unit 7B Holmes Chapel Business Park Manor Lane Holmes Chapel Cheshire CW4 8AF Instruction manual references “HF905/UK-NI-ROI/V2.1-06-11” Dated June 2011. The appliance must be fitted with a mechanical stop to prevent closure of the main air control beyond the 50% open position. Wood Logs Horse Flame Precision II model number HF907-SE wood burning stove manufactured by Hi-Flame Fireplace UK Limited, Unit 5A Holmes Chapel Business Park, Manor Lane, Holmes Chapel, Cheshire. CW4 8AF. Instruction manual reference “HF907-SE/UK-NI-ROI/V3-D. 14-07-12” dated July 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 20% open position, and a 70mm opening of the door rope seal to allow a constant flow of air when sold into smoke control areas. Wood Logs Hothouse 4SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “HH468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 5mm open must be implemented Wood logs Hothouse 6SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “HH468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 75% from closed must be implemented. Wood logs Hothouse 8SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “HH468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 25% from closed must be implemented. Wood logs Hotpod Limited Edition manufactured by Hotpod LLP , PO Box 137, St Ives Cornwall TR26 2WW Instruction manual reference “Version 3” dated June 2011 Wood Logs Hotpod Unlimited manufactured by Hotpod LLP, PO Box 137, St Ives Cornwall TR26 2WW Instruction manual reference “Version 3” dated June 2011 Wood Logs The Hoval AgroLyt 20, 25, 35, 45 and 50 manufactured by Hoval AG, Austrasse 70, 9490 Vaduz, Liechtenstein Installation and operation manuals dated January 2006, reference 4 205/ 194/00, and June 2006, reference 205 193/00 Wood logs with a maximum moisture content of 20% Hoval BioLyt 160 pellet boiler manufactured by Hoval Limited, Hoval Limited,Northgate, Newark, Nottinghamshire NG24 1JN Instruction manual references “Hoval Operating instructions, wood pellet heating boiler BioLyt (50, 70, 120, 140, 160)” dated 03/07 2008 and “Technical information Assembly instructions ” dated 3rd October 2009 Wood Pellets Hoval BioLyt 50 and 70 manufactured by Hoval AG, Austrasse 70, 9490 Vaduz, Liechtenstein Installation and operating manuals referenced 4 204 794/01 and 4 204 793/2 dated June 2007 Wood Pellets Hoval Forester UFS 180, 240, 300, 360, 450, 550, 700, 900, 1200, 1600 manufactured by Schmid AG, Wood firing Systems PO Box 42, CH-8360 Eschlikon, Switzerland Instruction manual references “Forester UFS” dated November 2009 Wood Pellets or Wood Chips following CEN /TS 14961 Hoval Forester MGS 150, 180, 240, 300, 360, 450, 550, 700, 900 boilers manufactured by Schmid AG, Wood firing systems PO Box 42, CH-8380 Eschikon Switzerland. Instruction manual references “Hoval Forester MGS_MMXXXv1” (where XXX is the unit size, e.g. 150) dated July 2011 Wood Pellets or Wood Chips following CEN/TS 14961 Hoval STU 150, 200, 250, 300, 350, 425 and 500 manufactured by Hoval Limited, Hoval Limited,Northgate, Newark, Nottinghamshire. NG24 1JN Installation and operation manual referenced STU man/01 dated November 2007 or the installation and operation manual referenced STU/man/01/1 dated June 2008. Wood Pellets Hoval STU 600, 800 and 1000 manufactured by Hoval Limited, Hoval Limited,Northgate, Newark, Nottinghamshire. NG24 1JN Installation and operation manual referenced STU/man/01 dated 11/07 or the installation and operation manual referenced STU/man/01/1 dated June 2008. Wood Pellets Hunter Herald 4 manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual references “JINHH04 revC” dated 22/09/2011 and “JINHH04&HHC05 Slider Stop revA” dated 22nd July 2011. The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Wood logs Hunter Herald 5 Compact manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual references “JINHHC05 revC” dated 22/09/2011 and “JINHH04&HHC05 Slider Stop revA” dated 22nd July 2011. The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Wood logs Hunter Herald 5 Slimline manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual reference “JINHHW05 revC” dated 22nd September 2011. Wood logs Hunter Herald 6 manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual reference “JINHH04 revC” dated 22nd September 2011. Wood logs Hunter Herald i4 manufactured by Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINHVR04 Rev E” dated 2nd December 2011, and instruction manual “JINHVR04SCK revB” dated 05/12/11. The appliance must be fitted with “smoke control area kit JHVR0401” when sold into smoke control areas. Wood Logs Huntingdon 25 clear door (model number 7057) and Huntingdon 25 tracery door (model number 7058) manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF The manufacturer’s instruction manual reference PM 249 Issue 1. A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 75% open position Untreated dry wood The Hwam Beethoven and Hwam Beethoven H (4.5 kW nominal thermal output manufactured by HWAM Heat Design AS Nydamsvej 53, 8362 Hørning, Denmark Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1141 Ed B
The appliance must be fitted with a mechanism to prevent closure of the air wash/secondary air control.
Untreated dry wood The Hwam Mozart (4.5 kW nominal thermal output) manufactured by HWAM Heat Design AS Nydamsvej 53, 8362 Hørning, Denmark Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1141 Ed B
The appliance must be fitted with a mechanism to prevent closure of the air wash/secondary air control.
Untreated dry wood The Hwam Ravel (4.5 kW nominal thermal output) manufactured by HWAM Heat Design AS Nydamsvej 53, 8362 Hørning, Denmark Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1141 Ed B
The appliance must be fitted with a mechanism to prevent closure of the air wash/secondary air control.
Untreated dry wood The Hwam Vivaldi (4.5 kW nominal thermal output) manufactured by HWAM Heat Design AS Nydamsvej 53, 8362 Hørning, Denmark Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1141 Ed B
The appliance must be fitted with a mechanism to prevent closure of the air wash/secondary air control.
Untreated dry wood The Hwam 30 (4.5 kW nominal thermal output) manufactured by HWAM Heat Design AS Nydamsvej 53, 8362 Hørning, Denmark Euroheat Distributors (HBS) Limited’s operational instructions dated November 2006, reference IN1141 Ed B
The appliance must be fitted with a mechanism to prevent closure of the air wash/secondary air control.
Untreated dry wood Insert 100 Crystal manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘6096801-Rev. 17’ dated 22nd December 2010 Wood logs Insert 50 Crystal manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘6096801-Rev. 17’ dated 22nd December 2010. A mechanical stop to prevent closure of the secondary air control beyond the 40% open position must be fitted. Wood logs Insert 70 Crystal manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘6096801-Rev. 17’ dated 22nd December 2010. A mechanical stop to prevent closure of the secondary air control beyond the 40% open position must be fitted. Wood logs Insert 80 Crystal manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘6096801-Rev. 17’ dated 22nd December 2010. A mechanical stop to prevent closure of the secondary air control beyond the 40% open position must be fitted Wood logs Italy Built In manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘7095401’ Rev.02’ dated 13th December 2010 Wood logs Italy Termo DSA manufactured by La Nordica Spa, Via Summany 104 M. Precalcino 36030, Vicenza, Italy Instruction manual references ‘7095802 Rev. 06’ dated 1st February 2011 Wood logs Instyle 400 and 550 stoves manufactured by Dik Geurts Haardkachels BV, Industrieweg Oost 11, 6662 NE Elst (Gld), The Netherlands Instruction manual referenced “Instruction_manual_Instyle_1209_ENG” Wood logs Ivanhoe JS5000 multi-fuel stove manufactured by James Smellie Limited, Unit N, Leona Industrial Estate, Nimmings Road, Halesowen, West Midlands. B62 9JQ Instruction manual reference “Ivanhoe multi-fuel stove instruction manual Issue 1” dated June 2012 Wood Logs Jetmaster 18f stove manufactured by Jetmaster Fires Limited, Unit 2, Peacock Trading Estate, Goodwood Road, Eastleigh, Hampshire SO50 4NT Instruction manual references “106870/18f/60f/Issue No.5” dated June 2011 Dry wood logs Jotul F100 manufactured by Jotul UK Ltd, Unit 1, The IO Centre, Nash Road, Park Farm, Redditch, Worcestershire, B98 7AS Instruction manual reference ‘129980’ dated September 2002 and smoke control area modification reference ‘UK F100 SC appendix’ dated 2010. The appliance must be fitted with a permanent stop that prevents the closure of the secondary air control beyond the 50% open position Wood logs Jotul F162, F163, F262 and F263 stoves manufactured by Jotul UK Limited, 1 The IO Centre, Nash Road, Redditch, B98 7AS Instruction manual references “Jotul F162/F162C/F163 Manual Version Po6” dated January 2011 and Supplementary instruction manual “Jotul F162/F163/262/263 SMOKE” dated 01/01/2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 20% open position when sold into smoke control areas. Wood Logs Jydepejsen Country 510 and 760 5kW stoves manufactured by Jydepejsen A/S, Ahornsvinget 3-7, Nr.Felding, DK-7500, Holstebro, Denmark Instruction user manual “Country001” reference “Jydepejsen A/S - June 2011” dated June 2011. A permanent stop must be fitted to the secondary air control such that it cannot be closed less than 35%. Wood logs KARA KW990 woodchip boiler manufactured by KARA Energy Systems B.V. P.O. Box 570. 7600 AN Almelo. Plesmanweg 27, 7602 PD Almelo. The Netherlands Instruction manual reference “Maintenance and Operation Guide KARA Wood Fired Boiler Version 2012.02” dated 26-07-2012. Woodchip KÖB Pyromat-DYN (KPM-DYN) Models 45, 65 and 85 manufactured by Viessmann Ltd, Hortonwood 30,Telford, Shropshire, TF1 7YP Instruction manual references “ID 103689-L English” dated 01.01.2005 and instruction manual “ID: 103708-G English” Wood logs (up to 0.5m) and off cuts of natural timber, wood chips and pellets KÖB Pyromat-ECO (KPM-ECO) Models 35, 45, 55, 65, 75, 85,manufactured by Viessmann Ltd, Hortonwood 30,Telford, Shropshire, TF1 7YP Instruction manual references “ID 104646-D English” dated 01.01.2005 and instruction manual “ID: 104642-B English” Wood logs (up to 0.5m) and off cuts of natural timber KÖB Pyromat-ECO (KPM-ECO) Models 61, 81, 101 and 151 manufactured by Viessmann Ltd, Hortonwood 30,Telford, Shropshire, TF1 7YP Instruction manual references “ID 104646-D English” dated 01.01.2005 and instruction manual “ID: 104642-B English” Wood logs (up to 1.0m) and off cuts of natural timber KÖB Pyrot (KRT) Models 100, 150, 220, 300, 400 and 540 manufactured by Viessmann Ltd, Hortonwood 30,Telford, Shropshire, TF1 7YP Instruction manual references “ID 104654-H English” dated 01.01.2005 and instruction manual “ID: 106811-H English” Wood chips or pellets KÖB Pyrtec (KPT) Models 390, 530, 720, 950 and 1250 and manufactured by Viessmann Ltd, Hortonwood 30,Telford, Shropshire, TF1 7YP Instruction manual references “ID 104661-F English” dated 01.01.2005 and instruction manual “ID: 105174-F English”
The appliance must be fitted with multicyclone dedusters.
Wood chips or pellets Kooga Cleanburn Stove manufactured by Percy Doughty & Co, Imperial Point, Express Trading Estate, Stone Hill Road, Farnworth, Bolton, BL4 9TN Instruction manual references “KCB 04/10A” dated April 2010 Wood logs KOZ550, 639 kW output pellet boiler manufactured by Kaylioglu Kasabasi (Izmir-Istanbul Yolu Uzeri) P.K 23 Akhisar/Manisa Turkey Only when used with a Glosfume model BMF 208 ceramic particulate filter. The Green energy engineering Ltd (GEE) KOZ550 pellet boiler owner/operator’s manual reference version 1A 2010 dated December 2010. The Glosfume Ltd maintenance and instruction manual for Glosfume BMF Biomass Fiilter units (50 – 100kW) version AEE001-VER 4 dated December 2010 6mm diameter wood pellets KP12, KP22 and KP62 wood pellet boilers manufactured by PONAST spol. s r.o. Na Potůčkách 163, 757 01 Valašské Meziříčí, Czech Republic Service manual references “QPP051-2” dated 25/05/2012 and instructions for operation manual “QPP049-3” dated 25/05/2012 Wood pellets KWB Easyfire EF2 S/GS/V 8, 12, 15, 22, 25, 30 and 35 wood pellet boilers manufactured by KWB - Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung, A-8321 St. Margarethen/Raab, Industriestraβe 235, Austria Operation manual reference “B KWB Easyfire EN, 05.2011” dated May 2011 and installation manual “M KWB Easyfire, 05.2011” dated 05 2011. Wood pellets KWB Multifire 15, 25, 30, 40, 50, 60, 80, 99 and 100 wood-pellet and wood-chip fired boilers Manufactured by Kraft und Wärme aus Biomasse Gesellschaft mit Beschränkter Haftung, Industriestrasse 235 8321 St. Margarethen/Raab, Austria, 8321 The fireplace(s) must be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 2003, reference BA-USV 0803. Wood chips and wood pellets KWB Multifire USV 49.5kW Wood chip and wood pellet boiler manufactured by Kraft und Wärme aus Biomasse Gesellschaft mit Beschränkter Haftung, Industriestrasse 235 8321 St. Margarethen/Raab, Austria, 8321 Instruction manual reference “ BA Multifire 06.2010” dated June 2010 Wood chips and wood pellets KWB TDS Powerfire 130, 240 and 300 manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A-8321 St. Margarethen an der Raab The manufacturer’s instructions dated 14th May 2008, reference BA TDS-05.2008, including specification of recommended fuels Wood pellets or wood chips KWB TDS Powerfire 150 manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A-8321 St. Margarethen an der Raab The manufacturer’s instructions dated August 2005, reference BA TDS–0805 Wood pellets or wood chips Lin-ka H1500 Hot Water Boiler fitted with either a mono-cyclone (type LIN-KA 2000) or a multi-cyclone (type LIN-KA 3x2) manufactured by LIN-KA Maskinfabrik A/S, Nylandsvej 38 DK-6940 Lem St. Denmark Instruction manual reference “LIN-KA H 1500 Hot Water Manual/Ver. 2005/Rev. 1.10” dated 27/01/2010 Wood Pellets of maximum diameter 8mm The Little Thurlow Smoke Control Wood Burning Stove manufactured by Town & Country Fires Limited, 1 Enterprise Way, Thornton Road Industrial Estate, Pickering, North Yorkshire, YO18 7NA Town and Country Fires’ operating instructions dated 30th June 2007, issue No. 3 Seasoned logs of less than 20% moisture and of a maximum length of 350mm Little Wenlock Classic SE Wood Fuel Stove manufactured by Aga, Station Road, Ketley, Telford, Shropshire, TF1 5AQ Operating instructions dated 19th December 2008, reference N00471AXX Rev 001 DP081219 Dry and split wood logs of a maximum length of 25 cm and a maximum diameter of 10 cm Lotus Liva 1, Liva 2, Liva 3 and Liva 4G Stoves manufactured by Lotus Heating Systems A/S, Agertoften 6, 5550 Langeskov, Denmark Instruction manual “Mounting and User Instructions Lotus-Liva series Stoves” Version 4 dated January 2010 Wood logs Lotus Sola, Sola S, Sola M and Sola MST Stoves manufactured by Lotus Heating Systems A/S Agertoften 6, 5550 Langeskov, Denmark Instruction manual “Mounting and User Instructions Lotus-Sola series Stoves” Version 2 dated January 2010. Wood logs The Løvenholm manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Løvenholm Multifuel stove installation and operation manual version 07/08 Untreated dry wood with a maximum moisture content of 20% The Løvenholm, Løvenholm Traditional, Løvenholm European, Løvenholm Pedestal stoves manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, UK EX5 4RJ Løvenholm Multifuel stove installation and operation manual version 06/09 Untreated dry wood with a maximum moisture content of 20% Loxton 3 stoves manufactured by Mendip Stoves Limited, Unit H1, Mendip Industrial Estate, Mendip Road, Rooksbridge, Somerset, BS26 2UG Instruction manual reference “Mendip Stoves Ltd, 2012, ver 3,” dated July 2012. A permanent stop to fix the secondary air control such that it cannot be closed more than 25% open must be implemented Wood logs Loxton 5, Churchill 5 and Sqabox Uno stoves manufactured by Mendip Stoves Limited, Unit H1, Mendip Industrial Estate, Mendip Road, Rooksbridge, Somerset, BS26 2UG Instruction manual reference “Mendip Stoves Ltd, 2012, ver 3” dated July 2012. A permanent stop such that the secondary air ‘closed position’ results in a 2.5mm gap in the two secondary air openings must be implemented Wood logs Loxton 6, Loxton 8, Churchill 6, Churchill 8 and Sqabox Duo stoves manufactured by Mendip Stoves Limited, Unit H1, Mendip Industrial Estate, Mendip Road, Rooksbridge, Somerset, BS26 2UG Instruction manual reference “Mendip Stoves Ltd, 2012, ver 3” dated July 2012. A permanent stop on the secondary air control such that it cannot be closed more than 35% open must be implemented Wood logs Ludlow Wood Burning Smoke Exempt Stove (Ludlow Stove SE) manufactured by Aga Station Road, Ketley Telford Shropshire. TF1 5AQ Instruction manual references “N00529AXX REV:001” dated 13th July 2011 Dry wood Logs Marvic Multifuel Cassette (inset) roomheater. Manufactured by Wanders Fires & Stoves, Amtweg 4, Netterden, NL-7077 AL, Netherlands Instruction manual reference “INK.00.7927” dated 20th December 2011. All appliances must be fitted with a modification to the secondary air control to ensure that the air supply holes remain 3mm open. Wood logs MEG 4.5 (also known as the Sirius 450) manufactured by Meg Stoves, FE Robinson (Hooton) Ltd, Station Works, Hooton Road, Hooton South Wirral CH66 7NF Instruction manual references ‘Meg Solid Fuel Stoves manual (107)’ dated 28th January 2011 Wood logs Meg 5.0 stove and Sirius 600 inset stove manufactured by F.E Robinson (Hooton) Ltd, Station Works, Hooton Road, Hooton, South Wirral. CH66 7NF Instruction manual reference “Manual Version 1.3” dated 27/07/2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 10mm open position when sold into smoke control areas. Wood Logs MEG 7.5 (also known as the Sirius 750) manufactured by Meg Stoves, FE Robinson (Hooton) Ltd, Station Works, Hooton Road, Hooton South Wirral CH66 7NF Instruction manual references ‘Meg Solid Fuel Stoves manual (107)’ dated 28th January 2011 Wood logs Mendip SE Wood Burning 5kW Space Heating Stove manufactured by TR Engineering Limited, Unit 7, Newton Chambers Way, Thorncliffe Industrial Estate, Chapeltown, Sheffield. S35 2PH Instruction manual reference “700273 Iss. 2 Rev. 1” dated January 2012. Wood logs Mendip SE Wood Burning 8kW Space Heating Stove manufactured by TR Engineering Limited, Unit 7, Newton Chambers Way, Thorncliffe Industrial Estate, Chapeltown, Sheffield. S35 2PH Instruction manual reference “700275 Iss. 2 Rev. 1” dated January 2012. Wood logs Mescoli PB50
Mescoli PB35
Mescoli PB28
Manufactured by MESCOLI CALDAIE S.rI. Caldaie – Termocucine Via del Commercio, 285 4 1058 Vignola (MO) Italy.
Instruction and Installation manual reference “SY315EVO P,C,B – COMBIFIRE 2 PB28/35/50 BOILERS” Edition 1.7 dated January 2006 Wood Pellets following ÖNORM M7 135 or DIN plus (DIN 51731) Micromet MEG 4.5 stove (also known as the Sirius 450) manufactured by Micromet 125 Bridge St Birkenhead Merseyside CH41 1BD Instruction manual references “Micromet Solid Fuel Stoves Manual (24)” dated 16th June 2010 Dry Wood logs Micromet MEG 7.5 stove (also known as the Sirius 750) manufactured by Micromet 125 Bridge St Birkenhead Merseyside CH41 1BD Instruction manual references “Micromet Solid Fuel Stoves Manual (24)” dated 16th June 2010 Dry Wood logs Milan Series 4 manufactured by Chesney’s Ltd, 194-200 Battersea Park Road, London SW11 4ND Instruction manual references ‘CH4K Milan-V2’ dated 18 th November 2010. The appliance must be fitted with a system to prevent closure of the air control beyond the 25mm open position. Wood logs Milan Series 6 manufactured by Chesney’s Ltd, 194-200 Battersea Park Road, London SW11 4ND Instruction manual references ‘CH6K Milan-V2’ dated 18th November 2010. The appliance must be fitted with a system to prevent closure of the air control beyond the 40mm open position. Wood logs Monaco multifuel Stove, Staub Fonderie-Franco Belge model 1340605 manufactured by Staub Fonderie-Franco Belge, Rue Orphee Variscotte, BP73 59660 Merville, France Instruction manual references ‘1303 -1’ dated 4th May 2010. Appliances must be fitted with a mechanical stop to prevent closure of the secondary air control beyond 4mm from closed. Wood logs Monterrey 6 , York Midi Serrano 5 manufactured by Broseley Fires Ltd, Knights Way, Battlefield Enterprise Park, Shrewsbury, Shropshire, SY1 3AB Instruction manual references “09TJD” dated January 2010.
The appliance must be fitted with a system that prevents the closure of the secondary air flaps to less than 8mm open position.
Wood logs MORSØ-Ø4 manufactured by MORSØ Limited, Unit 7- io centre Valley Drive, Swift Valley, Rugby, Warwickshire, CV21 1TW Instruction manual references
“Ø- Collection” dated 1st February 2010 and instruction manual “72000400” dated 1st February 2010.
Applies to units manufactured after 01 February 2010
Wood logs The Morsø 1400 series consisting of the 1412 and 1442 manufactured by Morsø Jernstøberi A/S DK-7900 Nykøbing, Mors, Denmark Installation and operation manual dated 10th January 2008, reference 72146800 Wood logs with a maximum moisture content of 20% Morsø 1416, 1418, 1446 and 1448 4 kW stoves manufactured by Morsø UK Limited, Unit 7 The io Centre, Valley Drive, Swift Valley, Rugby, CV21 1TW Instruction manual reference, “Morsø 1416, 1418, 1446 & 1448. Instruction for Installation and use” dated 31st January 2012. Part No: 72150000. Wood Logs The Morsø 3100 series consisting of the 3112 and 3142 models manufactured by Morsø Jernstøberi A/S DK-7900 Nykøbing, Mors, Denmark Installation and operation manual dated 4th February 2008, reference 72311200 Wood logs with a maximum moisture content of 20% The Morsø 6140 and 6148 manufactured by Morsø Jernstøberi A/S DK-7900 Nykøbing, Mors, Denmark Installation and operation manual dated 4th September 2007, reference 72610400 Wood logs with a maximum moisture content of 20% Morsø Model 7600 including Model 7642, 7644 and 7648 stoves manufactured by Morsø Limited, UK distribution by Morsø UK limited, Unit 7, The io Centre, Valley Drive, Swift Valley, CV21 1TW Instructions for installation and use 7600 reference “72762200” dated 14.07.2010. The air control on UK models has been altered such that this equates to an increased minimum open position. Reference drawings Morsø 7600-137, 7600-138, 7600-139, 7600-140 and 7600-141 Wood logs with a maximum moisture content of 20% The Morsø Owl 3410, 3420 and 3440 for wood burning manufactured by manufactured by Morsø Jernstøberi A/S DK-7900 Nykøbing, Mors, Denmark The manufacturer’s instructions dated 1st January 2000, reference 72345600 Untreated dry wood which has been split, stacked and air dried, or air dried wood briquettes Morsø S11-40, S11-42, S11-43 and S11-90 4 kW stove manufactured by Morsø UK Limited, Unit 7 The io Centre, Valley Drive, Swift Valley, Rugby, CV21 1TW Instruction manual reference, “Morsø S11 serien. Instruction for Installation and use” dated 31st January 2012. Part No: 72114200. Wood Logs Morsø S10-40 5 kW stove manufactured by Morsø UK Limited, Unit 7 The io Centre, Valley Drive, Swift Valley, Rugby, CV21 1TW Instruction manual reference, “Morsø S10. Instruction for Installation and use” dated 31st January 2012. Part No: 72104000. Wood Logs Morsø S10-70 5 kW stove manufactured by Morsø UK Limited, Unit 7 The io Centre, Valley Drive, Swift Valley, Rugby, CV21 1TW Instruction manual reference, “Morsø S10-70. Instruction for Installation and use” dated 31st January 2012. Part No: 72103000. Wood Logs Morsø S81-90 4 kW stove manufactured by Morsø UK Limited, Unit 7 The io Centre, Valley Drive, Swift Valley, Rugby, CV21 1TW Instruction manual reference, “Morsø S81-90. Instruction for Installation and use” Dated 30th January 2012. Wood Logs Nestor Martin C23 multifuel stove (7.7 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1213 Edition B” and dated June 2010. Untreated dry wood Nestor Martin C33 multifuel stove (9.2 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1213 Edition B” and dated June 2010. Untreated dry wood Nestor Martin D33 multifuel stove (8 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1213 Edition B” and dated June 2010. Untreated dry wood Nestor Martin ‘Harmony’ H13 multifuel stove (5 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1116 Edition D5” and dated June 2010.
The minimum air bleed flap must be set at a minimum of 14.5mm
Untreated dry wood Nestor Martin ‘Harmony’ H23 (6 kW) and H33 (8 kW) multifuel stoves manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1116 Edition D5” and dated June 2010. Untreated dry wood Nestor Martin IN13 Insert multifuel stove (5 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1214 Edition B” and dated June 2010.
The minimum air bleed flap must be set at a minimum of 14.5mm
Untreated dry wood Nestor Martin ‘Stanford’ S13 multifuel stove (3.5 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1116 Edition D5” and dated June 2010.
The minimum air bleed flap must be set at a minimum of 14.5mm
Untreated dry wood Nestor Martin ‘Stanford’ S23 (6 kW), SP23 (6 kW), S33 (8 kW) and SP33 (8 kW) multifuel stoves manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1116 Edition D5” and dated June 2010. Untreated dry wood The Nestor Martin R23 multifuel Stove (6 kW) manufactured by Nestor Martin, S A 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operational instructions. Reference: “IN1141 Edition B” and November 2006. Untreated dry wood Nestor Martin IT13 multifuel stove (3.5 kW) manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1180 Edition D1” and dated June 2010.
The minimum air bleed flap must be set at a minimum of 14.5mm
Untreated dry wood Nestor Martin R33 (8 kW) multifuel stove manufactured by Nestor Martin S.A., 11 Rue De Lion, B-5660, Frasnes Les Couvin, Belgium. Euroheat Distributors (HBS) Limited’s operation Instructions Reference: “IN1116 Edition D” and dated January 2007. Untreated dry wood Newark EGTL05 manufactured by Elite Group Trading Limited, Room 1208 Kak Tak, Commercial Building 317-319 Des Voeux Road,Central Hong Kong 999077 Instruction manual references “EGTL05 Version 1.4” dated 5 th July 2011. The appliance must be fitted with a permanent stop to prevent any closure of the tertiary air control Wood Logs Newton SE Wood Burning 5kW Space Heating Stove manufactured by TR Engineering Limited, Unit 7, Newton Chambers Way, Thorncliffe Industrial Estate, Chapeltown, Sheffield. S35 2PH Instruction manual reference “700504 Iss. 2 Rev 1” dated January 2012. Wood logs Newton SE Wood Burning 8kW Space Heating Stove manufactured by TR Engineering Limited, Unit 7, Newton Chambers Way, Thorncliffe Industrial Estate, Chapeltown, Sheffield. S35 2PH Instruction manual reference “700506 Iss. 3 Rev. 2” dated January 2012. Wood logs Nordic 350 stove manufactured by C DE A Ingenieria Ltda, Jose Miguel Carrera 6, Colina, Santiago, 9361294, Chile. Instruction manual reference number “1001” dated 20/07/2012 Wood logs Nørreskoven MkII manufactured for Hunter Stoves Ltd, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon EX5 4RJ Instruction manual references ‘Cleanburn, Nørreskoven MkII multifuel stove installation and operating instructions, v01.11’ dated January 2011. The appliance must be fitted with stop to prevent closure of secondary air control beyond 40% Wood logs Norvik 5 manufactured by Elite Group Trading Limited, Room 1208 Kak Tak, Commercial Building 317-319 Des Voeux Road,Central Hong Kong 999077 Instruction manual references “EGTL05A Version 1.5” dated 12th September 2011. The appliance must be fitted with a permanent stop to prevent any closure of the tertiary air control Wood Logs Octoplus 10 and Octoplus 15 Boiler manufactured by Solarfocus, Werkstrasse 1 4451 St. Ulrich, Steyr, Austria Installation instructions version 1.1 dated 19 th April 2010. Operating manual version 10.051 dated 10th May 2010 Wood logs ÖkoFEN Pellematic PE08, PE12, PE16, PE20, PE25, PE32, PEK12, PEK16, PEK20, PEK25, PEK32, PES12, PES16, PES20, PES25, PES32, PESK12, PESK16, PESK20, PESK25 and PESK32 manufactured by ÖkoFEN Forschungs- und Entwicklungs Ges.m.b.H of Gewerbepark 1, 4133 Niederkappel, Austria ÖkoFEN operation instructions dated February 2007, reference PE/HB/001.E Wood pellets of maximum diameter 6 mm and maximum length 4 cm ÖkoFEN Pellematic PE36, PE48, PE56, PESK36, PESK48, PESK56, PEK36, PEK48, PEK56, PES36, PES48 and PES56 manufactured by ÖkoFEN Forschungs- und Entwicklungs Ges.m.b.H of Gewerbepark 1, 4133 Niederkappel, Austria ÖkoFEN operation instructions reference PBV 2000 CMP 1.4 (V2.31) and with revision dated March 2008 Wood pellets of maximum diameter 6 mm and maximum length 4 cm Olymberyl Baby Gabriel model number HF217-SE. UK Distribution by Hi-Flame Limited, Unit 7B Holmes Chapel Business Park Manor Lane Holmes Chapel Cheshire CW4 8AF Instruction manual references “HF217-SE/UK-NI-ROI/V2.16-06-11” Dated June 2011. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 3mm open position Wood Logs Optifire 800 Green, Infire 800 Green, Wood Burning Stoves, Manufactured by Bodart & Gonay Limited, Rue De Lambinon, 3 Harze, Belgium, 4920 Instruction manual reference “07DH8000A” dated 11/11. The appliance must be fitted with a “UK kit for smokeless areas OPTI IF 800”. Wood Logs The Orchard Ovens models: FVR Speciale 80, 100, 110, 110 x 160 and 120; TOP Superiore 100 and 120; GR 100, 120, 140, 120 x 160, 140 x 160, 140 x 180 and 180; OT 100, 120, 140, 120 x 160, 140 x 160, 140 x 180 and 180; the Valoriani Piccolo, all of which are manufactured by Valoriani of Via Caselli alla Fornace, 213, 50066 Reggello, Firenze, Italy The manufacturer’s instructions dated 25th October 2004, references: Untreated dry wood Instruction Model OOLinst. 1 FVR 80 OOLinst. 2 FVR 100 OOLinst. 3 FVR 110 OOLinst. 4 FVR 120 OOLinst. 5 FVR 110 x 160 OOLinst. 6 TOP 100 OOLinst. 7 TOP 120 OOLinst. 8 GR 100 and OT
100
OOLinst. 9 GR 120 and OT 120 OOLinst. 10 GR 140 and OT 140 OOLinst. 11 GR 120 x 160 and OT 120 x 160 OOLinst. 12 GR 140 x 160 and OT 140 x 160 OOLinst. 13 GR 140 x 180 and OT 140 x 180 OOLinst. 14 GR 180 and OT 180 OOLinst. 15 Valoriani Piccolo Oregon EGTL03 manufactured by Elite Group Trading Limited, Room 1208 Kak Tak Commercial Building 317-319 Des Voeux Road, Central Hong Kong 999077 Instruction manual references “EGTL03 Version 1.3” dated 5th July 2011 Wood Logs Osby Parca PB2 2000 kW boiler manufactured by Enertech AB, Osby Parca Division, PO Box 93, SE-283 22 Osby, Sweden Operating & Maintenance manual, PB2 boiler reference “manual PB2_ENG_Rev2_JAN2012” dated Jan 2012. Wood pellets Osby Parca PB2 3000 kW boiler manufactured by Enertech AB, Osby Parca Division, PO Box 93, SE-283 22 Osby, Sweden Operating & Maintenance manual, PB2 boiler reference “manual PB2_ENG_Rev2_JAN2012” dated January 2012. Wood pellets, wood chips, wood briquettes Parkray Caprice 4 manufactured by, Hunter Stoves Limited, Unit 6, The Old Mill Industrial Estate, Stoke Canon, Exeter, Devon, EX5 4RJ Instruction manual reference “JINCAP04 Rev E” dated 2nd December 2011, and instruction manual “JINCAP04SCK revB” dated 5th December 2011. The appliance must be fitted with “smoke control area kit JCAP0401”. Wood Logs Parkray Consort 5 Compact manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual references “JINCNC05 revC” dated 22nd September 2011 and “JINCND05&CNC05 Slider Stop revA” dated 22nd July 2011.The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Wood logs Parkray Consort 5 manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual references “JINCND05 revC” dated 22nd September2011 and “JINCND05&CNC05 Slider Stop revA” dated 22/07/11, The appliance must be fitted with a permanent stop that prevents closure of the secondary air slider beyond 30% open. Wood logs Parkray Consort 5 Slimline manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual reference “JINHHW05 revC” dated 22nd September 2011. Wood logs Parkray Consort 7 manufactured by Hunter Stoves Limited, Unit 6, Old Mill Industrial Estate, Stoke Canon, Devon, EX5 4RJ Instruction manual reference, “JNCS07 revC” dated 22nd September 2011. Wood logs Pelle 5kW stove, Vidar Small 5kW stove and Vidar Medium 7.6kW stove manufactured by Dik Geurts Haardkachels BV, Industrieweg Oost 11, 6662 NE Elst (Gld), The Netherlands Instruction manual reference “8900009004” dated July 2011 Dry wood logs Pelle 5kW stove, Vidar Small 5kW stove and Vidar Medium 7.6kW stove manufactured by Dik Geurts Haardkachels BV, Industrieweg Oost 11, 6662 NE Elst (Gld), The Netherlands Instruction manual reference “8900009004” dated July 2011 Dry wood logs Pelletstar 10, 20, 30, 45 and 60 manufactured by HERZ Armaturen Ges.m.b.H, Geschäftsbereich HERZ Feuerungstechnik, A-8272 Sebersdorf 138, Austria Operating instructions dated November 2007, reference V2.2 Wood pellets corresponding to ÖNORM M7135 of 6 mm diameter PelletTop 15 and PelletTop 25 Boiler manufactured by Solarfocus, Werkstrasse 1 4451 St.Ulrich, Steyr, Austria Installation instructions version 020905 dated 2nd September 2005. Operating manual version 270906 dated 27th September 2006 Wood pellets Pevex Bohemia X 30, X 40, X40 Cube, X 50 and X 60 multi-fuel stoves manufactured by Pevex Enterprises Limited, Unit 16 Seven Acres Business Park, Newbourne Road, Waldringfield Nr Woodbridge, IP12 4PS Instruction manual references ‘AH/Ver3’ dated July 2010 Dry wood logs Pevex Bohemia X 40 Inset multi-fuel appliance manufactured by Pevex Enterprises Limited, Unit 16 Seven Acres Business Park, Newbourne Road, Waldringfield, Nr Woodbridge, IP12 4PS Instruction manual references “Pevex1004/AH/ver2/” and dated June 2011. The appliance must be fitted with permanent stops that ensure the primary and tertiary air controls do not close beyond 0.5cm open and 2cm open positions respectively. Dry wood logs Pevex Serenity 40D inset multi-fuel appliance manufactured by Pevex Enterprises Limited, Unit 16 Seven Acres Business Park, Newbourne Road, Waldringfield, Nr Woodbridge, IP12 4PS Instruction manual references “Pevex1003/AH/ver2” and dated June 2011. The appliance must be fitted with permanent stops that ensure the secondary and tertiary air controls do not close beyond 1.1cm open and 2cm open positions respectively. Dry wood logs Portway 1 Stove manufactured by BFM Europe Limited, Trentham Lakes, Stoke on Trent, Staffordshire, ST4 4TJ Instruction manual referenced: ‘Solid Fuel Stoves Manual issued - 20/08/2009 (291) 2’
The appliance must be used with a modification to the secondary air slide which inhibits closure further than the 25mm from the left position.
Wood logs Portway 2 and 3 Stoves manufactured by BFM Europe Limited, Trentham Lakes, Stoke on Trent, Staffordshire, ST4 4TJ Instruction manual referenced: ‘Solid Fuel Stoves Manual issued - 20/08/2009 (291) 2’.
The appliance must be used with a modification to the secondary air slide which inhibits closure further than the 20mm from the left position.
Wood logs Portway Inset Stove manufactured by BFM Europe Limited, Trentham Lakes, Stoke on Trent, Staffordshire, ST4 4TJ Instruction manual referenced: ‘Solid Fuel Stoves Manual issued - 20/08/2009 (291) 2’.
A modification of the secondary air control must be implemented such that the 20mm from left position is maintained during use. In addition the primary air control must be modified such that the minimum setting allows a bleed of air to pass through
Wood logs Pyroclassic IV manufactured by Pyroclassic Fires Limited, PO Box 28150, Havelock North 4157, Hawke Bay, New Zealand Instruction manual reference “PYROS 04” dated August 2011. Wood Logs PZ 65 RL and PZ 100 RL pellet boilers manufactured by Biotech Energietechnik GmbH, Furtmühlstrasse 32, A-5101 Bergheim bei Salzburg Instruction manual reference “Assembly instruction – Instruction manual – servicing & cleaning PZ65RL/PZ100RL/PZ101RL” dated July 2012. Reference BTMoBeWe ENG Wood Pellets The Quadra-Fire 2100 Millennium Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA The manufacturer’s instructions dated 9th October 2003, reference 250–6931B Dry cured untreated wood of maximum size 38.1 cm x 10.16 cm x 5.08 cm The Quadra-Fire Cumberland Gap Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA The manufacturer’s instructions dated 8th July 2003, reference 7006–186 Dry cured untreated wood of maximum size 43.18 cm x 10.16 cm x 10.16 cm The Quadra-Fire Yosemite Freestanding Wood Burning Stove manufactured by Hearth & Home Technologies 1445 North Highway, Colville, WA 99114, USA The manufacturer’s instructions dated 4th June 2003, reference 7004–187 Dry cured untreated wood of maximum size 38.1 cm x 10.16 cm x 5.08 cm Rais 2:1 inset stove manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual reference “USER MANUAL Rais 2:1 Revision 2”. Dated December 2009. Part number 9106510 Wood Logs Rais 700 inset stove manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual reference “USER MANUAL Rais 700 Revision 0” dated 2010 Wood Logs Rais Epoca, Rais Poleo 95 and Rais Poleo 106 stoves manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual reference “USER MANUAL Rais Poleo 95 & Rais Poleo 106 Rais Epoca Revision 1” dated December 2009. Part number 2106510 Wood Logs Rais Rondo Classic and Rais Mino II stoves manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual reference “USER MANUAL Rais Rondo & Rais Mino II revision 2” dated March 2008. Part number 5056510 Wood Logs Rais Rondo 92 and Rais Rondo 120 stoves manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual reference “USER MANUAL Rais Rondo 92 & Rais Rondo 120 revision 2” dated December 2009. Part number 4076510 Wood Logs RAIS Q-Tee 57 manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual references “Manual for RAIS Q-Tee Revision 1” dated 28th June 2011 and Supplementary instructions Rais Q-Tee dated 7th July 2011. The appliance must be fitted with a mechanical stop to prevent air control closure beyond the 11.7mm open position Dry wood Logs RAIS Q-Tee 65 manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual references “Manual for RAIS Q-Tee Revision 1” dated 28th June 2011 and Supplementary instructions Rais Q-Tee dated 7th July 2011. The appliance must be fitted with a mechanical stop to prevent air control closure beyond the 11.7mm open position Dry wood Logs RAIS Q-Tee 85 manufactured by Rais A/S Industrivej 20, 9900, Frederikshavn, Denmark Instruction manual references “Manual for RAIS Q-Tee Revision 1” dated 28th June 2011 and Supplementary instructions Rais Q-Tee dated 7th July 2011. The appliance must be fitted with a mechanical stop to prevent air control closure beyond the 11.7mm open position Dry wood Logs RAIS VI VA 98, RAIS VIVA 98G, RAIS VIVA 120, RAIS VIVA 120G, RAIS RINA 90 Wood Burning Stoves, manufactured by Rais A/S, Industrivej 20, Vangen, DK – 9900, Frederikshavn, Denmark Instruction manual reference “Manual for RAIS Rina, RAIS Viva” dated 29th August 2011 and instruction manual “Supplementary Instructions Rais” dated 27th September 2011. The appliance must be fitted with a mechanical stop to prevent closure of the air damper beyond the 8.5mm open position. Wood Logs Redfyre Kensal 20 Flat top (product code RF-EN20M), Redfyre Kensal 33 Flat top (product code RF-KEN33M and RF-KEN33W) manufactured by Redfyre Cookers, Osprey Road, Sowton Industrial Estate, Exeter, Devon, EX2 7JG The manufacturer’s instruction manual dated July 2008, reference PM 247 Issue 1, and instruction manual dated January 2009, reference PM280 Issue 1 Untreated dry wood A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position Rika Como pellet stove manufactured by RIKA Innovative Ofentechnik GmbH, Müllerviertel 20, AT - 4563 Micheldorf. Austria. Instruction manual references “IN1226 Edition 1” dated June 2011 6mm wood pellets Rika Evo Aqua 9 and 15 manufactured by SHT Heiztechik aus Salzburg GmbH, Rechtes Salzachufer 40, A-5101, Salzburg-Bergheim, Austria Instruction manual references ‘J18/HB’ dated 27th February 2009 6mm wood pellets Rika Memo pellet stove manufactured by RIKA Innovative Ofentechnik GmbH, Müllerviertel 20, AT - 4563 Micheldorf. Austria. Instruction manual references “IN1228 Edition 1” dated June 2011 6mm wood pellets Rika Pico pellet stove manufactured by RIKA Innovative Ofentechnik GmbH, Müllerviertel 20, AT - 4563 Micheldorf. Austria. Instruction manual references “IN1230 Edition 1” dated June 2011 6mm wood pellets Rika Revo pellet stove manufactured by RIKA Innovative Ofentechnik GmbH, Müllerviertel 20, AT - 4563 Micheldorf. Austria. Instruction manual references “ IN1229 Edition 1” dated June 2011 6mm wood pellets Rika Tema 6kW stove manufactured by Rika Innovative Ofentechnik GmbH, Müllerviertel 20, AT - 4563 Micheldorf, Austria Instruction manual reference “IN1218 Edition 2” dated January 2012. Wood logs Rika Topo pellet stove manufactured by RIKA Innovative Ofentechnik GmbH Müllerviertel 20, AT - 4563 Micheldorf. Austria. Instruction manual references “ IN1227 Edition 1” dated June 2011 6mm wood pellets Riva 40 Cassette 4.9kW stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM235 Issue 2 dated August 2009 and smoke control kit instruction manual PM375 Issue 2 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs Riva 40 Freestanding, Riva 40 Avanti, Riva 40 Avanti Midi and Riva 40 Avanti Highline 4.9kW stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM226 Issue 2 dated August 2009 and smoke control kit instruction manual PM375 Issue 2 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs Riva 45 Cassette (model numbers RV45 & RV45B) inset wood burning stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon. EX2 7LF Instruction manual references “PM375 Issue 5” dated June 2012 and “PM235 Issue 5” dated June 2012. A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position Wood Logs Riva 50 Cassette (model numbers RV50 & RV50B) inset wood Burning Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon. EX2 7LF Instruction manual references “PM375 Issue 5” dated June 2012 and “PM235 Issue 5” dated June 2012. A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position and the primary air control fixed to allow a bleed of air to enter the firebox from underneath the grate Wood Logs Riva 55 Cassette, Riva 66 cassette, Riva 66 Avanti cassette stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM235 Issue 2 dated August 2009 and smoke control kit instruction manual PM375 Issue 2 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position and the primary air control fixed to allow a bleed of air to enter the firebox from underneath the grate
Wood logs Riva 55 Avanti Midi and Riva 66 Freestanding 8 kW stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM226 Issue 2 dated August 2009 and smoke control kit instruction manual PM375 Issue 2 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position and the primary air control fixed to allow a bleed of air to enter the firebox from underneath the grate
Wood logs Riva Plus Small (5 kW), Midi (6.5kW) and Medium (8 kW) Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM231 Issue 3 dated June 2009 and smoke control kit instruction manual PM402 Issue 1 dated November 2009. A permanent stop must be positioned to prevent closure of the secondary air control below the 25% open position Wood logs Riva Studio 1 (5kW) freestanding wood stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM452 Issue 1 dated June 2010 and smoke control kit instruction manual PM400 Issue 3 dated June 2010. A permanent stop must be positioned to prevent closure of the secondary air control below the 45% open position and the primary air control fixed to prevent full closure to allow a bleed of air to enter the firebox at the base of the fuel bed Wood logs Riva Studio 2 (8kW) freestanding wood stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM452 Issue 1 dated June 2010 and smoke control kit instruction manual PM400 Issue 3 dated June 2010. A permanent stop must be positioned to prevent closure of the secondary air control below the 25% open position and the primary air control fixed to prevent full closure to allow a bleed of air to enter the firebox at the base of the fuel bed Wood logs Riva Studio 1 Cassette (5 kW) Stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM274 Issue 2 dated October 2009 and smoke control kit instruction manual PM400 Issue 1 dated November 2009.
