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The Social Security (Lone Parents and Miscellaneous Amendments) 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, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2012.
2
These Regulations come into force on 21st May 2012.
3
Paragraph (2) is subject to the provisions in the Schedule.
4
In these Regulations —
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 ;
“the Jobcentre Plus Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ; and
“lone parent” has the same meaning as in regulation 2(1) of the Income Support Regulations.
Amendment of the Income Support Regulations
2
1
Schedule 1B (prescribed categories of person) to the Income Support Regulations is amended as follows.
2
For paragraph 1, substitute —
Lone Parents
1
1
A lone parent who is responsible for, and a member of the same household as —
a
a single child aged under 5, or
b
more than one child where the youngest is aged under 5.
2
A lone parent who is under the age of 18.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
After regulation 17A (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course) , insert —
Further circumstances in which a person is to be treated as available: lone parents with children aged 5 not in full-time education
17B
A lone parent shall be treated as available for employment in any week where —
a
the lone parent is responsible for, and a member of the same household as, a child who is aged 5;
b
the child —
i
is nor receiving full-time education by regular attendance at school or otherwise; and
ii
is not required by law to receive full-time education; and
c
it would be unreasonable for the lone parent to make other arrangements for the care of that child.
3
After regulation 21A (further circumstances in which a qualifying person is to be treated as actively seeking employment; full-time students participating in a qualifying course) , insert —
Further circumstances in which a person is to be treated as actively seeking employment: lone parents with children aged 5 not in full-time education
21B
A lone parent who is treated for any period as being available for employment under regulation 17B shall be treated as actively seeking employment for the same period
.
Amendment of the Lone Parents Regulations
4
1
The Lone Parents Regulations are amended as follows.
2
In regulation 2ZA(1)(c) (requirement for certain lone parents to take part in an interview) , for “4,5 or 6” in both places, substitute “4”.
Amendment of the Jobcentre Plus Regulations
5
1
The Jobcentre Plus Regulations are amended as follows.
2
In regulation 4A(1)(c) (requirement for certain lone parents to take part in an interview) , for “4,5 or 6” in both places, substitute “4”.
Amendment of the Employment and Support Allowance Regulations 2008
6
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 7(1)(c)(iii) (circumstances where the condition that the assessment phase has ended before entitlement to the work-related activity component or support component arises does not apply) , for “2008”, substitute “2012 ”.
Savings and transitional provisions applicable to certain lone parents following a full-time course
7
1
This regulation applies to a lone parent if the following conditions are met.
2
The first condition is that —
a
immediately before the specified day the lone parent was entitled to income support and fell within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations;
b
no other paragraph of Schedule 1B applies to the lone parent; and
c
on and after the specified day, the lone parent is responsible for and a member of the same household as —
i
a single child aged 5 or over, or
ii
more than one child where the youngest child is aged 5 or over.
3
The second condition is that immediately before the specified day, and on and after that day, the lone parent is also —
a
a full-time student attending or undertaking a full-time course of advanced education, a full-time course of study or a sandwich course, or
b
following a full-time course of training or instruction provided pursuant to arrangements made by the Secretary of State or pursuant to a scheme which has been approved by the Secretary of State as supporting the objectives set out in section 2 of the Employment and Training Act 1973 .
4
This regulation does not apply, or (as the case may be) it ceases to apply, to a lone parent if the lone parent makes a further claim for income support on or after the specified day.
5
Where this regulation applies to a lone parent —
a
paragraph 1 of Schedule 1B to the Income Support Regulations as in force in relation to the lone parent at the beginning of the period of study referred to in paragraph (3)(a) shall continue to have effect in relation to the lone parent for so long as the lone parent remains a full-time student;
b
paragraph 1 of Schedule 1B to the Income Support Regulations as in force at the beginning of the particular course of training or instruction referred to in paragraph (3)(b) shall continue to have effect in relation to the lone parent for so long as the lone parent is following that full-time course; and
c
any requirement to take part in a work-focused interview every 13 weeks in accordance with regulation 2ZA of the Lone Parents Regulations or regulation 4A of the Jobcentre Plus Regulations shall continue to apply in relation to the lone parent at a time when, apart form this paragraph, the requirement would cease to apply because the lone parent’s child’s or youngest child’s, age exceeds the age specified in those regulations.