A permanent stop must be positioned to prevent closure of the secondary air control below the 45% open position and the primary air control fixed to prevent full closure to allow a bleed of air to enter the firebox at the base of the fuel bed
Wood logs Riva Studio 2 Cassette (8 kW) Stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM274 Issue 2 dated October 2009 and smoke control kit instruction manual PM400 Issue 1 dated November 2009.
A permanent stop must be positioned to prevent closure of the secondary air control below the 25% open position and the primary air control fixed to prevent full closure to allow a bleed of air to enter the firebox at the base of the fuel bed
Wood logs Riva Vision Medium (8 kW) Multifuel Stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM278 Issue 2a dated October 2009 and smoke control kit instruction manual PM401 Issue 1 dated January 2010. A permanent stop must be positioned to prevent closure of the secondary air control below the 25% open position Wood logs Riva Vision Small (5 kW) and Riva Vision Midi (6.5 kW) Multifuel Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM278 Issue 2a dated October 2009 and smoke control kit instruction manual PM401 Issue 1 dated January 2010. A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position Wood logs Rosedale Inset Smoke Control inset roomheater manufactured by Town and Country Fires Limited, Unit 1 Enterprise Way, Thornton Road Industrial Estate, Pickering, North Yorkshire, YO18 7NA Instruction manual reference “Issue No. 04” dated 11th January 2012. Fitted with a mechanical stop to prevent secondary air control closure beyond the 30% open position when sold into smoke control areas. Wood Logs Rosedale SC Multifuel Stove manufactured by Town & Country Fires Limited, 1 Enterprise Way, Thornton Road Industrial Estate, Pickering, North Yorkshire, YO18 7NA Rosedale Smoke Control Stove Installation and User Instructions “Issue 1” dated 1st May 2010.
The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 50% open position when sold into smoke control areas.
Wood logs with a maximum moisture content of 20% Royal Klima 18 Idro wood pellet stove boiler manufactured by Palazzetti Lelio S.p.A, Via Roveredo 103, Porcia (PN), 33080, Italy Instruction manual reference “cod. 0047700880” dated September 2011 and supplementary information “Clean Air Act 1993 and Smoke Control Areas” reference 004723000 dated January 2012. Wood pellets Saltfire Ecoview 5, Fireglow Eco 5, and Ecowarm Crystal 5 stoves (also known as Ekol Crystal 5). Manufactured by Saltfire Stoves Limited, Station Works, John’s Road, Wareham, BH20 4BG Instruction manual reference “Evoview5 Manual 1.0” dated 15/12/2011. The appliance must be fitted with a mechanical stop to prevent closure of the tertiary air beyond the 4mm open position. Wood Logs Saltfire Ecoview 12, Fireglow Eco 12, and Ecowarm Crystal 12 stoves (also known as Ekol Crystal 12). Manufactured by Saltfire Stoves Limited, Station Works, John’s Road, Wareham, BH20 4BG Instruction manual reference “Evoview12 Manual 1.0” dated 15th December 2011. The appliance must be fitted with a mechanical stop to prevent closure of the tertiary air control beyond the 4mm open position. Wood Logs Saltfire Oslo-Eco manufactured by Saltfire Stoves Ltd, Station Works, John’s Road, Wareham, BH20 4BG Instruction manual references ‘ECO7 operation-Revision 2A’ dated 24th January 2011 Wood logs San Remo 4SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “SR468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 5mm open must be implemented Wood logs San Remo 6SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland. Instruction manual reference “SR468SE” dated 25/07/12. The fitting of a system to prevent closure of the secondary air control beyond 75% from closed must be implemented. Wood logs San Remo 8SE stove manufactured by Heat Design, 30 Hawthorn Road, Western Industrial Estate, Naas Road, Dublin 12, Ireland Instruction manual reference “SR468SE” dated 25/07/12.The fitting of a system to prevent closure of the secondary air control beyond 25% from closed must be implemented. Wood logs Scan Andersen 4-5 manufactured by Krog Iversen & Co. A/S DK-5492 Vissenbjerg, Denmark The manufacturer’s Instruction manual dated 15th November 2007 entitled “Scan Andersen 4-5”, reference Edition 09/05-GB A permanent stop must be in place on the secondary air inlet to prevent closure beyond 20mm Untreated dry wood Scan DSA 7-5 wood-burning Inset roomheater manufactured by Scan A/S, PO Box 20, 5492 Vissenberg, Denmark Instruction manual “Instructions for installation and use : SCAN DSA 6 & DSA 7-5” Edition 17.09.2010 – GB, supplement “DSA 7-5 – UK smoke control areas” reference “DSA 7-5 SMOKE” dated 01/01/2012, and “instructions for installation (including directions for use and stoking)” reference “Edition 05.10.2010 – GB”. Appliance must be fitted with a mechanical stop to prevent closure of the air wash control lever beyond the 50% open position. Wood Logs Scan Ild 1 and 4 stoves manufactured by Scan A/S, Glasvaenget 3-9, 5492 Vissenbjerg, Denmark Instruction manual references “11.1c” dated February 2012. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 83mm open position. Wood logs Scan Ild 2 and 5 stoves manufactured by Scan A/S, Glasvaenget 3-9, 5492 Vissenbjerg, Denmark Instruction manual references “11-1d” dated February 2012. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 83mm open position. Wood logs Scan Warm 1 and 4 stoves manufactured by Scan A/S, Glasvaenget 3-9, 5492 Vissenbjerg, Denmark Instruction manual references “11-1a” dated February 2012. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 83mm open position. Wood logs (1) Scan Warm 2 and 5 stoves manufactured by Scan A/S, Glasvaenget 3-9, 5492 Vissenbjerg, Denmark Instruction manual references “11-1b” dated February 2012. The appliance must be fitted with a mechanical stop to prevent closure of the secondary air control beyond the 83mm open position. Wood logs Schmid UTSK 180, 240, 300, 360, 450, 550, 700, 900, 1200, 1600kw manufactured by Schmid AG Wood Firing Systems PO Box 42 CH-8380 Eschikon “Instruction manual UTSK – ABC.22 – AME – S- PPU” Dated 25.09.2008 Where ABC is Model Number i.e. 180, 240, 300, 360, 450, 550, 700, 900, 1200, 1600 Wood Pellets or Wood Chips following CEN/TS 14961:2005 Schmid UTSL 30, 40, 50, 65, 80, 110, 150, kw Manufactured by Schmid AG Wood Firing Systems, PO Box 42, CH-8380 Eschikon Instruction manual references “Operating Manual Wooden Chips and Pellets Plant. Lignumat UTSL” dated 23.12.2004 Wood Pellets or Wood Chips following CEN/TS 14961:2005 Schmid UTSP 180, 240, 300kw Manufactured by Schmid AG, Wood Firing Systems, PO Box 42, CH-8380 Eschikon “Instruction manual UTSK – ABC.22 – AME – S- PPU” Dated 25.09.2008 Where ABC is Model Number i.e. 180, 240, 300. Wood Pellets following CEN/TS 14961:2005 Schmid UTSR, 150, 180, 240, 300, 360, 450, 550, 700, 900, kw Manufactured by Schmid AG, Wood Firing Systems, PO Box 42, CH-8380 Eschikon “Instruction manual UTSR – ABC.22 – AME – S-PPV” Dated 25.09.2008 where ABC is Model Number i.e. 150, 180, 240, 300, 360, 450, 550, 700, 900 Wood Pellets or Wood Chips following CEN/TS 14961:2005 Serrano 5 and Monterrey 6 Multi Fuel Stoves manufactured by Broseley fires Ltd, Knights Way, Battlefield Enterprise Park, Shrewsbury, Shropshire SY1 3AB Instruction manual references ‘TJ09C’ dated 21st December 2009. The appliance must be fitted with a system that prevents the closure of the secondary air flaps to less than 8mm open position. Wood logs Serrano 7 Multi Fuel Stove manufactured by Broseley fires Ltd, Knights Way, Battlefield Enterprise Park, Shrewsbury, Shropshire SY1 3AB Instruction manual references ‘TJ09C’ dated 21st December 2009. The appliance must be fitted with a system that prevents the closure of the secondary air flaps to less than 10mm open position. Wood logs Sirius 450 – see Micromet MEG 4.5 and MEG 4.5 stove Sirius 750 – see Micromet MEG 7.5 and MEG 7.5 stove Sirius Traditional Stove manufactured by Tianjin Focus Arts & Crafts Co, Industrial Area Gao Zhuangzi Village, Xin Zhuang Town, Jin Nan District, Tianjin, P.R. China 300350 Instruction and Operating Instruction manual reference “v173 of 09/11/2010” dated 09/11/2010. Wood logs Stockton 3 Flat top (product code 7118), Stockton 4 Flat top (product code 7101 and 7102), Stockton 5 Flat top (product code 7127) Stockton 5 midline (product code 7130), Stockton 6 Flat top (product codes 7100 and 7162), Stockton 6 Highline (product code 7117) and Stockton 7 Flat top (product codes 7120 and 7163) manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF The manufacturer’s instruction manual dated July 2008, reference PM227 ENG Issue 2, and instruction manual dated January 2009, reference PM271 Issue 2.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position
Untreated dry wood Stockton 5 Flat top (model number 7119), Stockton 5 Canopy (model number 7160) and Stockton 5 Midline (model number 7133) manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF The manufacturer’s instruction manual reference PM 176 – Issue 4.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position
Untreated dry wood Stockton 7 Inset Convector (product codes 7125F and 7125C) manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Manufacturer’s instruction manual dated May 2008, reference PM230 Issue 1, and instruction manual dated January 2009, reference PM281 Issue 1 Untreated dry wood A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position Stockton Milner (4.6 kW) inset stove – smoke control version - manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual reference PM416 Issue 1 (June 2010) and smoke control kit instruction manual PM501 Issue 1 (June 2010).
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs Stoven Mayfair SE & Stoven Kensington SE 5kw Wood Burning Stoves Manufactured by Ciang Stoves Limited, South Chuangye Road, (Hanling Industrial Estate), Beiguan Section, Anyang City, Henan Provence, China. 455000. Newman Fireplaces Limited’s Instruction manual reference “3-4” dated 27th November 2011.The appliance must be fitted with mechanical stops to prevent closure of the secondary air control beyond the 25% open position and the tertiary air beyond the 1mm open position. Wood Logs Strebel SRP TR 90, 90kW output pellet boiler manufactured by Strebel Ltd, 1f Albany Park, Camberley, Surrey GU16 7PB The Strebel SRP TR 90 pellet boiler installation manual reference ‘Installation and operation instructions for special pellet furnace’ version 09:2010 6mm diameter wood pellets Stretton Insert Smoke Exempt Wood Fuel Stove (Stretton Stove SE) manufactured by Aga Station Road, Ketley Telford Shropshire. TF1 5AQ Instruction manual references “N00530AXX REV:001” dated 12th July 2011 Dry wood Logs STU 195 and STU 975 biomass boilers manufactured by Hoval Limited, Northgate, Newark, Nottinghamshire, NG24 1 JN Instruction, operation and maintenance Instruction manual for STU wood-pellet fired hot water boiler skid assembly “STUman” dated May 2011 Wood Pellets Suprema, Mamy and Italy Hard Top manufactured by La Nordica Spa, Via Summano 104 M. Precalcino, 36030 Vicenza, Italy Instruction manual references ‘7095701 Rev.09’ dated 13th December 2010 Wood logs Talbott 150-CMH 150kW output Biomass Air Heater manufactured by Talbott’s Biomass Energy Systems Ltd, Tollgate Drive, Tollgate Industrial Estate, Stafford ST16 3HS Instruction manual for Talbott 150-CMH hand-fed Biomass Air Heater operating package reference ‘OM-150-CMH version 1’ dated January 2011 Softwood, hardwood, medium density fibreboard (MDF) or chipboard offcuts The Talbott’s Automatic Biomass Air Heaters models T1.5/A, T3/A, T5/A and TM/A formerly manufactured by Talbott’s Heating Ltd and now manufactured by Talbott’s Biomass Energy Systems Ltd, Tollgate Drive, Tollgate Industrial Estate, Stafford ST16 3HS Manufacturer’s Instructions reference ‘T/A JANUARY 1990’ Hardwood or softwood shavings or sawdust The Talbott’s Biomass Energy Models C1, C2, C3 and C4 formerly manufactured by Talbott’s Heating Ltd and now manufactured by Talbott’s Biomass Energy Systems Ltd, Tollgate Drive, Tollgate Industrial Estate, Stafford ST16 3HS Manufacturer’s Instructions dated August 1995 reference ‘Issue C1000/C/Range’ Chipboard, wood shavings or forestry chips The Talbott’s model T75, T150, T300 Biomass Air Heaters formerly manufactured by Talbott’s Heating Ltd and now manufactured by Talbott’s Biomass Energy Systems Ltd, Tollgate Drive, Tollgate Industrial Estate, Stafford ST16 3HS Manufacturer’s Instructions dated 1st January 1995 reference models T75, T150 and T300 ‘gen/sttech’ Wood offcuts, wood waste, pellets or chipboard The Talbott’s T500 Biomass Air Heater (afterburn model) formerly manufactured by Talbott’s Heating Ltd and now manufactured by Talbott’s Biomass Energy Systems Ltd, Tollgate Drive, Tollgate Industrial Estate, Stafford ST16 3HS Manufacturer’s instructions dated 1st January 1983 reference A10000. The afterburn cycle shall last not less than 25 minutes and must come into operation each time the loading door is opened. Wood offcuts, wood waste, pellets or chipboard Termosuprema Compact DSA manufactured by La Nordica Spa, Via Summano 104 M. Precalcino, 36030, Vicenza, Italy Instruction manual references ‘7095802 Rev. 06’ dated 1st January 2011 Therminator II 22 and Therminator II 30 Boiler manufactured by Solarfocus, Werkstrasse 1, 4451 St.Ulrich, Steyr, Austria Installation Instructions ‘Version 11/08/06’ dated July 2006. Operating Manual ‘V8.051’ dated September 2009. Maintenance Instructions ‘Ver 1st September 2006 dated 2006 Wood pellets Therminator II 27 and Therminator II 36 Boiler manufactured by Solarfocus, Werkstrasse 1, 4451 St.Ulrich, Steyr, Austria Installation Instructions ‘Version 11/08/06’ dated July 2006. Operating Manual ‘V8.051’ dated September 2009. Maintenance Instructions ‘Ver 1st September 2006 dated 2006 Wood logs Therminator II 40 Boiler manufactured by Solarfocus, Werkstrasse 1, 4451 St.Ulrich, Steyr, Austria Installation Instructions ‘Version 11/08/06’ dated July 2006. Operating Manual ‘V8.051’ dated September 2009. Maintenance Instructions ‘Ver 1st September 2006 dated 2006 Wood pellets or wood chips Therminator II 49 and Therminator II 60 Boiler manufactured by Solarfocus, Werkstrasse 1, 4451 St.Ulrich, Steyr, Austria Installation Instructions ‘Version 11/08/06’ dated July 2006. Operating Manual ‘V8.051’ dated September 2009. Maintenance Instructions ‘Ver 1st September 2006 dated 2006 Wood logs or wood pellets or wood chips Thornhill T3 small manufactured by Thornhill Eco Design Ltd 58/60 Winsheap, Canterbury, Kent CT1 3RS Instruction manual references ‘ED/11/05’ dated January 2011. The appliance must be fitted with an air plate that prevents the teriary air controller from closing more than 17mm and opening more than 45mm Wood logs Tiger SuperClean stove manufactured by Tiger stoves, Focus Arts & Crafts Co, Industrial Area Gao Zhuangzi Village, Xin Zhuang Town, Jin Nan District, Tianjin, P.R.China 300350 Instruction manual references “INSTALLATION AND OPERATING INSTRUCTIONS document v. 148” dated April 2010. Wood logs Turbhogar Alfa 80T and 65T, Turbhogar Beta 80T, Turbhogar Delta 80T and 65T, Turbhogar Lamda 80T and 65T, Turbhogar Sigma 80T and 65T, Turbhogar Omega 80T and Turbhogar Tau 80T and 65T fireplace inserts manufactured by Rofer and Rodi UK Ltd, Unit 10, Millennium Road, Airedale Business Centre, Skipton, North Yorkshire BD23 2TZ Manual of assembly and use referenced ‘RR 100920’ dated 20 th September 2010 and supplementary instruction manual ‘UK 100920’ of the same date. The appliance must be fitted with a system that prevents the full closure of the air control opening so that the air openings remain 3mm (30%) open at the minimum setting. Wood logs Twin Heat CS150i manufactured by TWIN HEAT A/S, Nørrevangen 7, DK-9631 Gedsted, Denmark Operating instructions dated 17th December 2008, reference Version 6.0.03 Wood pellets of a maximum length of 30 mm and diameter of 6 mm and conforming to CEN/TS 14961:2005 The Type USP wood pellet-fired boilers, model numbers USP-10, 15, 20, 25 and 30, manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A-8321 St. Margarethen an der Raab, Austria The manufacturer’s instructions dated 28th July 2003, reference BA–USP 0703 Wood pellets The Type USV wood pellet- and wood chipfired boilers, model numbers USV-15, 25, 30, 40, 50, 60, 80 and 100, manufactured by KWB – Kraft und Wärme aus Biomasse Gesellschaft mit beschränkter Haftung (GmbH) of Industriestrasse 235, A-8321 St Margarethen an der Raab, Austria The manufacturer’s instructions dated August 2003, reference BA–USV 0803 Wood pellets or wood chips Uniconfort EOS 45, EOS 50, EOS 55, EOS 65, EOS 70, EOS 75, EOS 80, EOS 85 boilers fitted with a multi-cyclone manufactured by Uniconfort srl, Via dell’Industria, 21, 35018 San Martino di Lupari, PD, Italy Instruction manual reference “ Uniconfort EOS MANUAL: R1” dated May 2012 Wood pellets Uniconfort EOS 90 boiler fitted with a multi-cyclone manufactured by Uniconfort srl, Via dell’Industria, 21, 35018 San Martino di Lupari, PD, Italy Instruction manual reference “ Uniconfort EOS MANUAL: R1” dated May 2012 Wood pellets or wood chips VarioWIN VA 12kW wood pellet boiler manufactured by Windhager Zentralheizung GmbH, Anton-Windhager Str.20, A-5201 Seerkirchen bei Salzburg, Austria Installation Instruction manual references ‘092947/00’ dated January 2010 and operating instruction manual ‘092945/00’ dated January 2010 Wood pellets , 6mm diameter, length 80% between 15-30mm and a density of at least 1.1kg.dm3 Vesuvio 400 kW automatic pizza oven manufactured by CLM srl, Via I Maggio 35, 31043, Fontanelle (Treviso), Italy CLM Vesuvio oven instruction manual reference “Instruction and maintenance manual ENGLISH” version Review 0.1 dated 29th November 2011. ‘CalorPan’ 100% beech briquette, octagonal section, length 260-300mm, width and height 75-90mm. manufactured from dried beech sawdust View 3 (3.8 kW) and View 5 (4.9kW) multifuel stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM485 Issue 1 dated June 2010 and smoke control kit instruction manual PM490 Issue 1 dated June 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs View 5 (4.9kW) wood stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM485 Issue 1 dated June 2010 and smoke control kit instruction manual PM490 Issue 1 dated June 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs View 7 (7 kW) inset appliance Product code VW-7NMF manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual reference “PM552 - Issue 1” dated June 2011 and smoke control kit instruction manual reference “PM490 Issue 2” dated July 2011.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position.
Wood logs Vista Magnifico SE & Vista Perfetto SE 4.9kw Wood Burning Stove Manufactured by Ciang Stoves Limited, South Chuangye Road, (Hanling Industrial Estate), Beiguan Section, Anyang City, Henan Provence, China. 455000. Newman Fireplaces Limited’s Instruction manual reference “1-2” dated 24th October 2011. The appliance must be fitted with mechanical stops to prevent closure of the secondary air control beyond the 30% open position and the tertiary air beyond the 50% open position. Wood Logs The WTH 150 and WTH 200 boilers manufactured by Hargassner Gesellschaft mit beschränkter Haftung (GmbH), Gunderding 8, A-4952, Weng, Austria The manufacturer’s installation manual version 91 for Large Capacity Boiler WTH 150-200. Reference BA GK V90b 0309. Wood chip or wood pellets Westcott 5SE manufactured by Dimplex, GDC Group Ltd, Millbrook House, Grange Drive, Hedge End, Southampton SO30 2DF Instruction manual references 08/51351/0 – Issue 0 dated 7th September 2010 Wood logs Westfire Series One stove and Westfire Series Two stove manufactured by Westfire, Tømrervej 3, DK-6800 Varde, Denmark Westfire WF One and Two series installation manual and operating instructions and supplementary Instruction manual reference “Westfire supplementary instructions June 2011/Version 1” dated 1 st June 2011. The appliance must be fitted with a permanent stop to prevent closure of the secondary air control less than 50% open Wood logs Westfire Uniq 15, 16 and 20 (also known as WF UNIQ 15, 16 and 20) manufactured by Westfire Tømrervej 3 DK-6800 Varde, Denmark Installation and operating instructions dated 2007, reference WF15–WF16–WF20, together with supplementary instructions dated 2007, reference 01wfuk.2007.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond 50mm
Untreated dry wood Westfire Uniq 18
Westfire Uniq 17
Westfire Uniq 19
Westfire Uniq 23
Westfire Uniq 23 side Glass Westfire Uniq 23 Inset stoves manufactured by Westfire APS Tømrervej 3 DK-6800 Varde Denmark
Instruction manual references -“ WESTFIRE SUPPLEMENTARY INSTRUCTIONS JUNE 2010” The appliance must be fitted with a mechanical stop to prevent closure of the secondary air slide beyond the 30mm open position. Wood logs Westfire Uniq 21 stove, Westfire Uniq 21 pedestal stove and Westfire Uniq 21 wall hung stove manufactured by Westfire, Tømrervej 3, DK-6800 Varde, Denmark Westfire WF21 installation manual and operating instructions and supplementary Instruction manual reference “Westfire supplementary instructions June 2011/Version 1” dated 1st June 2011. The appliance must be fitted with a permanent stop to prevent closure of the secondary air control less than 60% open Wood logs Westfire Uniq 26 stove, Westfire Uniq 27 stove and Westfire Uniq 28 stove manufactured by Westfire, Tømrervej 3, DK-6800 Varde, Denmark Westfire WF26, WF27, WF28 installation manual and operating instructions and supplementary Instruction manual reference “Westfire supplementary instructions June 2011/Version 1” dated 1st June 2011. The appliance must be fitted with a permanent stop to the secondary air slider control to prevent closure more than 20mm from the fully closed position Wood logs Westfire Uniq 32 Inset stove and Westfire Uniq 32 Freestanding stove manufactured by Westfire, Tømrervej 3, DK-6800 Varde, Denmark Westfire WF23/Uniq23, WF32/Uniq 32 inset stove installation manual and operating instructions and supplementary Instruction manual reference “Westfire supplementary instructions June 2011/Version 1” dated 1st June 2011. The appliance must be fitted with a permanent stop to prevent closure of the secondary air control less than 50% open Wood logs Windhager BioWin 100, 150, 210 and 260 manufactured by Windhager Zentralheizung GmbH, Anton-Windhager- Str. 20, A-5201 Seerkirchen bei Salzburg, Austria The manufacturer’s instruction manual dated May 2008, reference 0916197/00 Wood pellets Windhager FireWin 90 and 120 manufactured by Windhager Zentralheizung GmbH, Anton-Windhager- Str. 20, A-5201 Seerkirchen bei Salzburg, Austria The manufacturer’s instruction manual dated August 2008, reference 092125/00 Wood pellets Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 100 and OT Valoriani Ristorante 100 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.8 GR 100 and OT 100 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 120 and OT Valoriani Ristorante 120 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.9 GR 120 and OT 120 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 120x160 and OT Valoriani Ristorante 120x160 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.11 GR 120x160 and OT 120x160 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 140 and OT Valoriani Ristorante 140 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.10 GR 140 and OT 140 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 140x180 and OT Valoriani Ristorante 140x180 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.13 GR 140x180 and OT 140x180 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 180 and OT Valoriani Ristorante 180 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.14 GR 180 and OT 180 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s GR Valoriani Ristorante 140x160 and OT Valoriani Ristorante 140x160 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.12 GR 140x160 and OT 140x160 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Casa 100 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.2 FVR 100 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Casa 110 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.3 FVR 110 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Casa 110x160 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.5 FVR 110x160 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Casa 120 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.4 FVR 120 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Casa 80 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.1 FVR 80 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Piccolo manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.15 Valoriani Piccolo v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Villa 100 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.6 TOP 100 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Wood Fired Ovens by Jamie Oliver Ltd’s Valoriani Villa 120 manufactured by Valoriani of Via Caselli alla Fornace 213, 50066 Reggello, Firenze, Italy Instruction manual reference ‘OOLinst.7 TOP 120 v2’ dated January 2011 Untreated dry wood with a maximum moisture content of 20% Woodpecker 15, 25 and 45 wood pellet boilers manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2EN. Previously manufactured by Garranlea Renewables Ltd of Barnard, Garranlea, New Inn, Cashel, Co. Tipperary, Ireland Instruction manual reference “Installation and Operating Manual Issue 6 dated May 2012” Wood pellets conforming to CEN TS 14961 Woodpecker 50kW wood pellet boilers manufactured by Woodpecker Energy UK, Abbey Manor Business Centre, Preston Road, Yeovil, Somerset. BA20 2EN Instruction manual reference “Installation and Operating Manual Woodpecker 50 Model Wood Pellet Boiler System Version 2 dated May 2012” Wood pellets conforming to CEN TS 1496 Woodpecker Thermon 150 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2EN Instruction manual reference “Installation and Operating Manual Issue 2 dated February 2012” 6mm Wood Pellets Woodpecker Thermon 199 kW pellet boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road, Yeovil. BA20 2EN Instruction manual reference “Issue 2.0” dated February 2012 6mm Wood Pellets Woodpecker Thermon 200 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2EN Instruction manual reference “Installation and Operating Manual Issue 2 dated February 2012” 6mm Wood Pellets Woodpecker Thermon 250 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre, Preston Road. Yeovil. BA20 2EN Instruction manual reference “Installation and Operating Manual Issue 2 dated February 2012” 6mm Wood Pellets Woodpecker Thermon 300 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre, Preston Road. Yeovil. BA20 2EN Instruction manual reference “Installation and Operating Manual Issue 2 dated February 2012” 6mm Wood Pellets The Wood Waste Technology Ltd WT5 manufactured by Wood Waste Technology Limited, Units 1 & 2, Drummond Road, Astonfields Industrial Estate, Stafford, Staffordshire ST16 3HJ The manufacturer’s instructions dated 16th February 2009, reference WT5_v2 Medium density fibreboard, chipboard and hard and softwood offcuts The Wood Waste Technology Heater, models WT10 and WT15, manufactured by Wood Waste Technology Limited, Units 1 & 2, Drummond Road, Astonfields Industrial Estate, Stafford, Staffordshire ST16 3HJ The manufacturer’s instructions dated 19th January 2005, reference WT10 and WT15 Medium density fibreboard, chipboard and hard and softwood offcuts WTA WT Auto 200 kW Airheater manufactured by Wood Waste Technology Limited, Units 1, 2 & 3 Drummond Road, Astonfields Industrial Estate, Stafford. ST16 3HJ Instruction manual references “WTA Installation Operation & Maintenance Instructions” WTA v1 Issue A dated April 2011. Chipboard, Medium Density Fibreboard, Softwood, Hardwood. All fuels to be chipped to a maximum size of 25mm and a maximum moisture content of 20%. Maximum fines (sawdust) content 5% Xeoos 5 kW stove Versions - Natur, Style, Harmony, Pur, Classic, Elegance and Stone Xeoos 8kW stove Versions - Basic, Pur, Classic, Elegance Stone and Air Instruction manual references Manufactured by Specht Modulare Ofensysteme GmbH & Co, KG i.V. Dipl.-Ing. Frank Werner Projektmanagement Bahnhofstr. 2 D 35116 Hatzfeld “Operating and Installation Instructions Xeoos 5kW/ 8kW Model 2008” Reference; Revisions – Index 01/08 Fassung Januar 2008 Wood logs Conforming to DIN 51731 Yeoman CL3 (3.8 kW) and CL5 (4.9 kW) multifuel stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM489 Issue 1 dated June 2010 and smoke control kit instruction manual PM491 Issue 1 dated 5th April 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs Yeoman CL5 (4.9 kW) wood Stove manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM489 Issue 1 dated June 2010 and smoke control kit instruction manual PM491 Issue 1 dated 5 April 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position
Wood logs Yeoman CL 7 (7 kW) inset appliance Product code YM-CL7NMF manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual reference “PM553 - Issue 1” dated June 2011 and smoke control kit instruction manual reference “PM491 Issue 2” dated June 2011.
A permanent stop must be in place on the secondary air inlet to prevent closure beyond the 50% open position.
Wood logs Yeoman CL Milner Stove Product code YM-CLMB manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual reference “PM559 - Issue 1” dated June 2011 and smoke control kit instruction manual reference “PM491 Issue 2” dated June 2011.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position.
Wood logs Yeoman Devon Multifuel Flat Top 1 Door, Flat Top 2 Door, Low Canopy 1 Door, Low Canopy 2 Door, High Canopy 1 Door and High Canopy 2 Door (9kW) Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM184 Issue 3 dated February 2008 and smoke control kit instruction manual PM403 Issue 1 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 50% open position and a system that ensures a gap of 1mm for bleed of primary air when the spin wheels are rotated to their fully closed positions
Wood logs Yeoman Exe Multifuel Flat Top 1 Door, Flat Top 2 Door, Low Canopy 1 Door and Low Canopy 2 Door (4.9kW) Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM184 Issue 3 dated February 2008 and smoke control kit instruction manual PM403 Issue 1 dated January 2010.
A permanent stop must be positioned to prevent closure of the secondary air control below the 60% open position and a system that prevents full closure of the primary air controls
Wood logs Yeoman Exmoor Multifuel Flat Top and Multifuel Low Canopy(4.9 kW) Stoves manufactured by Stovax Limited, Falcon Road, Sowton Industrial Estate, Exeter, Devon, EX2 7LF Instruction manual references PM184 Issue 3 dated February 2008 and smoke control kit instruction manual PM403 Issue 1 dated January 2010
A permanent stop must be positioned to prevent closure of the secondary air control below the 60% open position and a system that prevents full closure of the primary air controls
Wood logs |
The Plant Health (Fees) (England) Regulations 2012
The Secretary of State makes these Regulations, with the exception of regulation 7(a), (b) and (c), with the consent of the Treasury, in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973 .
Title, application, commencement and interpretation
1
1
These Regulations may be cited as the Plant Health (Fees) (England) Regulations 2012, apply in England only and come into force on 6th April 2012.
2
In these Regulations —
a
“the Directive” means Council Directive 2000/29/ EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ; and
b
“the PHO ” means the Plant Health (England) Order 2005 .
3
Terms used in these Regulations which are also used in the Directive have the meaning they have in the Directive.
Import inspection fees
2
1
This regulation applies in relation to consignments of —
a
plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Part B of Annex V to the Directive, and
b
seeds of Solanaceae whether or not listed in that Part,
that are introduced into England from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the PHO.
2
Upon import of a consignment to which this regulation applies, an importer must pay to the Secretary of State —
a
the fee specified —
i
in column 3 of Schedule 1 in respect of a consignment of a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of a plant or plant product to which paragraph (ii) of this sub-paragraph applies, or
ii
in column 4 of Schedule 2 in respect of a consignment of a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and
b
the fees specified in column 3 of Schedule 3 for a documentary check and an identity check.
3
But where, at the request of an importer or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (2)(a) in respect of that consignment is —
a
the fee specified in column 4 of Schedule 1 if the consignment is a consignment to which paragraph (2)(a)(i) applies; or
b
the fee specified in column 5 of Schedule 2 if the consignment is a consignment to which paragraph (2)(a)(ii) applies.
4
In this regulation “daytime working hours” means any time between the hours of 8.30 a.m. and 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England.
Seed potatoes: fees
3
1
The fees specified in Schedule 4 are payable in respect of the functions specified in column 1 of that Schedule, which relate to an application for —
a
certification of seed potatoes in accordance with regulation 9 of the Seed Potatoes Regulations ;
b
an authorisation to market seed potatoes in accordance with regulation 8 of those Regulations.
2
The fee payable in respect of a function is subject to any minimum fee specified in column 3 of Schedule 4 in relation to that function.
3
The fee in respect of a function specified in Schedule 4 must be paid to the Secretary of State or to any person authorised by the Secretary of State to carry out that function under the Seed Potatoes Regulations on behalf of the Secretary of State.
4
In this regulation “the Seed Potatoes Regulations” means the Seed Potatoes (England) Regulations 2006 .
Plant health licence fees
4
1
Fees payable under this regulation relate to a licence described in article 40 or 41 of the PHO.
2
In respect of an application or inspection of a type described in column 2 of Schedule 5, a person must pay to the Secretary of State the fee specified in column 3 of that Schedule in relation to that type of application or inspection.
Plant passport authorisation fees
5
1
The fee specified in paragraph (2) must be paid to the Secretary of State in respect of an inspection (which may include an inspection of business records) carried out in connection with —
a
an application for an authority; or
b
ensuring compliance with any conditions subject to which an authority was granted.
2
The fee is £31.50 for each quarter of an hour or part of quarter of an hour (including time spent on an inspection, on travelling and on associated administration), subject to a minimum fee of £63.00 per visit.
3
In this regulation “authority” means an authority to issue plant passports conferred under article 8 of the Plant Health ( Phytophthora ramorum) (England) Order 2004 or article 29 of the PHO.
Potatoes originating in Egypt: fees
6
1
Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay to the Secretary of State £87.80 in respect of each lot sampled.
2
In this regulation “the Decision” means Commission Implementing Decision 2011/787/ EU authorising member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt .
Revocations
7
The following are revoked —
a
the Plant Health (Licence Fees) (England and Wales) Regulations 1996 , in relation to England only;
b
regulation 6 of the Potatoes Originating in Egypt (England) Regulations 2004 ;
c
the Seed Potatoes (Fees) (England) Regulations 2006 ;
d
the Plant Health (Plant Passport Fees) (England) Regulations 2007 ;
e
the Plant Health (Import Inspection Fees) (England) Regulations 2010 ; and
f
the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2012 .
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th February 2012
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2012
SCHEDULE 1
Import Inspection Fees
Regulation 2(1)(a), (2)(a)(i) and (3)(a)
Column 1
Plant, plant product or other object
Column 2
Quantity
Column 3
Fee for each consignment (daytime working hours) (£)
Column 4
Fee for each consignment (non-daytime working hours) (£)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables
up to 10,000 in number
46.98
70.47
each additional 1,000, or part thereof
1.88, up to a maximum of 375.84
2.81, up to a maximum of 563.76
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)
up to 1,000 in number
46.98
70.47
each additional 100, or part thereof
1.15, up to a maximum of 375.84
1.73, up to a maximum of 563.76
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)
up to 200 kg
46.98
70.47
each additional 10 kg, or part thereof
0.43, up to a maximum of 375.84
0.64, up to a maximum of 563.76
Seeds, tissue cultures
up to 100 kg
20.13
30.20
each additional 10 kg, or part thereof
0.46, up to a maximum of 375.84
0.69, up to a maximum of 563.76
Other plants intended for planting, not specified elsewhere in this Schedule
up to 5,000 in number
46.98
70.47
each additional 100, or part thereof
0.46, up to a maximum of 375.84
0.69, up to a maximum of 563.76
Cut flowers
up to 20,000 in number
46.98
70.47
each additional 1,000, or part thereof
0.36, up to a maximum of 375.84
0.54, up to a maximum of 563.76
Branches with foliage, parts of conifers (other than cut Christmas trees)
up to 100 kg
46.98
70.47
each additional 100 kg, or part thereof
4.67, up to a maximum of 375.84
7.01, up to a maximum of 563.76
Cut Christmas trees
up to 1,000 in number
46.98
70.47
each additional 100, or part thereof
4.67, up to a maximum of 375.84
7.01, up to a maximum of 563.76
Leaves of plants, such as herbs, spices and leafy vegetables
up to 100 kg
46.98
70.47
each additional 10 kg, or part thereof
4.67, up to a maximum of 375.84
7.01, up to a maximum of 563.76
Fruits, vegetables (other than leafy vegetables)
up to 25,000 kg
46.98
70.47
each additional 1,000 kg, or part thereof
1.88
2.81
Tubers of potatoes
up to 25,000 kg
140.94 (for each lot)
211.41 (for each lot)
each additional 25,000 kg, or part thereof
140.94 (for each lot)
211.41 (for each lot)
Soil and growing medium, bark
up to 25,000 kg
46.98
70.47
each additional 1,000 kg, or part thereof
1.88, up to a maximum of 375.84
2.81, up to a maximum of 563.76
Grain
up to 25,000 kg
46.98
70.47
each additional 1,000 kg, or part thereof
1.88, up to a maximum of 1879.19
2.81, up to a maximum of 2818.78
Other plants or plant products not specified elsewhere in this Schedule, except forest trees
each consignment
46.98
70.47
SCHEDULE 2
Import Inspection Fees: Reduced Rates
Regulation 2(2)(a)(ii) and (3)(b)
Column 1
Genus
Column 2
Quantity
Column 3
Country of origin
Column 4
Fee for each consignment (daytime working hours) (£)
Column 5
Fee for each consignment (non-daytime working hours) (£)
Cut Flowers Dianthus
up to 20,000 in number
Colombia
2.35
3.52
Ecuador
4.70
7.05
Kenya
2.35
3.52
Turkey
11.74
17.62
each additional 1,000 or part thereof
Colombia
0.02, up to a maximum of 18.79
0.03, up to a maximum of 28.19
Ecuador
0.04, up to a maximum of 37.58
0.07, up to a maximum of 56.38
Kenya
0.02, up to a maximum of 18.79
0.03, up to a maximum of 28.19
Turkey
0.10, up to a maximum of 93.96
0.15, up to a maximum of 140.94
Rosa
up to 20,000 in number
Colombia
1.41
2.11
Ecuador
1.41
2.11
Ethiopia
2.35
3.52
Kenya
2.35
3.52
Tanzania
4.70
7.05
Uganda
11.74
17.62
Zambia
11.74
17.62
each additional 1,000 or part thereof
Colombia
0.01, up to a maximum of 11.28
0.01, up to a maximum of 16.91
Ecuador
0.01, up to a maximum of 11.28
0.01, up to a maximum of 16.91
Ethiopia
0.02, up to a maximum of 18.79
0.03, up to a maximum of 28.19
Kenya
0.02, up to a maximum of 18.79
0.03, up to a maximum of 28.19
Tanzania
0.04, up to a maximum of 37.58
0.07, up to a maximum of 56.38
Uganda
0.07, up to a maximum of 93.96
0.10, up to a maximum of 140.94
Zambia
0.07, up to a maximum of 93.96
0.10, up to a maximum of 140.94
Branches with foliage Phoenix
up to 100 kg
Costa Rica
16.44
24.66
each additional 100 kg or part thereof
Costa Rica
1.63, up to a maximum of 131.54
2.45, up to a maximum of 197.32
Fruit Citrus
up to 25,000 kg
Egypt
7.05
10.57
Israel
4.70
7.05
Mexico
7.05
10.57
Morocco
2.35
3.52
Peru
11.74
17.62
Turkey
1.41
2.11
Uruguay
7.05
10.57
USA
7.05
10.57
each additional 1,000 kg or part thereof
Egypt
0.26
0.39
Israel
0.19
0.28
Mexico
0.26
0.39
Morocco
0.07
0.10
Peru
0.47
0.70
Turkey
0.03
0.05
Uruguay
0.26
0.39
USA
0.26
0.39
Malus
up to 25,000 kg
Argentina
4.70
7.05
Brazil
7.05
10.57
Chile
2.35
3.52
China
23.49
35.23
New Zealand
4.70
7.05
South Africa
2.35
3.52
USA
11.74
17.62
each additional 1,000 kg or part thereof
Argentina
0.19
0.28
Brazil
0.28
0.42
Chile
0.09
0.14
China
0.94
1.40
New Zealand
0.19
0.28
South Africa
0.09
0.14
USA
0.47
0.70
Passiflora
up to 25,000 kg
Colombia
4.70
7.05
Kenya
4.70
7.05
South Africa
23.49
35.23
Zimbabwe
16.44
24.66
each additional 1,000 kg or part thereof
Colombia
0.16
0.25
Kenya
0.16
0.25
South Africa
0.92
1.38
Zimbabwe
0.63
0.94
Prunus
up to 25,000 kg
Argentina
16.44
24.66
Chile
4.70
7.05
South Africa
4.70
7.05
Turkey
4.70
7.05
USA
4.70
7.05
each additional 1,000 kg or part thereof
Argentina
0.63
0.94
Chile
0.16
0.25
South Africa
0.16
0.25
Turkey
0.16
0.25
USA
0.16
0.25
Pyrus
up to 25,000 kg
Argentina
4.70
7.05
Chile
11.74
17.62
China
16.44
24.66
South Africa
4.70
7.05
each additional 1,000 kg or part thereof
Argentina
0.16
0.25
Chile
0.47
0.70
China
0.66
0.98
South Africa
0.16
0.25
Vegetables Solanum melongena
up to 25,000 kg
Turkey
4.70
7.05
each additional 1,000 kg or part thereof
Turkey
0.16
0.25
SCHEDULE 3
Import Inspection Fees: Documentary and Identity Checks
Regulation 2(2)(b)
Column 1
Check
Column 2
Quantity
Column 3
Fee (£)
Documentary each consignment 5.36 Identity each consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size 5.36 each consignment bigger than the above size 10.71
SCHEDULE 4
Seed Potatoes: Fees
Regulation 3
Column 1
Function
Column 2
Fee (£)
Column 3
Minimum fee (£)
Inspection of growing crops and provision of labels and seals in respect of applications
(1)
Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare.
Certification as pre-basic seed potato 122.57* n/a Certification as basic seed potato, classified as: super elite 1, super elite 2 or super elite 3 61.29 122.57 elite 1, elite 2 or elite 3 61.29 122.57 A 58.26 116.52 Certification as certified seed potato 52.96 105.93 Authorisation to market seed potatoes 122.57* n/a Inspection of harvested tubers Up to two inspections 18.16 36.32 Third and subsequent inspections 122.57* n/a
SCHEDULE 5
Plant Health Licence Fees
Regulation 4(2)
Column 1
Item
Column 2
Type of application or inspection
Column 3
Fee (£)
1 Application for a licence other than a licence covered by item 2 or 3 781.27 2 Application for a licence in respect of soil or other growing medium for analysis 563.54 3 Application for a licence for scientific or trial purposes covering 5 or more types of article 781.27, plus 30.74 per type of article in excess of 5 4 Application for renewal or variation of a licence with changes requiring scientific or technical assessment 256.15 5 Application for renewal of a licence with no changes, or for renewal or variation of a licence with only minor changes requiring no scientific or technical assessment 30.74 6 Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions 42.06 per hour or part of an hour |
The Milford Haven Port Authority (Constitution) Harbour Revision Order 2012
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3) makes the following Order.