6
For the purposes of this regulation —
“full-time course of advanced education”, “full-time course of study” and “sandwich course” have the same meaning as in regulation 61 of the Income Support Regulations;
“full-time student” and “period of study” have the same meaning as in regulation 2(1) of the Income Support Regulations;
“specified day” means 21st May 2012.
Signed by authority of the Secretary of State for Work and Pensions
Maria Miller
Parliamentary Under Secretary of State
Department for Work and Pensions
20th March 2012
SCHEDULE
Special Commencement Provisions for Certain Existing Claimants
Regulation 1(3)
Application and interpretation
1
1
A lone parent falls within this Schedule if —
a
the lone parent has attained the age of 18;
b
the lone parent was entitled to income support on grounds of falling within paragraph 1 (lone parents) of Schedule 1B (prescribed categories of person) to the Income Support Regulations immediately before the commencement day;
c
no other paragraph of Schedule 1B applies to the lone parent: and
d
on the commencement day, the lone parent is responsible for and a member of the same household as —
i
a single child who is aged 5 or 6 or who will attain the age of 5 before 19th November 2012; or
ii
more than one child where the youngest child is aged 5 or 6 or will attain the age of 5 before 19th November 2012.
2
A lone parent does not fall within this Schedule if on or after the commencement day —
a
the lone parent makes a further claim for income support; or
b
regulation 7 applies to the lone parent.
3
In this Schedule —
“benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations ;
“child” means a person aged under 16;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002 ;
“commencement day” means 21st May 2012;
“voluntary interview appointment” means an appointment for a lone parent who falls within this Schedule to attend an interview voluntarily for the purpose of discussing the changes to income support entitlement for lone parents which are made by these Regulations; and
“work-focused interview” means a work-focused interview conducted in accordance with regulations made under section 2A(1) of the Social Security Administration Act 1992 .
Lone Parent responsible for a child who has attained the age of 6 before 21st May 2012
2
1
This paragraph applies to lone parent who falls within this Schedule if, before the commencement day, the lone parent is responsible for and a member of the same household as —
a
a single child who has attained the age of 6; or
b
more than one child, the youngest of whom has attained the age of 6.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 21st May 2012.
Lone parent responsible for a child who will attain the age of 6 after 20th May 2012 and before 20th August 2012
3
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as —
a
a single child who will attain the age of 6 after 20th May 2012 and before 20th August 2012; or
b
more than one child, the youngest of whom will attain the age of 6 after 20th May 2012 and before 20th August 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 6.
Lone Parent responsible for a child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012
4
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement date, the lone parent is responsible for and a member of the same household as —
a
a single child who attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012; or
b
more than one child, the youngest of whom attained the age of 5 after 19th August 2011 or will attain the age of 5 before 20th August 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies on the first day of the first benefit week in which a requirement to take part in a work-focused interview would, apart from these Regulations, next have arisen in relation to the lone parent on or after 20th August 2012.
Lone Parent responsible for child who will attain the age of 5 after 19th August 2012 and before 19th November 2012
5
1
This paragraph applies to a lone parent who falls within this Schedule if, on the commencement day, the lone parent is responsible for and a member of the same household as —
a
a single child who will attain the age of 5 after 19th August 2012 and before 19th November 2012; or
b
more than one child, the youngest of whom will attain the age of 5 after 19th August 2012 and before 19th November 2012.
2
Subject to paragraphs 6 and 7, regulations 2, 4 and 5 come into force in relation to a lone parent to whom this paragraph applies at the end of the last day of the benefit week in which the child in question attains the age of 5.