Citation and commencement
1
1
This Order may be cited as the Milford Haven Port Authority (Constitution) Harbour Revision Order 2012 and shall come into force on 24th May 2012.
2
The Milford Haven Port Authority Acts and Orders 1983 to 2002 and this Order may together be cited as the Milford Haven Port Authority Acts and Orders 1983 to 2012.
Interpretation
2
In this Order —
“ the Authority ” means the Milford Haven Port Authority; and
“the 2002 Act ” means the Milford Haven Port Authority Act 2002 .
Constitution of the Authority
3
In section 4 of the 2002 Act (constitution of Authority) —
a
in subsection (1), omit “Subject to subsection (2) below, on and after the new constitution date”;
b
for subsection (1)(c) substitute —
c
no fewer than six and no more than eight further members appointed by the Authority, of whom three members shall have been selected for appointment following consultation with Pembrokeshire County Council; and
;
c
in subsection (1)(d) after “two” insert “additional”; and
d
omit subsection (2).
Selection of members
4
In section 5 of the 2002 Act (selection of members) —
a
in subsection (2) —
i
omit “by the Secretary of State”; and
ii
for “Secretary of State”, in the second place where those words appear, substitute “appointing body”;
b
insert after subsection (3)(h) —
i
commercial activity in the haven.
; and
c
insert after subsection (3) —
3A
At least one of the members of the Authority must have wide experience of navigation (including the command of sea-going ships, pilotage and aids to navigation).
.
Transitional provisions
5
1
Despite article 3 , each existing member shall continue to remain in office until the expiry of the member’s existing term or until the member ceases to be a member for any other reason before then.
2
The Authority must decide which of each of the existing members’ places should be filled with a new appointment on the expiry of the member’s existing term or on the member ceasing to be a member for any other reason before then.
3
The Authority must exercise their powers under paragraph (2) with the objective of ensuring that after the relevant date, no fewer than six and no more than eight further members will have been appointed in accordance with section 4(1)(c) of the 2002 Act.
4
As respects the existing members, paragraph 3 of Schedule 2 to the 2002 Act shall apply without the amendment in paragraph 5(a) of the Schedule to this Order.
5
In this article —
“existing member” means a member of the Authority who was appointed under section 4(1)(c) of the 2002 Act and who was in office immediately before the date on which this Order came into force;
“existing term” means the term of office being served by a member of the Authority on the date on which this Order came into force; and
“the relevant date” means whichever of the following applies —
the date on which the last remaining existing member is reappointed after the expiry of that member’s existing term;
the date on which a different person is appointed to replace the last remaining existing member after the expiry of that member’s existing term or on the member ceasing to be a member for any other reason before then; or
the date on which the last remaining existing member ceases to be a member for any reason, if that member is neither reappointed nor replaced.
Minor and consequential amendments of the 2002 Act
6
The Schedule has effect.
Signed by authority of the Marine Management Organisation
J. Cross
Chief Executive Officer
An authorised employee of the Marine Management Organisation
25th April 2012
SCHEDULE
MINOR AND CONSEQUENTIAL AMENDMENTS OF THE 2002 ACT
Article 6
1
The 2002 Act is amended as follows.
2
In section 7 (term of office of members) —
a
in subsection (1) —
i
omit “by the Secretary of State”; and
ii
for “Secretary of State”, in the second and third places where those words appear, substitute “appointing body”; and
b
omit subsection (2).
3
In section 10(1) (casual vacancies) omit “subsection (1) of”.
4
In Schedule 1 (form of declaration by members) for “2002”, in the first and second places where it appears, substitute “2012”.
5
In Schedule 2 (provisions applying to the Authority) —
a
for paragraph 3 (vacation of office by members) substitute —
3
1
A person appointed by the Authority as a member of the Authority may resign his office at any time by notice in writing given to the chairman of the Authority.
2
The person appointed as chairman of the Authority may resign his office at any time by notice in writing given to the Secretary of State and the vice-chairman of the
Authority.
; and
b
in paragraph 8 (validity of acts of Authority) before “acts and proceedings” insert “constitution,” and after “vacancy” insert “or deficiency”. |
The Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012
In accordance with section 262(6) 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
This Order may be cited as the Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“business year” means a period of more than six months in respect of which a recognised body publishes accounts or, if no such accounts have been published for the period, prepares accounts;
“date of the notice” means the date on which Ofqual gives notice to a recognised body under section 151A(4) of the Act of its intention to impose a monetary penalty on the recognised body.
Calculation of turnover
3
1
For the purposes of these Regulations, the turnover of a recognised body is the sum of —
a
all amounts derived by the body from the provision of goods and services falling within the body’s ordinary activities in the United Kingdom; and
b
all other amounts received by the body in the course of the body’s ordinary activities in the United Kingdom by way of gift, grant, subsidy or membership fee,
after deduction of trade discounts, value added tax and other taxes based on the amounts so derived or received.
2
The amounts are to be calculated in conformity with generally accepted accounting principles in the United Kingdom.
Determination of turnover for the purposes of section 151B(1) of the Act
4
1
Subject to the following paragraphs, for the purposes of section 151B(1) of the Act the turnover of a recognised body is the body’s turnover for the business year preceding the date of the notice.
2
Where the business year preceding the date of the notice does not equal twelve months, the turnover is the turnover in that business year divided by the number of months in that business year and multiplied by twelve.
3
Where there is no preceding business year, the turnover is the turnover for the twelve months ending on the last day of the month preceding the month in which the date of the notice falls.
4
Where in the application of paragraph (3), the recognised body has turnover for a period of less than twelve months the turnover is the turnover in that period divided by the number of months in that period and multiplied by twelve.
Nick Gibb
Minister of State
Department for Education
5th July 2012 |
The Central Rating List (England) (Amendment) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 53(1), (2) and (4), and 143(1) and (2) of the Local Government Finance Act 1988 , makes the following Regulations:
Application, citation and commencement
1
These Regulations, which apply in relation to England only, may be cited as the Central Rating List (England) (Amendment) Regulations 2012 and shall come into force —
a
for all purposes other than those of sub-paragraph (b) of regulation 2(2), on 15th June 2012;
b
for the purposes of sub-paragraph (b) of regulation 2(2), with effect from 15th December 2011.
Amendment of the Central Rating List (England) Regulations 2005
2
1
The Central Rating List (England) Regulations 2005 are amended as follows.
2
In Part 12 of the Schedule (long distance pipeline hereditaments), in the column headed “Designated person” —
a
omit the words “BP Exploration Operating Company Limited”; and
b
below the words “Mainline Pipelines Limited” insert —
with effect from 15th December 2011, the company bearing the name Perenco UK Limited on that date
.
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
15th May 2012 |
The Income Tax (Purchased Life Annuities) (Amendment) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 724(1)(c) of the Income Tax (Trading and Other Income) Act 2005 .
Citation and commencement
1
1
These Regulations may be cited as the Income Tax (Purchased Life Annuities) (Amendment) Regulations 2012.
2
These Regulations come into force on 21st December 2012.
Amendment of the Income Tax (Purchased Life Annuities) Regulations 2008
2
1
Regulation 7 of the Income Tax (Purchased Life Annuities) Regulations 2008 (what must be done on receipt of the completed form) is amended as follows.
2
In paragraph (2) —
a
for “tables” substitute “table”, and
b
for “are prescribed” substitute “is prescribed”.
3
For paragraph (3) substitute —
3
The mortality table prescribed for the purposes of sections 720(4) and 721(4) of the 2005 Act is the table which specifies mortality rates according to “lives” and which is comprised in Table A11 set out in Appendix A on pages 181 to 183 of the booklet entitled “Continuous Mortality Investigation Reports Number 17”, published by the Institute of Actuaries and the Faculty of Actuaries in 1999.
4
The amendments made by this regulation have effect in relation to any annuity the contract for which is made on or after 21st December 2012.
5
In the case of any annuity —
a
the contract for which is made before 21st December 2012, and
b
under which the first annuity payment becomes due and payable on or after that date,
the relevant person is entitled to comply with regulation 7 of the Income Tax (Purchased Life Annuities) Regulations 2008 as if the amendments made by this regulation had effect in relation to the annuity.
Ruth Owen
Jim Harra
Two of the Commissioners of Her Majesty’s Revenue and Customs
19th November 2012 |
The NHS Bodies (Transfer of Trust Property) Order 2012
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 213, 217(2) and 272(7) and (8) of the National Health Service Act 2006 , having regard to changes in the functions of NHS bodies other than NHS foundation trusts.
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Bodies (Transfer of Trust Property) Order 2012 and comes into force on 16th July 2012.
2
In this Order —
“the relevant new Trust” means in relation to any relevant old Trust listed in column 1 of the Schedule (which Schedule has effect), the body which is listed adjacent to it in column 2 of that Schedule;
“the relevant old Trust” means a body listed in column 1 of the Schedule;
“the trust property” means the property specified in a schedule of trust property prepared and agreed by the relevant old Trust and the relevant new Trust and signed on behalf of —
the relevant old Trust on the date specified in column 3 of the Schedule; and
the relevant new Trust on the date specified in column 4 of the Schedule.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the relevant old Trust to the relevant new Trust.
2
Following the transfers in paragraph (1), any reference in any instrument relating to the trust property, to the trustees of the trust property or to the relevant old Trust shall be construed as a reference to the relevant new Trust, its property or its trustees (as appropriate).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State for Health,
Department of Health
11th June 2012
SCHEDULE
Article 1(2)
Relevant old Trust Relevant new Trust Date schedule signed by relevant old Trust Date schedule signed by relevant new Trust
Barnet Primary Care Trust Central London Community Healthcare National Health Service Trust 10th January 2012 23rd March 2012 Central and Eastern Cheshire Primary Care Trust East Cheshire National Health Service Trust 14th March 2012 26th April 2012 East Lancashire Teaching Primary Care Trust East Lancashire Hospitals National Health Service Trust 15th May 2012 16th May 2012 East Lancashire Teaching Primary Care Trust Lancashire Care NHS Foundation Trust 15th May 2012 17th May 2012 Hampshire Primary Care Trust Frimley Park Hospital NHS Foundation Trust 20th January 2012 23rd January 2012 Hampshire Primary Care Trust Southern Health NHS Foundation Trust 20th January 2012 20th January 2012 Hampshire Primary Care Trust Sussex Partnership NHS Foundation Trust 20th January 2012 20th March 2012 Norfolk and Suffolk NHS Foundation Trust West Suffolk NHS Foundation Trust 18th May 2012 15th May 2012 North West London Hospitals National Health Service Trust Central London Community Healthcare National Health Service Trust 8th May 2012 15th May 2012 Salford Royal NHS Foundation Trust Pennine Acute Hospitals National Health Service Trust 3rd May 2012 15th May 2012 Solihull Primary Care Trust University Hospitals Coventry and Warwickshire National Health Service Trust 24th May 2012 19th May 2012 Walsall Teaching Primary Care Trust Black Country Partnership NHS Foundation Trust 26th September 2011 14th December 2011 |
The Energy Act 2010 (Commencement) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 38(2) of the Energy Act 2010 :
Citation
1
This Order may be cited as the Energy Act 2010 (Commencement) Order 2012.
Commencement of provisions
2
The following provisions of the Energy Act 2010 come into force on 16th July 2012 —
a
sections 18 to 23; and
b
paragraphs 7 and 8 of the Schedule (and, so far as relating to them, paragraph 5 of the Schedule and section 35).
Charles Hendry
Minister of State
Department of Energy and Climate Change
12th July 2012 |
The Welsh Language Measure (Registrable Interests) Regulations 2012
The Welsh Ministers, in exercise of the powers conferred by section 138 of the Welsh Language (Wales) Measure 2011 , make the following Regulations:
Title and commencement
1
1
The title of these Regulations is the Welsh Language Measure (Registrable Interests) Regulations 2012.
2
These Regulations come into force on the 1 April 2012.
Registrable interests
2
The Schedule to this Order specifies relevant office holders' registrable interests for the purposes of Chapter 1 of Part 8 of the Welsh Language (Wales) Measure 2011.
Leighton Andrews
Minister for Education and Skills, one of the Welsh Ministers
7 March 2012
SCHEDULE
REGISTRABLE INTERESTS
Regulation 2
PART 1
Interpretation
In this Schedule —
“child” (“ plentyn ”) means any person who, at the time the interest is registered is either —
a child of the relevant office holder;
a step-child of the relevant office holder by marriage or civil partnership;
a person legally adopted by the relevant office holder;
a person placed for adoption with the relevant office holder; or
a person under the age of sixteen, or under the age of nineteen and in full-time education, and who, for the previous six calendar months, has been financially supported by the relevant office holder;
“family member” (“ aelod o deulu ”) in relation to a relevant office holder means the relevant office holder’s partner and any child;
“Measure” (“ Mesur ”) means the Welsh Language (Wales) Measure 2011;
“partner” (“ partner ”) means a spouse, civil partner or one of a couple whether of the same sex or the opposite sex who although not married to each other are living together and treat each other as spouses;
“relevant person” (“ person perthnasol ”) means a person who is within (whether individually or as part of a group of persons) Schedule 6 or 8 to the Measure; and
“relevant property” (“ eiddo perthnasol ”) means land or intellectual property in respect of which the Commissioner holds an interest acquired by money provided by the Welsh Ministers under paragraph 14 of Schedule 1 to the Measure.
PART 2
Interests
The interests referred to in regulation 2 are —
a
details of any office or employment held by a family member of a relevant office holder with a relevant person;
b
details of any interest held by a relevant office holder or a family member of a relevant office holder in relevant property;
c
the names of any companies or other bodies in which a relevant office holder has, either alone or with or on behalf of a family member of the relevant office holder, a beneficial interest in shares; and
d
remunerated directorships held by a relevant office holder in any company including directorships which are individually unremunerated but where the remuneration is paid through another company in the same group. |
The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012
The Secretary of State has, in accordance with section 18(6) of that Act, consulted the Welsh Ministers and such persons as appear to the Secretary of State to be substantially affected by the dissolution of the Local Better Regulation Office.
Citation and commencement
1
1
This Order may be cited as the Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) 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 Regulatory Enforcement and Sanctions Act 2008;
“the dissolution date” means 1st April 2012; and
“ LBRO ” means the Local Better Regulation Office.
Dissolution of the Local Better Regulation Office
3
On the dissolution date LBRO is dissolved.
Transfer of functions
4
1
On the dissolution date —
a
the functions of LBRO under Part 1 of the Act are transferred, in accordance with Schedule 1, to the Secretary of State and the Welsh Ministers; and
b
the functions of LBRO under Part 2 of the Act are transferred, in accordance with Schedule 1, to the Secretary of State.
2
Schedule 1 (which gives effect to the transfers made by paragraph (1) and makes consequential, supplemental and incidental provision in relation to those transfers) has effect.
3
The Secretary of State and the Welsh Ministers must enter into a memorandum of understanding with each other as to how they will work together in the exercise of their respective functions as a result of this Order.
Transfer of property
5
1
All the property, rights and liabilities to which LBRO is entitled or subject immediately before the dissolution date become on that date property, rights and liabilities of the Secretary of State.
2
Paragraph (1) 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
despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.
Transfer of employees
6
The Transfer of Undertakings (Protection of Employment) Regulations 2006 have effect as if the transfer of functions to the Secretary of State under article 4(1) is a relevant transfer for the purposes of those Regulations.
Final accounts
7
1
The Secretary of State must prepare a statement of accounts of LBRO for the period beginning with 1st April 2011 and ending immediately before the dissolution date (“the final accounts”).
2
The final accounts must be prepared in accordance with any directions given by the Secretary of State to LBRO under paragraph 13(3) of Schedule 1 to the Act which had effect immediately before the dissolution date.
3
The Secretary of State must send a copy of the final accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the period covered by the final accounts.
4
The Comptroller and Auditor General must —
a
examine, certify and report on the statement of accounts received under paragraph (3), and
b
send a copy of the certified statement and report to the Secretary of State.
5
The Secretary of State must lay before Parliament a copy of the certified statement and the report received under paragraph (4)(b).
Transitional provisions
8
Schedule 2 (which makes transitional provisions) has effect.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
1st February 2012
SCHEDULE 1
Transfer of Functions
Article 4(2)
PART 1 Regulatory Enforcement and Sanctions Act 2008
Repeals
1
The following provisions of the Regulatory Enforcement and Sanctions Act 2008 are repealed —
a
section 1(1) and (2);
b
section 2;
c
section 6(2)(a);
d
in section 6(6), the words “by it”;
e
section 7;
f
section 8;
g
section 9;
h
section 10(2);
i
in section 11(4), the words “to it”;
j
section 11(6);
k
section 13;
l
section 14;
m
section 15;
n
in section 16(1), paragraph (b) and the word “, or” preceding it;
o
in section 16(2), in both places, and in subsection (3)(a) and (b), the words “or directions”;
p
in section 16(4), the words “, and comply with any directions,”;
q
in section 16(5), in both places, the words “or directions”;
r
section 16(6) and (7);
s
section 17;
t
in section 20(2), the words “, 7(4) or 15(7)”;
u
section 20(4);
v
in section 21, the definition of “LBRO” and that of “the LBRO company”;
w
section 32;
x
section 33(5)(a);
y
in section 33(6), the words “by it”;
z
in section 35, the definition of “LBRO”;
aa
Schedule 1, except paragraphs 11(3) and (4) and 16; and
bb
Schedule 2.
Part 1 of the Act
2
Part 1 of the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
3
In section 5(1), for the words from the beginning to “has” substitute “In exercising their functions under sections 6 to 10 the Secretary of State and the Welsh Ministers have”.
4
In section 6 —
a
for subsection (1), substitute —
1
It is a function of the Secretary of State to give guidance to —
a
one or more local authorities in England,
b
one or more local authorities in Wales, or
c
local authorities in England and Wales
as to how to exercise their relevant functions (other than functions relating to Welsh ministerial matters).
1A
It is a function of the Welsh Ministers to give guidance to one or more local authorities in Wales as to how to exercise their relevant functions which relate to Welsh ministerial matters.
;
b
in subsection (2), after “(1)” insert “or (1A)”;
c
in subsection (4), for “LBRO”, in each place, substitute “the person giving the guidance”;
d
for subsection (5), substitute —
5
The person giving guidance under this section must publish it in such manner as that person considers appropriate.
;
e
in subsection (6), for “LBRO” substitute “The person giving the guidance”.
5
In section 10(1), for “LBRO” substitute “The Secretary of State”.
6
In section 11 —
a
for subsection (1) substitute —
1
The Secretary of State must prepare and publish a list specifying those matters to which a local authority in England should give priority when allocating resources to its relevant functions.
1A
The Welsh Ministers must prepare and publish a list specifying those matters to which a local authority in Wales should give priority when allocating resources to its relevant functions.
;
b
in subsection (2), after “(1)” insert “or (1A)”;
c
in subsection (3) —
i
for “LBRO” substitute “the person preparing the list”; and
ii
for “it” substitute “that person”;
d
in subsection (4), for “LBRO” substitute “The person preparing the list”;
e
for subsection (5), substitute —
5
Before publishing a list under subsection (1A), the Welsh Ministers must consult the Secretary of State.
; and
f
for subsections (7) and (8), substitute —
7
A list published under this section must be reviewed from time to time by the person who published it.
8
A list revised as a result of a review under subsection (7) must be published (and subsections (2) to (7) have effect in relation to it).
.
7
In section 12 —
a
In subsection (1), for “LBRO” substitute “The Secretary of State”; and
b
after subsection (2), insert —
3
The Secretary of State must consult the Welsh Ministers about —
a
revising an existing memorandum of understanding, or
b
entering into a new one,
which relates to a Welsh ministerial matter.
.
8
In section 16 —
a
in subsection (1) —
i
for “LBRO” substitute “the Secretary of State”; and
ii
for “its functions relating” substitute “the Secretary of State’s functions under this Act so far as they relate”;
b
in subsection (2)(a), for “LBRO” substitute “the Secretary of State”; and
c
in subsection (4), for “LBRO” substitute “The Secretary of State”.
Part 2 of the Act
9
Part 2 of the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
10
In section 25(1), for “LBRO” substitute “the Secretary of State”.
11
In section 26 —
a
in subsection (1) —
i
for “LBRO”, where it first appears, substitute “The Secretary of State”; and
ii
for “LBRO”, where it appears elsewhere, substitute “the Secretary of State”;
b
in subsections (2), (4), (5) and (6), for “LBRO” substitute “The Secretary of State”;
c
in subsection (3), for “LBRO” substitute “the Secretary of State”; and
d
in subsection (5)(a) and (b), for “it” substitute “the Secretary of State”.
12
In section 28(7) and (9)(b), for “LBRO” substitute “the Secretary of State”.
13
In section 30(6), for “LBRO” substitute “the Secretary of State”.
14
In section 33 —
a
in subsections (1), (5), (6) and (7), for “LBRO” substitute “The Secretary of State”;
b
in subsection (4), for “LBRO” and for “it” substitute “the Secretary of State”;
c
in subsection (6) for “as it” substitute “as the Secretary of State”; and
d
for the section heading, substitute “ Guidance from the Secretary of State ”.
15
In paragraph 11(3) of Schedule 1, for “LBRO” substitute “the Secretary of State in respect of the Secretary of State’s functions under Parts 1 and 2”.
16
In Schedule 4 —
a
in paragraph 1(1), for “LBRO”, in both places, substitute “the Secretary of State”;
b
in paragraph 1(2) —
i
in sub-paragraph (a), for “LBRO” and for “it” substitute “the Secretary of State”; and
ii
in sub-paragraph (b), for “it” substitute “the Secretary of State”;
c
in paragraph 1(4), for “LBRO” and for “it” substitute “the Secretary of State”;
d
in paragraph 2(1), for “LBRO”, in both places, substitute “the Secretary of State”;
e
in paragraph 2(2) —
i
in paragraph (a), for “LBRO” and for “it” substitute “the Secretary of State”; and
ii
in paragraph (b), for “it” substitute “the Secretary of State”;
f
in paragraph 2(5), for “LBRO” and for “it” substitute “the Secretary of State”;
g
in paragraph 2(7) —
i
for “LBRO”, where it first appears, substitute “The Secretary of State”; and
ii
for “LBRO”, where it appears elsewhere, substitute “the Secretary of State”;
h
in paragraph 3(1), for “LBRO”, in both places, substitute “the Secretary of State”;
i
in paragraph 3(2) —
i
in paragraph (a), for “LBRO” and “it” substitute “the Secretary of State”; and
ii
in paragraph (b), for “it” substitute “the Secretary of State”;
j
in paragraph 3(5), for “LBRO” and for “it” substitute “the Secretary of State”;
k
in paragraph 5(1) —
i
for “LBRO” substitute “the Secretary of State”; and
ii
in paragraph (b), for “it” substitute “Secretary of State”;
l
in paragraph 6(1), for “LBRO” substitute “The Secretary of State”;
m
in paragraph 6(2), for “LBRO” substitute “the Secretary of State”;
n
in paragraph 7(1) —
i
for “LBRO” substitute “The Secretary of State”; and
ii
for “it” substitute “the Secretary of State”;
o
in paragraph 7(3) —
i
for “LBRO” substitute “The Secretary of State”; and
ii
for “it” substitute “the Secretary of State”;
p
in paragraph 8, for “LBRO”, in both places, and for “it”, in both places, substitute “the Secretary of State”; and
q
in the Schedule heading, for “LBRO” substitute “the Secretary of State”.
PART 2 Other Enactments
17
In the Parliamentary Commissioner Act 1967 , in Schedule 2 (departments etc. subject to investigation) the entry relating to the Local Better Regulation Office is repealed.
18
In the Superannuation Act 1972 , in Schedule 1 (kinds of employment, etc., referred to in section 1 of that Act), the entry relating to the Local Better Regulation Office is repealed.
19
In the House of Commons Disqualification Act 1975 , in Schedule 1, Part 2 (bodies of which all members are disqualified), the entry relating the Local Better Regulation Office is repealed.
20
In the Freedom of Information Act 2000 , Schedule 1, in Part 6 (other public bodies and offices: general) the entry relating to the Local Better Regulation Office is repealed.
SCHEDULE 2
Transitional Provisions
Article 8
1
A list published by LBRO under section 11(1)(a) or (b) of the Regulatory Enforcement and Sanctions Act 2008 has effect on or after the dissolution date as if prepared and published by the Secretary of State or, as the case may be, by the Welsh Ministers under section 11 of that Act.
2
Anything done by or in relation to LBRO which has effect immediately before the dissolution date is, so far as necessary for continuing its effect on or after that day, to have effect, as appropriate, as if done by or in relation to —
a
the Secretary of State; or
b
the Welsh Ministers.
3
If before the dissolution date any consultation was undertaken by LBRO which, had it been undertaken by the Secretary of State or the Welsh Ministers on or after that date, would to any extent have satisfied any consultation requirement to which the Secretary of State is or the Welsh Ministers are subject, the requirement may to that extent be taken to have been satisfied.
4
Anything (including legal proceedings) which, immediately before the dissolution date, is in the process of being done by or in relation to LBRO may be continued by or in relation to the Secretary of State.
5
So far as is necessary or appropriate in consequence of article 4 or 5, on and after the dissolution date a reference to LBRO in an enactment, instrument or other document is to be treated as a reference to the Secretary of State. |
The Traffic Management (Rotherham Borough Council) Permit Scheme Order 2012
The Secretary of State for Transport having approved the Rotherham 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 (Rotherham Borough Council) Permit Scheme Order 2012 and comes into force on 12th June 2012.
Interpretation
2
In this Order —
“the Rotherham Borough Council Permit Scheme ” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “Yorkshire Common Permit Scheme” which was prepared and submitted to the Secretary of State by Rotherham 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 Rotherham Borough Council Permit Scheme comes into effect on 12th June 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 Rotherham Borough Council Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
10th May 2012
SCHEDULE
THE ROTHERHAM BOROUGH COUNCIL PERMIT SCHEME
Article 2
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The Payment Services Regulations 2012
The Treasury, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972, make the following Regulations:
Citation and commencement
1
1
These Regulations may be cited as the Payment Services Regulations 2012.
2
These Regulations come into force —
a
on 1st August 2012 for the purposes of regulations 3(6) and 4 ; and
b
on 1st October 2012 for all other purposes.
Amendment of the Money Laundering Regulations 2007
2
In regulation 30 (cancellation of registration in a register maintained under regulation 25) of the Money Laundering Regulations 2007 , after paragraph (2) insert —
2A
The Commissioners may cancel the registration of a money service business in a register maintained under regulation 25(1)(b) where the money service business —
a
is providing a payment service in the United Kingdom, or is purporting to do so;
b
is not included in the register of payment service providers maintained by the Authority under regulation 4(1) of the Payment Service Regulations 2009; and
c
is not a person mentioned in paragraphs (c) to (h) of the definition of a payment service provider in regulation 2(1) of the Payment Services Regulations 2009, or a person to whom regulation 3 or 121 of those Regulations applies.
.
Amendment of the Payment Services Regulations 2009
3
1
The Payment Services Regulations 2009 are amended as follows.
2
In regulation 13 (conditions for registration as a small payment institution), after paragraph (4) insert —
4A
Where the applicant is a partnership, an unincorporated association or a body corporate, the applicant must satisfy the Authority that any persons having a qualifying holding in it are fit and proper persons having regard to the need to ensure the sound and prudent conduct of the affairs of a small payment institution.
4B
The applicant must satisfy the Authority that —
a
where the applicant is a body corporate, the directors;
b
the persons responsible for the management of the institution; and
c
where relevant, the persons responsible for the management of payment services,
are of good repute and possess appropriate knowledge and experience to provide payment services.
4C
If the applicant is a body corporate which has close links with another person (“ CL ”) the applicant must satisfy the Authority —
a
that those links are not likely to prevent the Authority’s effective supervision of the applicant; and
b
if it appears to the Authority that CL is subject to the laws, regulations or administrative provisions of a territory which is not an EEA State (“the foreign provisions”), that neither the foreign provisions, nor any deficiency in their enforcement, would prevent the Authority’s effective supervision of the applicant.
4D
Regulation 6(9) applies for the purposes of paragraph (4C) of this regulation as it applies for the purposes of regulation 6(8).
.
3
In regulation 14 (supplementary provisions) —
a
in paragraph (c), for “will continue to be” substitute “are”;
b
for paragraph (d) substitute —
d
in regulation 10(1) —
i
for sub-paragraph (e) substitute —
e
the person does not meet, or is unlikely to meet, any of the conditions set out in regulation 13(4) to (6) or the financial limit referred to in regulation 8;
; and
ii
after sub-paragraph (i) insert —
or
j
the person has failed to comply with paragraph (2) or (3) of regulation 125A.
;
c
in paragraph (e), in the sub-paragraph to be substituted for sub-paragraph (a) of regulation 11(1), for “no longer meets” substitute “does not meet” and omit “continue to”.
4
In regulation 29(3)(a)(iii) (use of agents), delete “in the case of an agent of an authorised payment institution,”.
5
After regulation 125 (transitional provisions: the ombudsman scheme) insert —
Transitional provisions: small payment institutions registered before 1st October 2012 and applications pending on that date
125A
1
Where a person has applied for registration as a small payment institution before 1st October 2012 and its application has not been determined before that date, it must provide the Authority with the information referred to in paragraphs 1, 7, 8 and 9 of Schedule 2 to the extent relevant to that person.
2
Where a small payment institution is included on the register maintained under regulation 4(1)(b) on 1st October 2012, it must provide the Authority before 1st October 2013 with the information referred to in paragraphs 1, 7, 8 and 9 of Schedule 2 to the extent relevant to that institution.
3
Any information to be provided to the Authority under this regulation must be in such form or verified in such manner as it may direct.
.
6
In paragraph 19(d) of Schedule 3 (application of accounting standards), for “Auditing Practices Board” substitute “Financial Reporting Council Limited or a predecessor body”.
Amendment of the Electronic Money Regulations 2011
4
In paragraph 25(d) of Schedule 2 (application of accounting standards) to the Electronic Money Regulations 2011 , for “Auditing Practices Board” substitute “Financial Reporting Council Limited or a predecessor body”.
James Duddridge
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 2012 |
The Value Added Tax (Increase of Registration Limits) Order 2012
The Treasury, in exercise of the powers conferred by paragraph 15 of Schedule 1, and paragraph 9 of Schedule 3, to the Value Added Tax Act 1994 , makes the following Order:
Citation and Commencement
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2012 and comes into force on 1st April 2012.
Amendment of the Value Added Tax Act 1994
2
The Value Added Tax Act 1994 is amended in accordance with articles 3 and 4.
3
In Schedule 1 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£73,000” substitute “£77,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£71,000” substitute “£75,000” .
4
In Schedule 3 (registration in respect of acquisitions from other member States) in paragraphs 1(1) and (2) and 2(1)(a) and (b) and (2), for “£73,000” substitute “£77,000” .
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2012 |
The Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 31B(1), (3), (4) and (5), 34(4), 42B(1), (3),(4) and (5), 45(3), (4) and (5), 48(3) to (6), 52ZX(5), (7) and (8) and 113(1) and (2) of the Local Government Finance Act 1992 , makes the following Regulations:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012 and shall come into force on 30th November 2012.
2
These Regulations apply in relation to England only.
3
For the purposes of these Regulations —
a
unless the context otherwise requires, any reference to a section or a Schedule is a reference to a section of, or a Schedule to, the 1992 Act ; and
b
a dwelling is exempt if it belongs to a class prescribed by an order made by the Secretary of State under section 4(2).
4
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1992 Act” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999 ;
“the authority’s list” means the copy of the authority’s valuation list deposited by it under section 22(8);
“chargeable dwelling” means any dwelling in respect of which council tax is payable;
“a relevant percentage” means a percentage by which the amount of council tax payable in respect of any chargeable dwelling and any day is reduced due to the application of a discount under section 11 or 11A or increased due to the application of a premium under section 11B, as the case may be of the 1992 Act.
Application of rules
2
The rules contained in these Regulations are to apply to the making for any financial year beginning on or after 1st April 2013 of the calculations required by item T in sections 31B(1), 42B(1), and 52ZX(5) of the 1992 Act and section 88(2) of the 1999 Act and item TP in sections 34(3), 45(3) and 48(3) and (4) of the 1992 Act and item TP2 in section 89(4) of the 1999 Act.
Calculation of billing authority’s council tax base
3
1
Subject to paragraph (4), for the purposes of item T in section 31B(1), a billing authority’s council tax base for a financial year shall be calculated by applying the formula —
A × B
where —
A is the total of the relevant amounts for that year for each of the valuation bands which is shown or is likely to be shown for any day in that year in the authority’s valuation list as applicable to one or more dwellings situated in its area;
B is the authority’s estimate of its collection rate for that year.
2
A billing authority shall estimate its collection rate for a financial year for the purposes of paragraph (1) by estimating the aggregate of the amounts which are likely to be paid to the authority as mentioned in sub-paragraph (a) below or transferred to its collection fund as mentioned in sub-paragraph (b) below, less any amounts which are likely to be transferred from its collection fund as mentioned in that sub-paragraph, in that or any other financial year, expressed as a proportion of its estimate of the aggregate of —
a
the total of any amounts in respect of council tax for that year which are payable to the authority under the 1992 Act less the total of any council tax reductions for that year falling within paragraph (3)(a) or (b); and
b
the total of any amounts in respect of council tax reductions which are transferable for that year to the authority’s collection fund pursuant to directions under section 98(5) of the 1988 Act less the total of any such amounts which are transferable for that year from the authority’s collection fund pursuant to directions under section 98(4) of the 1988 Act.
3
For the purposes of paragraph (2), “council tax reductions” means any amount —
a
by which the amount a person is liable under the 1992 Act to pay in respect of council tax is reduced pursuant to regulations under section 138 of the Social Security Administration Act 1992 ;
b
which an authority determines pursuant to paragraph 6 or 7 of Schedule 2 that a person is not required to pay; or
c
by which the amount a person is liable to pay in respect of council tax is reduced pursuant to regulations under section 13.
4
Where it appears to the authority likely that, for any financial year, the Secretary of State for Defence will pay to it a sum in respect of the council tax which would be payable if Class O exempt dwellings situated in its area were not exempt, the authority shall add to the amount given by the formula in paragraph (1) for that year such amount as the authority considers appropriate in relation to its tax base by reference to the sum likely to be paid by the Secretary of State for Defence.
5
For the purposes of paragraph (4), “Class O exempt dwellings” means any dwellings which are exempt dwellings by virtue of belonging to Class O prescribed by the Council Tax (Exempt Dwellings) Order 1992 .
Calculation of the relevant amounts for a financial year beginning on or after 1st April 2013
4
1
For the purposes of regulation 3, the relevant amount for a financial year beginning on or after 1st April 2013 (“the year”) for a valuation band (“the band”) is the amount found by applying the formula —
(
(
H − Q + E + J
) − Z
) × (
F
d i v i d e d b y G
)
where —
H is the number of chargeable dwellings in the area of the billing authority listed in the band on the relevant day calculated by the authority in accordance with paragraph (2);
Q is a factor to take account of the discounts to which the amount of council tax payable was subject on the relevant day calculated in accordance with paragraph (4);
E is a factor to take account of the premiums, if any, to which the amount of council tax payable was subject on the relevant day calculated in accordance with paragraph (5);
J is the amount of any adjustment in respect of changes in the number of chargeable dwellings, discounts or premiums calculated by the authority in accordance with paragraph (7);
Z is the total amount that the authority estimates will be applied pursuant to the authority’s council tax reduction scheme in relation to the band, expressed as an equivalent number of chargeable dwellings in that band;
F is the number which, in the proportion set out in section 5(1), is applicable as regards the year to dwellings listed in the band;
G is the number which, in that proportion, is applicable as regards the year to dwellings listed in valuation band D.
2
The authority shall calculate the number of chargeable dwellings for the purposes of item H in paragraph (1) by deducting from the number of dwellings listed in the band on the relevant day its estimate of the number of such dwellings which were exempt on that day.
3
For the purposes of paragraph (2), the authority shall ascertain the number of dwellings listed in any valuation band by reference to —
a
the state on the relevant day of the authority’s list, including any alterations of the list which were shown as having effect on that day; and
b
any alterations of the valuation list maintained by the listing officer for that authority which were not shown on the authority’s list but of which the authority had been informed by the listing officer and which had effect on that day.
4
Q is the aggregate of amounts found by multiplying, for each different relevant percentage, R by S, where —
R is the number of dwellings taken into account for the purposes of item H in paragraph (1), for which the amount of council tax payable for the relevant day was reduced by that relevant percentage, estimated by the authority in accordance with paragraph (6);
S is that relevant percentage.
5
E is the aggregate of amounts found by multiplying, for each different relevant percentage, R1 by S1, where —
R1 is the number of dwellings taken into account for the purposes of item H in paragraph (1), for which the amount of council tax payable for the relevant day was increased by that relevant percentage, estimated by the authority in accordance with paragraph (6);
S1 is that relevant percentage.
6
The authority shall make the estimates required for the purposes of item Z in paragraph (1) and for the purposes of paragraphs (4) and (5) on the basis of all the information available to the authority on the relevant day.
7
The authority shall calculate the amount of any adjustment for the purposes of item J in paragraph (1) as equal to the amount by which the number which the authority calculates in accordance with paragraph (8) exceeds the number which the authority calculates in accordance with paragraph (9); and if there is no such excess, the adjustment shall be nil or, as the case may be, a negative amount.
8
Subject to paragraph (12), the authority shall calculate the aggregate of —
a
the authority’s estimate of the number of chargeable dwellings which are not ascertained for the purposes of paragraph (2) as listed in the band on the relevant day but which will be listed in the band for the whole or part of the year;
b
the aggregate of amounts found by multiplying, for each different relevant percentage, U by V, where —
U is the authority’s estimate of the number of dwellings in respect of which the amount of council tax payable for the relevant day was reduced by that relevant percentage and which were taken into account for the purposes of item R in paragraph (4), but in respect of which the amount of council tax payable for the whole or part of the year will not be reduced by that relevant percentage;
V is that relevant percentage; and
c
the aggregate of amounts found by multiplying, for each different relevant percentage, U1 by V1, where —
U1 is the number of dwellings, taken into account for the purposes of item H in paragraph (1) or falling within paragraph (8)(a), in respect of which the amount of council tax payable for the whole or part of the year will be increased by that relevant percentage, and which were not taken into account for the purposes of item R1 in paragraph (1), estimated by the authority in accordance with paragraph (5);
V1 is that relevant percentage.
9
Subject to paragraph (12), the authority shall calculate the aggregate of —
a
the authority’s estimate of the number of chargeable dwellings which are ascertained for the purposes of paragraph (2) as listed in the band on the relevant day but which —
i
will not be listed in the band for the whole or part of the year; or
ii
will be exempt at any time in the year or that part of the year for which they will be listed;
b
the aggregate of amounts found by multiplying, for each different relevant percentage, W by X, where —
W is the number of dwellings, taken into account for the purposes of item H in paragraph (1) or falling within paragraph (8)(a), in respect of which the amount of council tax payable for the whole or part of the year will be reduced by that relevant percentage, and which were not taken into account for the purposes of item R in paragraph (1), estimated by the authority in accordance with paragraph (4);
X is that relevant percentage; and
c
the aggregate of amounts found by multiplying, for each different relevant percentage, W1 by X1, where —
W1 is the authority’s estimate of the number of dwellings in respect of which the amount of council tax payable for the relevant day was increased by that relevant percentage and which were taken into account for the purposes of item R1 in paragraph (5), but in respect of which the amount of council tax payable for the whole or part of the year will not be increased by that relevant percentage;
X1 is that relevant percentage.
10
For the purposes of calculating item Z in paragraph (1), the estimate shall take account of the following —
a
the amount estimated by the authority by which the total amount to be applied pursuant to its council tax reduction scheme will increase as a result of —
i
the number of chargeable dwellings which are not ascertained for the purposes of paragraph (2) as listed in the band on the relevant day but which will be listed in the band for the whole or part of the year;
ii
any increase in the number of persons who will become entitled to a reduction during the year; and
b
the amount estimated by the authority by which the total amount to be applied pursuant to its council tax reduction scheme will decrease as a result of —
i
the number of chargeable dwellings which are ascertained for the purposes of paragraph (2) as listed in the band on the relevant day but which will not be listed in the band for the whole or part of the year or which will be exempt at any time in the year or that part of the year for which they will be listed;
ii
any decrease in the number of persons who will cease to be entitled to a reduction during the year.
11
For the purposes of making any of the calculations or estimates referred to in paragraphs (1), (2), (7), (8), (9) and (10), in any case where —
a
the person who is liable to pay council tax in respect of a dwelling listed in any of the valuation bands B to H is liable to pay a reduced amount pursuant to regulations under section 13; and
b
the reduced amount is calculated by reference to a different valuation band from the band in which it is listed,
the authority shall treat the dwelling as being listed in the different valuation band for the period in respect of which the calculation is made.
12
Where it appears to the authority likely that —
a
a dwelling will be listed in a band in the authority’s list, or will not be so listed, for part of the year;
b
a dwelling will be exempt for part of the year during a period for which it will be listed in a band in the authority’s list;
c
the amount of council tax payable in respect of a dwelling will be subject to a discount of a relevant percentage, or a reduction, for part of the year; or
d
the amount of council tax payable in respect of a dwelling will be subject to a premium of a relevant percentage, or an increase, for part of the year,
the authority shall, for the purposes of making any of the estimates referred to in paragraphs (8), (9) or (10), treat such a dwelling, discount or premium as a fraction produced by dividing the number of days in that part of the year by the number of days in the year.
13
For the purposes of this regulation, the relevant day in respect of financial years beginning on or after 1st April 2013 is 30th November in the financial year preceding that for which the relevant amount is calculated.
Band A dwellings: reductions for disability
5
1
For the purposes of regulations 3 and 4, dwellings listed in band A in respect of which a reduced amount of council tax is payable pursuant to the Council Tax (Reductions for Disabilities) Regulations 1992 shall be treated as if they were listed in a band additional to those set out in section 5.
2
In respect of the additional band, F in regulation 4(1) shall be 5.
Calculation of billing authority’s council tax base for a part of its area
6
1
For the purposes of item TP in section 34(3) and item T in section 52ZX(5), a billing authority’s council tax base for a part of its area for any financial year (“the year”) shall be calculated by applying the formula —
M × (
N d i v i d e d b y (
M + O
)
)
where —
M is the unscaled council tax base for that part of the authority’s area for the year;
N is the authority’s council tax base for the year for the purposes of item T in section 31B(1);
O is the unscaled council tax base for the remaining part of the authority’s area for the year.
2
For the purposes of paragraph (1), the unscaled council tax base for a part of a billing authority’s area for the year shall be calculated in accordance with the rules contained in regulations 3 and 4 but, for these purposes —
a
any reference to dwellings shall be construed as a reference to dwellings situated in the part of the authority’s area for which its council tax base is being calculated;
b
item B in regulation 3 is the amount determined for that item for the purposes of the calculation required by item T in section 31B(1); and
c
in regulation 4, the relevant day in respect of the year is —
i
where the authority determines the amount for item TP in section 34(3) and item T in section 52ZX(5) in the period beginning on 1st December and ending on 31st January in the preceding financial year, 30th November in the preceding financial year; and
ii
in any other case, the day on which the authority calculates the relevant amount for the year for the purposes of item TP in section 34(3) and item T in section 52ZX(5).
Calculation of council tax base for the purposes of a major precepting authority
7
1
For the purposes of item T in section 42B(1) of the 1992 Act and section 88(2) of the 1999 Act and item TP in section 45(3) of the 1992 Act and item TP2 in section 89(4) of the 1999 Act, the council tax base for a billing authority’s area for any financial year shall be calculated in accordance with the rules contained in regulations 3 and 4 and, for these purposes, item B in regulation 3 and items H, Q, E, J and Z in regulation 4, and any amount added in accordance with regulation 3(4), are the amounts determined for those items or so added for the purposes of the calculation required by item T in section 31B(1).
2
For the purposes of item T in section 42B(1) and item TP in sections 45(3) and 48(3) and (4), the council tax base for a part of a billing authority’s area for any financial year shall be calculated in accordance with the rules contained in regulation 6 and, for these purposes, where the council tax base for that year for that part of the billing authority’s area has been calculated for the purposes of item TP in section 34(3), items H, Q, E, J and Z in regulation 4, and any amount added in accordance with regulation 3(4), are the amounts determined for those items or so added for the purposes of the calculation required by item TP in that subsection.
Prescribed period
8
The period beginning on 1st December and ending on 31st January in the financial year preceding that for which the calculation of the council tax base is made is prescribed for the purposes of item T in sections 31B(1), 42B(1), and 52ZX(5) of the 1992 Act and section 88(2) of the 1999 Act and item TP in sections 45(3) and 48(3) and (4) of the 1992 Act and item TP2 in section 89(4) of the 1999 Act.