Circumstances where the Secretary of State is not satisfied that a decision has been made in relation to the lone parent’s claim for child tax credit at the time of the voluntary interview appointment
6
1
Where subparagraph (2) applies, regulation 2 comes into force in relation to a lone parent at the end of the period of 4 weeks beginning with the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”).
2
This paragraph applies where —
a
a lone parent to whom this Schedule applies has been invited in writing by the Secretary of State to attend a voluntary interview appointment on a date during the two month period before the relevant day;
b
at the time of the voluntary interview appointment, the lone parent has claimed, or is treated as having made a claim for, child tax credit; and
c
the Secretary of State is not satisfied that a decision has been made in relation to that claim at the time of the voluntary interview appointment.
Lone parents not invited to a voluntary interview during the two month period before the relevant day
7
Where a lone parent to whom this Schedule applies has not been invited in writing, before the day mentioned in sub-paragraph (2) of paragraphs 2, 3, 4 or 5, as would be applicable to the lone parent apart from this paragraph (“the relevant day”), to attend a voluntary interview appointment regulations 2, 4 and 5 come into force in relation to the lone parent at the end of a period of 6 weeks beginning with the date on which the Secretary of State invites the lone parent in writing to attend a voluntary interview appointment. |
The Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012
The Secretary of State, in exercise of the powers conferred by sections 116(1) and 120(1) of the Protection of Freedoms Act 2012 , makes the following Order.
Citation and interpretation
1
1
This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012.
2
In this Order “ the Act ” means the Protection of Freedoms Act 2012.
Provisions coming into force on 10th September 2012
2
The following provisions of the Act shall come into force on 10th September 2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 —
a
section 64 (restriction of scope of regulated activities: children);
b
section 65 (restriction of definition of vulnerable adults);
c
section 66 (restriction of scope of regulated activities: vulnerable adults);
d
section 67 (alteration of test for barring decisions);
e
section 68 (abolition of controlled activity);
f
section 69 (abolition of monitoring);
g
section 70 (information for purposes of making barring decisions);
h
section 71 (review of barring decisions);
i
section 72(4) to (6) (information about barring decisions);
j
section 75(1) and (2) (professional bodies);
k
section 75(3) (professional bodies) insofar as it substitutes section 43(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups Act 2006 ;
l
section 75(4) to (6) (professional bodies);
m
section 76(1), (2), (3)(f), (4)(f) and (5) (supervisory authorities);
n
section 77 (minor amendments);
o
section 78 (corresponding amendments in relation to Northern Ireland) insofar as it relates to the paragraphs of Schedule 7 specified in paragraph (z) below;
p
section 79(1) (restriction on information provided to certain persons);
q
section 79(2)(b) (restriction on information provided to certain persons) insofar as it omits section 113B(5) and section 113B(6)(b) of the Police Act 1997 ;
r
section 79(3) (restriction on information provided to certain persons) insofar as it inserts section 120AC into the Police Act 1997;
s
section 80 (minimum age for applications for certificates or to be registered);
t
section 81 (additional grounds for refusing an application to be registered);
u
section 82 (enhanced criminal record certificates: additional safeguards);
v
section 84 (criminal conviction certificates: conditional cautions);
w
section 86 (out of date references to certificates of criminal records);
x
section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the paragraphs of Schedule 9 specified in paragraph (aa) below;
y
section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the paragraphs of Schedule 10 specified in paragraphs (bb) and (cc) below;
z
the following paragraphs of Schedule 7 —
i
paragraphs 1 to 8;
ii
paragraph 9(4) to (6);
iii
paragraph 12(1);
iv
paragraph 12 (2) insofar as it substitutes Article 45(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ;
v
paragraph 12(3) and (4);
vi
paragraph 13(1), (2), (3)(g), (4)(g) and (5);
vii
paragraph 14;
aa
the following paragraphs of Schedule 9 —
i
paragraphs 35 to 42
ii
paragraph 43 to 67;
iii
paragraph 68(1), (2), (3), (4)(a) and (c) to (g);
iv
paragraph 69 to 74;
v
paragraph 75 to 103;
vi
paragraph 104 to 107;
vii
paragraph 109(1), (2)(b) and (4);
viii
paragraph 110(1) and (3);
ix
paragraph 111(1), (2), (3), (5) and (6);
x
paragraphs 112 and 115;
xi
paragraph 116(1) and (3);
xii
paragraph 117;
xiii
paragraph 118 insofar as the insertion it makes in section 126(1) of the Police Act 1997 has effect in relation to paragraph (c) of the definition of “certificate”;
xiv
paragraph 129;
bb
Part 5 of Schedule 10 except for the repeal of article 29 of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 ;
cc
Part 6 of Schedule 10 except for the repeals of sections 113A(4), 113B(6)(a) and 122(3A)(a) and the words “or registered person” in 124A(1)(c) of the Police Act 1997.
Provisions coming into force on 1st October 2012
3
The day appointed for the coming into force of the following provisions of the Act is 1st October 2012:
a
section 20(1), (10) and (11) (appointment and functions of Commissioner);
b
section 22 (guidance on making national security determinations);
c
section 92 (power of Secretary of State to disregard convictions or cautions);
d
section 93 (applications to the Secretary of State);
e
section 94 (procedure for decisions by the Secretary of State);
f
section 95 (effect of disregard on police and other records);
g
section 96 (effect of disregard for disclosure and other purposes);
h
section 97 (saving for Royal pardons etc. );
i
section 98 (section 96: supplementary);
j
section 99 (appeal against refusal to disregard convictions or cautions);
k
section 100 (advisors);
l
section 101 (interpretation: Chapter 4);
m
section 114 (removal of restrictions on time for marriage or civil partnership);
n
section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (o) below;
o
Part 9 of Schedule 9.
Transitional provisions
4
1
The commencement of sections 64 and 66 of the Act shall have effect in relation to applications to which paragraph (2) applies only in respect of applications received by the Secretary of State on or after 10th September 2012.
2
This paragraph applies to applications for a certificate made under section 113B of the Police Act 1997 which, by virtue of section 113BA or section 113BB of that Act , will include suitability information relating to children or suitability information relating to vulnerable adults.
5
The commencement of section 80 of the Act shall have effect, in relation to applications made under sections 113A, 113B, 114 and 116 of the Police Act 1997 , only in respect of applications received by the Secretary of State on or after 10th September 2012.
6
In articles 8, 10, 12, 14 and 15 —
“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 2007 Order ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“ ISA ” means the Independent Safeguarding Authority.
7
Articles 8 to 10 apply from 10th September 2012.
8
1
Any person who is on the children’s barred list or the adults’ barred list (within the meaning of section 2 of the 2006 Act or Article 6 of the 2007 Order), at the time that section 67 of, and paragraph 4 of Schedule 7 to, the Act comes into force, may apply to ISA for a review of their inclusion in the children’s barred list or the adults’ barred list (as the case may) in the circumstances set out in paragraph (2).
2
The circumstances are that the person considers that ISA would not, if it were now considering whether to bar that person under paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 3 to the 2006 Act or paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 1 to 2007 Order, as amended by section 67(2) to (4) and (6) to (8) of, and paragraph 4(2) to (4) and (6) to (8) of Schedule 7 to, the Act, have reason to believe that the person is or has been or might in future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).
9
On receiving an application under article 8, ISA must remove the person from the children’s barred list or the adults’ barred list (as the case may be) if it does not have reason to believe that the person has been engaged, or, on the date on which they were barred, might in the future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).
10
Section 4 of the 2006 Act and Article 8 of the 2007 Order apply to any decision of ISA not to remove a person from the children’s barred list or the adults’ barred list (as the case may be) under article 10 of this Order.
11
Article 12 applies from 10th September 2012 until 1st December 2012.