Determination of billing authority’s council tax base
9
1
Item T in section 31B(1) shall, in any case where a billing authority fails to notify its calculation for a financial year to each of the major precepting authorities concerned within the period prescribed in regulation 8, be determined by those authorities in the following manner.
2
In any case where the billing authority has notified its calculation to one or more of the major precepting authorities concerned, item T shall be determined as the amount so notified by each of the major precepting authorities concerned.
3
Subject to paragraph (5), in any other case item T shall be determined in accordance with the rules contained in regulations 3 and 4, on the basis of all the information available to the major precepting authority making the determination but, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
4
A major precepting authority making a determination of item T for a financial year in accordance with paragraph (3) shall have regard to, in particular, —
a
the amount of the billing authority’s council tax base determined for item T for the preceding financial year; and
b
any amount calculated as the billing authority’s council tax base for the financial year in question by the Secretary of State for the purposes of the distribution of revenue support grant under Part 5 of the 1988 Act.
5
Where one of the major precepting authorities concerned (“the first authority”) has made a determination of item T for a financial year in accordance with paragraph (3), item T shall be determined by the other major precepting authorities concerned as the amount determined by the first authority.
6
In this regulation, “the major precepting authorities concerned” are any major precepting authorities which have power to issue precepts to the billing authority.
Determination of council tax base for the purposes of a major precepting authority
10
1
Item T in section 42B(1) of the 1992 Act and section 88(2) of the 1999 Act or, as the case may be, item TP in section 45(3) or 48(3) or (4) of the 1992 Act or item TP2 in section 89(4) of the 1999 Act shall, in any case where one or more of the billing authorities concerned fails to notify any calculation required by those items for a financial year to a major precepting authority within the period prescribed in regulation 8, be determined by the major precepting authority in the following manner.
2
In any case where one or more of the amounts required to be calculated by the item in question (a “required amount”) is notified to the major precepting authority within the period prescribed in regulation 8, the item shall be equal to the aggregate of such amounts and any other required amounts determined in accordance with paragraph (4) or, as the case may be, (5).
3
In any other case the item in question shall be equal to the aggregate of the required amounts determined in accordance with paragraph (4) or, as the case may be, (5).
4
Where the required amount is the amount of a billing authority’s council tax base, the required amount shall be equal to the amount determined for item T in section 31B(1) for the financial year in question.
5
Where the required amount is the amount of a billing authority’s council tax base for a part of its area, the required amount shall be calculated in accordance with the rules contained in regulation 6 on the basis of all the information available to the major precepting authority making the determination and, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
6
In this regulation, “the billing authorities concerned” are any billing authorities to which the major precepting authority issues precepts for the financial year in question.
Determination of council tax base for the purposes of a local precepting authority
11
1
Item T in section 52ZX(5) shall, in a case where a billing authority fails to notify its calculation for a financial year to the local precepting authority concerned within the period prescribed in regulation 8, be determined by the local precepting authority in the following manner.
2
Item T shall be determined in accordance with the rules contained in regulation 6 on the basis of all the information available to the local precepting authority but, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
3
The local precepting authority shall, in particular, have regard to any amount calculated for the preceding financial year by the billing authority —
a
as item TP in section 34(3) for the part of its area falling within the local precepting authority’s area, or
b
as item T in section 52ZX(5).
Consequential amendments
12
1
In each of the following provisions for “the Local Authorities (Calculation of Council Tax Base) Regulations 1992” substitute “the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012” —
a
regulation 7(11) of the Transport Levying Bodies Regulations 1992 ;
b
regulation 6(7) of the Levying Bodies (General) Regulations 1992 ;
c
regulations 3 and 4 of the Local Government Changes for England (Calculation of Council Tax Base) Regulations 1994 ;
d
regulation 1(5) of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 ;
e
regulation 2(2)(c) of the Council Tax (Demand Notices) (England) Regulations 2009 .
2
The Local Authorities (Calculation of Council Tax Base) (Supply of Information) Regulations 1992 are amended as follows —
a
in regulation 3(2)(c)(i) for “the Local Authorities (Calculation of Council Tax Base) Regulations 1992” substitute “the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012”; and
b
in the same sub-paragraph for “item T in section 33(1) of the Act” substitute “item T in section 31B of the Act”.
3
The Local Government (Structural Changes) (Finance) Regulations 2008 are amended as follows —
a
in regulation 12(1) and paragraphs 8, 9 and 10 of Schedule 2 for “the Local Authorities (Calculation of Council Tax Base) Regulations 1992” substitute “the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012”;
b
in paragraph 8 of Schedule 2 for “citation, commencement and interpretation” substitute “citation, commencement, application and interpretation” and for “paragraph (3)” substitute “paragraph (4)”;
c
in sub-paragraph (a)(i) of paragraph 9 of Schedule 2 after “for the purposes of item TP in section 34(3)” insert “and item T in section 52ZX(5)”;
d
in sub-paragraph (b) of paragraph 9 of Schedule 2 for the words “paragraph (2)(d)(ii)(aa)” substitute “paragraph (2)(d)(i)” and after “amount for item TP in section 34(3)” insert “and item T in section 52ZX(5)”;
e
in sub-paragraph (c) of paragraph 9 of Schedule 2 for the words “paragraph (2)(d)(ii)(bb)” substitute “paragraph (2)(d)(ii)”.
4
The Environment Agency (Levies) (England and Wales) Regulations 2011 are amended as follows —
a
in regulation 7(1) for “the 1992 Regulations” substitute “the 2012 Regulations”; and
b
in regulation 7(2) for the definition of “the 1992 Regulations” substitute ““the 2012 Regulations ” means the Local Authorities (Calculation of Council Tax Base) (Amendment) Regulations 1992”.
Revocation of Regulations
13
The Regulations in the Schedule are revoked in relation to a financial year beginning on or after 1st April 2013.
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
20th November 2012
SCHEDULE
Revocations
Regulation 13
Regulations revoked References Extent of revocation
The Local Authorities (Calculation of Council Tax Base) (England) Regulations 1992 S.I. 1992/ 612 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment) Regulations 1992 S.I. 1992/1742 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment) (No 2) Regulations 1992 S.I. 1992/2943 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment) (England) Regulations 1999 S.I. 1999/3123 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment — Greater London Authority) Regulations 1999 S.I. 1999/3437 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment) (England) Regulations 2003 S.I. 2003/3012 The whole Regulations The Local Authorities (Calculation of Council Tax Base) (Amendment) (England) (No 2) Regulations 2003 S.I. 2003/3181 The whole Regulations |
The Export Control (Amendment) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of the Export Control Act 2002 , makes the following Order.
Citation and commencement
1
This Order may be cited as the Export Control (Amendment) Order 2012 and comes into force on 16th April 2012.
Revocation
2
The Export Control (Amendment) ( No. 3) Order 2011 is revoked.
Amendments to the Export Control Order 2008
3
1
The Export Control Order 2008 is amended as follows.
2
After article 4 insert —
Movement of certain medicinal products to the United States of America
4A
1
Subject to articles 17 and 26, no person shall export a human or veterinary medicinal product containing the active ingredient pancuronium bromide where —
a
the product is in a form suitable for injection or for preparation of an injection; and
b
paragraph (2) or (3) applies.
2
This paragraph applies where the destination of the product is the United States of America.
3
This paragraph applies where the destination is not the United States of America but the exporter knows that the final destination of the product is the United States of America.
.
3
In article 17 (transit or transhipment exception), in paragraph (1) after “4,” insert “4A,”.
4
In article 41 (application of CEMA in respect of offences), in each of paragraphs (1)(a)(i) and (2)(a) after “4,” insert “4A,”.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
23rd March 2012 |
The Indication of Prices (Beds) (Revocation) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 4(1)(c) and section 4(4) of that Act .
Citation and coming into force
1
This Order may be cited as the Indication of Prices (Beds) (Revocation) Order 2012 and comes into force on 1st October 2012.
Revocation
2
The Indication of Prices (Beds) Order 1978 is revoked.
Norman Lamb
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
11th July 2012 |
The Local Justice Areas (No. 3) Order 2012
The Lord Chancellor, in exercise of the powers conferred by sections 8(4) and 108(6) of the Courts Act 2003 and after consulting in accordance with section 8(5A) and 8(6) of that Act , makes the following Order.
Citation and Commencement
1
1
This Order may be cited as the Local Justice Areas (No. 3) Order 2012.
2
This Order comes into force on 28th January 2013 for the purposes of Part 1 of the Schedule to this Order.
3
For all other purposes, this Order comes into force on 1st July 2013.
Interpretation
2
1
In this Order —
“existing area” means a local justice area as it exists immediately before 1st July 2013;
“new area” means a local justice area constituted by this Order.
2
Any reference to a justice for an area is to be construed as a reference to a justice of the peace who ordinarily acts, or as the case may be, will on or after 1st July 2013, ordinarily act, in and for that area.
New Areas
3
The existing areas of North West Wiltshire, South East Wiltshire and Swindon are combined to become a new area named County of Wiltshire.
Amendment to the Local Justice Areas Order 2005
4
The Schedule to the Local Justice Areas Order 2005 is amended as follows —
a
omit “North West Wiltshire”;
b
omit “South East Wiltshire”;
c
omit “Swindon”; and
d
after “County Durham and Darlington” insert “County of Wiltshire”.
Schedule
5
The provisions set out in the Schedule to this Order have effect.
Signed by authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
17th December 2012
SCHEDULE
Article 5
PART 1
Consequential and Transitional Provisions
1
The persons and bodies appointed, elected or formed (as the case may be) in the prescribed manner for the new area shall serve for the term provided for under paragraph 4.
2
In this Schedule, the persons and bodies referred to are —
a
a chairman and one or more deputy chairmen of the justices of a local justice area;
b
a Bench Training and Development Committee;
c
a youth panel and a chairman and one or more deputy chairman of a youth panel.
3
In this Schedule, the “prescribed manner” means —
a
in relation to the election of a chairman or deputy chairman of the justices, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 ;
b
in relation to the formation of a Bench Training and Development Committee and the appointment of a member of a Bench Training and Development Committee, the manner prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007 ;
c
in relation to the formation of a youth panel and the election of a chairman and one or more deputy chairman of a youth panel, the manner prescribed by the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007 .
4
In paragraph 1 of this Schedule, “term” means —
a
in relation to the election of a chairman or deputy chairman of the justices, the period starting on 1st July 2013 and ending on 31st December 2013;
b
in relation to the formation of a Bench Training and Development Committee and the appointment of a member of a Bench Training and Development Committee, the period starting on 1st July 2013 and ending, for one third of the members on 31st December in the years 2013, 2014 and 2015 respectively;
c
in relation to the formation of a youth panel and the election of a chairman and one or more deputy chairman of a youth panel, the period starting on 1st July 2013 and ending on 31st December 2013.
5
In this Schedule any reference to the manner prescribed by rules for any election, appointment or formation shall not include provisions relating to dates, times or time limits.
6
1
The persons who will be justices for a new area may hold a meeting before 1st July 2013 for the purposes set out in this Part of the Schedule and in order to prepare to assume their functions on and after that date.
2
If a meeting is held in accordance with sub-paragraph (1) it shall be treated as if it were a meeting of the justices for the new area for the purposes of the enactments cited in this Part of this Schedule despite the fact that the new area was not at that time in existence.
3
The persons appointed or elected for a new area may hold one or more meetings after the conclusion of the process of appointment or election but before 1st July 2013 for the purpose of preparing to assume their functions on and after that date.
PART 2
Other things done
7
Subject to the provisions of this Schedule anything done before 1st July 2013 by, to, before or in relation to any justices for an existing area, their clerk or any other officer of the court, shall on or after that date, be deemed to have been done by, to, before or in relation to those justices, their clerk or any other officer of the court, as justices for the new area, their clerk or any other officer of the court, as the case may be. |
The Education (Induction Arrangements for School Teachers) (England) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 135A, 135B, 141C(1)(b), 210(4) and (7) and 214(1) and (2)(b) of the Education Act 2002 .
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 2012 and, subject to paragraph (2), come into force on 1st September 2012.
2
Regulation 16(b) comes into force on 1st September 2013.
3
These Regulations apply in relation to England.
Revocations and transitional provision
2
1
Subject to paragraph (2), the 2008 Induction Regulations are revoked.
2
The 2008 Induction Regulations continue to apply to any person who completed an induction period within the meaning of those Regulations before 1st September 2012, and these Regulations do not apply to any such person.
3
In paragraph (2) the reference to a person who has completed an induction period includes a person —
a
whose induction period is extended under regulation 16(3)(b), 19(3)(c) or 19(4)(c) of the 2008 Induction Regulations; and
b
who immediately before 1st September 2012 has not completed the induction period as extended.
Interpretation
3
1
In these Regulations —
“appropriate body” means the appropriate body under regulation 4;
“authority” means a local authority;
“institution” means a school or institution in which an induction period may be served under these Regulations;
“teaching school” means a school designated as such by the National College for School Leadership or the Secretary of State;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2003 Qualifications Regulations ” means the Education (School Teachers’ Qualifications) (England) Regulations 2003 ;
“the 2008 Induction Regulations” means the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 ;
“the Welsh Induction Regulations ” means the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005 .
2
For the purposes of these Regulations, “head teacher” includes the principal of an institution.
Appropriate body
4
1
For the purposes of these Regulations the appropriate body —
a
in relation to a relevant school is a body mentioned in paragraph (2) which has agreed to act as the appropriate body in relation to the school;
b
in relation to an independent school, a 16 to 19 Academy , an alternative provision Academy or a non-maintained nursery school is a body mentioned in paragraph (2) which has agreed to act as the appropriate body in relation to the school or Academy (as the case may be); and
c
in relation to a further education institution is a body mentioned in paragraph (2) (b) or (c) which has agreed to act as the appropriate body in relation to the institution.
2
A body referred to in paragraph (1) is —
a
any body of persons (corporate or unincorporate) whom the Secretary of State has determined may act as the appropriate body in relation to such institutions;
b
an authority; or
c
subject to paragraph (3), a teaching school.
3
A teaching school may not act as the appropriate body in relation to an institution in respect of any teacher —
a
who has been assessed by that teaching school as meeting the specified standards for the purposes of the award of qualified teacher status; or
b
who is serving any part of their induction period at that school.
4
For the purposes of this regulation, “specified standards” means the standards set out in “Teachers’ Standards” published by the Secretary of State in July 2011 .
Requirement to serve an induction period
5
Subject to the exceptions in Schedule 1, no qualified teacher is to be employed or engaged as a teacher at a relevant school unless that person has satisfactorily completed an induction period in accordance with these Regulations.
Institutions in which an induction period may be served
6
1
Subject to paragraphs (3) and (4), an induction period may be served in —
a
a relevant school;
b
a nursery school that —
i
is not maintained by an authority; and
ii
is not a special school;
c
an independent school in England;
d
an independent school overseas, provided that —
i
such a school is a member of an organisation which the Secretary of State has determined may represent independent schools overseas; and
ii
an inspection within the previous six years by an inspectorate accredited by the Secretary of State has confirmed that the school complies with the standards issued by the Secretary of State for such schools;
e
a 16 to 19 Academy and an alternative provision Academy; or
f
a further education institution.
2
Subject to paragraph (3), an induction period may also be served in a school or a further education institution in Wales in which an induction period may be served under the Welsh Induction Regulations.
3
An induction period may not be served in —
a
a school which is eligible for intervention by virtue of section 62 of the 2006 Act , unless —
i
the person in question first worked as a qualified teacher, or was employed on an employment-based teacher training scheme, at the school at a time when the school was not eligible for intervention by virtue of section 62 of the 2006 Act or at a time when the circumstances described in section 15(6) of the 1998 Act did not apply; or
ii
the Chief Inspector has certified in writing that the Chief Inspector is satisfied that the school, or the part of such a school in which the person in question teaches, is fit for the purpose of providing supervision and training during an induction period; or
b
a further education institution where the most recent report made pursuant to section 124(4)(a) of the 2006 Act stated that the Chief Inspector considered that the education or training inspected was not of an adequate quality, unless —
i
the person in question first worked as a qualified teacher in that institution at a time when the most recent of such reports did not state that the Chief Inspector considered that the education or training inspected was not of an adequate quality; or
ii
the Chief Inspector has certified in writing that the institution, or the part of such an institution in which the person in question teaches, is fit for the purpose of providing supervision and training during an induction period.
4
An induction period may not be served unless, before the start of the induction period, it has been agreed that an appropriate body is to act as such.
5
For the purposes of this regulation —
a
“the 2006 Act” means the Education and Inspections Act 2006 ;
b
“employment-based teacher training scheme” means a scheme established, or having effect as if established, by the Secretary of State for the purposes of paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations ;
c
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
Length of an induction period
7
1
Subject to the following provisions of this regulation, the length of the induction period is a period equivalent to three school terms of the institution in which induction is begun, based on a school year of three terms.
2
A period of continuous employment as a qualified teacher of at least the equivalent of one school term, based on a school year of three terms, counts towards an induction period.
3
The appropriate body may, with the consent of the teacher concerned, reduce the induction period which the teacher is required to serve to a minimum of one school term if they are satisfied that the teacher has met the standards referred to in regulation 10(5).
4
Unless, before the start of the induction period, the head teacher of the institution agrees, no period of engagement as a supply teacher counts towards an induction period.
Extension of an induction period before completion
8
1
Subject to paragraph (2), where a person serving an induction period is absent from work on 30 or more days, that person’s induction period is to be extended by the aggregate period of that person’s absences.
2
Paragraph (1) does not apply where a person is absent from work for more than 30 days only by reason of the maternity leave period specified in regulation 7(1) of the Maternity and Parental Leave etc Regulations 1999 unless she requests her induction period to be so extended.
3
Where an induction period is extended under regulation 10 of the Welsh Induction Regulations and the person serving the induction period becomes employed at an institution in England, the induction period is to be treated as having been extended under this regulation.
4
Except as provided for in this regulation an induction period may not be extended before its completion.
Service of more than one induction period
9
No person may serve more than one induction period.
Supervision, training and assessment
10
1
The head teacher of an institution in which a person is serving an induction period and the appropriate body are responsible for that person’s supervision and training during that induction period.
2
Where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of those institutions must agree which of them, and which appropriate body, is to be responsible for that person’s supervision and training.
3
The duties assigned to a person serving an induction period, that person’s supervision and the conditions under which that person works are to be such as to facilitate a fair and effective assessment of that person’s conduct and efficiency as a teacher.
4
A person serving an induction period in a relevant school must not teach for more than 90 per cent of the time that a teacher at the school would be expected to teach.
5
The Secretary of State may determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period.
Completion of an induction period
11
1
A person (“P”) has completed an induction period for the purposes of this regulation where that person has served an induction period of the length specified in regulation 7 and any extension to that period provided for by these Regulations.
2
This regulation is subject to Schedule 2.
3
The head teacher of the institution at which P is employed at the completion of the induction period must within 10 working days beginning with the date on which the induction period was completed make a written recommendation to the appropriate body as to whether P —
a
has achieved the standards mentioned in regulation 10(5); or
b
should have the induction period extended by such period as the head teacher recommends,
and at the same time send a copy of the recommendation to P.
4
P may make written representations to the appropriate body with regard to the head teacher’s recommendation under paragraph (3) within 10 working days beginning with the date on which the recommendation is received.
5
The appropriate body must within 20 working days beginning with the date on which they received the head teacher’s recommendation under paragraph (3), decide whether P —
a
has achieved the standards mentioned in regulation 10(5) and has accordingly satisfactorily completed the induction period;
b
should have the induction period extended by such period as they determine; or
c
has failed satisfactorily to complete the induction period.
6
Before making a decision under paragraph (5) the appropriate body must have regard to any written representations made in accordance with paragraph (4).
7
The appropriate body must, within 3 working days (or as soon as practicable in the case of the Secretary of State) beginning with the date on which the decision was made under paragraph (5), give written notice of the decision to —
a
P;
b
the head teacher of the institution at which P was employed at the completion of the induction period;
c
if P is not employed by the appropriate body, P’s employer at the completion of the induction period; and
d
the Secretary of State.
8
Where the appropriate body made a decision falling within paragraph (5)(b) or (c), the appropriate body must also give P written notice of —
a
P’s right to appeal pursuant to regulation 14 against the decision;
b
the address to which an appeal should be sent; and
c
the time period for making an appeal.
9
In this regulation “appropriate body” means the appropriate body for the institution at which the person is employed at the completion of the induction period.
Termination of employment following failure satisfactorily to complete an induction period
12
1
This paragraph applies to a person employed as a teacher at a relevant school in England when the decision is made under regulation 11(5)(c) of these Regulations, or regulation 14(3)(c) of the Welsh Induction Regulations, that the person has failed satisfactorily to complete their induction period.
2
The employer of a person to whom paragraph (1) applies must secure the termination of the person’s employment as a teacher if —
a
no appeal is made to the Secretary of State or the General Teaching Council for Wales against the decision of the appropriate body; or
b
such an appeal is dismissed.
3
An employer must take the steps necessary to secure the termination of the person’s employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect within 10 working days beginning with the date on which —
a
the employer received written notification from the person that they did not intend to appeal to the Secretary of State; or
b
the time limit for appeal imposed by paragraph 2 of Schedule 3 or by paragraph 2(1) of Schedule 2 to the Welsh Induction Regulations expired, as the case may be.
4
The employer must take the steps necessary to secure the termination of the person’s employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect within 10 working days beginning with the date on which the employer received written notice of the outcome of the appeal hearing.
Inclusion on the list of persons who have failed satisfactorily to complete an induction period
13
1
Subject to paragraph (2), the name of any person in respect of whom a decision is made under regulation 11(5)(c) that the person has failed satisfactorily to complete an induction period which the person is required to serve must be included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002 .
2
The name of the person shall not be included on the list until —
a
the time within which an appeal may be made against the decision has expired; or
b
any such appeal is dismissed.
Appeals
14
1
Where the appropriate body makes a decision under regulation 11(5) that a person —
a
should have the induction period extended; or
b
has failed satisfactorily to complete the induction period,
that person may appeal to the Secretary of State against the decision.
2
Schedule 3 has effect in relation to appeals under this regulation.
3
Where a person appeals against a decision to extend the induction period, the Secretary of State may —
a
allow the appeal;
b
dismiss the appeal; or
c
substitute a different period of extension.
4
Where a person appeals against a decision that they have failed satisfactorily to complete the induction period, the Secretary of State may —
a
allow the appeal;
b
dismiss the appeal; or
c
extend the induction for such period as the Secretary of State thinks fit.
Other functions of the appropriate body
15
The appropriate body may provide —
a
guidance, support and assistance to institutions; and
b
training for teachers,
in connection with providing training, supervision and assessment under these Regulations.
Charges
16
Where an appropriate body exercises a function under these Regulations, they may make a reasonable charge not exceeding the cost of exercising that function —
a
to the proprietor of an independent school, 16 to 19 Academy, alternative provision Academy or nursery school, or to the governing body of a further education institution; or
b
to the governing body of a relevant school.
Guidance given by the Secretary of State
17
A person or body exercising a function under these Regulations must have regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.
Notice under these Regulations
18
Notice under these Regulations may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, in which case the notice will be deemed to have been received on the second day after the day on which it was transmitted.
Nick Gibb
Minister of State
Department for Education
18th April 2012
SCHEDULE 1
Cases in which a person may be employed as a qualified teacher in a relevant school without having satisfactorily completed an induction period under these Regulations
Regulation 5
1
A person who on 7th May 1999 was a qualified teacher.
2
A person who —
a
is serving an induction period (including an extended induction period); or
b
has completed such an induction period and is being employed to work as a teacher pending a decision of the appropriate body pursuant to regulation 11(5) of these Regulations or regulation 14(3) of the Welsh Induction Regulations.
3
A person who has failed satisfactorily to complete an induction period who continues to be employed pending the outcome of that person’s appeal.
4
A person who is employed for one or more periods of less than one school term as a supply teacher during the period of five years starting on the date on which that person becomes a qualified teacher.
5
A person who can no longer be employed under paragraph 4 of this Schedule but who is employed for a period as a supply teacher while serving an induction period in part-time service.
6
A person who has satisfactorily completed an induction period under regulations made from time to time under section 19 of the Teaching and Higher Education Act 1998 in relation to teachers in Wales.
7
A person —
a
who qualified as a teacher in England on or after 7th May 1999 but on or before 1st April 2003;
b
whose first post as a teacher (including as a supply teacher) following that person’s qualification was in a school in Wales; and
c
who on or before 1st April 2003 has completed not less than two school terms’ service in such a post.
8
A person who has, or is eligible for, full registration as a teacher of primary or secondary education with the General Teaching Council for Scotland.
9
A person who —
a
has successfully completed the induction stage of teacher education in Northern Ireland; or
b
was employed as a teacher in Northern Ireland at any time prior to the introduction of the induction stage of teacher training in Northern Ireland.
10
A person who is, as respects the profession of school teacher, entitled to practice pursuant to Part 2 and Chapters 1, 2 and 4 of Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 .
11
A person who has successfully completed a probationary period for teachers under arrangements approved and supervised by the Director of Education of Gibraltar.
12
A person who has successfully completed the States of Jersey Induction Programme for Newly Qualified Teachers.
13
A person who has been approved by the States of Guernsey Education Department as having successfully completed an induction period for teachers.
14
A person who has successfully completed an induction period for teachers under arrangements approved and supervised by the Isle of Man Department of Education and Children.
15
A person who on or before 7th May 1999 —
a
was employed as a teacher at a relevant school in England or Wales; and
b
either —
i
had successfully completed a course of initial training for teachers in schools at an educational institution in Scotland; or
ii
was registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.
16
A person who on or before 7th May 1999 —
a
was employed as a teacher at a relevant school in England or Wales; and
b
either —
i
had successfully completed a course of initial training for teachers in schools at an educational institution in Northern Ireland; or
ii
had been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Northern Ireland Department of Education, that confirmation not having been withdrawn at any time subsequent to the award.
17
A person who is a qualified teacher and who became so qualified by virtue of regulation 5 of, and paragraph 12 of Schedule 2 to, the 2003 Qualifications Regulations.
18
A person who —
a
has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such by the competent authority in that country;
b
has not less than two years’ full-time teaching experience, or its equivalent, in the United Kingdom or elsewhere;
c
is a qualified teacher who became so qualified on or after 26th April 2001 by virtue of regulation 5 of, and paragraph 9 or 10 of Schedule 2 to, the 2003 Qualifications Regulations; and
d
has been assessed by a person approved by the Secretary of State as meeting the standards mentioned in regulation 10(5).
19
A person who is a qualified teacher who became so qualified by virtue of regulation 5 of, and paragraph 13 of Schedule 2 to, the 2003 Qualifications Regulations.
20
A person who has successfully completed the Service Children’s Education Schools Induction Programme in Germany or Cyprus.
21
A person who on or before 1st September 2003 has successfully completed a course of initial teacher training in an educational institution in Wales.
22
A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13A of Schedule 2 to, the 2003 Qualifications Regulations.
23
A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13B of Schedule 2 to, the 2003 Qualifications Regulations.
24
1
A person —
a
who has been informed in error by the General Teaching Council for England or the Secretary of State that they are exempt from the requirement to complete an induction period; or
b
who has satisfactorily completed an induction period but is unable to produce verifying data,
and in relation to whom the appropriate body are satisfied, on the basis of the information referred to in sub-paragraph (2), that they have met the standards referred to in regulation 10(5).
2
The information referred to is the person’s most recent available appraisal report, covering a period of one year within the previous five years, from an institution referred to in regulation 6.
3
For the purposes of this paragraph, an appraisal report means a report of an appraisal or its equivalent carried out under the School Teacher Appraisal (Wales) Regulations 2002 , the Education (School Teacher Performance Management) (England) Regulations 2006 or the Education (School Teachers’ Appraisal) (England) Regulations 2012 .
SCHEDULE 2
Special provisions applying to a qualified teacher who has not passed the numeracy skills test on completion of the induction period
Regulation 11
1
1
In this Schedule “the numeracy skills test” means the numeracy test for the time being determined by the Secretary of State as an induction standard under regulation 10(5) in relation to persons who qualified between 1 st May 2000 and 30 th April 2001.
2
This Schedule applies in the case of a person who —
a
qualified as a teacher between 1st May 2000 and 30th April 2001; and
b
has completed an induction period but has not passed the numeracy skills test on the date when the induction period is completed.
2
The head teacher of the institution at which the person is employed at the completion of the induction period must within 10 working days beginning with the date when the induction period is completed —
a
make a written recommendation to the appropriate body as to whether the person has achieved the standards mentioned in regulation 10(5) except for passing the numeracy skills test, and
b
at the same time send a copy of that written recommendation to the person.
3
The appropriate body must —
a
not take any decision pursuant to regulation 11(5) in respect of such a person;
b
notify the Secretary of State that they have received a recommendation in respect of such a person, and at the same time send a copy of that notification to the person; and
c
notify the employer of the person where that employer is not the appropriate body.
4
The employer of the person must take the steps necessary to secure the termination of the person’s employment as a teacher so that the termination takes effect as soon as practicable at the end of the induction period.
5
A person to whom this Schedule applies but who subsequently passes the numeracy skills test must give written notification of that fact to —
a
the appropriate body; and
b
the Secretary of State.
6
The appropriate body, within 20 working days beginning with the date on which they receive such notification, must take a decision pursuant to regulation 11(5).
SCHEDULE 3
Procedure for appeal against a decision of the appropriate body
Regulation 14
Interpretation
1
In this Schedule —
“appellant” means a person who appeals to the Secretary of State under regulation 14(1);
“the parties” means the appellant and the respondent and a “party” means the appellant or the respondent, or either of the parties, as the context requires;
“respondent” means the appropriate body which took the decision which is the subject of the appeal.
Time for appeal
2
An appeal to the Secretary of State must be made by notice served on the Secretary of State within 20 working days beginning with the day on which the appellant is deemed to have received the notice under regulation 11(7).
Notice of appeal
3
A notice of appeal must —
a
contain —
i
the name and contact details of the appellant;
ii
the name and contact details of the institution at which the appellant was employed at the completion of the induction period;
iii
if the appellant is employed in a teaching capacity at the date the appellant makes the appeal, the name and contact details of the appellant’s employer;
iv
the name and contact details of any person representing the appellant in respect of the appeal;
v
the grounds on which the appellant appeals;
vi
a statement as to whether or not the appellant requests an oral hearing;
b
be signed by or on behalf of the appellant;
c
be accompanied by a copy of —
i
the notice given under regulation 11(7);
ii
any reasons given by the respondent in support of such notice;
iii
any other information on which the appellant seeks to rely for the purposes of the appeal.
4
1
The appellant may serve an amended notice of appeal on the Secretary of State at any time and, subject to sub-paragraph (2), the Secretary of State must send a copy to the respondent.
2
The Secretary of State need not comply with sub-paragraph (1) if the amended notice of appeal is received after the Secretary of State has —
a
determined to decide the appeal without a hearing; or
b
(as the case may be) notified the parties in accordance with paragraph 13(1).
3
Paragraph 3(a)(i) and (v), (b) and (c)(iii) apply in relation to an amended notice of appeal as they apply to a notice of appeal.
Acknowledgment of notice of appeal
5
The Secretary of State must —
a
send the appellant an acknowledgement of the notice of appeal;
b
send a copy of the notice of appeal and accompanying documents to the respondent;
c
send a copy of the notice of appeal to —
i
the head teacher of the institution at which the appellant was employed at the completion of the induction period;
ii
any person named in the notice of appeal as the appellant’s employer.
Reply from appropriate body etc.
6
1
The respondent must reply to the Secretary of State within 20 working days beginning with the day on which the respondent receives the copy of the notice of appeal.
2
The reply must state whether the respondent seeks to defend the decision which is the subject of the appeal.
3
Where the respondent seeks to defend the decision which is the subject of the appeal the reply must —
a
contain —
i
the respondent’s response to the grounds on which the appellant appeals;
ii
a statement as to whether or not the respondent requests an oral hearing;
b
be accompanied by —
i
any document or information on which the respondent wishes to rely in seeking to uphold the decision which is the subject of the appeal;
ii
the respondent’s reasons for giving notice under regulation 11(7), if not already provided to the appellant.
4
The respondent may serve an amended reply on the Secretary of State at any time and, subject to sub-paragraph (5), the Secretary of State must send a copy to the appellant.
5
The Secretary of State need not comply with sub-paragraph (4) if the amended reply is received after the Secretary of State has —
a
determined to decide the appeal without a hearing; or
b
(as the case may be) notified the parties in accordance with paragraph 13(1).
6
Sub-paragraph (3) applies in relation to an amended reply as it applies to a reply.
Acknowledgment of reply etc.
7
The Secretary of State must acknowledge the reply and send a copy of the reply and any accompanying documents and information to the appellant.
Information: further provision
8
1
The Secretary of State may require the appellant or the respondent to provide the Secretary of State with such further documents or information as the Secretary of State considers appropriate by the date specified in the request.
2
The Secretary of State must inform the appellant or the respondent (as the case may be) of any request made under sub-paragraph (1).
3
The appellant or the respondent may provide further documents or information to the Secretary of State at any time.
4
Subject to sub-paragraph (5), the Secretary of State must send a copy of any document or information provided by one of the parties to the other party.
5
The Secretary of State need not comply with sub-paragraph (4) where the further document or information is received after the Secretary of State has —
a
determined to decide the appeal without a hearing; or
b
(as the case may be) notified the parties in accordance with paragraph 13(1).
Withdrawal of appeal or reply
9
1
The appellant may withdraw the appeal at any time by notice served on the Secretary of State.
2
The respondent may withdraw the reply at any time by notice served on the Secretary of State.
3
The Secretary of State must notify the respondent if the appellant withdraws the appeal and the appellant if the respondent withdraws the reply.
Determination of appeal on failure to defend the appeal or withdrawal of appeal or reply
10
1
The Secretary of State must allow the appeal where —
a
the respondent’s reply states that the respondent does not seek to defend the decision which is the subject of the appeal; or
b
the respondent withdraws the reply.
2
The Secretary of State must notify the appellant if the appeal is allowed under sub-paragraph (1).
Determination of appeal without a hearing
11
At any time after the expiry of the period in paragraph 6(1) if neither of the parties has requested a hearing the Secretary of State may decide the appeal without a hearing.
Appeal panels
12
1
Where there is to be a hearing the Secretary of State must appoint a panel in accordance with sub-paragraph (2) to consider the appeal.
2
A panel must include at least three persons, comprising —
a
one or more teachers or persons who have been teachers in the past five years; and
b
one or more other persons.
Notification of hearing date etc.
13
1
Where there is to be a hearing the Secretary of State must —
a
notify the parties of the time and date of the hearing (which must be at least 15 working days after the date of the notice of the hearing), and its location;
b
offer the parties the opportunity to submit written representations instead of attending the hearing;
c
advise the parties of the possible consequences of failing to attend the hearing without having submitted written representations.
2
The Secretary of State must notify the parties of any change of date, time or location of a hearing.
Preparations for hearing
14
Each of the parties must, no later than 10 working days before the date of the hearing, inform the Secretary of State —
a
whether or not the party intends to appear or be represented at the hearing;
b
of the name of any witness the party intends to call at the hearing.
Written representations
15
1
A party choosing to submit written representations instead of appearing or being represented at a hearing must do so no later than 10 working days before the date of the hearing.
2
The Secretary of State must send a copy of any written representations to the other party to the appeal.
Procedure at the hearing
16
1
A hearing must be in public except so far as the Secretary of State determines the hearing is to be in private.
2
The procedure at the hearing is to be determined by the Secretary of State, and the panel appointed under paragraph 12 must consider cases referred to it by the Secretary of State in accordance with such procedure.
3
The panel must make a recommendation to the Secretary of State as to whether the appeal should be allowed.
4
The Secretary of State may adjourn a hearing.
Notification of decision on an appeal
17
1
The Secretary of State must notify in writing the persons specified in sub-paragraph (2) of the decision on an appeal and the reasons for that decision.
2
The persons referred to in sub-paragraph (1) are —
a
the parties; and
b
the head teacher of the institution at which the appellant was employed at the completion of the appellant’s induction period.
3
The Secretary of State must notify in writing any person named in the notice of appeal as the appellant’s employer of the decision.
Time limits and irregularities
18
1
The Secretary of State may extend any time limit imposed on the appellant or the respondent by this Schedule (whether before or after the expiry of the time limit) if the Secretary of State considers it appropriate to do so.
2
An irregularity in the procedure for an appeal does not of itself invalidate the decision on appeal. |
The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 93(10) of the Environment Act 1995.
Citation, commencement and extent
1
1
These Regulations —
a
may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012; and
b
come into force on the day after the day on which they are made.
2
Regulation 3 extends to England and Wales only.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
2
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended in accordance with regulations 3 and 4.
New Part 11
3
After Part 10 (revocation and transitional provision) insert —
PART 11 Review
Review
42
1
The Secretary of State must from time to time —
a
carry out a review of regulations 2 to 40 in relation to England and Wales;
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 Article 6(1) of the Packaging Waste Directive (which is implemented by means of regulations 2 to 40), as amended from time to time, 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 regulations 2 to 40;
b
assess the extent to which the 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 1st July 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Amendment of Schedule 2 (recovery and recycling obligations)
4
1
Schedule 2 is amended as follows.
2
In paragraph 1(1) —
a
after paragraph (b) omit “and”;
b
after paragraph (c) insert —
and
d
in relation to glass, to recycle by re-melt an amount of glass packaging which is glass packaging waste, as provided in paragraph 3(4),
.
3
In paragraph 3(2), for “2010 to 2012” substitute “2012 to 2017”.
4
After paragraph 3(3) insert —
4
Where in the preceding year the producer has handled any glass (whether in the form of packaging or packaging materials), the producer shall recycle by re-melt an amount of glass packaging waste calculated as follows —
L × B × W = G
where —
“L” is the amount to the nearest tonne of the glass (whether in the form of packaging or packaging materials) handled in Great Britain by the producer in the preceding year;
“B” is the percentage prescribed in paragraph 4 in relation to the class of producer;
“W” is the percentage prescribed in paragraph 6A as the recycling by re-melt target for the relevant year; and
“G” is the amount by tonnage of glass packaging waste which is to be recycled by re-melt in the relevant year.
.
5
For paragraph 5 substitute —
5
The following is prescribed as the recovery target “X” —
a
for the year 2012, 74%;
b
for the year 2013, 75%;
c
for the year 2014, 76%;
d
for the year 2015, 77%;
e
for the year 2016, 78%;
f
for the year 2017, 79%.
.
6
In paragraph 6, for Table 2 substitute —
Table 2: Recycling targets
Material 2012 2013 2014 2015 2016 2017
Glass 81 81 81 81 81 81 Aluminium 40 43 46 49 52 55 Steel 71 72 73 74 75 76 Paper/Board 69.5 69.5 69.5 69.5 69.5 69.5 Plastic 32 37 42 47 52 57 Wood 22 22 22 22 22 22
.
7
After paragraph 6 insert —
6A
The following percentages are prescribed as the recycling by re-melt target “W” in relation to the years indicated in the first column —
Table 2A: Recycling by re-melt targets for glass
Year Percentage
2013 63% 2014 63% 2015 63% 2016 64% 2017 64%
.
8
For paragraph 8 substitute —
8
The recycling allocation “B” is as follows —
a
29 for the year 2012;
b
30 for each of the years 2013 to 2017.
.
9
After paragraph 10 insert —
11
For the purposes of this Schedule, “recycling by re-melt” means the recycling of waste glass packaging or packaging materials using a method that melts the glass before it is re-formed into a product.
.
Amendment of the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010
5
In the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 omit paragraphs (4) to (6) of regulation 17.
de Mauley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th December 2012 |
The Localism Act 2011 (Regulation of Social Housing) (Consequential Provisions) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 236(1) of the Localism Act 2011 :
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Localism Act 2011 (Regulation of Social Housing) (Consequential Provisions) Order 2012.
2
This Order comes into force on the commencement date.
3
In this Order —
“the commencement date” means 1st April 2012;
“the HCA ” means the Homes and Communities Agency constituted by Part 1 of and Schedule 1 to the Housing and Regeneration Act 2008 ;
“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of that Act ;
4
This Order extends to England and Wales only.
Consequential amendments
2
1
In Schedule 1 to the Rent Act 1977 (Forms etc ) Regulations 1980 , omit “or the Homes and Communities Agency” in each place where it occurs.
2
In the Public Bodies’ Land (Appropriate Ministers) Order 1981 , the entry relating to the Regulator of Social Housing is omitted.
3
In paragraph 8 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , omit subparagraph (aa).
4
In section 2 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 , omit paragraph 13.
5
In paragraph 48(2) of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 , omit subparagraph (c).
6
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 —
a
the entry for “Office for Tenants and Social Landlords” is omitted and in the appropriate place insert “Homes and Communities Agency”; and
b
the reference to “a person authorised by the Office for Tenants and Social Landlords to carry out functions pursuant to sections 201, 202 and 203 of the Housing and Regeneration Act 2008” is omitted and in the appropriate place insert “a person authorised by the Homes and Communities Agency to carry out functions pursuant to sections 201, 202 and 203 of the Housing and Regeneration Act 2008.
7
In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011 , the entry for “The Office for Tenants and Social Landlords” is omitted.
Transitional and saving provisions
3
Any reference to the Office (however expressed) in any document made under or relating to any provision which —
a
is amended or repealed by this Order, and
b
is in effect immediately before the commencement date,
is to be read, so far as is necessary, as a reference to the HCA.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
1st March 2012 |
The Family Procedure (Amendment No. 4) Rules 2012
Citation and commencement
1
These Rules may be cited as the Family Procedure (Amendment No.4) Rules 2012 and come into force on the 20th December 2012.
Amendments to the Family Procedure Rules 2010
2
The Family Procedure Rules 2010 are amended in accordance with rules 4 to 33 of these Rules.
3
In these Rules, a reference to a Part, Chapter, Section or rule by number alone means the Part, Chapter, Section or rule so numbered in the Family Procedure Rules 2010.
4
In rule 2.3(1) —
a
after the definition of “the 2005 Act”, insert —
“the 2007 Hague Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007 ;
;
b
after the definition of “application notice”, insert —
“Article 11 form” means a form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an application;
.
5
In rule 5.1(5) , after “Regulation” insert “, or to an Article 11 form”.
6
In rule 5.3, after paragraph (2), insert —
3
Where the application is made under Article 56 of the Maintenance Regulation , or under Article 10 of the 2007 Hague Convention, the applicant is deemed to have requested the issue of the application by virtue of making the application for establishment or modification of a maintenance decision forwarded on his or her behalf by the Lord Chancellor.
[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention and the Maintenance Regulation]
.
7
In rule 9.3 —
a
in paragraph (1), after the definition of “FDR appointment”, insert —
“Financial Circumstances Form” means the Financial Circumstances Form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to applications under Article 10 of that Convention;
;
b
in paragraph (3) —
i
after sub-paragraph (a) insert —
aa
where an application for establishment or modification of maintenance is made under Article 10 of the 2007 Hague Convention, references in this Part to “financial statement” apply to the applicant as if for “financial statement” there were substituted “Financial Circumstances Form;
;
ii
in sub-paragraph (b) —
aa
for “Sub-paragraph (a) does” substitute “Sub-paragraphs (a) and (aa) do”;
bb
after “Maintenance Regulation” insert “or the 2007 Hague Convention, as the case may be,”.
8
In rule 9.12(4) , after “Maintenance Regulation” insert “or the 2007 Hague Convention”.
9
In rule 9.14 —
a
for paragraph (2A) substitute —
2A
The requirement of paragraph (2)(a) relating to verification by a statement of truth does not apply to the financial statement of either party where the application has been made under —
a
Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or
b
Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,
and the relief sought is limited to a type to which that Regulation or that Convention, as appropriate, applies, but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.
.
10
In rule 9.18 —
a
for paragraph (4) substitute —
4
The requirement in paragraph (1)(b)(iii) for the court officer to send a blank financial statement to the applicant does not apply where the application has been made under —
a
Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or
b
Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form.
;
b
in paragraph (5), after “Maintenance Regulation” insert “or the 2007 Hague Convention”.
11
In rule 9.19 —
a
for paragraph (2A) substitute —
2A
The requirement of paragraph (2)(a) relating to verification by statement of truth does not apply to the financial statement of either party where the application has been made under —
a
Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or
b
Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,
but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.
.
12
In rule 9.26A(1) —
a
at the end of sub-paragraph (c), omit “or”;
b
at the end of sub-paragraph (d), omit “.” and insert —
; or
e
Article 18 of the 2007 Hague Convention.