12
The Secretary of State may provide to ISA any information she holds in order to enable ISA to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 3 to the 2006 Act applies or appears to apply.
13
Article 14 applies from 10th September 2012 until 31st March 2014.
14
The Department of Justice in Northern Ireland may provide to ISA any information it holds in order to enable ISA to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the 2007 Order applies or appears to apply.
15
Article 16 applies from 10th September 2012 until such time as section 72(1) of the Act is brought into force for the purposes of inserting section 30A into the 2006 Act.
16
ISA may use any information it holds to check whether any of its members or employees, or prospective members or employees, are on the children’s barred list or the adults’ barred list or both.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
28th August 2012 |
The Double Taxation Relief and International Tax Enforcement (Bahrain) Order 2012
Accordingly Her Majesty, in exercise of the powers conferred upon Her by section 2 of the Taxation (International and Other Provisions) Act 2010 and section 173(1) to (3) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows —
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Bahrain) Order 2012.
Double taxation and international tax enforcement agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Kingdom of Bahrain;
b
the agreement has been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Kingdom of Bahrain and for the purpose of assisting international tax enforcement; and
c
it is expedient that the agreement should have effect.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE
Article 2 |
The National Health Service (Pharmaceutical Services) Regulations 2012 (Amendment) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 126, 129, 130, 132 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 (Pharmaceutical Services) Regulations 2012 (Amendment) Regulations 2012 and come into force on 1st November 2012.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2012
2
1
The National Health Service (Pharmaceutical Services) Regulations 2012 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “directed services” insert the following definition —
“director” includes a member of a limited liability partnership;
.
3
In paragraph 30 of Schedule 2 (applications in respect of pharmaceutical lists and the procedures to be followed – third party rights of appeal to the Secretary of State where an application is granted) —
a
In sub-paragraph (3)(a) —
i
omit “or” at the end of sub-paragraph (i),
ii
insert “or” at the end of sub-paragraph (ii), and
iii
after sub-paragraph (ii) insert the following sub-paragraphs —
iii
an LPS chemist, or
iv
either —
aa
a provider of primary medical services, or
bb
another person on its dispensing doctor list if it has one (P1 being a performer but not a provider of primary medical services),
but only if the application is in respect of premises in a controlled locality and it was granted partly on the basis that, having regard to regulation 44(3), in the opinion of the Primary Care Trust granting the application would not prejudice the proper provision of relevant NHS services in its area or in the area of a neighbouring Primary Care Trust,
; and
b
After sub-paragraph (6) insert the following sub-paragraph —
7
If P1 is a person to whom sub-paragraph (3)(a)(iii) or (iv) applies, P1 is treated as having complied with sub-paragraph (3)(b) and (c), if the Primary Care Trust gave notice under paragraph 19 of the application to which D2 relates before 1st November 2012, regardless of —
a
whether or not P1 did make representations about the application; and
b
what any representations that P1 did make included.
.
4
In paragraph 6(3)(b) of Schedule 6 (terms of service of dispensing doctors – refusal to provide drugs or appliances ordered), after “relates has” insert “not”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
12th September 2012 |
The Postal Services Act 2011 (Specified Day) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 25 of the Postal Services Act 2011 .
Citation and commencement
1
This Order may be cited as the Postal Services Act 2011 (Specified Day) Order 2012.
2
The day specified for the provisions listed in article 3 to come into force is 1st April 2012.
3
The provisions are —
a
articles 2 to 12 of the Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012 ; and
b
articles 1(3) and 2 to 9 of the Postal Services Act 2011 (Transfer of Assets) Order 2012 .
Norman Lamb
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
27th March 2012 |
The Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 8B(5) of the Immigration Act 1971 .
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2012 and shall come into force on 17th August 2012.
2
1
Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 is amended as follows.
2
After “Council Implementing Decision 2012/334/ CFSP of 25 June 2012 (Afghanistan)” insert “and as implemented by Council Implementing Decision 2012/393/CFSP of 16 July 2012 (Afghanistan) and as implemented by Council Implementing Decision 2012/454/CFSP of 1 August 2012 (Afghanistan) ”.