.
13
After rule 9.26A, insert —
International Maintenance Obligations: Communication with the Central Authority for England and Wales
9.26AA
1
Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of Article 58 of the Maintenance Regulation or Articles 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.
2
In this rule, “relevant court” means the court at which an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention has been filed.
[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention and the Maintenance Regulation]
.
14
In rule 17.1 —
a
the existing text becomes paragraph (1);
b
in sub-paragraph (b), for “.” substitute “;”;
c
after sub-paragraph (b) insert —
c
an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form.
;
d
after paragraph (1) insert —
2
In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).
.
15
In rule 17.2 —
a
in paragraph (1)(g), after “a” insert “court order,”;
b
in paragraph (3), for “If” substitute “Subject to paragraph (10), if”;
c
after paragraph (9), insert —
10
Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under —
a
Article 56 of the Maintenance Regulation on the form in Annex VI or VII to that Regulation; or
b
Article 10 of the 2007 Hague Convention on an Article 11 form.
.
16
In rule 20.7 —
a
in paragraph (2)(a)(ii) , after “Lugano Convention,” insert “a State bound by the 2007 Hague Convention which is an EEA State,”;
b
after the words in parentheses at the end of the rule, insert —
(“EEA State” is defined in Schedule 1 to the Interpretation Act 1978 ).
.
17
In rule 22.7(2), at the end insert “or if the court gives that party permission to do so without such verification”.
18
In rule 34.1(5) —
a
in sub-paragraph (c), omit “and”;
b
in sub-paragraph (d) , for “.” substitute —
; and
e
the 2007 Hague Convention.
.
19
In rule 34.3 —
a
after “Maintenance Regulation” insert “or the 2007 Hague Convention”;
b
in sub-paragraph (b), after “statutory provision” insert “or international instrument”.
20
In the heading to Part 34, Chapter 3, after “the Maintenance Regulation” insert “, the 2007 Hague Convention”.
21
In rule 34.28A(1) , for sub-paragraph (a) substitute —
a
references to a maintenance order include —
i
a decision, a court settlement or an authentic instrument within the meaning of Article 2 of the Maintenance Regulation where that Regulation applies;
ii
a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention;
iii
a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention;
.
22
In the heading to Part 34, Chapter 3, Section 1, after “Regulation State” insert “, a State bound by the 2007 Hague Convention other than a Member State of the European Union”.
23
In rule 34.29A —
a
in the heading, after “Maintenance Regulation” insert “or under Article 23 of the 2007 Hague Convention”;
b
for “decision” substitute “order, or under Article 23(2) or (3) of the 2007 Hague Convention for registration of a maintenance order,”.
24
In rule 34.30 —
a
In paragraph (2) —
i
in sub-paragraph (c) , omit “or”;
ii
in sub-paragraph (d), omit “.” and insert —
; or
e
an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention other than a Member State of the European Union.
.
b
In paragraph (6) —
i
in sub-paragraph (a), omit “and”;
ii
in sub-paragraph (b) omit “.” and insert —
; and
c
in the case of an application under Article 23(2) or (3) of the 2007 Hague Convention, Article 22(a) of that Convention applies.
.
c
In paragraph (9)(b), after “may apply” insert “, or may request the court officer to apply,”.
25
In rule 34.31(1) —
a
in sub-paragraph (c) omit “or”;
b
in sub-paragraph (d) omit “.” and insert —
; or
e
Article 23(5) of the 2007 Hague Convention.
.
26
In rule 34.32(1) —
a
for “or” in the first place where it occurs substitute “,”;
b
after “Lugano Convention” insert “or Article 23 of the 2007 Hague Convention”.
27
In rule 34.34(1), after “Lugano Convention” insert “or by the 2007 Hague Convention”.
28
In rule 34.35(3) —
a
in sub-paragraph (d), omit “or”;
b
in sub-paragraph (e) , omit “.” and insert —
; or
f
Article 25 or 30 of the 2007 Hague Convention.
.
29
In rule 34.36A —
a
in sub-paragraph (a) —
i
in sub-paragraph (iii) omit “or” in the second place where it occurs;
ii
in sub-paragraph (iv) omit “;” and insert —
, or
v
Article 30(6) of the 2007 Hague Convention;
;
b
in sub-paragraph (b) —
i
in sub-paragraph (iii) omit “or”;
ii
in sub-paragraph (iv) omit “;” and insert —
, or
v
Article 25 or 30 of the 2007 Hague Convention;
;
c
in sub-paragraph (c) —
i
in sub-paragraph (iii) omit “or”;
ii
in sub-paragraph (iv) omit “.” and insert —
, or
v
in relation to an application under this Section relating to the 2007 Hague Convention, without prejudice to Article 44 of that Convention.
.
30
After rule 34.36A, insert —
International Maintenance Obligations; Communication with the Central Authority for England and Wales
34.36B
1
Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of Article 58 of the Maintenance Regulation, or Article 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.
2
In this rule, “relevant court” means the court at which an application under Article 56 of the Maintenance Regulation or Article 10 of the 2007 Hague Convention has been filed.
[The Lord Chancellor is the Central Authority for the 2007 Hague Convention and the Maintenance Regulation]
.
31
In rule 34.38 —
a
in paragraph (1), after “Lugano Convention,” insert “or by the 2007 Hague Convention,”;
b
in paragraph (2)(c) —
i
after “Judgments Regulation” for “or” substitute “,”;
ii
after “Maintenance Regulation” insert “or the 2007 Hague Convention”;
c
in paragraph (3) —
i
after “Judgments Regulation” for “or” substitute “,”;
ii
after “Maintenance Regulation” insert “or the 2007 Hague Convention”;
d
For paragraph (7) substitute —
7
Any request by a magistrates’ court in England and Wales for the taking or providing of evidence by a court in a State listed in paragraph (8) for the purposes of proceedings to which an instrument listed in that paragraph applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.
8
The States and instruments referred to in paragraph (7) are —
a
a Contracting State to the 1968 Convention;
b
a Contracting State to the 1988 Convention;
c
a State bound by the Lugano Convention;
d
Denmark, in relation to proceedings to which the Maintenance Regulation applies;
e
a State bound by the 2007 Hague Convention,
but this paragraph and paragraph (7) do not apply where the State in question is a Member State of the European Union to which the Taking of Evidence Regulation (as defined in rule 24.15) applies.
.
32
In rule 34.39 —
a
for paragraphs (1) and (2), substitute —
1
A person who wishes to enforce a maintenance order obtained in a magistrates’ court in a State to which paragraph (2) applies must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.
2
The States referred to in paragraph (1) are —
a
a Contracting State to the 1968 Convention;
b
a Contracting State to the 1988 Convention (other than a Member State of the European Union);
c
a Member State of the European Union;
d
a State bound by the Lugano Convention (other than a Member State of the European Union); or
e
a State bound by the 2007 Hague Convention (other than a Member State of the European Union).
;
b
in paragraph (4) —
i
omit “a” in the second place where it occurs;
ii
after “practice direction” insert “34A”;
iii
for “and where” to “that Regulation” substitute “together with a copy of any certificate required by that practice direction”;
c
in paragraph (5)(b) —
i
omit “or” in sub-paragraph (iv);
ii
in sub-paragraph (v), for “.” substitute —
; or
vi
another State bound by the 2007 Hague Convention (other than a Member State of the European Union).
.
33
For rule 34.40 substitute —
Enforcement of orders of the High Court or county court
34.40
1
This rule applies where a person wishes to enforce a maintenance order obtained in the High Court or a county court (including the principal registry when treated as a divorce county court or, where the enforcement application relates to a civil partnership matter and the Maintenance Regulation, a civil partnership proceedings county court) in a Member State of the European Union or a State bound by the 2007 Hague Convention (other than a Member State of the European Union).
2
Subject to the requirements of Practice Direction 34A, rules 74.12 (application for a certified copy of a judgment) and 74.13 (evidence in support) of the CPR apply in relation to —
a
an application under Article 40(2) of the Maintenance Regulation for a certified copy of a judgment and an extract relating to that judgment in the form of Annex II to that Regulation;
b
an application for a certified copy of a judgment and a certificate giving particulars relating to the judgment and the proceedings in which it was given.
.
Timothy Becker
Jill Black, LJ
Richard Burton
Paul Carr
Martyn Cook
Chris Darbyshire
Bruce Edgington
Angela Finnerty
Mike Hinchliffe
Ruth Lindley-Glover
Sunita Mason
David Salter
Lucy Theis, J
Philip Waller
I allow these Rules.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
6th November 2012 |
The Cattle Compensation (England) Order 2012
The powers conferred by sections 1 and 32(3) of the Animal Health Act 1981 are vested in the Secretary of State who, in exercise of those powers and with the approval of the Treasury, makes the following Order.
Title, commencement and expiry
1
This Order —
a
may be cited as the Cattle Compensation (England) Order 2012;
b
comes into force on 1st July 2012; and
c
ceases to have effect on 1st July 2019.
Interpretation
2
In this Order —
“ the Act ” means the Animal Health Act 1981;
“animal” means domestic cattle, buffalo or bison;
“brucellosis” means infection with the bacterium Brucella abortus , otherwise known as contagious abortion;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 2007 ;
“enzootic bovine leukosis” means infection with the enzootic bovine leukosis virus;
“market value” means, in relation to an animal slaughtered for brucellosis, tuberculosis or enzootic bovine leukosis, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were neither affected nor suspected of being affected with that disease;
“relevant date” means —
in respect of an animal slaughtered for brucellosis, the date on which a notice requiring slaughter of the animal is served pursuant to article 19 of the Brucellosis (England) Order 2000 ;
in respect of an animal slaughtered for enzootic bovine leukosis, the date on which a notice requiring slaughter of the animal is served pursuant to article 12 of the Enzootic Bovine Leukosis (England) Order 2000 ;
in respect of an animal slaughtered for tuberculosis —
the date on which a positive skin test for the animal is read;
the date on which an inconclusive skin test for the animal is read which results in its being classified as a reactor and therefore consistent with its being affected with tuberculosis;
where the skin test is negative, or no skin test has been carried out, the date on which a clinical sample is taken from the animal for the purposes of any other diagnostic test for tuberculosis;
where no diagnostic test for tuberculosis has been carried out, or where tests have been carried out on the animal with negative results, but the animal is slaughtered because it has been exposed to infection as a result of contact with, or close proximity to, an animal that is affected or suspected of being affected with tuberculosis, the same date as the relevant date for that affected or suspected animal; or
where no diagnostic test for tuberculosis has been carried out but the animal is slaughtered because it is affected or suspected of being affected with tuberculosis, following clinical examination by a veterinary surgeon, the date of that examination;
“sale price data” means data compiled in relation to domestic cattle from store markets, prime markets, rearing calf sales, breeding sales and dispersal sales in Great Britain;
“skin test” means the single intradermal comparative cervical tuberculin test for tuberculosis; and
“tuberculosis” means infection with the bacterium Mycobacterium bovis (M.bovis) .
Compensation for animals slaughtered for brucellosis, tuberculosis or enzootic bovine leukosis
3
Where the Secretary of State causes an animal to be slaughtered under section 32(1) of the Act in its application to brucellosis, tuberculosis or enzootic bovine leukosis, the Secretary of State must pay compensation in accordance with this Order.
Calculation of compensation
4
1
If the conditions in paragraph (2) are met, compensation payable under section 32(3) of the Act by the Secretary of State —
a
for domestic cattle (other than those referred to in (b)), is calculated in accordance with paragraph 2 of the Schedule;
b
for domestic cattle where there are either no sale price data or only inadequate sale price data and the Secretary of State decides to act in accordance with paragraph 3(2)(b) of the Schedule, is the market value as determined under the Individual Ascertainment of Value (England) Order 2012 , with any reduction in accordance with paragraph 4 of the Schedule where there has been a delay of more than 60 days in testing the domestic cattle for tuberculosis; and
c
for a buffalo or bison is the market value as determined under the Individual Ascertainment of Value (England) Order 2012, with any reduction in accordance with paragraph 4 of the Schedule where there has been a delay of more than 60 days in testing the animal for tuberculosis.
2
The conditions are that —
a
the animal must be identified by means of ear tags at the time of removal for slaughter; and
b
a cattle passport for the animal issued in accordance with the Cattle Identification Regulations 2007 must be presented to the Secretary of State, or an agent acting on behalf of the Secretary of State, before or at the time of removal for slaughter.
Review of this Order
5
1
Before 1st July 2017 the Secretary of State must —
a
carry out a review of this Order;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
The report must, in particular —
a
set out the objectives intended to be achieved by this Order;
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.
Revocation and savings
6
1
The Cattle Compensation (England) Order 2006 is revoked.
2
In relation to any bovine animal (as defined in that Order) for which compensation has been calculated under the provisions of that Order prior to the coming into force of this Order, that calculation shall continue to apply.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
14th May 2012
We approve
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 2012
SCHEDULE
Calculation of compensation
Article 4
PART 1 Method of calculation
Interpretation
1
In this Schedule —
“category” means a category of animal set out in the table in paragraph 6(5);
“non-pedigree animal” means an animal that is not a pedigree animal;
“non-pedigree category” means a category consisting of non-pedigree animals;
“pedigree animal” means a breeding animal for which a pedigree certificate has been issued by a breeder’s organisation or association that fulfils the conditions of Commission Decision 84/247/ EEC laying down the criteria for the recognition of breeders’ organisations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species; and
“pedigree category” means a category consisting of pedigree animals which meet the conditions set out in paragraph 6(3).
The average market price
2
1
Subject to paragraph 4, the compensation payable to the keeper of the animal is the average market price for the category into which the animal falls at the relevant date.
2
The average market price for each category is as follows —
a
in the case of non-pedigree animals it is calculated each month from sale price data of animals in that category in respect of sales occurring during the period ending on the 20th day of the preceding month and starting on the 21st day of the month before that; and
b
in the case of pedigree animals it is calculated each month from sale price data of animals in that category in respect of sales occurring over a six-month rolling period covering the six months ending on the 20th day of the preceding month and starting on the 21st day of the month falling six months before that.
3
The average market price for a category for which sale price data have been collected is the amount obtained by dividing the sum of those sale prices by the total number of animals in that category.
No data or inadequate data
3
1
Sub-paragraph (2) applies where there are either no available sale price data or the Secretary of State considers there to be inadequate sale price data for calculating the average market price for a relevant category of animal.
2
Where this paragraph applies —
a
the average market price is the most recently ascertained average market price for the relevant category of animal, where one has previously been calculated; or
b
the Secretary of State may opt to pay compensation at the level of the market value of the animal in question, as ascertained under the Individual Ascertainment of Value (England) Order 2012.
Compensation payable following delays in testing for tuberculosis
4
1
Where —
a
the keeper of an animal has been served with a notice under article 8(1) of the Tuberculosis (England) Order 2007 ;
b
the keeper has failed to carry out a test by the latest date specified in the notice;
c
a test has subsequently been carried out after the latest date specified in the notice; and
d
the animal has been slaughtered following that test,
compensation payable for that animal is to be calculated using the formula set out in paragraph (2).
2
The formula referred to in paragraph (1) is —
A × B
where —
A is the average market price for the category into which the animal falls at the relevant date (or the market value as determined in the circumstances identified in article 4(1)(b) or (c)); and
B is the figure specified in sub-paragraph (3).
3
Where the test was carried out after the latest date specified in the notice and the interval between the date so specified and the test is —
a
not more than 60 days, “B” is 1;
b
more than 60 but not more than 90 days, “B” is 0.75;
c
more than 90 but not more than 180 days, “B” is 0.5; and
d
more than 180 days, “B” is 0.05.
4
The Secretary of State must notify the keeper in writing of any decision to reduce compensation following delays of more than 60 days in testing for tuberculosis —
a
giving the reasons for the decision;
b
explaining that the keeper has the right to make written representations to a person appointed by the Secretary of State in accordance with paragraph 5; and
c
explaining that notwithstanding any written representations being made the Secretary of State may continue to take action under section 32(1) of the Act to have the animal removed for slaughter.
Review of decision to reduce compensation
5
1
Within 21 days after receipt of the notification under paragraph 4(4) a keeper may make written representations to a person appointed by the Secretary of State for the purpose of having the decision to reduce the compensation payable to the keeper reviewed by such appointed person.
2
The appointed person must consider those written representations together with any written representations that may be made by the Secretary of State, and must report in writing, with a recommended course of action resulting from the review, to the Secretary of State.
3
The Secretary of State must then reach a final decision and notify the keeper of that decision and the reasons for it.
4
The Secretary of State may continue to take action under section 32(1) of the Act to remove the animal for slaughter before reaching a final decision in accordance with sub-paragraph (3).
PART 2 Categories
Determination of category
6
1
The Secretary of State must determine from the table in sub-paragraph (5) the category into which an animal falls at the relevant date and may appoint an agent for the purpose of that determination.
2
For the purpose of the determination, the date of birth of the animal is as shown on the cattle passport and the age of the animal shall be calculated accordingly.
3
For an animal to fall within a pedigree category —
a
it must —
i
be a pedigree animal which meets the requirements set out in Commission Decision 84/419/EEC for entry in the main section of a herd-book for pure-bred breeding animals of the bovine species and be entered in the main section of such a herd-book before the relevant date; and
ii
be entire; and
b
the pedigree certificate in respect of that animal must be presented to the Secretary of State or an agent acting on behalf of the Secretary of State not later than 10 days after the relevant date.
4
An animal which does not meet the conditions specified in sub-paragraph (3) is treated for the purposes of calculating compensation as falling into the relevant non-pedigree category.
5
The categories of domestic cattle are as follows —
Male Female
Beef Sector – non-pedigree Up to and including 3 months Up to and including 3 months Over 3 months up to and including 6 months Over 3 months up to and including 6 months Over 6 months up to and including 9 months Over 6 months up to and including 9 months Over 9 months up to and including 12 months Over 9 months up to and including 12 months Over 12 months up to and including 16 months Over 12 months up to and including 16 months Over 16 months up to and including 20 months Over 16 months up to and including 20 months Over 20 months, breeding bulls Over 20 months, calved Over 20 months, non-breeding bulls Over 20 months, not calved Dairy Sector – non-pedigree Up to and including 3 months Up to and including 3 months Over 3 months up to and including 6 months Over 3 months up to and including 6 months Over 6 months up to and including 12 months Over 6 months up to and including 12 months Over 12 months up to and including 16 months Over 12 months up to and including 16 months Over 16 months up to and including 20 months Over 16 months up to and including 20 months Over 20 months Over 20 months up to and including 84 months, calved Over 20 months up to and including 84 months, not calved Over 84 months Beef Sector - pedigree Up to and including 6 months Up to and including 6 months Over 6 months up to and including 12 months Over 6 months up to and including 12 months Over 12 months up to and including 24 months Over 12 months up to and including 24 months Over 24 months Over 24 months, not calved Over 24 months up to and including 36 months, calved Over 36 months, calved Dairy Sector - pedigree Up to and including 2 months Up to and including 2 months Over 2 months up to and including 12 months Over 2 months up to and including 10 months Over 12 months up to and including 24 months Over 10 months up to and including 18 months Over 24 months Over 18 months, not calved Over 18 months up to and including 36 months, calved Over 36 months up to and including 84 months, calved Over 84 months, calved |
The Road Transport (Working Time) (Amendment) Regulations 2012
The Secretary of State is a Minister designated for the purposes of the European Communities Act 1972 in relation to measures relating to the organisation of working time.
Citation and commencement
1
These Regulations may be cited as the Road Transport (Working Time) (Amendment) Regulations 2012 and they come into force on 11th May 2012.
Amendment of the Road Transport (Working Time) Regulations 2005
2
The Road Transport (Working Time) Regulations 2005 are amended as follows.
3
In regulation 2 (interpretation) —
a
in the definition of “period of availability” —
i
after each occurrence of the phrase “mobile worker” insert “or self-employed driver”;
ii
delete the phrase “but is required to be available” and replace it with “but —
a
in the case of a mobile worker, is required to be available; or
b
in the case of a self-employed driver, makes himself available;
b
in the definition of “relevant requirements” insert “4(9)”, “7(6)”, “8(3)”, “9(5)” and “11A” after 4(8), 7(5), 8(2), 9(4) and 11 respectively;
c
In the definition of “worker” after “means an individual” insert “who is not a self-employed driver and”;
d
Delete the definition of “working time” and substitute —
“working time” means the time from the beginning to the end of work during which –
the mobile worker or self-employed driver is at his workstation;
the mobile worker is at the disposal of his employer, or (as applicable) the self employed driver is at the disposal of the client; and
the mobile worker or self-employed driver is exercising his functions or activities, being:
time devoted to all road transport activities, including, in particular —
driving;
loading and unloading;
assisting passengers boarding and disembarking from the vehicle;
cleaning and technical maintenance;
all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
time during which the mobile worker or self-employed driver cannot dispose freely of his time and is required (or, in relation to a self-employed driver, chooses) to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;
but, in relation to self-employed drivers, general administrative work that is not directly linked to the specific transport operation under way is excluded from working time.
.
e
in the definition of “workstation” —
i
insert “in relation to a mobile worker” at the beginning of paragraph (a);
ii
insert “or” after “its head office or its main place of business;” at the end of paragraph (a);
iii
insert “in relation to a mobile worker or self-employed driver” at the beginning of paragraph (b);
iv
insert “in relation to a mobile worker or self-employed driver” at the beginning of paragraph (c).
4
In regulation 3 (application) —
a
after paragraph 3(1), insert —
1A
These Regulations also apply to self-employed drivers who are established in, or who do work for undertakings established in, a Member State of the European Union, and to whom paragraph (2) or paragraph (3) applies.
b
In paragraph 3(2) —
i
after “mobile workers”, insert “or self-employed drivers”; and
ii
for “that employment or work”, substitute “their employment or working activities”.
c
For paragraph (2)(c) substitute —
which are not vehicles exempted from the provisions of that Regulation under regulation 2 of the Community Drivers’ Hours and Recording Equipment Regulations 2007
.
d
In paragraph 3 (3) —
i
after “mobile workers”, insert “or self-employed drivers”; and
ii
for “that employment or work”, substitute “their employment or working activities”.
e
Delete paragraph 3(4)(a).
f
In the opening words of subparagraph 3(4)(b), and in paragraphs (i) and (ii) of that subparagraph, for the word “worker” each time it occurs substitute “mobile worker or self-employed driver”.
5
After regulation 3 insert —
Duty to Review Regulation 3(1A)
3A
1
The Secretary of State must from time to time —
a
carry out a review of regulation 3(1A),
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 2002/15/ EC , in so far as it applies to self-employed drivers (which is implemented by means of regulation 3(1A)), 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 regulation 3(1A),
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 five years beginning with the day on which regulation 3(1A) comes into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
6
In regulation 4 (working time) —
a
In paragraph (1), after “mobile worker” insert “or self-employed driver”.
b
In paragraph (2), for “a mobile worker’s working time”, substitute “the working time of a mobile worker or self-employed driver”.
c
In the opening words of paragraph (3), delete “in the case of a mobile worker”.
d
For paragraph (3)(a) there is substituted —
a
in the case of a mobile worker —
i
where a collective agreement or a workforce agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, or
ii
in a case where there is no such provision, and the employer gives written notice to the mobile worker in writing that he intends to apply this subparagraph, any period of 17 weeks in the course of the worker’s employment,
.
e
For paragraph (3)(b) there is substituted —
f
b
in the case of a self-employed driver who elects to apply this subparagraph in relation to any period of 17 weeks or to successive periods of 17 weeks, each such period,
.
g
at the beginning of paragraph (3)(c), after “in any other case”, insert “for a mobile worker or self-employed driver,”.
h
After paragraph (4) insert —
4A
The reference period may be extended in relation to self-employed drivers for objective or technical reasons or reasons concerning the organisation of work, by the substitution for 17 weeks of a period not exceeding 26 weeks in the application of paragraphs (2) and (3)(b) above.
i
In paragraph (5)–
i
at the beginning, delete “A mobile worker’s” and insert “The”;
ii
for “ (A+B)÷C ” substitute–
(A+B)÷C for mobile workers, or
A÷C for self-employed drivers
; and
iii
in the passage beginning “ A is the aggregate”, delete “the mobile worker’s”.
j
After paragraph (8) insert —
9
A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to comply with the limits specified above.
.
7
In regulation 6 (periods of availability) —
a
In paragraph 6(1), after “mobile worker” insert “or self-employed driver”.
b
In paragraph 6(2), after both occurrences of “mobile worker” insert “or self-employed driver”.
c
In paragraph 6(4), after both occurrences of “mobile worker” insert “or self-employed driver”.
8
In regulation 7 (breaks) —
a
In paragraph 7(1), after “mobile worker” insert “or self-employed driver”.
b
For paragraph (2) substitute —
Where the working time of a mobile worker or self-employed driver exceeds six hours but does not exceed nine hours, the mobile worker or self-employed driver must take a break lasting at least 30 minutes and interrupting that period.
.
c
For paragraph (3) substitute —
Where the working time of a mobile worker or self-employed driver exceeds nine hours, the mobile worker or self-employed driver must take a break lasting at least 45 minutes and interrupting that period
.
d
After paragraph (5) insert —
6
A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to comply with the limits specified above.
.
9
In regulation 8 (rest periods) —
a
in paragraph (1), after “apply to other mobile workers”, insert “and self-employed drivers”;
b
after paragraph (2) insert —
3
A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to ensure that he complies with the provisions applied by paragraph (1).
.
10
In regulation 9 (night work) —
a
in paragraph (1) after “mobile worker” insert “or self-employed driver”;
b
after paragraph (2) insert —
2A
A self-employed driver may elect to extend the period of 10 hours for objective or technical reasons or reasons concerning the organisation of work.
;
c
in paragraph (3) after “mobile worker” insert “or to a self-employed driver”;
d
after paragraph (4) insert —
5
A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to ensure that the limit specified in paragraph (1), or extended in accordance with paragraph (2A), is complied with.
.
11
After regulation 11, insert —
11A
A self-employed driver must —
a
keep records which are adequate to show whether he is complying with the requirements of these Regulations;
b
retain such records for at least two years after the end of the period covered by those records;
c
provide to an enforcement officer copies of such records as the officer may require.
.
12
In regulation 13(2), substitute “employers, workers and self-employed drivers” for “employers and workers”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
2nd April 2012 |
The Green Deal (Qualifying Energy Improvements) Order 2012
Accordingly, the Secretary of State, in exercise of the power conferred by section 1(4)(b) of the Energy Act 2011, makes the following Order:
Citation and commencement
1
This Order may be cited as the Green Deal (Qualifying Energy Improvements) Order 2012 and comes into force on 28th January 2013.
Interpretation
2
In this Order —
“ the Act ” means the Energy Act 2011;
“biomass” means material, other than fossil fuel or peat, which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae;
“micro combined heat and power” means a combined heat and power system with an electrical capacity of 50 kilowatts or less;
“micro wind generation” means a wind turbine or turbines with a nominal output of 300 watts or more but no more than 50 kilowatts measured at a wind speed of 11m/s.
Qualifying energy improvements under section 1(4)(b) of the Act
3
The energy efficiency improvements in the Schedule to this Order are specified for the purposes of section 1(4)(b) of the Act as qualifying energy improvements.
Edward Davey
Secretary of State
Department of Energy and Climate Change
6th August 2012
SCHEDULE
Qualifying energy improvements
Article 3
The energy efficiency improvements specified by article 3 are —
a
air source heat pumps;
b
biomass boilers;
c
biomass room heaters (with radiators);
d
cavity wall insulation;
e
chillers;
f
cylinder thermostats;
g
draught proofing;
h
duct insulation;
i
gas-fired condensing boilers;
j
ground source heat pumps;
k
hot water showers;
l
hot water systems;
m
hot water taps;
n
external wall insulation systems;
o
fan-assisted storage heaters;
p
flue gas heat recovery devices;
q
heating controls for wet central heating systems or warm air systems;
r
heating ventilation and air-conditioning controls (including zoning controls);
s
high performance external doors;
t
hot water controls (including timers and temperature controls);
u
hot water cylinder insulation;
v
internal wall insulation systems (for external walls);
w
lighting systems, fittings and controls (including rooflights, lamps and luminaires);
x
loft or rafter insulation (including loft hatch insulation);
y
mechanical ventilation with heat recovery systems;
z
micro combined heat and power;
aa
micro wind generation;
bb
oil-fired condensing boilers;
cc
photovoltaics;
dd
pipework insulation;
ee
radiant heating;
ff
replacement glazing;
gg
roof insulation;
hh
room in roof insulation;
ii
sealing improvements (including duct sealing);
jj
secondary glazing;
kk
solar blinds, shutters and shading devices;
ll
solar water heating;
mm
transpired solar collectors;
nn
under-floor heating;
oo
under-floor insulation;
pp
variable speed drives for fans and pumps;
qq
warm-air units;
rr
waste water heat recovery devices attached to showers;
ss
water source heat pumps. |
The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) (Appeals under Part 2) Order 2012
The Secretary of State, in exercise of the powers conferred by articles 5, 47(3) and 48(2) of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 , hereby makes the following Order.
PART 1 INTRODUCTION
Citation, commencement and extent
1
1
This Order may be cited as the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) (Appeals under Part 2) Order 2012 and shall come into force on 29th February 2012.
2
This Order extends to England and Wales.
Interpretation
2
In this Order —
“appeal”, where used in Part 2 or 3 of this Order, means an appeal under that Part, and “appellant” has a corresponding meaning and in Part 2 of this Order includes a person who has given notice of application for leave to appeal;
“the external requests order” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;
“procedural directions” means directions for the efficient and effective preparation of an application for leave to appeal or an appeal under this Order;
“the registrar” means the registrar of criminal appeals of the Court of Appeal;
“the Court of Appeal” means the criminal division of the Court of Appeal;
“single judge” means any judge of the Court of Appeal or of the High Court.
PART 2
APPEAL TO THE COURT OF APPEAL
Initiating procedure
3
1
A person who wishes to obtain the leave of the Court of Appeal to appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order shall give notice of application for leave to appeal in such manner as may be directed by rules of court.
2
Notice of application for leave to appeal shall be given within 28 days from the date of the decision appealed against in the case of such an appeal.
3
The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.
Disposal of groundless appeal or application for leave to appeal
4
If it appears to the registrar that a notice of application for leave to appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order does not show any substantial ground of appeal, the registrar may refer the application for leave to the Court of Appeal for summary determination; and where the case is so referred the Court of Appeal may, if it considers that the application for leave is frivolous or vexatious and can be determined without adjourning it for a full hearing, dismiss the application for leave summarily, without calling on anyone to attend the hearing.
Preparation of case for hearing
5
1
The registrar shall —
a
take all necessary steps for obtaining a hearing of any application for leave to appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order of which notice is given to the registrar and which is not referred and dismissed summarily under article 4;
b
where an application for leave to appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order is granted, take all necessary steps for obtaining a hearing of an appeal; and
c
obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the application for leave to appeal under article 10, 23 or 44 of the external requests order or the appeal under article 10, 23 or 44 of the external requests order.
2
A party to an appeal under article 10, 23 or 44 of the external requests order may obtain from the registrar any documents or things, including copies or reproduction of documents, required for his appeal, in accordance with rules of court.
3
The registrar may make charges in accordance with such rules of court and with scales and rates fixed from time to time by the Treasury.
Presence at hearing
6
1
A person shall be entitled to be present, if he so wishes, on the hearing of his appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order, although he may be in custody.
2
But a person in custody shall not be entitled to be present —
a
where the appeal is on some ground involving a question of law alone; or
b
on an application for leave to appeal; or
c
on any proceedings preliminary or incidental to an appeal,
unless the Court of Appeal gives him leave to be present.
3
The Court of Appeal may give leave to any other person who wishes to be present on the hearing of an appeal under article 10, 23 or 44 of the external requests order.
4
The power of the Court of Appeal to hear any appeal under article 10, 23 or 44 of the external requests order, or any proceedings preliminary or incidental thereto, may be exercised although any person is for any reason not present.
5
The Court of Appeal may give a live link direction in relation to a hearing at which:
a
a person is expected to be in custody but is entitled to be present (by virtue of paragraph (1) or leave given under paragraph (2)); or
b
a person has been given leave to be present by virtue of paragraph (3),
at any time before the beginning of that hearing.
6
For this purpose —
a
a “live link direction” is a direction that the person (if he is being held in custody at the time of the hearing) is to attend the hearing through a live link from the place at which he is held; and
b
“live link” means an arrangement by which the person is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded).
7
The Court of Appeal —
a
must not give a live link direction unless the parties to the appeal have had the opportunity to make representations about the giving of such a direction; and
b
may rescind a live link direction at any time before or during any hearing to which it applies (whether of its own motion or on the application of a party).
Evidence
7
1
For the purposes of an appeal or application for leave to appeal under article 10, 23 or 44 of the external requests order, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice —
a
order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the case;
b
order any witness to attend for examination and be examined before the Court of Appeal (whether or not the witness was called in the proceedings from which the appeal lies); and
c
receive any evidence which was not adduced in the proceedings from which the appeal lies.
2
The power conferred by paragraph (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that paragraph to —
a
the Court;
b
the appellant;
c
the respondent;
d
a party to the appeal.
3
The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to —
a
whether the evidence appears to the Court to be capable of belief;
b
whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
c
whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
d
whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.
4
Paragraph (1)(c) applies to any evidence of a witness (including the appellant) who is competent but not compellable.
5
For the purposes of an appeal or application for leave to appeal under article 10, 23 or 44 of the external requests order, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice, order the examination of any witness whose attendance might be required under paragraph (1)(b) to be conducted, in manner provided by rules of court, before any judge or officer of the Court or other person appointed by the Court for the purpose, and allow the admission of any depositions so taken as evidence before the Court.
6
In paragraph (2)(c) “respondent” includes a person who will be a respondent if leave to appeal is granted.
Powers of Court of Appeal which are exercisable by a single judge
8
1
There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions the powers —
a
to give leave to appeal to the Court of Appeal under article 10, 23 or 44 of the external requests order;
b
to extend the time within which notice of application for leave to appeal may be given under article 3(3);
c
to allow, under article 6, a person to be present at any proceedings which he would not otherwise be entitled to attend;
d
to give a live link direction under article 6(5);
e
to order the production of any document, exhibit or other thing connected with the proceedings under article 7; and
f
to order a witness to attend for examination under article 7.
2
If the single judge refuses an application on the part of any party to exercise in his favour any of the powers specified in paragraph (1), the party shall be entitled to have his application determined by the Court of Appeal.
Powers of Court of Appeal which are exercisable by the registrar
9
1
The following powers of the Court of Appeal under this Order may be exercised by the registrar —
a
the power to extend the time within which notice of application for leave to appeal may be given under article 3(3);
b
the power to give a live link direction under article 6(5);
c
the power to order the production of any document, exhibit or other thing connected with the proceedings under article 7; and
d
the power to order a witness to attend for examination under article 7.
2
If the registrar refuses an application on the part of any party to exercise in his favour any of the powers specified in paragraph (1), the party shall be entitled to have his application determined by a single judge.
Procedural directions: powers of a single judge and the registrar
10
1
The power of the Court of Appeal to determine an application for procedural directions under this Order may be exercised by-
a
a single judge, or
b
the registrar.
2
A single judge may give such procedural directions as he thinks fit-
a
when acting under paragraph (1);
b
on a reference from the registrar;
c
of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application for leave to appeal or the appeal.
3
The registrar may give such procedural directions as he thinks fit-
a
when acting under paragraph (1);
b
of his own motion.
Appeals against procedural directions
11
1
If the registrar gives, or refuses to give, procedural directions, a single judge may, on an application to him-
a
confirm, set aside or vary any procedural direction given by the registrar, and
b
give such procedural directions as he thinks fit.
2
An application under paragraph (1) may be made by-
a
any person who gave notice of application for leave to appeal under this Order;
b
any other person if the procedural directions-
i
relate to an application for leave to appeal and appear to need their assistance to give effect to them;
ii
relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
iii
relate to an appeal.
Transcripts
12
1
Arrangements may be made in accordance with rules of court —
a
for the making of a record (whether by means of shorthand notes, by mechanical means or otherwise) of any proceedings in respect of which an appeal lies to the Court of Appeal under article 10, 23 or 44 of the external requests order; and
b
for the making and verification of a transcript of any such record and for supplying the transcript (on payment of such a charge, if any, as may be fixed for the time being by the Treasury) to the registrar for the use of the Court of Appeal or any judge exercising the powers of a judge of the Court of Appeal, and to such other persons and in such circumstances as may be prescribed by the rules.
Appeals in cases of death
13
1
Where a person has died —
a
any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and
b
where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (1)(a), any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.
2
In this article “relevant appeal” means —
a
an appeal under article 10, 23 or 44 of the external requests order; or
b
an appeal under article 11, 24 or 45 of the external requests order.
3
Approval for the purposes of this article may only be given to —
a
the widow or widower of the dead person;
b
a person who is the personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925 ) of the dead person; or
c
any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.
4
An application for approval may not be made after the end of the period of one year beginning with the date of death.
5
Where this article applies, any reference in this Order to appellant shall, where appropriate, be construed as being or including a reference to the person approved under this article.
6
The power of the Court of Appeal to approve a person under this article may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions; but if the single judge refuses the application, the applicant shall be entitled to have the application determined by the Court of Appeal.
PART 3
APPEAL TO THE SUPREME COURT
Leave to appeal to the Supreme Court
14
An appeal to the Supreme Court under article 11, 24 or 45 of the external requests order lies only with the leave of the Court of Appeal or the Supreme Court; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.
Application for leave to appeal
15
1
An application to the Court of Appeal for leave to appeal to the Supreme Court under article 11, 24 or 45 of the external requests order shall be made within the period of 28 days beginning with the date on which the Court of Appeal gives reasons for the decision which is the subject of the appeal; and an application to the Supreme Court for leave shall be made within the period of 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.
2
The Supreme Court or the Court of Appeal may, upon application made at any time by the appellant, extend the time within which an application may be made to the Supreme Court or the Court of Appeal under paragraph (1).
3
An appeal to the Supreme Court shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Order an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Presence at hearing
16
A person shall not be entitled to be present on the hearing of an application for leave to appeal to the Supreme Court under article 11, 24 or 45 of the external requests order or the hearing of the appeal to the Supreme Court under article 11, 24 or 45 of the external requests order or any proceedings preliminary or incidental thereto, except where an order of the Supreme Court authorises him to be present, or where the Supreme Court or the Court of Appeal, as the case may be, give him leave to be present.
Powers of Court of Appeal under Part 3 which are exercisable by a single judge
17
There may be exercised by a single judge the powers of the Court of Appeal under this Part —
a
to extend the time for making an application for leave to appeal; and
b
to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal,
but where the single judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.
Lord Henley
Minister of State
Home Office
19th January 2012 |
The Buckinghamshire (Electoral Changes) Order 2012
The Local Government Boundary Commission for England has decided to give effect to the recommendations for electoral changes and in exercise of the powers conferred by section 59(1) of the 2009 Act makes the following Order:
Citation
1
This Order may be cited as the Buckinghamshire (Electoral Changes) Order 2012.
Commencement
2
1
This Order, with the exception of article numbers 5 to 13, comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors for county electoral divisions, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2013.
2
Articles 5 to 13 come into force —
a
for the purpose of proceedings preliminary or relating to the elections of parish councillors, on 15th October 2014;
b
for all other purposes, on the ordinary day of election of councillors in 2015.
Interpretation
3
In this Order —
“map” means the map marked “Map referred to in the Buckinghamshire (Electoral Changes) Order 2012”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Electoral divisions of the county of Buckinghamshire and number of councillors
4
1
The existing electoral divisions of the county of Buckinghamshire are abolished.
2
The county is divided into forty-nine electoral divisions each bearing a name listed in the Schedule.
3
Each electoral division comprises the area designated on the map by reference to the name of the electoral division.
4
One councillor is to be elected for each electoral division.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Amersham and number of councillors
5
1
The existing wards of the parish of Amersham are abolished.
2
The parish is divided into five wards named respectively —
a
Amersham Common;
b
Amersham Common West;
c
Amersham-on-the-Hill;
d
Amersham Town;
e
Weedon Hill.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for Amersham-on-the-Hill ward.
5
Three councillors are to be elected for each of the following wards:
a
Amersham Common;
b
Amersham Common West.
6
Two councillors are to be elected for each of the following wards:
a
Amersham Town;
b
Weedon Hill.
Wards of the parish of Aylesbury and number of councillors
6
1
The existing wards of the parish of Aylesbury are abolished.
2
The parish is divided into thirteen wards named respectively —
a
Central;
b
Bedgrove South;
c
Elmhurst;
d
Gatehouse;
e
Mandeville;
f
Oakfield North;
g
Oakfield South;
h
Oxford Road;
i
Quarrendon;
j
Southcourt;
k
Walton;
l
Walton Court and Hawkslade North;
m
Walton Court and Hawkslade South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Three councillors are to be elected for each of the following wards:
a
Gatehouse;
b
Mandeville;
c
Southcourt.
5
Two councillors are to be elected for each of the following wards:
a
Central;
b
Bedgrove South;
c
Elmhurst;
d
Oakfield South;
e
Oxford Road;
f
Quarrendon.
6
One councillor is to be elected for each of the following wards:
a
Oakfield North;
b
Walton;
c
Walton Court and Hawkslade North;
d
Walton Court and Hawkslade South.
Wards of the parish of Beaconsfield and number of councillors
7
1
The existing wards of the parish of Beaconsfield are abolished.
2
The parish is divided into four wards named respectively —
a
Beaconsfield Central;
b
Beaconsfield North;
c
Beaconsfield South;
d
Beaconsfield West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for Beaconsfield North ward.
5
Five councillors are to be elected for Beaconsfield West ward.
6
Three councillors are to be elected for Beaconsfield Central ward.
7
Two councillors are to be elected for Beaconsfield South ward.
Wards of the parish of Burnham and number of councillors
8
1
The existing wards of the parish of Burnham are abolished.
2
The parish is divided into five wards named respectively —
a
Burnham Beeches;
b
Burnham Church;
c
Burnham Church South;
d
Burnham Lent Rise;
e
Burnham South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Eight councillors are to be elected for Burnham Lent Rise ward.
5
Five councillors are to be elected for Burnham Church ward.
6
Three councillors are to be elected for Burnham Beeches ward.
7
Two councillors are to be elected for Burnham Church South ward.
8
One councillor is to be elected for Burnham South ward.
Wards of the parish of Farnham Royal and number of councillors
9
1
The existing wards of the parish of Farnham Royal are abolished.
2
The parish is divided into three wards named respectively —
a
Farnham Royal Central;
b
Farnham Royal North;
c
Farnham Royal South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for Farnham Royal North ward.
5
Three councillors are to be elected for Farnham Royal Central.
6
One councillor is to be elected for Farnham Royal South ward.
Wards of the parish of Little Chalfont and number of councillors
10
1
The existing wards of the parish of Little Chalfont are abolished.
2
The parish is divided into three wards named respectively —
a
Little Chalfont;
b
Little Chalfont North-East;
c
Little Chalfont South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for Little Chalfont ward.
5
Two councillors are to be elected for each of the following wards:
a
Little Chalfont North-East;
b
Little Chalfont South.
Wards of the parish of Little Missenden and number of councillors
11
1
The parish of Little Missenden is divided into three wards named respectively —
a
Holmer Green;
b
Hyde Heath;
c
Little Kingshill and Little Missenden.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Seven councillors are to be elected for Holmer Green ward.
4
Four councillors are to be elected for Little Kingshill and Little Missenden ward.
5
Two councillors are to be elected for Hyde Heath ward.
Wards of the parish of Marlow and number of councillors
12
1
The existing wards of the parish of Marlow are abolished.
2
The parish is divided into three wards named respectively —
a
North and West;
b
South;
c
South-East.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for North and West ward.
5
Three councillors are to be elected for South-East ward.
6
Two councillors are to be elected for South ward.
Wards of the parish of Stokenchurch and number of councillors
13
1
The parish of Stokenchurch is divided into two wards named respectively —
a
Beacon’s Bottom;
b
Stokenchurch.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Ten councillors are to be elected for Stokenchurch ward.