3
After “Council Decision 2012/205/CFSP of 23 April 2012 (Iran)” insert “and as amended by Council Decision 2012/457/CFSP of 2 August 2012 (Iran) ”.
4
After “Council Decision 2011/635/CFSP of 26 September 2011 (Somalia)” insert “and as amended by Council Decision 2012/388/CFSP of 16 July 2012 (Somalia) ”.
5
After “Council Implementing Decision 2012/335/CFSP of 25 June 2012 (Syria)” insert “and as implemented by Council Implementing Decision 2012/424/CFSP of 23 July 2012 (Syria) ”.
Damian Green
Minister of State
Home Office
13th August 2012 |
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by paragraph 4(5) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 .
Citation and Commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012 and shall come into force on 11th April 2012.
Increase in earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for “£205” substitute “£215”; and
b
in paragraph (b), for “£27” substitute “£28”, and for “£205” substitute “£215”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
14th March 2012 |
The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 209(1)(c) and (5) and 236(5) of the Employment Rights Act 1996, makes the following Order:
Citation and commencement
1
This Order may be cited as the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 and comes into force on 6th April 2012.
Qualifying period for right to written statement of reasons for dismissal
2
In section 92(3) of the Employment Rights Act 1996 for “one year” substitute “two years”.
Qualifying period for right to claim unfair dismissal
3
In subsections (1) and (2) of section 108 of the Employment Rights Act 1996 for “one year” substitute “two years”.
Transitional provision
4
Articles 2, 3 and 5 do not have effect in any case where the period of continuous employment begins before 6th April 2012.
Revocation
5
The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 1999 is revoked.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
30th March 2012 |
The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2012
A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 25(10)(c) of that Act.
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2012 and comes into force on the day after the day on which it is made.
Audit of bodies by the Comptroller and Auditor General
2
The accounts of the following bodies shall be audited by the Comptroller and Auditor General —
a
the Horserace Betting Levy Board , in relation to levy periods ending on or after 31st March 2013;
b
the probation trusts specified in the Schedule to this Order , in relation to financial years ending on or after 31st March 2013.
Horserace Betting Levy Board
3
1
In respect of the Horserace Betting Levy Board, the reference in section 31(1) of the Betting, Gaming and Lotteries Act 1963 to audit of the accounts of the Levy Board by qualified accountants appointed for that purpose by the Board shall be read as a reference to audit of those accounts by the Comptroller and Auditor General.
2
Accordingly, the Comptroller and Auditor General shall —
a
examine, certify and report on the Levy Board’s statements of account in respect of each levy period; and
b
send a copy of the statements with the report to the Levy Board.
3
In this article, “levy period” is to be construed in accordance with section 27(1) of the Betting, Gaming and Lotteries Act 1963.
4
This article has effect only in relation to statements of accounts for levy periods ending on or after 31st March 2013.
Probation trusts
4
1
In the Audit Commission Act 1998 omit —
a
paragraph (fa) of section 11(2) ; and
b
paragraph (q) of paragraph 1 of Schedule 2 .
2
For sub-paragraph (2) of paragraph 13 of Schedule 1 to the Offender Management Act 2007 substitute —
2
A probation trust (other than a Welsh probation trust) must send a copy of each statement of accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which the accounts relate.
2A
The Comptroller and Auditor General must —
a
examine, certify and report on each statement received under sub-paragraph (2); and
b
send a copy of each report and certified statement to the Secretary of State.
2B
The Secretary of State must lay before Parliament a copy of each report and certified statement sent under sub-paragraph (2A)(b).
.
3
Omit paragraph 13(4) of Schedule 1 to the Offender Management Act 2007.
4
In regulation 2(1) of the Accounts and Audit (England) Regulations 2011 , in the definition of “relevant body” for the words “, a local probation board or a probation trust” substitute the words “or a local probation board”.