4
One councillor is to be elected for Beacon’s Bottom ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 25th day of May 2012
Max Caller
Chairman
Local Government Boundary Commission for England
25th May 2012
SCHEDULE
Names of county electoral divisions
Article 4
In Aylesbury Vale District
Aston Clinton and Bierton Aylesbury East Aylesbury North Aylesbury North-West Aylesbury South-East Aylesbury South-West Aylesbury West Bernwood Buckingham East Buckingham West Great Brickhill Grendon Underwood Ivinghoe Stone and Waddesdon Wendover, Halton and Stoke Mandeville Wing Winslow In Chiltern District Amersham and Chesham Bois Chalfont St Giles Chalfont St Peter Chesham Chess Valley Chiltern Ridges Great Missenden Little Chalfont and Amersham Common Penn Wood and Old Amersham In South Bucks District Beaconsfield Cliveden Denham Farnham Common and Burnham Beeches Gerrards Cross Iver Stoke Poges and Wexham In Wycombe District Abbey Booker, Cressex and Castlefield Chiltern Villages Downley Flackwell Heath, Little Marlow and Marlow South-East Hazlemere Marlow Ridgeway East Ridgeway West Ryemead and Micklefield Terriers and Amersham Hill The Risboroughs The Wooburns, Bourne End and Hedsor Totteridge and Bowerdean Tylers Green and Loudwater West Wycombe |
The Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 113B(2)(b) and 125 of the Police Act 1997 , makes the following Regulations.
Citation, commencement and extent
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012 and come into force on 31st December 2012.
2
These Regulations extend to England and Wales.
Amendment of the Police Act 1997 (Criminal Records) Regulations 2002
3
Regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 (Enhanced criminal record certificates: prescribed purposes) is amended as follows.
4
After paragraph (zc) insert —
zd
considering an individual’s suitability to have in their possession, to acquire or to transfer, prohibited weapons or ammunition to which section 5 of the Firearms Act 1968 applies.
Taylor of Holbeach
Parliamentary Under-Secretary of State
Home Office
30th November 2012 |
The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2012
The Secretary of State is designated for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 in relation to the environment. The Secretary of State makes these Regulations in exercise of the powers conferred by that section.
Title and commencement
1
These Regulations may be cited as the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2012 and come into force on 16th August 2012.
Amendments to the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007
2
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 are amended as follows.
Amendments to regulation 6
3
In regulation 6 (duty of competent authorities) —
a
for paragraph (2)(o) substitute —
o
the Marine Act, in particular any functions under Parts 3, 4, 5 and 6 of that Act (marine planning, marine licensing, nature conservation and management of inshore fisheries, respectively); and
; and
b
after paragraph (2), insert —
3
Without prejudice to the generality of paragraph (1), in relation to the offshore marine area a competent authority must take such steps in the exercise of its functions as it considers appropriate to secure the objective in paragraph (4), so far as lies within its powers.
4
The objective is the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in the United Kingdom, including by means of the upkeep, management and creation of such habitat, as appropriate, having regard to the requirements of Article 2 of the Wild Birds Directive .
5
In paragraph (4), “the United Kingdom” includes the offshore marine area.
6
In subsection (3)(a) of section 123 of the Marine Act (creation of network of conservation sites), as it applies in relation to the offshore marine area , the reference to “the conservation or improvement of the marine environment” includes the objective in paragraph (4), and accordingly the duty in section 124 of the Marine Act (report) applies in relation to that objective.
7
In considering which measures may be appropriate for the purpose of securing or contributing to the objective in paragraph (4), appropriate account must be taken of economic and recreational requirements.
8
In this regulation “the Marine Act” means the Marine and Coastal Access Act 2009 .
.
Amendment to regulation 14
4
In regulation 14 (hearings), in paragraph (1), omit “written”.
Amendment to regulation 14A
5
In regulation 14A (hearings conducted by the Scottish Ministers), in paragraph (1), omit “written”.
Amendment to regulation 15
6
In regulation 15(d) (meaning of “European offshore marine site” in these Regulations), after “under regulation 12” insert “or regulation 12A”.
Amendment to regulation 16
7
In regulation 16(2)(a) and (d) (duty to compile and maintain a register of European offshore marine sites) omit “by him”.
Amendment to regulation 19
8
In regulation 19(2)(a) (management schemes for European offshore marine sites) after “ Habitats Directive ” insert “or the Wild Birds Directive”.
Amendments to regulation 23
9
In regulation 23 (prevention of deterioration of habitats and disturbance of species) —
a
in paragraphs (3)(d) and (4)(d), after “under regulation 12” insert “or regulation 12A”; and
b
after paragraph (10) insert —
10A
So far as lies within its powers, a competent authority in exercising any function in or in relation to the offshore marine area must use all reasonable endeavours to avoid any pollution or deterioration of habitats of wild birds (except habitats beyond the outer limits of the area to which the Wild Birds Directive applies).
.
Amendment to regulation 32
10
In regulation 32 (offences relating to European offshore marine sites), in paragraphs (6)(a) and (8)(c), after “under regulation 12” insert “or regulation 12A”.
Amendments to regulation 45
11
In regulation 45 (protection of certain animals and plants from exploitation) —
a
for paragraph (4) substitute —
4
In so far as arrangements for measures mentioned in paragraph (1) may be made by the Scottish Ministers in the exercise of any of their functions for the purpose mentioned in paragraph (2), paragraph (1) applies to the Scottish Ministers as it applies to the Secretary of State.
; and
b
for paragraph (6) substitute —
6
In so far as arrangements for measures mentioned in paragraph (1) may be made by any Northern Ireland department in the exercise of any of its functions for the purpose mentioned in paragraph (2), paragraph (1) applies to that department as it applies to the Secretary of State.
.
Amendments to regulation 47
12
In regulation 47 (protection from incidental capture and killing) —
a
for paragraph (3) substitute —
3
In so far as arrangements for further research or conservation measures mentioned in paragraph (1) may be made by the Scottish Ministers in the exercise of any of their functions for the purpose mentioned in paragraph (2), paragraph (1) applies to the Scottish Ministers as it applies to the Secretary of State.
; and
b
for paragraph (5) substitute —
5
In so far as arrangements for further research or conservation measures mentioned in paragraph (1) may be made by any Northern Ireland department in the exercise of any of its functions for the purpose mentioned in paragraph (2), paragraph (1) applies to that department as it applies to the Secretary of State.
.
Amendment to regulation 67
13
In regulation 67 (research), for paragraphs (1) to (3) substitute —
1
The Secretary of State must take such steps to encourage research and scientific work relating to the offshore marine area as the Secretary of State considers necessary —
a
having regard to the objectives in Article 2, and the obligation in Article 11, of the Habitats Directive; and
b
for the purpose of the protection or management, and in relation to the use, of any population of wild birds.
2
The Secretary of State must supply such information relating to the offshore marine area as the Secretary of State considers appropriate to the Commission and, in the case of information supplied for the purposes of the Habitats Directive, to member States, to further the proper co-ordination of research carried out by member States or by the Commission for the purposes of the Habitats Directive or the Wild Birds Directive.
3
In deciding what steps to take under paragraph (1), the Secretary of State must have particular regard to the need for research and scientific work —
a
on the subjects listed in Annex V to the Wild Birds Directive; or
b
which may be required to implement Article 4 of the Habitats Directive.
.
Amendment to regulation 73
14
In regulation 73 (form of communications), in paragraph (1)(b), for “the Secretary of State” substitute “any person”.
Addition of regulation 76
15
After regulation 75 add —
Review
76
1
The Secretary of State must from time to time —
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 the Habitats Directive and the Wild Birds Directive are 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 five years beginning with 16th August 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th July 2012 |
The Port Security (Port of Aberdeen) Designation Order 2012
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to port security, measures relating to the safety of ships and the health and safety of persons on them, and maritime transport .
Citation and commencement
1
This Order may be cited as the Port Security (Port of Aberdeen) Designation Order 2012 and comes into force on 19th November 2012.
Port boundary
2
1
For the purposes of regulation 3(2)(a) the Port Security Regulations 2009 the boundary of the Port of Aberdeen is delineated by the red line on the plan in Schedule 1.
2
Where the boundary runs along a beach or foreshore, the port only includes the land on that beach or foreshore which is below the level of mean high water springs.
The Aberdeen Port Security Authority
3
1
For the purposes of the Port Security Regulations 2009, the Aberdeen Port Security Authority is designated as the port security authority for the port of Aberdeen.
2
Schedule 2 has effect with respect to the Aberdeen Port Security Authority.
Review
4
1
The Secretary of State must from time to time —
a
carry out a review of this Order,
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 2005/65/ EC of the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 2009 ) 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 and this Order,
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 article must be published before 1 st January 2014.
5
Reports under this article 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
15th October 2012
SCHEDULE 1
Boundary of the Port of Aberdeen
Article 2(1)
SCHEDULE 2
The Aberdeen Port Security Authority
Article 3(2)
Members
1
1
The Aberdeen Port Security Authority (in this Schedule called “the Authority”) is to consist of three or more members, each of them appointed by the Secretary of State.
2
Subject to the following provisions of this paragraph, each member of the Authority —
a
holds and vacates office in accordance with the terms of the member’s appointment; and
b
on ceasing to be a member is eligible for re-appointment.
3
A member of the Authority may resign the office of member by giving notice to that effect to the Secretary of State and will cease to hold office —
a
on the date specified for the purpose in the notice; or
b
if that date falls before the expiration of the period of 21 days beginning with the date on which the notice is served, on the date immediately following the expiration of that period.
4
The Secretary of State may give notice to a member to the effect that the member will cease to hold office on a date specified for the purpose in the notice.
5
A notice under subparagraph (4) may be given only in one or more of the following circumstances —
a
the member has failed to attend four or more consecutive meetings of the Authority without the permission of the Secretary of State;
b
the member has a financial interest and it appears to the Secretary of State that the interest is likely to influence or to be capable of being seen as influencing the performance of the member’s functions;
c
the member has been adjudged bankrupt, the member’s estate has been sequestrated or the member has made a composition with creditors or granted a trust deed for creditors;
d
there has been misconduct on the part of the member relevant to his or her position as a member of the Authority; or
e
the member is unable or unfit to perform the functions of the office.
6
It is the duty of every member of the Authority, so far as is reasonably practicable, to attend all meetings of the Authority.
7
If it be impracticable for a member to attend a meeting, the member must appoint another member to act as a proxy.
8
A proxy must speak and vote at the meeting on behalf of the absent member as that member may direct.
Proceedings of the Authority
2
1
The Authority must hold at least two meetings in any 12-month period.
2
Subject to the provisions of this Order, it is for the Authority to regulate its own procedure (including quorum).
3
The Authority must appoint one of its members as chair of the Authority.
4
The person appointed remains the chair of the Authority until that person —
a
is replaced as chair by another member; or
b
ceases to be a member of the Authority, in which case it becomes the duty of the Authority to appoint a new chair as soon as reasonably practicable.
5
The validity of any proceedings of the Authority is not affected by a vacancy amongst the members or by a defect in the appointment of a member.
6
Other than in exceptional circumstances which require a meeting of the Authority to be held at short notice, the Authority must give the Secretary of State at least three days clear notice of a meeting of the Authority together with a copy of the agenda for the meeting.
7
A representative of the Secretary of State may attend any meeting as an observer.
8
Minutes must be kept of the proceedings of the Authority.
9
The Authority must provide the Secretary of State with a copy of the minutes of a meeting before the end of the period of thirty days beginning with the day of the meeting.
Members’ interests
3
1
A member who has any pecuniary interest, direct or indirect, in any matter that is brought up for consideration at a meeting of the Authority (which expression in this paragraph includes any committee or subcommittee of the Authority) must disclose the nature of the interest to the meeting.
2
Where such a disclosure is made —
a
the disclosure must be recorded in the minutes of the meeting;
b
the member must not take any part in any deliberation or decision of the Authority with respect to that matter; and
c
the member may be excluded from the meeting whilst the matter is under consideration.
3
For the purposes of this paragraph, a general notification given at a meeting of the Authority by a member to the effect that the member —
a
is a member, director or employee of, or partner in, a specified company or firm, and
b
is to be regarded as interested in any matter involving that company or firm,
is a sufficient disclosure of the member’s interest in any such matter for the purposes of any meeting where the matter comes up for discussion.
4
A member need not attend in person at a meeting of the Authority in order to make a disclosure required to be made under this paragraph, provided that the member takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
5
Subject to sub-paragraph (6), a member of the Authority is to be treated for the purposes of this paragraph as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
the member, or a proxy of the member, is a director of a company or other body (not being a public 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 in partnership with, 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) an interest of one, if known to the other, is deemed for the purposes of this paragraph also to be an interest of the other.
6
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 the securities of that company or other body; or
b
of an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in the consideration or discussion of, or voting on, any question with respect to that matter.
7
The Secretary of State may, subject to such conditions as appear to the Secretary of State to be appropriate, remove any prohibition imposed by virtue of this paragraph in any case where the prohibition is impeding or likely to impede the ability of the Authority to perform its functions under this Order or under the Port Security Regulations 2009.
8
The power of the Secretary of State under subparagraph (7) includes power to remove, either indefinitely or for any period, a prohibition which would otherwise attach to any member, or members of any description, by reason of such interests and in respect of such matters, as may be specified or described by the Secretary of State.
9
Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by subparagraph (7).
10
Any person who fails to comply with the provisions of subparagraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
11
A person shall not be convicted of an offence under subparagraph (10) if it is proved that that person did not know that the contract, proposed contract or other matter in which that person had a pecuniary interest was the subject of consideration at the meeting concerned.
The Crown
4
The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown. |
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61 and 333(7) of the Town and Country Planning Act 1990 , makes the following Order:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2012 and shall come into force on 1st October 2012.
2
This Order applies in relation to England only.
Amendment in relation to flats in mixed use buildings
2
1
Part 3 of Schedule 2 (changes of use) to the Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.
2
In Class F (permitted development) —
a
in paragraph F(a), (b) and (c), for “a single flat”, wherever it occurs, substitute “up to two flats”;
b
in paragraph F.1(a) —
i
after “floor below the”, insert “lowest”;
ii
omit “single”;
c
in paragraph F.1(b) and (c), for “the single”, wherever it occurs, substitute “a”.
3
In Class G (permitted development) —
a
in paragraph G(a), (b) and (c), for “a single flat”, wherever it occurs, substitute “up to two flats”;
b
in paragraph G.1 —
i
after “unless”, for “the”, substitute “each”;
ii
omit “single”.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
Department for Communities and Local Government
31st August 2012 |
The Savings Certificates (Amendment) Regulations 2012
The Treasury make the following Regulations in exercise of the powers conferred by section 11 of the National Debt Act 1972 .
Citation and commencement
1
These Regulations may be cited as the Savings Certificates (Amendment) Regulations 2012 and come into force on 20th September 2012.
Amendment of the Savings Certificates Regulations 1991
2
The Savings Certificates Regulations 1991 are amended as follows.
3
In regulation 2 (interpretation), in paragraph (1) —
a
omit the definition of “the adjudicator”; and
b
after the definition of “person who lacks capacity” insert —
“rolled-over certificate” means a certificate purchased before 20th September 2012 for which —
a term was current on 19th September 2012; and
that term has ended and a subsequent term has begun;
“term”, in relation to a certificate, means a specified period for which a rate of interest has been fixed for the certificate;
.
4
In regulation 3 (issue, purchase and recording of certificates) —
a
in paragraph (1) after “at such places” insert “or in such manner”; and
b
in paragraph (2) for “such documents and other information in writing” substitute “such information in such manner”.
5
For regulation 4 (persons entitled to purchase and hold certificates) substitute —
4
1
Subject to paragraphs (3) to (6), a certificate purchased before 20th September 2012 may be held by any of the following persons —
a
any person who has attained the age of seven years;
b
a friendly society;
c
any other body of persons approved for the purpose by the Director of Savings, either generally or with respect to that particular purchase;
d
a trustee;
e
a person who purchased the certificate acting as a trustee on behalf of any other person.
2
A certificate which was purchased by a person on behalf of and in the name of any person entitled under paragraph (1)(a), (b) or (c) of this regulation to hold a certificate is deemed to be held by the person on whose behalf it was purchased.
3
A certificate which was purchased by a person acting as a trustee on behalf of any other person may be held jointly by that person and the person on whose behalf the certificate was purchased.
4
Paragraph (5) applies to a certificate purchased before 20th September 2012 by or on behalf of a person who was, at the date of purchase, under the age of sixteen years, or by or on behalf of two or more such persons jointly.
5
At the end of the term which is current on 19th September 2012 the Director of Savings must pay the amount repayable in respect of the certificate to a person entitled to receive it, by such means as the Director may think fit, unless —
a
in the case of a sole holder, the holder is at that time entitled under paragraph (7) to purchase and hold a certificate; or
b
in the case of joint holders, each of them is at that time entitled under paragraph (7) to purchase and hold a certificate.
6
Where a certificate purchased before 20th September 2012 is held by a friendly society or other body of persons (whether solely or jointly with any person), the Director of Savings must pay the amount repayable in respect of the certificate to a person entitled to receive it, by such means as the Director may think fit, at the end of the term which is current on 19th September 2012.
7
A certificate may be purchased and held by a person who has attained the age of sixteen years or by two such persons jointly.
8
A certificate may be purchased on behalf of and in the name of a person who lacks capacity by that person’s deputy, and any certificate so purchased is deemed to be held by the person on whose behalf it is purchased.
9
A certificate may be purchased and held —
a
by a trustee; or
b
by a person acting as a trustee on behalf of any person who has attained the age of sixteen years.
10
No certificate may be purchased under paragraph (9)(a), without the approval of the Director of Savings, which may be either general or limited to a particular purchase, if any beneficiary of the trust is a body of persons corporate or unincorporate.
11
A certificate purchased under paragraph (9)(b) may be held jointly by the person acting as a trustee and the person on whose behalf the certificate is purchased.
12
Where a certificate is held under this regulation by a trustee, the trustee may be described in the records kept by the Director of Savings as trustee of a specified trust or as trustee without specifying a trust.
13
Where a certificate has been purchased on behalf of a person who was, at the date of purchase, under the age of seven years, the Director of Savings may, at any time after that person has attained the age of seven years, require a specimen of that person’s signature.
14
Part I of Schedule 1 has effect in relation to index-linked certificates issued before 7th September 1981.
.
6
In regulation 5 (maximum holding of certificates), in paragraphs (1) and (1A) —
a
for “regulation 4(2)” substitute “regulation 4(8)”; and
b
omit “(whether solely or jointly with any person)”.
7
After regulation 5 insert —
Interest
Accrual of interest
5A
1
In respect of a rolled-over certificate or a certificate purchased after 19th September 2012 interest accrues on a daily basis for as long as the certificate is held.
2
The interest that accrues on any day is an amount equal to 1/365th of the value of the certificate on that day multiplied by the annual rate of interest (expressed as a percentage) which has been fixed for the current term of the certificate.
.
8
In regulation 6 (applications for repayment) —
a
in paragraph (1) —
i
omit “in writing”;
ii
omit the words from “Where repayment” to the end;
b
after paragraph (1) insert —
1A
An application under paragraph (1) may include a request for repayment to be made on a specified date if —
a
the certificate concerned was purchased before 20th September 2012 and is not a rolled-over certificate; and
b
the specified date, unless the Director of Savings otherwise agrees, is before the end of a period of two months starting on the date of the application.
;
c
in paragraph (2A) after “purchase price is made” insert “in respect of a money value certificate other than one to which paragraph (2B) applies”; and
d
after paragraph (2A) insert —
2B
Where, in accordance with the prospectus relating to any money value series, a partial repayment of the purchase price is made in respect of a certificate to which this paragraph applies (together with payment of such interest or bonus or other sum which may have accrued due in respect of the portion repaid under that prospectus), a record must be made available showing —
a
the amount repaid;
b
the value of the part of the certificate retained;
c
the annual rate of interest applying to the certificate; and
d
the date on which the current term will end.
2C
Paragraph (2B) applies to —
a
a money value certificate purchased after 19th September 2012, and
b
a money value certificate purchased before 20th September 2012 from and including the anniversary of its date of purchase which falls after 19th September 2012 and before 20th September 2013.
.
9
After regulation 6 insert —
Applications for early repayment
6A
1
In this regulation —
“payment date”, in relation to a relevant application, means the date on which payment is to be made in accordance with that application;
“relevant application” means an application for payment of the whole or any part of the amount repayable in respect of a rolled-over certificate or a certificate purchased after 19th September 2012, except —
an application made in the event of the death of the sole holder of the certificate;
an application by a trustee in consequence of the death of the sole beneficiary or the last surviving beneficiary; or
an application by a person who purchased the certificate acting as a trustee on behalf of any other person in consequence of the death of the person on whose behalf the certificate was purchased or the last such person surviving; and
“relevant year”, in relation to a rolled-over certificate or a certificate purchased after 19th September 2012, means the period of 12 months —
which begins on the date of purchase of the certificate or, if the certificate has been held for 12 months or more, the last anniversary of that date; and
in which the payment date falls.
2
Subject to regulation 6B, this regulation has effect where —
a
a relevant application is made; and
b
the payment date is on or before the last day of the term which is current on the date of the application.
3
Where the relevant application is for payment of the whole amount repayable —
a
the amount that would be paid but for this regulation is to be reduced by an amount equal to the interest that has accrued for the period of 90 days ending on the payment date; and
b
in the case of an index-linked certificate, no amount is payable by way of index-linking for the relevant year.
4
Where the relevant application is for payment of a specified sum which is part of the amount repayable —
a
the specified sum is to be reduced by an amount equal to the interest that has accrued on the specified sum for the period of 90 days ending on the payment date; and
b
in the case of an index-linked certificate, no amount is to be added to the value of the certificate by way of index-linking for the relevant year.
5
In the case of a certificate which has been held for a period of less than 90 days starting on the date of purchase or on any anniversary of that date, this regulation has effect with the modification in paragraph (6).
6
The reference to the sum that has accrued by way of interest for the period of 90 days ending on the payment date is to be read as a reference to the sum that would have accrued by way of interest for the period of 90 days starting on the date on which the certificate was purchased or the last anniversary of that date.
6B
The Director of Savings may decide not to reduce a payment and, in the case of an index-linked certificate, not to withhold the benefit of index-linking if the Director of Savings is satisfied that it would under all the circumstances be unjust to do so.
.
10
In regulation 7 (repayment warrants) —
a
in paragraph (1) for “warrant” substitute “crossed warrant”;
b
omit paragraphs (3), (4) and (6);
c
in paragraph (8) after the words “and where the holder has requested” insert “in accordance with regulation 6(1A)”;
d
in paragraph (9) omit the words “in relation to a crossed warrant”;
e
in paragraph (11) for sub-paragraphs (a) and (b) substitute “a warrant”.
11
For regulation 8 (amount repayable when proceeds reinvested) substitute —
8
For the purpose of determining the amount repayable in respect of a certificate where the Director of Savings consents to a request under regulation 7(1)(c) relating to the use of the amount repayable, the payment of that amount is deemed to be effected on the date recorded by the Director of Savings as the date of purchase of the other certificate or security or, as the case may be, the deposit concerned.
.
12
In regulation 9 (repayment in case of persons under 7 years of age and persons who lack capacity), in paragraph (1) after “Subject to the provisions of this regulation” insert “and regulation 4(4) and (5)”.
13
In regulation 10 (repayment in case of certificate held by persons jointly) —
a
in paragraph (1) after “joint holders” insert “, except a certificate in relation to which paragraph (1A) has effect,”; and
b
after paragraph (1) insert —
1A
The joint holders of a rolled-over certificate or a certificate purchased after 19th September 2012 may, in a manner approved by the Director of Savings, authorise one of themselves on behalf of all of them —
a
to make an application for payment of the amount repayable in respect of the certificate; and
b
to receive the amount repayable.
1B
Paragraph (1A) does not have effect in relation to —
a
a certificate held by trustees; or
b
a certificate held by persons who purchased it acting as a trustee on behalf of any other person.
; and
c
in paragraph (2) after “of a certificate” insert “, other than a rolled-over certificate or a certificate purchased after 19th September 2012,”.
14
In regulation 13 (transfers and addition of names), in paragraph (3) —
a
for “a written application” substitute “an application”; and
b
after “except where the Director of Savings otherwise directs” insert “or the certificate is not issued in documentary form”.
15
In regulation 15 (payment without a grant of representation), in paragraph (2) for “sign a receipt therefor” substitute “confirm receipt of the payment, in such manner as the Director of Savings may approve,”.
16
In regulation 21 (forfeiture of certificates) insert at the end —
5
This regulation does not apply to a rolled-over certificate or a certificate purchased after 19th September 2012.
.
17
After regulation 21 (forfeiture of certificates) insert —
Forfeiture of rolled-over certificates and certificates purchased after 19th September 2012
21A
1
The Director of Savings may, if the Director of Savings thinks fit, direct that a rolled-over certificate or a certificate purchased after 19th September 2012 is to be forfeited.
2
The circumstances under which the Director of Savings may make a direction under paragraph (1) include the following —
a
that the certificate was purchased, or is held, otherwise than in accordance with these Regulations; or
b
that the Director of Savings reasonably suspects —
i
that the certificate is being held in connection with an illegal purpose; or
ii
that the purchaser or the holder or any person acting on the holder’s behalf has provided false information to the Director of Savings.
3
Where the Director of Savings directs that a certificate is to be forfeited under paragraph (1) —
a
a sum equal to the purchase price is payable to the holder; and
b
any other amount which was payable under the terms and conditions subject to which the certificate is held may be paid to the holder if the Director of Savings thinks fit.
4
The Director of Savings may make any payment pursuant to paragraph (3) by such means as the Director of Savings thinks fit, which may include crediting the amount payable to an account in the name of the holder in the National Savings Bank.
.
18
In regulation 23 (rectification of mistakes), in paragraph (1) omit “in writing”.
19
Omit regulation 24 (settlement of disputes).
20
In regulation 27 (indemnity of Treasury, Director of Savings and officers) for paragraph (2) substitute —
2
Subject to regulation 28, where the payment of any amount repayable in respect of a certificate is made by relevant means to a person who is not entitled under these Regulations to receive it, the payment is deemed to have been made to a person who is so entitled if it was made —
a
in good faith and without negligence; and
b
in consequence of some act or omission on the part of a person who is so entitled.
3
Subject to regulation 28, where the payment of any amount repayable in respect of a rolled-over certificate or a certificate purchased after 19th September 2012 is made by electronic transfer, neither the Treasury nor the Director of Savings is liable for —
a
any delay in the completion of the payment, if the delay is outside the direct control of the Director of Savings; or
b
any failure in the operation of any system through which the electronic transfer is conducted, if the failure is outside the direct control of the Director of Savings.
4
In this regulation —
“electronic transfer” means a transfer of money by electronic or automated processes which do not involve the delivery and collection of a payable instrument, or the delivery of cash, to a bank or building society account to which payment is capable of being made by those processes; and
“relevant means” means —
in the case of a rolled-over certificate or a certificate purchased after 19th September 2012, payment by crossed warrant or by electronic transfer; and
in the case of any other certificate, payment by crossed warrant.
.
21
For regulation 29 (form of documents) substitute —
Applications
29
The Director of Savings may refuse to accept an application required by these Regulations to be made in a manner approved by the Director of Savings if —
a
it does not include a statement of all particulars required to be given for the purposes of the application; or
b
it is required to be made in writing and is not signed by the person who is making the application.
.
22
In regulation 36 (application to the Channel Islands) omit paragraph (3)(g).
23
In Schedule 2, in paragraph 6(3) (operation of nomination), for “sign a receipt therefor” substitute “confirm receipt of the payment, in such manner as the Director of Savings may approve,”.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2012 |
The Qualifying Oil Fields Order 2012
In accordance with section 349(4) of that Act, a draft of this Order was laid before the House of Commons and approved by a resolution of that House.
Citation, commencement and interpretation
1
1
This Order may be cited as the Qualifying Oil Fields Order 2012 and comes into force on the day after the day on which it is made.
2
In this Order “ CTA 2010 ” means the Corporation Tax Act 2010.
Amendments to Chapter 7 of Part 8 of CTA 2010
2
Chapter 7 of Part 8 of CTA 2010 (reduction of supplementary charge for certain new oil fields) is amended as follows.
3
In section 352 (“qualifying oil field”), omit the “or” at the end of paragraph (b) and after paragraph (c) insert —
d
a large deep water oil field,
e
a large shallow water gas field, or
f
a deep water gas field.
4
In section 353(1) (“small oil field”), for “3,500,000 tonnes” substitute “7,000,000 tonnes”.
5
After section 355 insert —
“Large deep water oil field”
355A
1
In this Chapter “large deep water oil field” means an oil field that meets conditions A to C.
2
Condition A is that the field was authorised for the first time on or after 21 March 2012.
3
Condition B is that the field has reserves of oil of —
a
25,000,000 tonnes or more, but
b
less than 55,000,000 tonnes.
4
Condition C is that the depth of the sea above the field is greater than 1,000 metres.
5
For the purposes of this section and section 356(4) —
a
the amount of reserves of oil which an oil field has is to be determined on the authorisation day,
b
1,100 cubic metres of gas at a temperature of 15 degrees celsius and pressure of one atmosphere is to be counted as equivalent to one tonne, and
c
the depth of the sea above an oil field is to be measured at the lowest astronomical tide from the water surface to the lowest point of the natural sea bed at the location of the primary subsea manifold or the first development well, whichever is the deeper.
“Large shallow water gas field”
355B
1
In this Chapter “large shallow water gas field” means an oil field that meets conditions A to D.
2
Condition A is that the field was authorised for the first time on or after 25 July 2012.
3
Condition B is that more than 95% of the reserves of oil which the field has consist of gas.
4
Condition C is that the depth of the sea above the field is less than 30 metres.
5
Condition D is that the amount of reserves of gas which the field has, or, where there are one or more oil fields related to the field, the total amount of reserves of gas which the field and those related oil fields together have, is —
a
10 billion cubic metres or more, but
b
less than 25 billion cubic metres.
6
For the purposes of subsection (5) and section 356(5), an oil field is “related” to another oil field if —
a
the field meets conditions A to C, and
b
the authorisation day for each oil field is the same.
7
For the purposes of this section and section 356(5) —
a
the amount of reserves of oil which an oil field has is to be determined on the authorisation day,
b
1,100 cubic metres of gas at a temperature of 15 degrees celsius and pressure of one atmosphere is to be counted as equivalent to one tonne, and
c
the depth of the sea above an oil field is to be measured at the lowest astronomical tide from the water surface to the highest point of the natural sea bed at the location of the primary subsea manifold or the first development well, whichever is the shallower.
“Deep water gas field”
355C
1
In this Chapter “deep water gas field” means an oil field that meets conditions A to C.
2
Condition A is that more than 75% of the reserves of oil which the field has consist of gas.
3
Condition B is that the depth of the sea above the field is more than 300 metres.
4
Condition C is that the length of the planned route of the primary pipe-line, or pipe-lines, to be used for transporting gas from the field to the relevant infrastructure is more than 60 kilometres.
5
For the purposes of subsection (4) —
a
the length of the planned route is to be determined on the authorisation day,
b
“pipe-line” has the same meaning as in the Pipe-lines Act 1962 (see section 65 of that Act),
c
“the relevant infrastructure”, in relation to an oil field, means any pipe-line or gas processing facility which is used by, or is intended to be used by, another oil field whose development was authorised before the authorisation day for the oil field, and
d
“gas processing facility” has the meaning given by section 90(1) of the Energy Act 2011 .
6
For the purposes of this section —
a
the amount of reserves of oil which an oil field has is to be determined on the authorisation day,
b
1,100 cubic metres of gas at a temperature of 15 degrees celsius and pressure of one atmosphere is to be counted as equivalent to one tonne, and
c
the depth of the sea above an oil field is to be measured at the lowest astronomical tide from the water surface to the lowest point of the natural sea bed at the location of the primary subsea manifold or the first development well, whichever is the deeper.
6
1
Section 356 (“total field allowance for a new oil field”) is amended as follows.
2
In subsection (1), omit the “and” after paragraph (b), and after paragraph (c) insert —
d
in the case of a large deep water oil field, the amount determined in accordance with subsection (4),
e
in the case of a large shallow water gas field, the amount determined in accordance with subsection (5), and
f
in the case of a deep water gas field, the amount determined in accordance with subsection (6).
3
For subsection (2) substitute —
2
The total field allowance for a small oil field is —
a
if the field has reserves of oil of 6,250,000 tonnes or less, £150,000,000, and
b
in any other case (where the oil field has reserves of more than 6,250,000 tonnes but not more than 7,000,000 tonnes) the following amount —
£
150
,
000
,
000
×
7
,
000
,
000
−
X
7
,
000
,
000
−
6
,
250
,
000
where X is the amount of the reserves of oil (in tonnes) which the field has.
4
After subsection (3) insert —
4
The total field allowance for a large deep water oil field is —
£
3
,
000
,
000
,
000
×
55
,
000
,
000
−
X
15
,
000
,
000
where X is —
in a case where the amount of the reserves of oil which the field has is 40,000,000 tonnes or less, 40,000,000,
in any other case (where the oil field has reserves of more than 40,000,000 tonnes but not more than 55,000,000 tonnes) the amount of the reserves of oil (in tonnes) which the field has.
5
The total field allowance for a large shallow water gas field is —
£
500
,
000
,
000
×
R
T
×
25
−
X
5
where —
R is the amount of the reserves of gas (in billion cubic metres) which the field has,
T is —
the amount of the reserves of gas (in billion cubic metres) which the field has, or
in a case where there are one or more oil fields related to the field, the total amount of reserves of gas (in billion cubic metres) which the field and those related oil fields together have, and
X is —
in a case where T is 20 or less, 20, and
in any other case (where T is greater than 20 but less than 25), T.
6
The total field allowance for a deep water gas field is —
Y
×
D
−
60
60
where —
Y is —
£800,000,000, or
in a case where two or more deep water gas fields share the same authorisation day, £1,600,000,000 divided by the total number of those deep water gas fields, and
D is —
where the length of the planned pipe-line route is more than 60 but less than 120 kilometres, that length (in kilometres), or
in a case where the length of the planned pipe-line route is 120 kilometres or more, 120.
7
In subsection (6) “the planned pipe-line route”, in relation to a deep water gas field, means the planned route of the pipe-line (or pipe-lines) to be used for transporting gas from the field as mentioned in section 355C(4).
8
If an oil field falls within more than one of the descriptions of oil field listed in section 352 (“qualifying oil field”), then for the purposes of this section the field is to be regarded as being of the description that produces the greatest total field allowance for that field.
Consequential revocation
7
The Field Allowance for New Oil Fields Order 2010 is revoked.
Application
8
1
This Order has effect in relation to oil fields whose authorisation day is on or after the relevant day.
2
“The relevant day” means —
a
in the case of small oil fields and large deep water oil fields, 21 March 2012;
b
in the case of large shallow water gas fields, 25 July 2012;
c
in the case of deep water gas fields, the day on which this Order comes into force.
3
Expressions used in this article and Chapter 7 of Part 8 of CTA 2010 have the same meaning in this article as they have in that Chapter.
Jim Harra
Nick Lodge
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th December 2012 |
The Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012
The Secretary of State, in exercise of the powers conferred by section 61(1), (2) and (6) of the Road Safety Act 2006 , makes the following Order:
Citation and interpretation
1
1
This Order may be cited as the Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012.
2
In this Order, “the 1988 Act ” means the Road Traffic Offenders Act 1988 .
Provisions coming into force
2
1
Section 35 of the Road Safety Act 2006 (reduced disqualification period for attendance on course) comes into force —
a
on 21st December 2012 for the purposes of the making of applications for approval, the approval, and the appeal against refusal of approval or conditional approval of courses for persons convicted of a relevant drink offence;
b
on 24th June 2013 for all purposes having application where a person is convicted of a relevant drink offence.
2
Section 59 (repeals and revocations) of the Road Safety Act 2006, in so far as it relates to the provisions of Schedule 7 and the entries in section 8, comes into force —
a
on 21st December 2012 to the extent that it relates to the purposes referred to in paragraph (1)(a);
b
on 24th June 2013 for the purposes referred to in paragraph (1)(b).
Transitional provisions
3
1
Subject to paragraph (2), sections 34B and 34C(1) of the 1988 Act apply in accordance with paragraph (3) to a course which was approved for the purposes of section 34A of the 1988 Act before 21 st December 2012 (“an old course”).
2
Sections 34B and 34C(1) of the 1988 Act do not apply to an old course pursuant to paragraph (1) unless that course remained approved immediately before 24th June 2013.
3
Sections 34B and 34C(1) of the 1988 Act apply to an old course until 18th August 2013 and for that purpose —
a
the course is treated as having been approved by the appropriate national authority under section 34BA of the 1988 Act; and
b
the person who was, before 24th June 2013, the course organiser is treated as the course provider.
4
For the purposes of the application of section 34B of the 1988 Act pursuant to paragraphs (1) to (3) —
a
references to “certificate” or “notice” include a certificate or notice (as the case may be) given under section 34B as that section was in force immediately before 24th June 2013;
b
references to “the unreduced period” include a period of disqualification imposed under section 34B as that section was in force immediately before 24th June 2013 and references to “the reduced period” include the period of disqualification so imposed as reduced by an order made under that section as then in force; and
c
references to “the order” include an order made under section 34A of the 1988 Act as that section was in force immediately before 24th June 2013 and, in relation to such an order, references to “the supervising court” have the meaning given in section 34C(2) of the 1988 Act as that section was in force immediately before 24th June 2013.
5
For the purposes of the application of subsection (1) of section 34C of the 1988 Act pursuant to paragraphs (1) to (3) the references to guidance given under that subsection are to guidance given under section 34C(1) as that section was in force immediately before 24th June 2013.
Signed by authority of the Secretary of State for Transport
Stephen Hammond
Parliamentary Under Secretary of State
Department for Transport
22nd November 2012 |
The Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 154(5) and 157(1) of the Police Reform and Social Responsibility Act 2011 .
Citation and interpretation
1
1
This Order may be cited as the Police Reform and Social Responsibility Act 2011 (Commencement No. 7 and Transitional Provisions and Commencement No. 3 and Transitional Provisions (Amendment)) Order 2012.
2
In this Order “ the Act ” means the Police Reform and Social Responsibility Act 2011.
Provisions coming into force on 22nd November 2012
2
The day appointed for the coming into force of the following provisions of the Act is 22nd November 2012 —
a
Part 1 (police reform), in so far as it is not already in force;
b
Schedule 1 (police and crime commissioners);
c
Schedule 2 (chief constables);
d
Schedule 5 (issuing precepts);
e
Schedule 8 (appointment, suspension and removal of senior police officers);
f
Schedule 11 (crime and disorder strategies), in so far as it is not already in force;
g
Schedule 14 (police: complaints), in so far as it is not already in force;
h
Schedule 15 (police reform: transitional provision), in so far as it is not already in force;
i
Schedule 16 (police reform: minor and consequential amendments), in so far as it is not already in force.
Transitional provision in relation to the accounts of police authorities
3
Regulations 7 and 8 of the Accounts and Audit (England) Regulations 2011 shall not apply to a police authority in England established under section 3 of the Police Act 1996 in relation to the financial year beginning on 1st April 2012.
Transitory provision in relation to the appointment of a police and crime commissioner’s chief executive and chief finance officer
4
1
This article applies on the first occasion when a police and crime commissioner of any police area exercises the power —
a
to appoint a person to be the commissioner’s chief executive under paragraph 6(1)(a) of Schedule 1 to the Act; or
b
to appoint a person to be the commissioner’s chief finance officer under paragraph 6(1)(b) of that Schedule.
2
Paragraphs 9 to 12 of Schedule 1 to the Act do not apply —
a
to the appointment of a person as chief executive if, immediately before the coming into force of section 1 of the Act, the person was serving as the chief executive of the police authority for the same police area appointed under section 16(1) of the Police Act 1996 ; or
b
to the appointment of a person as chief finance officer if, immediately before the coming into force of section 1 of the Act, the person was responsible for the proper administration of the police authority’s financial affairs in accordance with section 112(1) of the Local Government Finance Act 1988 .
Transitory provision in connection with civilian staff of police forces
5
1
This article applies, in relation to any police force maintained under section 2 of the Police Act 1996, until there is no longer any person employed as a police civilian member of the staff of the police and crime commissioner by whom that police force is maintained, within the meaning of paragraph 7(10)(b) of Schedule 15 to the Act.
2
Section 102(4) of the Act has effect as if before paragraph (a) there was inserted —
aa
persons —
i
who are members of the staff of the police and crime commissioner by whom the police force is maintained; and
ii
who are under the direction and control of the chief constable,
.
3
Where the chief constable —
a
appoints a person to be the police force’s chief finance officer under paragraph 4(1) of Schedule 2 to the Act; or
b
appoints a person to act as the chief finance officer under paragraph 5(1) of that Schedule,
that person does not become a member of the staff of the chief constable by virtue of the appointment, but becomes or remains a police civilian member of the staff of the police and crime commissioner by whom the police force is maintained.
4
Section 29(1) of the Act (which allows a police and crime panel to require members of the staff of the police and crime commissioner to attend before the panel and answer questions) shall not apply in relation to a police civilian member of the commissioner’s staff.
5
Section 62(1) of the Act (which requires a police and crime panel to appoint a member of the staff of a police and crime commissioner as acting commissioner in certain circumstances) shall not permit the panel to appoint a person who is a police civilian member of the commissioner’s staff.
Transitional provision in relation to police complaints and misconduct
6
1
This article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.
2
With the exception of paragraphs 4, 7 and 8(1), (2), (3), (4) and (6) (which have effect as modified by paragraph (3) of this article), the provisions of Schedule 14 to the Act brought into force by this Order shall not apply in relation to the complaint or matter.
3
Paragraph 4 of Schedule 14 to the Act has effect in relation to the complaint or matter as if it read —
4
In section 14 (direction and control matters) —
a
in subsection (2) for “police authorities” substitute “local policing bodies”;
b
in subsection (3) for “police authority” substitute “local policing body”.
.
4
In this article “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002 .
Transitory provision in relation to members of the National Policing Improvement Agency
7
1
This article has effect in relation to the first occasion when the Secretary of State appoints a person to be a member of the National Policing Improvement Agency in consequence of the coming into force of paragraph 360(4)(b) of Schedule 16 to the Act.
2
Paragraph 360(4)(b) shall have effect as if it read —
b
in sub-paragraph (4)(a), for “nominated by the Association of Police Authorities” substitute “who appears to the Secretary of State to represent the views of police and crime commissioners”.
.
Amendment to the Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011
8
1
The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 is amended as follows.
2
In article 7 (transitory provision in connection with the civilian staff of the metropolitan police force), at the end insert —
4
Section 33(5) and (6)(b) of the Act (which allows the London Assembly to require any member of the staff of the Mayor’s Office for Policing and Crime to attend proceedings of the Assembly for the purpose of giving evidence, or to produce documents to the Assembly) shall not apply in relation to a police civilian member of the staff of the Office.
.
3
In article 8 (transitional and transitory provision and savings in connection with police complaints and misconduct), for paragraph (1) substitute —
8
1
Paragraph (2) of this article applies in relation to a complaint, conduct matter or death or serious injury matter which came to the attention of an appropriate authority before 22nd November 2012.
1A
In paragraph (1A), “appropriate authority”, “complaint”, “conduct matter” and “death or serious injury matter” have the same meaning as in Part 2 of the Police Reform Act 2002.
1B
Paragraphs (3) and (4) of this article apply until the coming into force of section 1 of the 2011 Act.
Damian Green
Minister of State
Home Office
14th November 2012 |
The Consular Fees (Amendment) Order 2012
Her Majesty, in exercise of the powers conferred on Her by section 1(1), (4A) and (4B) of the Consular Fees Act 1980 is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:
1
This Order may be cited as the Consular Fees (Amendment) Order 2012 and comes into force on 3rd September 2012.
2
Part 2 of Schedule 1 to the Consular Fees Order 2012 is amended by substituting for part II of the Table (passport applications made in the United Kingdom) the following:
II. PASSPORT APPLICATIONS MADE IN THE UNITED KINGDOM £ C. Administering an application made in the United Kingdom, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost or stolen passport and, if the application is successful, issuing a 32 page passport — (a) for applications made by post — (i) where the applicant is aged 16 years and over 72.50 (ii) where the applicant is under 16 years old (for a passport valid for 5 years) 46.00 (b) for applications made in person — (i) where the applicant is aged 16 years or over using the fast-track service 103.00 (ii) where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track service 87.00 (iii) where the applicant is aged 16 years or over using the fast-track collect service 123.00 (iv) where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track collect service 103.50 (v) where the applicant is aged 16 years or over using the premium service 128.00 (vi) where the applicant is under 16 years old (for a passport valid for 5 years) using the premium service 106.50 D. Administering an application made in the United Kingdom, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost and stolen passport and, if the application is successful, issuing a 48 page passport — (a) for applications made by post 85.50 (b) for applications made in person — (i) using the fast-track service 111.00 (ii) using the fast-track collect service 123.00 (iii) using the premium service 137.00 E. Administering an application made in the United Kingdom and, if the application is successful, issuing a collective passport — (a) for applications made by post 39.00 (b) for applications made in person 54.00
.
Richard Tilbrook
Clerk of the Privy Council |
The Burma/Myanmar (Financial Restrictions) (Suspension) Regulations 2012
The Treasury make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
Citation and commencement
1
These Regulations may be cited as the Burma/Myanmar (Financial Restrictions) (Suspension) Regulations 2012 and come into force on 17th May 2012.
Suspension of provisions in the Burma/Myanmar (Financial Restrictions) Regulations 2009
2
Parts 3 and 5 of the Burma/Myanmar (Financial Restrictions) Regulations 2009 have no effect in relation to any act undertaken or omitted on or after 17th May 2012 and before 1st May 2013.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 2012 |
The Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 135A, 135B, 141C(1)(b) and 214(1) of the Education Act 2002 :
Citation and commencement
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012 and come into force on 1st April 2012.
Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 2008 are amended in accordance with regulations 3 to 17.
3
In regulation 3 (interpretation) in the definition of institution after “an independent school” insert “,a 16 to 19 Academy” .
4
In regulation 6 (appropriate body) —
a
at the end of paragraph (c) omit “and” and insert “and” at the end of paragraph (d); and
b
after paragraph (d) insert —
e
the appropriate body in relation to a 16 to 19 Academy is the relevant body referred to in regulation 8(3A).
.
5
In regulation 7 (requirement to serve an induction period) —
a
in paragraph (1) after “in a school” insert “, a 16 to 19 Academy”; and
b
In paragraph (2) for “in accordance with section 43(2) of the Teaching and Higher Education Act 1998” substitute “by a local authority, governing body or other person who engages (or makes arrangements for the engagement of) that person to provide such services”.
6
In regulation 8 (institutions in which an induction period may be served) —
a
after paragraph (1)(b) insert —
ba
when section 53 of the Education Act 2011 is fully in force, in the circumstances specified in paragraph (3A), a 16 to 19 Academy;
;
b
after paragraph (3) insert —
3A
A person may only serve an induction period in a 16 to 19 Academy where before the start of the induction period the proprietor of the Academy and a relevant body have agreed that that body is to act as the appropriate body in relation to the Academy.
;
and
c
in paragraph (4) —
i
for “paragraph (3)(c)” substitute “paragraphs (3)(c) and (3A)”; and
ii
in sub-paragraph (a) after “schools” insert “or 16 to 19 Academies”.
7
In regulation 9 (length of an induction period) in paragraph (4)(b) after “period in a” insert “16 to 19 Academy or a”.
8
In regulation 10 (periods of employment counting towards an induction period) in paragraph (6) after “school” insert “or 16 to 19 Academy”.
9
In regulation 16 (completion of an induction period) —
a
in paragraph (3)(b)(iii), and in paragraph (7) in the first two places where it occurs, for “the Council” substitute “the Secretary of State”; and
b
in paragraph (7)(b), for paragraph (ii) substitute —
ii
the address to which notice of an appeal should be sent; and
.
10
In the heading to regulation 17 (extension of an induction period), and in regulation 17(a), for “the Council” substitute “the Secretary of State”.
11
In regulation 18 (termination of employment following failure to complete an induction period satisfactorily) —
a
for paragraph (2)(a) substitute “no appeal is made to the Secretary of State or, in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations, the Council;”;
b
in paragraphs (2)(b) and (3)(a) for “the Council” substitute “the Secretary of State or the Council”; and
c
in paragraph (5) omit “in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations,”.
12
After regulation 18 insert —
Inclusion on the list of persons who have failed satisfactorily to complete an induction period
18A
1
Subject to paragraph (2), the name of any person in respect of whom a decision is made under regulation 16(5)(c) of these Regulations that the person has failed satisfactorily to complete the induction period which the person is required to serve, must be included on the list kept by the Secretary of State under section 141C(1)(b) of the 2002 Act .
2
The name of the person must not be included on the list until —
a
the time within which an appeal against the decision may be made has expired; or
b
any such appeal is withdrawn or dismissed.
.
13
In regulation 19 (appeals) —
a
in each place where it occurs for “the Council” substitute “the Secretary of State”; and
b
in paragraph (4)(c) for “it” substitute “the Secretary of State”.
14
In regulation 21 (charges) —
a
after “independent school” insert “, 16 to 19 Academy”; and
b
after “proprietor of a school” insert “or 16 to 19 Academy”.
15
In Schedule 2 (exemptions under these Regulations) —
a
at the end of paragraph 14 insert “and Children”;
b
in paragraph 18(d) for “the Training and Development Agency” substitute “the Secretary of State”; and
c
after paragraph 21 insert —
22
A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13A of Schedule 2 to, the 2003 Qualifications Regulations .
23
A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13B of Schedule 2 to, the 2003 Qualifications Regulations.
.
16
In Schedule 3 (special provisions applying to qualified teachers who have not passed the numeracy skills test) in paragraphs 3(b) and 5(b) for “the Council” substitute “the Secretary of State”.
17
In Schedule 4 (procedure for appeals) —
a
other than in paragraph 16, in each place where it occurs for “the Council” substitute “the Secretary of State”;
b
in paragraph 2(2) delete “it is”;
c
in paragraphs 6(1) and (2) in each place where it occurs for “it” substitute “the Secretary of State”;
d
in paragraph 11(3) for “it must send notice of its decision” substitute “the Secretary of State must send notice of the decision”;
e
after paragraph 12 insert —
Appeal panels
12A
1
Where an appeal is to be decided on the basis of an oral hearing, the Secretary of State must appoint a panel in accordance with sub-paragraph (2) to consider the appeal.
2
A panel must include at least three persons, comprising —
a
one or more teachers or persons who have been teachers in the past five years; and
b
one or more other persons.
;
f
in paragraph 15(1) for “it” substitute “the Secretary of State”;
g
in paragraph 16 —
i
in each place where it occurs for “the Council” substitute “the panel”;
ii
after sub-paragraph (1) insert —
1A
A panel must consider cases referred to it by the Secretary of State in accordance with the provisions of this paragraph.
;
and
iii
after sub-paragraph (8) insert —
9
The panel must make a recommendation to the Secretary of State as to whether the appeal should be allowed.
;
h
in paragraph 17(2) for “it made its decision” substitute “the decision was made”;
i
in paragraph 18 —
i
in sub-paragraph (1) for “its” substitute “a”; and
ii
for sub-paragraph (2) substitute —
2
Where any such irregularity comes to the attention of the Secretary of State, the Secretary of State may and must, if of the opinion that either party may have been prejudiced by the irregularity, give such directions as appear to be just before reaching a decision to cure or waive the irregularity.
.
Transitional provision
18
Where an appeal made to the General Teaching Council for England under regulation 19 of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 is not decided before 1st April 2012, the appeal is to be treated as an appeal to the Secretary of State.
Nick Gibb
Minister of State
Department for Education
28th February 2012 |
The Jobseeker’s Allowance (Jobseeking and Work for Your Benefit) (Amendment and Revocation) Regulations 2012
A draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseeker’s Act 1995 and approved by a resolution of each House of Parliament.
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Jobseeking and Work for Your Benefit) (Amendment and Revocation) Regulations 2012 and shall come into force on 1st March 2012.
Amendment to the Jobseeker’s Allowance Regulations 1996
2
In regulation 14(1)(h) (circumstances in which a person is to be treated as available) of the Jobseeker’s Allowance Regulations 1996 , after “youth custody institution” insert “and he is not given notice to participate in the Employment, Skills and Enterprise Scheme under regulation 4(1) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 ”.
Amendment to the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011
3
In regulation 5A (requirement to meet the jobseeking conditions) of the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 after paragraph (2) insert —
3
A claimant who is participating in the Scheme is not required to meet the conditions set out in section 1(2)(a) and (c) of the Act if the claimant has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of that discharge.
.
Revocation of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010
4
The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Work and Pensions
C. Grayling
Minister for Employment
Department for Work and Pensions
24th January 2012
We consent
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of
Her Majesty’s Treasury
26th January 2012 |
The National Health Service (Charges to Overseas Visitors) Amendment Regulations 2012
The Secretary of State for Health makes the following Regulations, in exercise of the powers conferred by sections 175 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 (Charges to Overseas Visitors) Amendment Regulations 2012 and come into force on 1st October 2012.
Amendments of the National Health Service (Charges to Overseas Visitors) Regulations 2011
2
1
The National Health Service (Charges to Overseas Visitors) Regulations 2011 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), omit the definition of “relevant period”.
3
In regulation 6 (services exempted from charges), in sub-paragraph (e), omit the words “, but in the case of services which relate to infection with Human Immunodeficiency Virus, only to the extent that they consist of a diagnostic test for evidence of infection with the Virus and counselling associated with that test or its result”.
4
In regulation 8 (overseas visitors exempt from charges – presence for work, study etc , or to settle), for paragraph (1) substitute —
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who the relevant NHS body is satisfied would be present for any purpose specified in paragraph (2) —
a
in the United Kingdom;
b
in a designated area of the Continental Shelf;
c
in or over any area of the Continental Shelf; or
d
on a stationary structure within the territorial waters of the United Kingdom,
if that visitor was not present in England while being provided with the relevant services by that relevant NHS body.
.
5
In regulation 23 (overseas visitors exempt from charges for treatment the need for which arose during the visit only), in paragraph (1), omit sub-paragraph (e).
6
For regulation 24 (family members of overseas visitors) substitute —
24
1
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a member of the family of another overseas visitor and is lawfully present in the United Kingdom if the other overseas visitor is exempt from charges under any of the following regulations —
a
regulation 12 (human trafficking);
b
regulation 15 ( NATO forces);
c
regulation 18 (Her Majesty’s United Kingdom Forces, Crown servants and others);
d
regulation 20 (missionaries).
2
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a member of the family of another overseas visitor and is lawfully present on a permanent basis with that other overseas visitor whilst that other overseas visitor is residing in or visiting the United Kingdom, if that other overseas visitor is exempt from charges under any of the following regulations —
a
regulation 7 (lawful residence for 12 months);
b
regulation 8 (presence for work, study etc, or to settle);
c
regulation 9 ( EU rights);
d
regulation 11 (refugees, asylum seekers and children in care);
e
regulation 14 (diplomats);
f
regulation 16 (long term visits by United Kingdom pensioners);
g
regulation 17 (war pensioners and armed forces compensation scheme payment recipients);
h
regulation 19 (former residents working overseas);
i
regulation 21 (prisoners and detainees);
j
regulation 22 (employees on ships).
3
No charge may be made or recovered in respect of any relevant services consisting of treatment the need for which arose during the visit, provided to an overseas visitor who is a member of the family of another overseas visitor and is lawfully present on a permanent basis with that other overseas visitor whilst that other overseas visitor is residing in or visiting the United Kingdom, if that other overseas visitor is exempt from charges under regulation 10 (reciprocal agreements), or regulation 23(1)(a) or (b) (treatment for needs arising).
4
For the purposes of this regulation “member of the family of an overseas visitor” means —
a
the spouse or civil partner of an overseas visitor; or
b
a child in respect of whom an overseas visitor is a parent or legal guardian.
5
None of the provisions of this regulation affect any entitlement which any member of the family of an overseas visitor may have to the provision of any relevant services by virtue of an enforceable EU right or any other exemption which they may be entitled to in their own right.
.
7
Omit Schedule 3.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State for Health,
Department of Health
19th June 2012 |
The Controlled Foreign Companies (Excluded Banking Business Profits) Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 371FD of the Taxation (International and Other Provisions) Act 2010 .
Citation, commencement and effect
1
1
These Regulations may be cited as the Controlled Foreign Companies (Excluded Banking Business Profits) Regulations 2012.
2
These Regulations come into force on 1st January 2013 and have effect for accounting periods of CFCs beginning on or after 1st January 2013.
Interpretation
2
1
In these Regulations —
“BIPRU 11” means the rules of that name set out in the FSA Handbook;
“the FSA Handbook” means the Handbook made by the Financial Services Authority under the Financial Services and Markets Act 2000 (as that Handbook has effect from time to time);
“GENPRU 2 Annex 2” means the rules of that name set out in the FSA Handbook;
“group consolidated accounts” means group accounts prepared in accordance with the requirements of Chapter 4 of Part 15 of the Companies Act 2006 ;
“group regulatory return” means consolidated financial information disclosed by a bank in accordance with BIPRU 11;
“regulatory return period” means the period to which a group regulatory return relates;
“total risk weighted assets” means the amount shown as such in the group regulatory return for a regulatory return period;
“total tier one capital” means the amount shown as such (or as “total tier 1 capital”) in the group regulatory return for a regulatory return period;
“ UK banking group” means a group for which consolidated financial information is required to be compiled under BIPRU 11.
2
In these Regulations, the following expressions have the meaning given by the FSA Handbook —
a
“bank”,
b
“exposure”,
c
“group”,
d
“risk weighted exposure amount”.
3
In these Regulations, “net total tier one capital” so far as it is used in relation to a CFC means the CFC’s total tier one capital after deductions, as calculated in accordance with the capital resources table shown in GENPRU 2 Annex 2.
Disapplication of Step 3 in section 371FA(1)
3
1
Paragraph (2) applies to an accounting period of a CFC if the CFC meets the conditions specified in regulation 4, as supplemented by regulation 5.
2
Step 3 in section 371FA(1) is not to apply in relation to the CFC’s trading finance profits in that accounting period so far as they arise from banking business carried on by the CFC in relation to which the CFC is regulated in the territory in which it is resident.
Regulatory capital requirements test
4
1
The first condition is that throughout the accounting period (“the relevant accounting period”) the CFC is a member of a UK banking group (“the CFC’s UK banking group”).
2
The second condition is that the CFC’s tier one capital ratio at the end of the relevant accounting period does not exceed the capital ratio limit.
3
The third condition is that it is reasonable to suppose that the average tier one capital ratio of the CFC during the relevant accounting period did not exceed the capital ratio limit.
Supplementary provisions
5
For the purposes of regulation 4 —
1
The capital ratio limit is 125% of the group tier one capital ratio of the CFC’s UK banking group for its last regulatory return period ending before the beginning of the relevant accounting period.
2
The group tier one capital ratio of a UK banking group for a regulatory return period is to be calculated using the following formula —
100 % ×
A
B
where —
A is the total tier one capital of the group for the regulatory return period or, if different, the amount calculated in the same way but using amounts (calculated in accordance with BIPRU 11) shown in the group consolidated accounts (if any) for the same period, and
B is the total risk weighted assets of the group for the regulatory return period or, if different, the amount calculated in the same way but using amounts (calculated in accordance with BIPRU 11) shown in the group consolidated accounts (if any) for the same period.
3
A CFC’s tier one capital ratio at a time is to be calculated using the following formula —
100 % ×
C
D
where —
C is the net total tier one capital of the CFC at that time, and
D is the aggregate of the risk weighted exposure amounts of the CFC for all its exposures at that time.
4
In the formula in paragraph (3), C and D are to be determined on the assumptions that BIPRU 11 applies to the CFC and that the CFC is required by those rules to make a disclosure of financial information other than as part of a group regulatory return.
Simon Bowles
Jim Harra
Two of the Commissioners for Her Majesty’s Revenue and Customs
5th December 2012 |
The Equality Act 2010 (Commencement No. 9) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 216(3) of the Equality Act 2010 :
Citation
1
This Order may be cited as the Equality Act 2010 (Commencement No. 9) Order 2012.
Provision coming into force
2
Section 197 of the Equality Act 2010 comes into force on the day after the day on which this Order is made.
Provisions coming into force on 1st October 2012
3
The following provisions of the Equality Act 2010 come into force on 1st October 2012 —
a
sections 28 to 31, in so far as they are not already in force,
b
sections 100 to 105, in so far as they are not already in force,
c
section 107, in so far as it is not already in force,
d
Schedule 3, in so far as it is not already in force,
e
Schedule 16, in so far as it is not already in force,
f
Schedule 22, in so far as it applies to the protected characteristic of age, and
g
Schedule 23, in so far as it applies to the protected characteristic of age.
Theresa May
Secretary of State for the Home
Department
18th June 2012 |
The Traffic Management (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012
The Secretary of State for Transport having approved the Royal Borough of Kingston upon Thames 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 (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012 and comes into force on 1st March 2013.
Interpretation
2
In this Order —
“the Royal Borough of Kingston upon Thames Permit Scheme” means the permit scheme set out in the Schedule in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the Royal Borough of Kingston upon Thames 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 Royal Borough of Kingston upon Thames Permit Scheme comes into effect on 1st March 2013.
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 Royal Borough of Kingston upon Thames Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
10th December 2012
SCHEDULE
THE ROYAL BOROUGH OF KINGSTON UPON THAMESPERMIT SCHEME
Article 2 |
The Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.
Citation and Commencement
1
These Regulations may be cited as the Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012 and come into force on 31st May 2012.
Amendments
2
1
The Batteries and Accumulators (Placing on the Market) Regulations 2008 are amended as follows.
2
After regulation 5, insert —
Capacity Labelling
5A
1
No person shall place on the market any portable secondary (rechargeable) battery or automotive battery or accumulator to which Article 1 of the Capacity Labelling Regulation applies unless the capacity of the battery is indicated upon it visibly, legibly and indelibly in accordance with the requirements of that Regulation.
2
The “Capacity Labelling Regulation” means Commission Regulation ( EU ) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/ EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators .
.
3
In regulation 15(1)(b), for “regulation 5 or 7” insert “regulation 5, 5A or 7”.
4
In regulation 18(1), after “15(1)(a),” insert “(b) in relation to a contravention of, or failure to, comply with regulation 5A,”.
5
After regulation 25, insert —
Review
26
1
The Secretary of State must from time to time —
a
carry out a review of regulations 1 to 24,
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 requirements for placing batteries and accumulators on the market in Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/ EEC and in the Capacity Labelling Regulation (which are implemented by means of these Regulations) are 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 this regulation must be published before the end of the period of 5 years beginning with the 31st May 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
24th April 2012 |
The Social Security (Civil Penalties) Regulations 2012
In so far as these Regulations relate to housing benefit and council tax benefit, in accordance with section 176(1) of the Social Security Administration Act 1992 , consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Civil Penalties) Regulations 2012 and come into force on 1st October 2012.
2
In these Regulations, “ the Act ” means the Social Security Administration Act 1992.
Prescribed amount of penalty: section 115C of the Act
2
The prescribed amount of the penalty for the purpose of section 115C(2) of the Act (incorrect statements etc. ) is £50.
Prescribed amount of penalty: section 115D(1) of the Act
3
The prescribed amount of the penalty for the purpose of section 115D(1) of the Act (failure to provide information) is £50.
Prescribed amount of penalty: section 115D(2) of the Act
4
The prescribed amount of the penalty for the purpose of section 115D(2) of the Act (failure to notify appropriate authority of a relevant change of circumstances) is £50.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under Secretary of State
Department for Work and Pensions
25th July 2012 |
The Pensions Act 2011 (Commencement No. 2) Order 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 38(4) of the Pensions Act 2011 .
Citation
1
This Order may be cited as the Pensions Act 2011 (Commencement No. 2) Order 2012.
Commencement of provisions
2
The following provisions of the Pensions Act 2011 come into force, in so far as they are not already in force, on 6th March 2012 —
a
section 9 (rounded figures for earnings trigger and qualifying earnings band),
b
section 12 (certification that alternative to quality requirement is satisfied), and
c
section 13 (certification for non-UK schemes).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
3rd March 2012 |
The Care Quality Commission (Healthwatch England Committee) Regulations 2012
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Care Quality Commission (Healthwatch England Committee) Regulations 2012 and come into force immediately after the commencement of section 181 of the Health and Social Care Act 2012 .
2
In these Regulations —
“ the Committee ” means the Healthwatch England committee of the Commission ; and
“member”, except in the expression “member of the Commission”, means a member of the Committee, including the chair.
Members
2
1
The Committee is to consist of —
a
a chair appointed by the Secretary of State; and
b
not less than six and not more than twelve other members appointed by the chair.
2
Before appointing the first members, the chair must consult the chair of the Commission .
3
For the purposes of paragraph (2), “the first members”, in relation to the Committee, means those members, other than the chair, whose membership of the Committee takes effect from 1st October 2012.
Appointment of members
3
1
The Secretary of State must exercise the function in regulation 2(1)(a) so as to secure that the chair is a person who is a member of the Commission at the time when the appointment as chair takes effect .
2
The chair must exercise the function in regulation 2(1)(b) so as to secure that —
a
a majority of members are not members of the Commission;
b
so far as reasonably practicable, the persons appointed include persons with knowledge or experience relevant to the discharge, by the Committee, of functions under section 45A of the Health and Social Care Act 2008 (functions to be exercised by Healthwatch England); and
c
arrangements for the selection and appointment of persons as members take into account —
i
the principle that the selection and appointment of members should be open and transparent; and
ii
the principles laid down in the Commissioner for Public Appointments’ Code of Practice for Ministerial Appointments to Public Bodies of 1st April 2012 .
3
In exercising the function in regulation 2(1)(b), the chair must have regard to the need to encourage diversity in the range of persons who may be appointed.
4
In exercising that function, the chair may, subject to the conditions specified in paragraph (5), appoint up to four members who are directors of Local Healthwatch organisations .
5
The conditions are that —
a
those persons are not members of the Commission at the time of the appointment; and
b
in relation to each region of England, no more than one member is appointed from directors of Local Healthwatch organisations for the areas of English local authorities in that region.
6
For the purposes of paragraph (5)(b), the regions of England are listed in column (1) of the Table in Schedule 1 and comprise the areas specified in column (2) of the Table.
Co-option
4
1
The Committee may appoint members in addition to those appointed under regulation 2 (“Co-opted Members”).
2
A Co-opted Member is appointed for such period as the Committee considers appropriate and a Co-opted Member who has ceased to hold office may be re-appointed.
3
A Co-opted Member does not count as a member for the purposes of regulations 5 to 9.
4
A Co-opted Member may not vote on any matter.
5
The Committee must exercise its power under paragraph (1) so as to secure that a majority of members are not members of the Commission.
6
The membership of a Co-opted Member may be withdrawn at any time by the Committee.
Tenure
5
1
Subject to regulations 8 and 10, the term of office of a member must be such period, not exceeding four years, as is specified by the person making the appointment at the time of the appointment.
2
Subject to regulation 6 and paragraph (3), a member who has ceased to hold office may be re-appointed.
3
A member may not hold office for more than two consecutive terms without an intervening period of at least four years.
Disqualification for appointment or from holding office
6
Subject to regulation 7, a person is disqualified for appointment or from holding office as a member where that person falls within one or more of paragraphs 1 to 6 of Schedule 2.
Cessation of disqualification
7
1
Subject to paragraph (2), a person who is disqualified under paragraph 4 or 6 of Schedule 2 may, after the expiry of a period of two years beginning on the date of the dismissal or removal, apply in writing to the chair to remove the disqualification, and the chair may direct that the disqualification is to cease.
2
Where the chair refuses an application to remove a disqualification, no further application may be made by that person until the expiry of a period of two years beginning on the date of the application, and this paragraph applies to any subsequent application.
Termination of tenure of office
8
1
A member may resign at any time by giving notice in writing to the Appointing Authority.
2
If the chair ceases to be a member of the Commission, the chair’s tenure of office as chair terminates on the date of the cessation .
3
If a member other than the chair is appointed to be the chair, that member’s tenure of office as such a member terminates when the appointment as chair takes effect.
4
The tenure of office of a member other than the chair terminates upon being notified in writing by the chair —
a
that the chair is satisfied that one of the conditions specified in paragraph (5) is met in relation to that member; and
b
of the reason why the chair is so satisfied.
5
The conditions are that that member —
a
is unable or unfit to carry out the duties of that office;
b
is failing to carry out those duties; or
c
is disqualified from holding office (or was disqualified at the time of appointment).
6
Without prejudice to paragraph (4) and subject to regulation 10, the tenure of office of a member appointed under regulation 3(4) terminates —
a
where that member ceases to be a director of a Local Healthwatch organisation, on the date of the cessation;
b
where that member becomes a member of the Commission, on the date on which that member’s appointment as such a member takes effect; and
c
where the condition specified in regulation 3(5)(b) ceases to be satisfied as a result of that member becoming a director of a Local Healthwatch organisation other than that of which that member is currently a director, on the date of the cessation.
7
Where a person has been appointed as a member under regulation 3(4), that person must give notice in writing to the chair if that person’s tenure of office as a member is terminated under paragraph (6).
8
For the purposes of paragraph (1), “the Appointing Authority” —
a
in relation to a member who is the chair, means the Secretary of State; and
b
in relation to any other member, means the chair.
Suspension of members
9
1
Paragraph (2) applies where the chair is suspended from office as a member of the Commission .
2
The Secretary of State must suspend the chair from office as chair, for the duration of that suspension, by giving the chair notice in writing.
3
Paragraphs (4) and (5) apply where it appears to the chair in relation to another member that one of the conditions in regulation 8(5) is or may be satisfied.
4
The chair may suspend the member from office by giving that member notice in writing.
5
The chair may, by giving that member notice in writing —
a
before the period referred to in paragraph (8) has expired, extend, or further extend, the suspension for a further specified period; or
b
if it has expired, impose a further suspension for a specified period.
6
Where the chair suspends a member under this regulation, the chair may, on application by the suspended member or otherwise, remove a suspension before the period referred to in paragraph (8) has expired, or reduce its period.
7
Where the chair removes, or reduces the period of, suspension under paragraph (6), the chair must notify the member in writing to that effect.
8
A notice given under paragraph (2) or (4) must give the reason for, and the period of, the suspension and the date that it is to begin.
9
The chair or other member must cease to perform functions as the chair or member for the period of the suspension but the period of the chair or member’s term of office is not affected by the suspension.
Transitional provision
10
1
In relation to appointments made during the period beginning on 1st October 2012 and ending on 31st March 2013 —
a
the reference, in regulation 3(4), to directors of Local Healthwatch organisations is to be read as a reference to the persons mentioned in paragraph (2); and
b
the conditions specified in paragraph (5) of that regulation do not apply.
2
The persons are —
a
persons whom the chair recognises as persons representing Local Involvement Networks; or
b
persons who, under arrangements made by an English local authority, are providing advice, assistance or other support to that authority in relation to that authority’s preparations for making arrangements with Local Healthwatch organisations under section 221 of the 2007 Act (local arrangements in relation to health services and social services).
3
The term of office of a member appointed in accordance with this regulation must be such period, not extending beyond 30th September 2013, as the chair specifies at the time of the appointment.
4
The membership of a person appointed in accordance with this regulation may be withdrawn at any time by the chair.
5
In this regulation —
“ the 2007 Act” means the Local Government and Public Involvement in Health Act 2007; and
“ Local Involvement Network ” has the meaning given by section 222(2) of the 2007 Act (arrangements under section 221(1)).
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
21st June 2012
SCHEDULE 1
REGIONS IN ENGLAND
Regulation 3(6)
1
The regions in England are listed in column (1) of the Table below and comprise the areas specified in column (2) of the Table.
2
A reference to an area specified in column (2) of the Table is a reference to that area as it is for the time being.
Table
(1) Name of Region (2) Area Included
London Greater London North County of Darlington
County of Durham
County of Hartlepool
County of Middlesbrough
County of Northumberland
County of Redcar and Cleveland
County of Stockton-on-Tees
County of Tyne and Wear
County of Blackburn with Darwen
County of Blackpool
County of Cheshire East
County of Cheshire West and Chester
County of Cumbria
County of Greater Manchester
County of Halton
County of Lancashire
County of Merseyside
County of Warrington
County of the City of Kingston upon Hull
County of the East Riding of Yorkshire
County of North East Lincolnshire
County of North Lincolnshire
County of North Yorkshire
County of South Yorkshire
County of West Yorkshire
County of York
Midlands County of Derby
County of Derbyshire
County of Leicester
County of Leicestershire
County of Lincolnshire
County of Northamptonshire
County of Nottingham
County of Nottinghamshire
County of Rutland
County of Bedford
County of Central Bedfordshire
County of Cambridgeshire
County of Essex
County of Hertfordshire
County of Luton
County of Norfolk
County of Peterborough
County of Southend-on-Sea
County of Suffolk
County of Thurrock
County of Herefordshire
County of Shropshire
County of Staffordshire
County of Stoke-on-Trent
County of Telford and Wrekin
County of Warwickshire
County of West Midlands
County of Worcestershire
South County of Berkshire
County of Brighton and Hove
County of Buckinghamshire
County of East Sussex
County of Hampshire
County of Isle of Wight
County of Kent
County of the Medway Towns
County of Milton Keynes
County of Oxfordshire
County of Portsmouth
County of Southampton
County of Surrey
County of West Sussex
County of Bath and North East Somerset
County of Bournemouth
County of the City of Bristol
County of Cornwall
County of Devon
County of Dorset
County of Gloucestershire
County of North Somerset
County of Plymouth
County of Poole
County of Somerset
County of South Gloucestershire
County of Swindon
County of Torbay
County of Wiltshire
Isles of Scilly
SCHEDULE 2
GROUNDS FOR DISQUALIFICATION
Regulation 6
1
The person is an undischarged bankrupt or a person whose estate has had sequestration awarded in respect of it and who has not been discharged.
2
The 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).
3
The person has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it.
4
The person has been dismissed (without being re-instated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court.
5
The person is subject to —
a
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ;
b
a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989 or a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 ; or
c
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual).
6
The person has been removed —
a
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 for which that person was responsible or to which that person was privy, or which that person, by their conduct, contributed to or facilitated; or
b
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities) or section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body. |
The Companies Act 2006 (Amendment of Part 23) (Investment Companies) Regulations 2012
In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972, 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 Companies Act 2006 (Amendment of Part 23) (Investment Companies) Regulations 2012 and come into force on 6th April 2012.
Amendments to Part 23 of the Companies Act 2006
2
1
Part 23 of the Companies Act 2006 is amended as follows.
2
In section 832(5) (conditions investment company must meet in order to make a distribution under section 832) —
a
for paragraph (a) substitute the following —
a
the company’s shares must be shares admitted to trading on a regulated market;
;
b
omit paragraph (b)(i) (together with the “or” following it); and
c
in paragraph (b)(ii) omit “or any capital profits (realised or unrealised)”.
3
In section 832(6) (definitions applying for the purpose of conditions which investment company must meet in order to make a distribution under section 832) omit paragraph (a) (together with the “and” following it).
4
In section 833(1)(b) (meaning of “investment company”), for “requirements” substitute “requirement”.
5
In section 833(2) (requirements to be complied with after giving notice to registrar of intention to carry on business as an investment company) —
a
for “Those requirements are” substitute “The requirement is”;
b
in paragraph (a), for “mainly in securities” substitute “in shares, land or other assets”; and
c
omit paragraphs (b), (c) and (d).
6
Omit section 833(3).
7
Omit sections 834 and 835.
Transitional provision
3
1
The repeal of section 833(2)(d) of the Companies Act 2006 (requirement not to retain more than 15% of income in each accounting reference period) applies only in relation to accounting reference periods of an existing investment company beginning on or after 6th April 2012.
2
In this regulation, “existing investment company” means a company that gave notice under section 833(1) of that Act (notice to registrar of intention to carry on business as an investment company) before 6th April 2012.
Consequential repeals
4
The following are repealed —
a
paragraph 11(4) of Schedule 22 to the Finance Act 2009 ;
b
paragraph 489 of Schedule 1 to the Corporation Tax Act 2010 .
Norman Lamb
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs,
Department for Business, Innovation and Skills
27th March 2012 |
The Burma (Restrictive Measures) (Overseas Territories) (Suspension) 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 Burma (Restrictive Measures) (Overseas Territories) (Suspension) Order 2012 and comes into force on 19th October 2012.
2
This Order extends to the territories listed in Schedule 1 to the principal Order .
Interpretation
2
In this Order, “the principal Order” means the Burma (Restrictive Measures) (Overseas Territories) Order 2009 and the expressions “prohibited imports” and “the Regulation” have the same meaning as in the principal Order.
Amendment of the principal Order
3
1
The principal Order is amended as follows.
2
In article 2(1) —
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,
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,
any equipment which might be used for internal repression listed in Annex II to the Regulation, and
equipment and technology used in logging and timber processing, mining of various commodities, and mining and processing of precious and semi-precious stones, listed in Annex III to the Regulation.
.
Suspension of provisions in the principal Order
4
1
Articles 4, 5, and 6 of the principal Order are to have no effect in relation to anything done or omitted to be done on or after the coming into force of this Order in relation to equipment and technology listed in Annex III to the Regulation.
2
Article 7 of the principal Order is to have no effect in relation to anything done or omitted to be done on or after the coming into force of this Order in relation to equipment and technology listed in Annex III to the Regulation, or to prohibited imports.
3
Articles 8 to 19 of the principal Order are to have no effect in relation to anything done or omitted to be done on or after the coming into force of this Order.
Richard Tilbrook
Clerk of the Privy Council |
The Uplands Transitional Payment Regulations 2012
The Secretary of State makes the following Regulations under the powers conferred by that section.
Title, commencement, application and extent
1
1
These Regulations may be cited as the Uplands Transitional Payment Regulations 2012 and come into force on 13th February 2012.
2
Subject to paragraph 3, these Regulations apply only in England.
3
The revocations made by regulation 9 have the same extent as the provisions revoked.
Interpretation
2
In these Regulations —
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for uplands transitional payment made in a single payment scheme application;
“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 or the Commons Act 2006 ;
“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 73/2009” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005 , (EC) No 247/2006 , (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 ;
“CSS Agreement” means an agreement made under regulation 3(1) of the Countryside Stewardship Regulations 2000 ;
“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;
“the England LFA maps” means the four volumes of maps numbered 1 to 4, each volume being marked “Less Favoured Area Map of England 2009”, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“ESA Agreement” means an agreement made under section 18(3) of the Agriculture Act 1986 ;
“ewe” means a female sheep which was at least one year old on 1st January 2012, or had lambed by that date;
“forage area” has the same meaning as in Article 2(k) of Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation 73/2009 ;
“heifer” means a female bovine animal aged 8 months or over which has not yet calved;
“holding” has the same meaning as in Article 2(b) of Council Regulation 73/2009;
“individual quota” has the same meaning as in Article 65(i) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“moorland” means all the land shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“qualifying forage area” means the claimed forage area or, where deductions are made under Schedule 2 (availability of individual quotas: deductions from claimed forage area), such part of that area as remains following those deductions;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;
“relevant animal” means, in relation to a claimant, a breeding cow or ewe determined as a relevant animal in accordance with Schedule 1 (relevant animals);
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 73/2009;
“single payment scheme application” means an application to the single payment scheme submitted in 2011 in accordance with Article 19 of Council Regulation 73/2009 and Title II of Part II of Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation 73/2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ;
“suckler cow” has the same meaning as in Article 109(d) of Council Regulation 73/2009;
“Uplands Entry Level Stewardship Agreement” means an Uplands Entry Level Stewardship agreement made under the Rural Development Programme for England (2007-2013) ;
“uplands transitional payment” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999.
Uplands transitional payment
3
The Secretary of State must pay an uplands transitional payment for 2012 to a claimant who is eligible under regulation 4.
Eligibility for uplands transitional payment
4
1
A claimant who satisfies the conditions in paragraph (2) is eligible for an uplands transitional payment.
2
The conditions are that —
a
the claim relates to at least —
i
ten hectares of severely disadvantaged land, or
ii
one hectare of severely disadvantaged land, where the claimant is eligible for a related less favoured area allowance in another part of the United Kingdom;
b
at least one relevant animal is on land that is —
i
less favoured area, and
ii
in the claimant’s holding;
c
the land referred to in sub-paragraphs (a) and (b) —
i
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2011 to 31st March 2011 inclusive, and
ii
during that seven-month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of at least four months;
d
the claimant farms at least one parcel that is —
i
severely disadvantaged land, and
ii
subject to an ESA Agreement or a CSS Agreement that was in force on 1st January 2012;
e
the claimant —
i
made an eligible claim for hill farm allowance under the Hill Farm Allowance Regulations 2010 , or
ii
after 10 June 2009 took over both severely disadvantaged land and an ESA Agreement or a CSS Agreement relating to all or part of that land which was in force on 1st January 2012;
f
no Uplands Entry Level Stewardship agreement was in force in respect of any part of the claimant’s holding on 1st January 2012; and
g
where all or part of the claim relates to common land, that common land was subject to an ESA Agreement or a CSS Agreement on 1st January 2012.
3
But a claimant who is in breach of the agricultural undertaking is not eligible for an uplands transitional payment, unless the Secretary of State considers it reasonable in all the circumstances that the breach should not affect the claimant’s eligibility.
4
A claimant who ceases to farm does not breach the undertaking referred to in paragraph (3) provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
5
Where a holding in respect of which a claim has been made is situated partly outside England, the area of land which must be used for the purposes of agriculture under paragraph (4) is reduced by a percentage equal to the percentage of the land which is outside England.
6
For the purposes of paragraph (2)(c), land is taken to be available to be used for grazing or to have a forage crop taken from it if it is not so available only as a result of an agri-environment agreement.
7
In this regulation —
a
“agricultural undertaking” means the undertaking given by the claimant pursuant to Article 14(2) of Council Regulation 1257/1999 or Article 37(2) of Council Regulation 1698/2005 to pursue farming activity in a less favoured area for at least five years from the date of the first payment to that person in a claim made under these Regulations, the Uplands Transitional Payment Regulations 2011 or any of the Hill Farm Allowance Regulations 2007 to 2010 ;
b
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
c
“agri-environment agreement” means —
i
an agreement made as part of a scheme made under Article 39 of Council Regulation 1698/2005, or
ii
such other agreement involving environmental commitments as the Secretary of State thinks fit;
d
“parcel” means a continuous area of land, declared by one claimant, which does not cover more than one single crop group;
e
“crop group” has the same meaning as in the second sub-paragraph of article 16(2) of Commission Regulation ( EU ) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005 , as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures .
Payment
5
1
The Secretary of State must pay any uplands transitional payment at the rates specified in this regulation.
2
For the eligible forage area which is moorland or common land, the payment rate per hectare is —
a
£15.52 for the first 350 hectares; and
b
£7.76 for the next 350 hectares.
3
For the eligible forage area which is not moorland or common land, the rate payable per hectare is —
a
£40.96 for the first 350 hectares; and
b
£20.48 for the next 350 hectares.
4
The maximum total eligible forage area for which the Secretary of State must make an uplands transitional payment to a claimant is 700 hectares or the area in respect of which hill farm allowance was paid under the Hill Farm Allowance Regulations 2010, whichever is the smaller.
5
For a ESA Agreement or CSS Agreement that expires or is otherwise terminated between 1st January 2012 and 31st December 2012, or if the claimant enters an Uplands Environmental Stewardship agreement covering any part of the claimant’s holding between 1st January 2012 and 31st December 2012, the Secretary of State must pay a pro-rated uplands transitional payment using the following formula —
P U T P = U T P ÷ 366 × Υ
where —
“PUTP” is the pro-rated uplands transitional payment;
“UTP” is the payment rate referred to in paragraph (2) or (3);
“Y” is the number of days from 1st January 2012 to the date on which the agreement expires, is otherwise terminated or on which the Uplands Environmental Stewardship agreement is entered into, whichever is the earlier.
Increase in amount of payment
6
1
The Secretary of State must increase the amount of any payment under regulation 5 by 5% if either condition A or condition B is met, and by 10% if both those conditions are met.
2
Condition A is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with arable crops in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2006.
3
Condition B is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with woodland in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2006.
4
In this regulation —
a
“other financial support” does not include financial support from the single payment scheme;
b
“permanent pasture” means non-rotational land used for sown or natural grass production for periods of five or more years.
Shortfalls and surpluses in the fund
7
1
The Secretary of State may increase the amount of any payment made under these Regulations by up to 10% if the fund available for uplands transitional payment is greater than anticipated because —
a
the amount of eligible forage area in respect of which such payments are payable is smaller than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be greater than anticipated.
2
The Secretary of State may decrease the amount of any payment made under these Regulations by up to 10% if that fund is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such payments are payable is greater than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be smaller than anticipated.
3
Any increase applied under paragraph (1) or decrease applied under paragraph (2) must be applied in the same proportion to each claimant’s payment.
4
The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.
Deductions from claimed forage area
8
Schedule 2 (availability of individual quotas: deductions from claimed forage area) has effect.
Revocation
9
The Hill Farm Allowance Regulations 2001 , the Hill Farm Allowance Regulations 2002 , the Hill Farm Allowance Regulations 2003 , the Hill Farm Allowance Regulations 2004 and the Hill Farm Allowance Regulations 2005 are revoked.
Jim Paice
Minister of State for Agriculture and Food
Department for Environment, Food and Rural Affairs
16th January 2012
SCHEDULE 1
Relevant Animals
Regulation 2
Breeding cows
1
1
Subject to paragraph 3, a breeding cow is a relevant animal if —
a
it is declared in, or subsequently accepted by the Secretary of State as being included in, the claimant’s claim;
b
it is of a meat breed, or is a crossbreed, or the offspring of a crossbreed;
c
it is registered in accordance with Schedule 2 to the Cattle Identification Regulations 2007 ;
d
throughout a period of six consecutive months starting on any date from 1st July 2011 to 31st December 2011 inclusive —
i
it was part of a herd used for rearing calves for meat production only,
ii
it was owned by, or leased under a written leasing agreement to, the claimant,
iii
the claimant had economic responsibility for it, and
iv
it was kept on the claimant’s holding.
2
The condition in sub-paragraph (1)(d)(iv) continues to be met if —
a
the breeding cow was replaced with another one during that six-month period;
b
the conditions in sub-paragraph (1)(a) to (d)(iii) are met in respect of that replacement; and
c
that replacement was kept on the claimant’s holding for the remainder of that period.
3
In this paragraph —
a
“crossbreed” means a bovine animal with at least one parent of a meat breed;
b
“meat breed” means any bovine breed not listed in Annex IV to Commission Regulation (EU) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof .
2
1
For the purposes of paragraph 1(1)(d)(iii), a claimant had economic responsibility for a breeding cow if, in relation to that cow, the claimant —
a
was its keeper;
b
made the final decisions regarding, and paid for, its feeding, bedding, housing and veterinary requirements; and
c
was in possession of its cattle passport.
2
In sub-paragraph (1), “cattle passport” and “keeper” have the same meaning as in regulation 2(1) of the Cattle Identification Regulations 2007.
3
Where —
a
the claimant’s breeding cows which meet the conditions in paragraph 1(1) include heifers, and
b
the number of such heifers, expressed in livestock units, exceeds 40% of the total number of breeding cows which meet those conditions,
the number of heifers which are relevant animals is reduced so that no more than 40%, expressed in livestock units, of the claimant’s breeding cows which are relevant animals are heifers.
Ewes
4
A ewe is a relevant animal if —
a
it is declared in, or subsequently accepted by the Secretary of State as being included in, the claimant’s claim;
b
the requirements of articles 21, 22 and 24 of the Sheep and Goats (Records, Identification and Movement) (England) Order 2009 (which relate to holding registers, movement documents and inventories) were complied with in relation to that ewe;
c
it formed part of a flock kept on the holding for a consecutive period of 100 days starting on any day from 1st January 2011 to 22nd September 2011 inclusive; and
d
it was, throughout that period, owned by, or leased under a written agreement to, the claimant.
SCHEDULE 2
Availability of Individual Quotas: Deductions from Claimed Forage Area
Regulation 8
1
If an individual quota was available to a claimant on 31st March 2011, the claimed forage area is subject to the deductions specified in paragraph 4.
2
The deductions are calculated by reference to the number of livestock units deemed to constitute the dairy herd kept by the claimant on land in England (“the notional dairy herd”), determined in accordance with paragraph 3.
3
The notional dairy herd is calculated as follows —
T L U = I Q ÷ 5730
where —
“IQ” is the individual quota (expressed in litres) available to the claimant in relation to the claimant’s land in England;
“ TLU ” is the number of livestock units in the notional dairy herd; and
“5730” is the number of litres of milk deemed to be equivalent to the annual production of one dairy cow.
4
The deductions are made as follows —
a
S hectares are deducted from A, where S is equal to the lesser of —
i
T L U ÷ 1.8
, and
ii
A ;
b
if TLU is greater than 1.8S, T hectares are deducted from B, where T is equal to the lesser of —
i
T L U − 1.8 S
, and
ii
B ;
c
If TLU is greater than 1.8S + T, U hectares are deducted from C, where U is equal to the lesser of —
i
(
T L U − (
1.8 S + T
)
) ÷ 1.4
, and
ii
C ;
d
if TLU is greater than 1.8S + T + 1.4U, V hectares are deducted from D, where V is equal to the lesser of —
i
T L U − (
1.8 S + T + 1.4 U
)
, and
ii
D ;
e
If TLU is greater than 1.8S + T + 1.4U + V, W hectares are deducted from E, where W is equal to the lesser of —
i
T L U − (
1.8 S + T + 1.4 U + V
) ÷ 1.4
, and
ii
E ;
f
If TLU is greater than 1.8S + T + 1.4U + V + 1.4W, X hectares are deducted from F, where X is equal to the lesser of —
i
(
T L U − (
1.8 S + T + 1.4 U + V + 1.4 W
)
) ÷ 1.4
, and
ii
F ;
g
if TLU is greater than 1.8S + T + 1.4U + V + 1.4W + X, Y hectares are deducted from G, where Y is equal to the lesser of —
i
(
T L U − (
1.8 S + T + 1.4 U + V + 1.4 W + X
)
)
, and
ii
G ;
h
if TLU is greater than 1.8S + T + 1.4U + V + 1.4W + X + Y, Z hectares are deducted from H, where Z is equal to the lesser of —
i
(
T L U − (
1.8 S + T + 1.4 U + V + 1.4 W + X + Y
)
) ÷ 1.4
, and
ii
H ;
where —
“A” is the number of hectares of claimed forage area not within a less favoured area which is not common land;
“B” is the number of hectares of claimed forage area not within a less favoured area which is common land;
“C” is the number of hectares of claimed forage area within the disadvantaged land;
“D” is the number of hectares of claimed forage area within the disadvantaged land that is either moorland or common land;
“E” is the number of hectares of claimed forage area within the severely disadvantaged land that is not subject to an ESA Agreement or CSS Agreement in respect of any part that area;
“F” is the number of hectares of claimed forage area within the severely disadvantaged land that is either moorland or common land and that is not subject to an ESA Agreement or CSS Agreement in respect of any part of that area;
“G” is the number of hectares of claimed forage area within the severely disadvantaged land that is either moorland or common land and that is subject to an ESA Agreement or CSS Agreement in respect of any part of that area;
“H” is the number of hectares of claimed forage area within the severely disadvantaged land that is subject to an ESA Agreement or CSS Agreement in respect of any part of that area; and
“TLU” is the total number of livestock units in the notional dairy herd.
5
Where a holding in respect of which a claim has been made is situated partly outside England, the individual quota which is treated as available to a claimant in relation to the claimant’s land in England is calculated as follows —
I Q = (
T I Q × X
) ÷ Y
where —
“X” is the claimed forage area in hectares of that part of the holding situated in England;
“Y” is the total claimed forage area in hectares of that holding;
“TIQ” is the total individual quota available to the claimant in respect of that holding; and
“IQ” is the individual quota which is treated as available in respect of that part of the holding situated in England.
6
In this Schedule —
a
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
b
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
i
one suckler cow,
ii
one heifer aged 24 months or over,
iii
1.67 heifers under the age of 24 months, and
iv
6.67 ewes. |
The Transport for Greater Manchester (Light Rapid Transit System) (Oldham, Manchester Street Modification) Order 2012
The Secretary of State in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 2, 4, 8, 9, 13 and 15 of Schedule 1 to, the 1992 Act, makes the following Order: —
Citation and commencement
1
This Order may be cited as the Transport for Greater Manchester (Light Rapid Transit System) (Oldham, Manchester Street Modification) Order 2012 and comes into force on 18th December 2012.
Interpretation
2
1
In this Order —
“the 1994 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1994 ;
“authorised works” means the scheduled work and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled work mentioned in article 4(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and maintenance is to be construed accordingly;
“the plan” means the plan certified by the Secretary of State as the plan for the purposes of this Order;
“the scheduled work” means the work specified in the Schedule or any part of it;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street tramway” means any part of a tramway which is laid along a street whether or not the section of the street in which its rails are laid may be used by other traffic;
“tramroad” means any part of a tramway which is not a street tramway; and
“the undertaker” means Transport for Greater Manchester established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 .
2
All distances, directions and lengths stated in the description of the scheduled work or in any description of powers are approximate and distances between points on a street tramway or tramroad are to be taken to be measured along the street tramway or tramroad.
Power to continue, maintain and operate tramroad
3
1
The undertaker may continue, maintain and operate the scheduled work.
2
The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the scheduled work, namely —
a
stations, platforms and stopping places;
b
works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised works;
c
works for the strengthening, alteration or demolition of any building or structure;
d
works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables;
e
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
f
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and
g
replacement facilities and works for the benefit or protection of premises affected by the other authorised works.
3
The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the continuation, maintenance and operation of the scheduled work.
4
Paragraphs (2) and (3) only authorise the carrying out or maintenance of works within the limits of deviation.
5
The undertaker must not construct so much of Works Nos. 1 and 2 described in section 4(2) of the 1994 Act as lies within the limits of deviation for the scheduled work.
Power to deviate
4
1
In maintaining the scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the plan within the limits of deviation for that work shown on that plan; and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards as may be found to be necessary or convenient.
2
In maintaining the scheduled work the undertaker may lay down —
a
double lines of rails in place of single lines;
b
single lines of rails in place of double lines;
c
interlacing lines of rails in place of double or single lines; or
d
double or single lines of rails in place of interlacing lines.
3
In maintaining the scheduled work, the undertaker may provide within the limits of deviation such number of lines of rails and sidings as may be necessary or expedient.
Designation of works
5
1
Regardless of anything in the description of the scheduled work the whole or part of the scheduled work may be maintained within the limits of deviation for that work along a street as a street tramway and, so far as it is so maintained, is to be treated for the purposes of this Order as if it were so designated.
2
Where, by means of the creation or extinguishment of rights of way —
a
any part of the scheduled work which has been constructed as a tramroad becomes a street tramway, it is to be treated for the purposes of the Order as if it were designated as a street tramway; and
b
any part of the scheduled work which has been constructed as a street tramway becomes a tramroad, it is be treated for the purposes of this Order as if it were designated as a tramroad.
Application of existing powers
6
1
The following provisions of the 1994 Act apply to the scheduled work as if it were a work authorised by that Act and as if it were included in the definition of “the tramroads” in section 2 of that Act: —
a
section 6 (gauge of tramroads and tramway);
b
section 10 (certain works to be deemed tramways, etc. );
c
section 11 (extension of powers), so far as it applies Part 2 of the Greater Manchester (Light Rapid Transit System) Act 1988 and section 9 of the Greater Manchester (Light Rapid Transit System) (No.2) Act 1988 .
2
Article 55 (application of powers) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 is to have effect as if the light rapid transit system authorised by the 1994 Act included the authorised works.
3
Section 11 of the 1994 Act as applied by paragraph (1) is to have effect as if, in subsection (2)(d), in addition to the reference to West Street and Winterbottom Street, there were a reference to the roundabout and associated sliproads carrying Manchester Street under Oldham Way .
Certification of plan, etc.,
7
The undertaker must, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections and the plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plan referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State for Transport
Martin Woods
Head of the Transport and Works Act Orders Unit
Department for Transport
27th November 2012
SCHEDULE
Scheduled Work
In the Borough of Oldham —
A tramroad approximately 250 metres in length (double line) commencing at a point with a grid reference (391967,404833) approximately 110 metres west of the termination of Work No.1 of the 1994 Act, running from that point in an easterly direction across the Manchester Street roundabout before terminating at a point with a grid reference (392220,404781) 45 metres to the west of the termination of Work No.2 of the 1994 Act near the eastern side of John Street opposite its junction with Foundry Street. |
Public Services (Social Value) Act 2012
Contracts of relevant authorities
1
1
If a relevant authority proposes to procure or make arrangements for procuring the provision of services, or the provision of services together with the purchase or hire of goods or the carrying out of works, by —
a
entering into a public services contract that is not a contract based on a framework agreement, or
b
concluding a framework agreement as regards which public services contracts are likely to constitute the greater part by value of the contracts based on the agreement,
it must comply with the requirements in subsections (3), (6) and (7) before starting the process of procurement.
2
The authority is to be treated for the purposes of subsection (1) as having started the process of procurement as regards what is proposed to be procured as soon as it takes whichever of the following steps is the first to occur —
a
sending a notice to the Official Journal of the European Union for the purpose of inviting tenders, requests to be selected to tender or to negotiate or requests to participate in relation to a public services contract or framework agreement relating to what is proposed to be procured;
b
publishing an advertisement seeking offers or expressions of interest in relation to such a contract or framework agreement;
c
contacting a person in order to seek an offer or expression of interest in relation to such a contract or framework agreement;
d
contacting a person in order to respond to an unsolicited offer or expression of interest in relation to such a contract or framework agreement;
e
entering into such a contract or concluding such a framework agreement.
3
The authority must consider —
a
how what is proposed to be procured might improve the economic, social and environmental well-being of the relevant area, and
b
how, in conducting the process of procurement, it might act with a view to securing that improvement.
4
In subsection (3) “the relevant area” means the area consisting of the area or areas of the one or more relevant authorities on whose behalf a public services contract is, or contracts based on a framework agreement are, intended to be made.
5
For the purposes of subsection (4) the area of a relevant authority is an area consisting of the area or areas by reference to which the authority primarily exercises its functions, disregarding any areas outside the United Kingdom.
6
The authority must consider under subsection (3)(b) only matters that are relevant to what is proposed to be procured and, in doing so, must consider the extent to which it is proportionate in all the circumstances to take those matters into account.
7
The authority must consider whether to undertake any consultation as to the matters that fall to be considered under subsection (3) .
8
If an urgent need to arrange the procurement in question makes it impractical to comply with the requirements in subsections (3), (6) and (7) before the time indicated by subsection (1) , a relevant authority may disregard the requirements to the extent that it is not practical to comply with them.
9
Subsection (8) does not apply to the extent that the time available is reduced by undue delay on the part of the authority after this section has come into force.
10
Failure to comply with subsection (1) , (3), (6) or (7) does not affect the validity of anything done in order to comply with the Regulations .
11
The following are not required to comply with subsections (1) , (3), (6) and (7) —
a
the Welsh Ministers;
b
the First Minister for Wales;
c
the Counsel General to the Welsh Assembly Government;
d
the National Assembly for Wales Commission;
e
a relevant authority whose functions are wholly or mainly Welsh devolved functions.
12
For the purposes of subsection (11) a function of a relevant authority is a Welsh devolved function if —
a
provision conferring or imposing that function upon the authority is within the legislative competence of the National Assembly for Wales, or
b
provision conferring or imposing that function upon the authority is made by the Welsh Ministers.
13
This section has effect in relation to a relevant authority’s proposed procurement or arrangements for procurement only if the public services contract or framework agreement in contemplation is such that the Regulations would have effect in relation to it.
14
If anything done before the commencement of this section would to any extent have satisfied the requirements in subsections (1) , (3), (6) and (7) if done after that commencement, the requirements are to that extent to be treated as satisfied.
15
In this section —
“framework agreement” has the same meaning as in the Regulations, and a reference to a contract based on a framework agreement is a reference to a contract entered into on terms established by such an arrangement;
“public services contract” has the same meaning as in the Regulations (and includes a contract that is treated as being a public services contract by the Regulations);
“the Regulations” means the Public Contracts Regulations 2006 ( S.I. 2006/5 ), or any regulations replacing those regulations, as from time to time amended;
“relevant authority” means a person or body that is a contracting authority for the purposes of the Regulations.
Local authority contracts
2
In section 17 of the Local Government Act 1988 (exclusion of non-commercial considerations in the case of local and other public authority contracts), after subsection (10) insert —
11
This section does not prevent a public authority to which it applies from exercising any function regulated by this section with reference to a non-commercial matter to the extent that the authority considers it necessary or expedient to do so to enable or facilitate compliance with a duty imposed on it by section 1 of the Public Services (Social Value) Act 2012.
Financial provisions
3
There is to be paid out of money provided by Parliament any expenditure incurred in consequence of this Act by a Minister of the Crown, government department or other public authority.
Short title, commencement and extent
4
1
This Act may be cited as the Public Services (Social Value) Act 2012.
2
Section 3 and this section come into force on the day on which this Act is passed.
3
Sections 1 and 2 come into force on such day as a Minister of the Crown may by order made by statutory instrument appoint.
4
This Act extends to England and Wales. |
The Social Security (Contributions) (Amendment No. 2) Regulations 2012
The powers exercised by the Treasury are those conferred by sections 1(6) and (7), 3(2) and (3), 10(9), 19(1), (2) and (5A), 122(1), and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 1(6) and (7), 3(2) and (3), 10(9), 19(1), (2) and (5A), 121(1) and 171(3), (4) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and now exercisable by them.
PART 1 General
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2012 and come into force on 6th April 2012.
2
The amendments made by regulation 8 have effect in relation to contributions paid in respect of the tax year 2011-2012 and subsequent tax years.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
PART 2 Amendments relating to pensions
Amendments relating to the abolition of certain types of contracted-out pensions
3
In paragraph (2) of regulation 1 (citation, commencement and interpretation) —
a
omit ““COMPS employment” means employment in respect of which minimum payments are made to a money purchase pension scheme contracted out under section 9(3) of the Pensions Act;”; and
b
in the definition of “contracted-out rate” —
i
in sub-paragraph (a) for “upper earnings limit” substitute “upper accrual point”; and
ii
omit sub-paragraph (b).
4
For paragraph (3) of regulation 6 (earnings periods for earnings to be aggregated where the earnings period for those earnings would be of different lengths) substitute —
3
In this regulation “the designated earnings period” means —
a
where the earnings are derived from employments which include any contracted-out employment and any non-contracted out employment, the earnings period in respect of earnings derived from the contracted-out employment or, if there is more than one such employment, the shorter, or as the case may be the shortest, of the earnings periods in respect of earnings derived from such employments; and
b
in any other case, the shorter, or as the case may be the shortest, of the earnings periods in respect of the earnings derived from such employments.
.
5
In paragraph 7(13)(b) of Schedule 4 (calculation of deduction) omit “or section 42A(1) to 2(A)”.
Amendments to Part 6 of Schedule 3
6
In Part 6 of Schedule 3 (pensions and pension contributions) —
a
in paragraph (2)(a) after “section 308” omit “(1)”; and
b
for paragraph 10(5)(a) substitute “any pension payable under its rules would have satisfied pension rules 1, 3 and 4;”.
PART 3 Amendments relating to the abolition of disregards
Amendments relating to the abolition of disregards
7
1
In regulation 40 (prescribed general earnings in respect of which Class 1A contributions not payable) omit paragraph (4).
2
Omit regulation 123 (payments to mariners to be disregarded).
3
In regulation 145 (condition as to residence or presence in Great Britain or Northern Ireland) —
a
in paragraph (1) for “paragraphs (2) and (3)” substitute “paragraph (2)”; and
b
omit paragraph (3).
4
In paragraph 2 of Part 8 of Schedule 3 (travelling, relocation and other expenses and allowances of the employment) omit —
a
sub-paragraph (2)(b) and the “or” before it; and
b
sub-paragraph (6).
PART 4 Return of contributions paid in excess of maxima prescribed
Return of contributions paid in excess of maxima prescribed
8
In paragraph (6) of regulation 52A (return of contributions paid in excess of maxima prescribed in regulation 21) —
a
for “11%” in each place where it appears, substitute “12%”; and
b
for “9.4%” in each place where it appears, substitute “10.4%”.
PART 5 HM Forces
HM Forces
9
In Part 8 of Schedule 3 (travelling, relocation and other expenses and allowances to be disregarded in the calculation of employed earners’ earnings) —
a
for paragraph 12A (HM Forces’ Operational Allowance) substitute —
HM Forces’ Operational Allowance
12A
1
A payment of the Operational Allowance to members of the armed forces of the Crown.
2
The Operational Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006 .
;
b
for paragraph 12B (HM Forces’ Council Tax Relief) substitute —
HM Forces’ Council Tax Relief
12B
1
A payment of Council Tax Relief to members of the armed forces of the Crown.
2
Council Tax Relief is a payment designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.
; and
c
after that paragraph insert —
HM Forces’ Continuity of Education Allowance
12C
1
A payment of the Continuity of Education Allowance to or in respect of members of the armed forces of the Crown.
2
The Continuity of Education Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.
.
PART 6 Miscellaneous provisions
Amendment of the Social Security (Contributions) (Amendment No. 5) Regulations 2003
10
Omit paragraph (4) of regulation 6 of the Social Security (Contributions) (Amendment No. 5) Regulations 2003 .
Savings to Part 2
11
1
Nothing in Part 2 affects the operation of the Social Security (Contributions) Regulations 2001 in relation to obligations arising in connection with tax years beginning prior to 6th April 2012.
2
For the purposes of paragraph (1) the reference to section 9(3) of the Pensions Act in the definition of “COMPS employment” is to be read as though that section were still in force.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2012
The Secretary of State concurs with the making of these Regulations as indicated in the preamble
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
10th March 2012
The Department for Social Development concurs with the making of these Regulations as indicated in the preamble
Sealed with the Official Seal of the Department for Social Development on 5th March 2012
Anne McCleary
A senior officer of the Department for Social Development
5th March 2012 |
The Police Pensions (Amendment No. 3) Regulations 2012
In accordance with section 1(1) of the Act, the Treasury have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom .
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment No. 3) Regulations 2012.
2
These Regulations come into force on 1st January 2013.
3
These Regulations extend to England and Wales.
Amendment to the Police Pensions Regulations 1987
2
1
The Police Pensions Regulations 1987 are amended as follows.
2
After regulation B5 (policeman’s deferred pension) insert —
Early payment of deferred pension
B5A
1
Subject to paragraphs (2) and (3), a regular policeman who is entitled to a deferred pension payable, in accordance with regulation B5(4), upon his attaining the age of 60, may elect for immediate payment of that pension:
Provided that no payment shall be made in respect of the period before the officer concerned attains the age of 55 years.
2
An election under paragraph (1) shall be made by giving written notice to the police pension authority at least one month before the date on which the officer concerned wishes such payment to commence.
3
Unless paragraph (4) applies, payment of the pension shall be subject to an actuarial reduction calculated by the police pension authority in accordance with tables prepared by the Scheme actuary.
4
This paragraph applies where —
a
the regular policeman receives a compensation lump sum on voluntary retirement, in accordance with a determination of the Secretary of State made under regulation 14A of the Police Regulations 2003; and
b
a sum or sums equal to the value of the actuarial reduction are paid into the police pension fund in accordance with paragraphs (5) to (7) in order to buy out the actuarial reduction.
5
Should the regular policeman so elect by giving notice in writing, the police pension authority shall pay into the police pension fund the whole or any part of the compensation lump sum that would otherwise be payable to the regular policeman.
6
If the whole of the compensation lump sum is insufficient to buy out the actuarial reduction, the police pension authority may, in its discretion, pay into the police pension fund the additional amount required to do so.
7
If the police pension authority decides not to pay the additional amount required to buy out the actuarial reduction, the regular policeman may pay to the police pension authority a sum equal to that additional amount, which the police pension authority shall pay into the police pension fund.
8
Where a regular policeman who has made an election under paragraph (1) dies, any pension payable in respect of that policeman under Parts C or D shall be calculated as if no such election had been made.
.
Amendments to the Police Pensions Regulations 2006
3
The Police Pensions Regulations 2006 are amended as follows.
4
In regulation 6 (application of Regulations) —
a
in paragraph (2) —
i
in sub-paragraph (a), at the end, insert “and”;
ii
omit sub-paragraph (b);
b
in paragraph (4) —
i
in sub-paragraph (b), omit “and”;
ii
in sub-paragraph (c), at the end, insert “and”;
iii
after sub-paragraph (c) insert —
d
his election shall otherwise be cancelled in accordance with regulation 9(6), and he shall then become eligible for awards to be payable to or in respect of him under these Regulations, subject to paragraph 9 of Schedule 2.
.
5
In regulation 8 (eligibility for pension awards payable on the grounds of permanent disablement) —
a
for paragraph (1)(b) substitute —
b
a regular police officer whose election under regulation 9(1) is cancelled in accordance with regulation 9(5) or (6).
;
b
for paragraph (7)(b) substitute —
b
to whom this regulation applies by virtue of paragraph (1)(b) who was ineligible, under this regulation or regulation G7 of the 1987 Regulations , for pension awards payable on the ground of permanent disablement on the date of the election which is cancelled in accordance with regulation 9(5) or (6) of these Regulations,
;
c
at the end insert —
9
Where this regulation applies to a regular police officer by virtue of paragraph (1)(b), any fee payable in respect of an examination or report shall be paid by the regular police officer concerned.
10
Where a regular police officer to whom this regulation applies by virtue of paragraph (1)(b) wilfully or negligently fails to submit to an examination by a selected medical practitioner as set out in paragraph (2), paragraphs (3), (5), (6), (7) and (8) shall apply with the modification that the police pension authority, in making its determination under paragraph (3) or (7), shall apply such evidence and medical advice, and advice from the Scheme actuary, as it, in its discretion, thinks necessary.
11
Where a police pension authority makes a determination under paragraph (3) or (7) following a failure of a regular police officer to submit to an examination such as is mentioned in paragraph (10), and the officer subsequently submits to an examination, the authority shall re-determine the matter by applying the opinion of the selected medical practitioner as set out in the practitioner’s report and advice from the Scheme actuary, and paragraphs (4), (5), (6), (8) and (9) shall apply in relation to the re-determination as if it was made under paragraph (3) or (7).
.
6
In regulation 9 (election not to pay pension contributions) —
a
In paragraph (2), after “paragraph (3)” insert “and (3A)”;
b
after paragraph (3) insert —
3A
In the case of a regular police officer to whom paragraph (3) does not apply and who has given notice under paragraph (1) within three months of a relevant event, his election under that paragraph shall be deemed to have taken effect on the date of that event.
3B
A relevant event for the purposes of paragraph (3A) is —
a
the automatic enrolment date;
b
an automatic re-enrolment date;
c
the regular police officer exercising the right to opt in afforded by section 7 of the Pensions Act in accordance with the arrangements prescribed by the Automatic Enrolment Regulations .
;
c
in paragraph (4), after “paragraph (3)” insert “or (3A)”;
d
in paragraph (5), omit all the words after “the receipt of such notice”;
e
after paragraph (5) insert —
6
An election made by a regular police officer under paragraph (1) shall, if it has not been cancelled under paragraph (5), be cancelled on the automatic enrolment date or (if that date has passed) on the next automatic re-enrolment date, and shall cease to have effect as from the date on which an instalment of pay next falls due to him after the date of cancellation.
7
A written notice given under paragraph (1) or (5) shall be signed by the regular police officer or, where the notice is in electronic format, it shall include a statement confirming that the notice is given by the regular police officer personally.
8
In this regulation —
“automatic enrolment date” has the meaning given by section 3(7) of the Pensions Act;
“automatic re-enrolment date” means a date determined in accordance with regulation 12 of the Automatic Enrolment Regulations;
“the Automatic Enrolment Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 ;
“the Pensions Act” means the Pensions Act 2008 .
7
In Schedule 2 (application of Regulations to officers to whom regulation 6(2) and (3) applies), for paragraph 9(c) substitute —
c
to whom paragraph 3 applies and who —
i
has made an election in accordance with paragraphs 4 and 5, or
ii
has not made an election in accordance with those paragraphs or under regulation 6(8), but is entitled to reckon at least 30 years’ pensionable service under the 1987 Regulations at the date of retiring or otherwise ceasing to serve (and for this purpose account shall be taken of any pensionable service the officer would have been entitled to reckon had any transfer value not been paid under regulation F10 of the 1987 Regulations); or
.
Damian Green
Minister of State
Home Office
4th December 2012
We consent
David Evennett
Anne Milton
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2012 |
The Land Registration Fee Order 2012
Also in accordance with section 102 of that Act, the Treasury has consented to the making of this Order.
PART 1 General
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee Order 2012 and shall come into force on 22nd October 2012 .
2
In this Order —
“the Act” means the Land Registration Act 2002,
“CLRA” means the Commonhold and Leasehold Reform Act 2002 ,
“charge” includes a sub-charge,
“common parts” has the same meaning as in section 25 of the CLRA,
“a commonhold” has the same meaning as in section 1 of the CLRA,
“commonhold association” has the same meaning as in section 34 of the CLRA,
“commonhold community statement” has the same meaning as in section 31 of the CLRA,
“commonhold land” has the same meaning as in section 1 of the CLRA,
“commonhold unit” has the same meaning as in section 11 of the CLRA,
“developer” has the same meaning as in section 58 of the CLRA,
“large scale application” has the same meaning as in article 6(1)(b),
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),
“profit” means a profit a prendre in gross,
“remote terminal” means a remote terminal communicating with the registrar’s computer system in accordance with a notice given under Schedule 2 to the rules,
“the rules” means the Land Registration Rules 2003 and a rule referred to by number means the rule so numbered in the rules,
“Scale 1” means Scale 1 in Schedule 1,
“Scale 2” means Scale 2 in Schedule 2,
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,
“share” in relation to land, means an interest in that land under a trust of land,
“surrender” includes a surrender not made by deed,
“termination application” has the same meaning as in section 46 of the CLRA,
“unit-holder” has the same meaning as in section 12 of the CLRA,
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise, a profit or mines and minerals held apart from the surface) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
3
Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2 Scale fees
Applications for first registration and applications for registration of a lease
2
1
The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7, unless the application is —
a
for the registration of title to a lease by the original lessee or the original lessee’s personal representative, where paragraph (2) applies,
b
a voluntary application, where either paragraph (6) or article 6(3) applies, or
c
a large scale application, where article 6 applies.
2
The fee for an application by the original lessee or the original lessee’s personal representative for the registration of title to a lease, or for an application for the registration of the grant of a lease, is payable under Scale 1 —
a
where
i
there is no premium, and
ii
either there is no rent or the rent cannot be quantified in money at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £40,
b
where
i
there is a premium, and
ii
either there is no rent or the rent cannot be quantified in money at the time the application is made,
on the premium, or
c
in all other cases, on an amount equal to the sum of the premium (if any) and the rent,
unless either of the circumstances in paragraph (3) applies.
3
Paragraph (2) shall not apply if the application is —
a
a voluntary application, where paragraph (6) applies, or
b
a large scale application, where article 6 applies.
4
The fee for an application for the first registration of a rentcharge is £40.
5
The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
6
The fee for a voluntary application (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.
7
For the purposes of paragraph (2) —
a
a peppercorn rent or other rent having no money value is to be treated as if it were an annual rent of one penny, and
b
where the rent reserved by the lease varies or can be varied, it is to be treated as being the largest amount of annual rent the lease may reserve in the first five years of its term, or in any year where the term is less than five years.
8
In paragraph (2)
a
“lease” means —
i
a lease which grants an estate in land whether or not the grant is a registrable disposition, or
ii
a lease of a franchise, profit or manor the grant of which is a registrable disposition,
b
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,
c
“rent” means the amount or value of the annual rent, or the amount or value of the rent for the term if the lease is for a term of less than one year.
Transfers of registered estates for monetary consideration, etc.
3
1
Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
a
a transfer of a registered estate for monetary consideration,
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or
c
a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
2
Paragraph (1) shall not apply if the application is —
a
a large scale application, where article 6 applies, or
b
for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, where article 4(1)(g) applies.
3
Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
4
Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
5
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.
Transfers of registered estates otherwise than for monetary consideration, etc.
4
1
Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
a
a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies),
b
a surrender of a registered leasehold estate otherwise than for monetary consideration,
c
a transfer of a registered estate by operation of law on death or bankruptcy, of an individual proprietor,
d
an assent of a registered estate (including a vesting assent),
e
an appropriation of a registered estate,
f
a vesting order or declaration to which section 27(5) of the Act applies,
g
a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004,
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
2
Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.
Charges of registered estates or registered charges
5
1
The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraph (2), (3) or (4) applies.
2
No fee is payable for an application to register a charge lodged with or before the completion of either a scale fee application or an application to which paragraph (18) in Part 1 of Schedule 3 applies (“the primary application”) that will result in the chargor being registered as proprietor of the registered estate included in the charge unless —
a
the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or
b
the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
3
No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
4
Where a charge also includes a registered estate which is not included in the primary application (“the additional property”) any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
V a l u e o f t h e a d d i t i o n a l p r o p e r t y
V a l u e o f a l l t h e p r o p e r t y i n c l u d e d i n t h e c h a r g e
× A m o u n t s e c u r e d b y t h e c h a r g e
5
The fee for an application for the registration of —
a
a transfer of a registered charge for monetary consideration, or
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,
is payable under Scale 2 on the amount or value of the consideration.
6
The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
a
the amount secured by the registered charge at the time of the transfer, or
b
where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
7
The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
a
the proportionate part of the amount secured by the registered charge at the time of the transfer, or
b
where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
8
This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6
1
In this article —
a
“land unit” means —
i
the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or
ii
on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.
b
“large scale application” means a scale fee application which relates to 20 or more land units, other than an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application,
c
“low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.
2
Subject to paragraphs (3) and (4), the fee for a large scale application is the greater of —
a
the scale fee, and
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit, or
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500.
3
If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by 25 per cent and, where the reduced fee would be a figure which is not a multiple of ten, the fee must be reduced to the nearest £10.
4
The maximum fee payable for a large scale application for first registration is £40,000 unless the application is a voluntary application in which case the maximum fee is £30,000.
PART 3 Valuation
Valuation (first registration and registered estates)
7
1
The value of the estate in land, franchise, profit, manor or share is the maximum amount for which it could be sold in the open market free from any charge —
a
in the case of a surrender, at the date immediately before the surrender, and
b
in any other case, at the date of the application.
2
As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or the applicant’s conveyancer or by any other person who, in the registrar’s opinion, is competent to make the statement.
3
Where an application for first registration is made on —
a
the purchase of a leasehold estate by the reversioner,
b
the purchase of a reversion by the leaseholder, or
c
any other like occasion,
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8
1
On an application for registration of a charge, the amount of the charge is —
a
where the charge secures a fixed amount, that amount,
b
where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount,
c
where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged,
d
where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of —
i
the amount secured or guaranteed, and
ii
the value of the property charged, or
e
where the charge secures an obligation or liability which is contingent upon the happening of a future event (“the obligation”), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
i
the maximum amount or value of the obligation, or
ii
if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
V a l u e o f t h e r e g i s t e r e d e s t a t e o r r e g i s t e r e d c h a r g e
V a l u e o f a l l t h e p r o p e r t y c h a r g e d
× A m o u n t o f t h e c h a r g e
3
Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged.
4
Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged by that chargor.
5
In this article “value of the property charged” means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
PART 4 Fixed Fees and Exemptions
Fixed fees
9
1
Subject to paragraph (2) and to article 10, the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
Where an application is one specified in paragraphs (1), (2) or (10) in Part 1 of Schedule 3 affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land registered in the name of the developer under more than one title number, the fee is to be assessed as if the application affects only one title.
Exemptions
10
No fee is payable for any of the applications and services specified in Schedule 4.
PART 5 General and Administrative Provisions
Cost of surveys, advertisements and special enquiries
11
The applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
12
The fee payable for an application in respect of which no other fee is payable under this Order shall be £40.
Method of payment
13
1
Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to Land Registry.
2
Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the land registry as the registrar may from time to time direct.
3
Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
4
Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £40 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
5
Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
14
1
Any person may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
2
To enable the registrar to consider whether or not a person applying to use a credit account may be so authorised, that person shall supply the registrar with such information and evidence as the registrar may require in order to be satisfied of that person’s fitness to hold a credit account and the ability of that person to pay any amounts which may become due from time to time under a credit account.
3
To enable the registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall supply the registrar, when requested to do so, with such information and evidence as the registrar may require in order to be satisfied of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
4
Where an account holder makes an application where credit facilities are available to the account holder, the account holder may make a request, in such manner as the registrar directs, for the appropriate fee to be debited to the account holder’s credit account, but the registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
5
Where an account holder makes an application where credit facilities are available to the account holder, and the application is accompanied neither by a fee nor a request for the fee to be debited to the account holder’s account, the registrar may debit the fee to the account holder’s account.
6
The registrar shall send a statement of account to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
7
The account holder must pay any sums due on the account holder’s credit account before the date and in the manner specified by the registrar.
8
The registrar may at any time terminate or suspend any or all authorisations given under paragraph (1).
9
In this article —
a
“account holder” means a person holding a credit account,
b
“credit account” means an account authorised by the registrar under paragraph (1),
c
“credit limit” in relation to a credit account authorised for use under paragraph (1) means the maximum amount (if any) which is to be due on the account at any time, as notified by the registrar to the account holder from time to time, by means of such communication as the registrar considers appropriate.
Revocation
15
The Land Registration Fee Order 2009 is revoked.
Signed by the authority of the Secretary of State
Norman Lamb
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs
Department of Business, Innovation and Skills
18th July 2012
We consent
Angela Watkinson
Brooks Newmark
Two of the Lord Commissioners of Her Majesty’s Treasury
24th July 2012
SCHEDULE 1
SCALE 1
Articles 2 & 3
NOTE 1: Where the amount or value is a figure which includes pence, it must be rounded down to the nearest £1.
NOTE 2: The third column, which sets out the reduced fee payable where article 2(6) (voluntary registration: reduced fees) applies, is not part of the scale.
Amount or value
£
Fee
£
Reduced fee where article 2(6) (voluntary registration: reduced fees) applies
£
0–50,000
50,001–80,000
80,001–100,000
100,001–200,000
200,001–500,000
500,001–1,000,000
1,000,001 and over
40
70
120
190
270
540
910
30
50
90
140
200
400
680
SCHEDULE 2
SCALE 2
Articles 4 & 5
NOTE: Where the amount or value is a figure which includes pence, it must be rounded down to the nearest £1.
Amount or value
£
Fee
£
0–100,000
100,001–200,000
200,001–500,000
500,001–1,000,000
1,000,001 and over
40
60
80
120
250
SCHEDULE 3
Articles 9 & 13
PART 1 FIXED FEE APPLICATIONS
Fee
1
To register:
a standard form of restriction contained in Schedule 4 to the rules, or
a notice (other than a notice to which section 117(2)(b) of the Act applies),
a new or additional beneficiary of a unilateral notice,
an obligation to make further advances under rule 108, or
an agreement of a maximum amount of security under rule 109
- total fee for up to three registered titles affected..…………………………………. £40 - additional fee for each subsequent registered title affected....................................... £20 Provided that no such fee is payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application which attracts a fee under this paragraph.
2
To register a restriction in a form not contained in Schedule 4 to the rules – for each registered title………………………………………………………………………..
£90
3
To register a caution against first registration (other than a caution to which section 117(2)(a) of the Act applies) ……………………………………………………..
£40
4
To alter the cautions register – for each individual caution register ……………….
£40
5
To close or partly close a registered leasehold or a registered rentcharge title other than on surrender – for each registered title closed or partly closed ……………………..
£40 Provided that no such fee is payable if the application is accompanied by a scale fee application.
6
To upgrade from one class of registered title to another …………………………...
£40 Provided that no such fee is payable if the application for upgrading is accompanied by a scale fee application.
7
To cancel an entry in the register of notice of an unregistered rentcharge which has determined – for each registered title affected …………………………………………...
£40 Provided that no such fee is payable if the application is accompanied by a scale fee application.
8
To enter or remove a record of a defect in title pursuant to section 64(1) of the Act
£40 Provided that no such fee is payable if the application is accompanied by a scale fee application.
9
An outline application made under rule 54:
where delivered from a remote terminal…..…………………………….………
£2
where delivered by any other permitted means ..…………………….…………
£5 Such fee is payable in addition to any other fee which is payable in respect of the
application.
10
For an order in respect of a restriction under section 41(2) of the Act – for each registered title affected …………………………………………………...………………
£40
11
To register a person in adverse possession of a registered estate – for each registered title affected ……………………………………………………….…………..
£130
12
For registration as a person entitled to be notified of an application for adverse possession – for each registered title affected ……………………………………………
£40
13
For the determination of the exact line of a boundary under rule 118 – for each application ………………………………………………………………………………..
£90
14
To alter the register – for each application ………………..………………...…….
£40
15
To register a freehold estate in land as a freehold estate in commonhold land which is not accompanied by a statement under section 9(1)(b) of the CLRA:
up to 20 commonhold units …………………………………………………….
£40
for every 20 commonhold units, or up to 20 commonhold units, thereafter…….
£10
16
To add land to a commonhold:
adding land to the common parts title …………………………………………..
£40
adding land to a commonhold unit ……………………………………………...
£40
adding commonhold units
– up to 20 commonhold units ………………………………………………….......... £40 – for every 20 commonhold units, or up to 20 commonhold units, thereafter………. £10
17
To apply for a freehold estate in land to cease to be registered as a freehold estate in commonhold land during the transitional period, as defined in the CLRA……………
£40
18
To register a freehold estate in land as a freehold estate in commonhold land, which is accompanied by a statement under section 9(1)(b) of the CLRA
– for each commonhold unit converted ………..……...………………………..…… £40
19
To register an amended commonhold community statement which changes the extent of the common parts or any commonhold unit:
for the common parts ……..……………………………………………….……
£40
for up to three commonhold units ………………………………………....……
£40
for each subsequent commonhold unit ………………………..……………..….
£20 Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part.
20
To register an amended commonhold community statement, which does not change the extent of a registered title within the commonhold……………………….…..
£40 Provided that no such fee shall be payable if, in relation to each registered title affected, the application is accompanied by a scale fee application or another application that attracts a fee under this Part.
21
To register an alteration to the Memorandum or Articles of Association of a commonhold association ………………………………………...…………………….…
£40
22
To make a termination application
– for each registered title affected .……………………………………………..…… £40
23
To note the surrender of a development right under section 58 of the CLRA.........
£40
PART 2 SERVICES – INSPECTION AND COPYING
NOTE: In this Part “lease” means a lease or a copy of a lease.
1
Inspection, from a remote terminal:
for each individual register ...…………………………………………………...
£3
for each title plan ………………………………………………………………..
£3
for any or all of the documents (other than leases) referred to in an individual register – for each registered title ……………………………………………….
£5
for each lease kept by the registrar which is referred to in an individual register or which relates to an application to the registrar…….…………………………
£11
for the individual register and title plan of a commonhold common parts title – for each registered title…………………………………………………………..
£3
for each individual caution register …………………………………………….
£3
for each caution plan ……………………………………………………………
£3
for any other document kept by the registrar which relates to an application to the registrar - for each document …………………..…………………………
£5
2
Inspection (otherwise than under paragraph (1)):
for each individual register ……………………………………………………
£7
for each title plan ………………………………………………………………
£7
for any or all of the documents (other than leases) referred to in an individual register – for each registered title ……………………………………………….
£11
for each lease kept by the registrar which is referred to in an individual register or which relates to an application to the registrar…..…………………………
£23
for the individual register and title plan of a commonhold common parts title – for each registered title…………………………………………………………..
£7
for each individual caution register ……………………………………………..
£7
for each caution plan ……………………………………………………………
£7
for any other document kept by the registrar which relates to an application to the registrar – for each document ………………………………………………
£11
3
Official copy in respect of a registered title:
for each individual register
where an official copy in electronic form is requested from a remote terminal …………………………………………………………………….
£3
where an official copy in paper form is requested by any permitted means..
£7
for each title plan
where an official copy in electronic form is requested from a remote terminal……………………………………………………………………..
£3
where an official copy in paper form is requested by any permitted means..
£7
for each commonhold common parts individual register and title plan
where an official copy in electronic form is requested from a remote terminal……………………………………………………………………..
£3
where an official copy in paper form is requested by any permitted means..
£7
4
Official copy in respect of the cautions register
for each individual caution register
where an official copy in electronic form is requested from a remote terminal……………………………………………………………………..
£3
where an official copy in paper form is requested by any permitted means..
£7
for each caution plan
where an official copy in electronic form is requested from a remote terminal……………………………………………………………………..
£3
where an official copy in paper form is requested by any permitted means..
£7
5
Official copy of any or all of the documents (other than a lease) referred to in an individual register – for each registered title
where an official copy in electronic form is requested from a remote terminal...
£5
where an official copy in paper form is requested by any permitted means ……
£11
6
Official copy of a lease kept by the registrar which is referred to in an individual register or which relates to an application to the registrar – for each lease
where an official copy in electronic form is requested from a remote terminal and a copy of the lease is held in electronic form by the registrar………………
£11
where an official copy in electronic form is requested from a remote terminal and a copy of the lease is not held in electronic form by the registrar……..……
£23
where an official copy in paper form is requested by any permitted means…….
£23
7
Official copy of any other document kept by the registrar which relates to an application to the registrar – for each document
where an official copy in electronic form is requested from a remote terminal and a copy of the document is held in electronic form by the registrar…………
£5
where an official copy in electronic form is requested from a remote terminal and a copy of the document is not held in electronic form by the registrar……..
£11
where an official copy in paper form is requested by any permitted means ……
£11
8
Copy of an historical edition
a
of an individual register of a registered title, where a copy is requested from a remote terminal – for each title…………………………………………………
£5
of a registered title or part of the edition of a registered title, where a copy is requested by any other permitted means – for each title ………………………..
£9
PART 3 SERVICES - SEARCHES
1
An official search of an individual register or of a pending first registration application made to the registrar from a remote terminal – for each title ………………..
£3
2
An official search of an individual register by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996 made to the registrar from a remote terminal……………………………………………………………………………………
£3
3
An official search of an individual register or of a pending first registration application other than as described in paragraphs (1) and (2) – for each title ……………
£7
4
The issue of a certificate of inspection of a title plan ………………………………
£7
5
An official search of the index map
where no or not more than five registered titles are disclosed…………………..
£4
where more than five registered titles are disclosed
for the first five titles……………………………………………………..
£4
for every ten titles, or up to ten titles, thereafter…………………………
£2
6
Search of the index of proprietors’ names – for each name………………………..
£11
7
An official search of the index of relating franchises and manors – for each administrative area
where the application is made from a remote terminal ………………………...
£3
where the application is made by any other permitted means…………………..
£7
PART 4 SERVICES – OTHER INFORMATION
1
Application for return of a document under rule 204………………………………
£9
2
Application that the registrar designate a document an exempt information document………………………………………………………………………………….
£25
SCHEDULE 4
EXEMPTIONS
Article 10
No fee is payable for:
1
reflecting a change in the name, address or description of a registered proprietor or other person referred to in the register, or in the cautions register, or changing the description of a property,
2
giving effect in the register to a change of proprietor where the registered estate or the registered charge, as the case may be, has become vested without further assurance (other than on the death or bankruptcy of a proprietor) in some person by the operation of any statute (other than the Act), statutory instrument or scheme taking effect under any statute or statutory instrument,
3
registering the surrender of a registered leasehold estate where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor of substantially the same premises as were comprised in the surrendered lease and where a scale fee is paid for the registration of the new lease,
4
registering a discharge of a registered charge,
5
registering a home rights notice, or renewal of such a notice, or renewal of a home rights caution under the Family Law Act 1996,
6
entering in the register the death of a joint proprietor,
7
cancelling the registration of a notice (other than a notice in respect of an unregistered lease or unregistered rentcharge), caution against first registration, caution against dealings, including a withdrawal of a notice of deposit or intended deposit, inhibition, restriction, or note,
8
the removal of the designation of a document as an exempt information document,
9
approving an estate layout plan or any draft document with or without a plan,
10
an order by the registrar (other than an order under section 41(2) of the Act),
11
deregistering a manor,
12
an entry in the register of a note of the dissolution of a corporation,
13
registering a restriction in Form A in Schedule 4 to the rules,
14
an application for day list information on any one occasion from a remote terminal,
15
an application made on or before 12 October 2013 to lodge a caution against first registration or to make a register entry where in either case the application relates to rights in respect of the repair of a church chancel. |
The Education (School Teachers’ Prescribed Qualifications, etc) (Amendment) Order 2012
In accordance with section 126 of the Act the Secretary of State has consulted such of the persons and bodies referred to in that section as appeared to him to be appropriate.
Citation and commencement
1
This Order may be cited as the Education (School Teachers’ Prescribed Qualifications, etc) (Amendment) Order 2012 and comes into force on 1st April 2012.
Amendments to the Education (School Teachers’ Prescribed Qualifications, etc) Order 2003
2
The Education (School Teachers’ Prescribed Qualifications, etc) Order 2003 is amended as follows.
3
In article 3, in the definition of “accredited institution”, for “Training and Development Agency for Schools” substitute “Secretary of State”.
4
In article 7(1)(b) for “been awarded qualified teacher status by the General Teaching Council for England in accordance with regulation 10 of those Regulations” substitute “qualified teacher status ”.
5
For article 7(2)(b) substitute —
b
the “teacher trainee skills tests” means the literacy and numeracy teacher trainee skills tests administered by the Secretary of State
.
Nick Gibb
Minister of State
Department for Education
5th March 2012 |