5
The amendments and repeals made by this article have effect only in relation to statements of accounts for financial years ending on or after 31st March 2013.
Non-profit-making companies
5
In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009 , insert the following entries at the appropriate places in the table —
Company name Date Company number
High Speed Two (HS2) Limited 1 April 2011 06791686 The National Museum of the Royal Navy 1 April 2011 06699696 United Kingdom Anti-Doping Limited 1 April 2011 06990867
Bodies no longer subject to audit by Comptroller and Auditor General
6
1
In article 3 of, and the Schedule to, the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 omit the following entries —
Fleet Air Arm Museum
Royal Marines Museum
Royal Naval Museum
Royal Naval Submarine Museum.
2
That Order is to have effect without the amendment made by paragraph (1) in relation to —
a
the accounts of the Fleet Air Arm Museum for the period that starts on 1st April 2011 and ends on 31st July 2011;
b
the accounts of the Royal Marines Museum for the period that starts on 1st April 2011 and ends on 30th June 2011; and
c
the accounts of the Royal Naval Submarine Museum for the period that starts on 1st April 2011 and ends on 31st May 2011.
7
1
In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009, omit the following entries in the table —
Company name Date Company Number
Firebuy Limited
Phoenix Sports Limited
The School Food Trust
1 April 2009
1 April 2008
1 April 2008
05568715
03487652
05386058
2
That Order is to have effect without the amendment made by paragraph (1) in relation to —
a
the accounts of Firebuy Limited for the financial years ending on 31st March 2011 and 31st March 2012; and
b
the accounts of the School Food Trust for the period that starts on 1st April 2011 and ends on 30th September 2011.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2012
SCHEDULE
Probation trusts whose accounts are subject to audit by the Comptroller and Auditor General
Article 2(b)
Avon and Somerset Probation Trust
Bedfordshire Probation Trust
Cambridgeshire and Peterborough Probation Trust
Cheshire Probation Trust
Cumbria Probation Trust
Derbyshire Probation Trust
Devon and Cornwall Probation Trust
Dorset Probation Trust
Durham Tees Valley Probation Trust
Essex Probation
Gloucestershire Probation Trust
Greater Manchester Probation Trust
Hampshire Probation Trust
Hertfordshire Probation Trust
Humberside Probation Trust
Kent Probation
Lancashire Probation Trust
Leicestershire and Rutland Probation Trust
Lincolnshire Probation Trust
London Probation Trust
Merseyside Probation Trust
Norfolk and Suffolk Probation Trust
Northamptonshire Probation Trust
Northumbria Probation Trust
Nottinghamshire Probation Trust
South Yorkshire Probation Trust
Staffordshire and West Midlands Probation Trust
Surrey and Sussex Probation Trust
Thames Valley Probation
Warwickshire Probation Trust
West Mercia Probation Trust
West Yorkshire Probation Trust
Wiltshire Probation Trust
York and North Yorkshire Probation Trust |
The Traffic Management Act 2004 (Amendment of Schedule 7) (City of Exeter) Regulations 2012
The Secretary of State has carried out the consultation required by paragraph 5(3) of that Schedule.
Citation and commencement
1
These Regulations may be cited as the Traffic Management Act 2004 (Amendment of Schedule 7) (City of Exeter) Regulations 2012 and come into force on 30th January 2012.
Civil enforcement of offences in section 30 of the Exeter City Council Act 1987
2
In Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement), in paragraph 4 (parking contraventions outside Greater London), after sub-paragraph (2)(e) insert —
ea
an offence under section 30(1) of the Exeter City Council Act 1987 (c. xi) (prohibition of parking vehicles on verges, central reservations and footways).
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
4th January 2012 |
The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 113(1) and (2) of, and paragraph 4 of Schedule 1A to, the Local Government Finance Act 1992 :
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 and come into force on 18th December 2012.
2
These Regulations apply in relation to billing authorities in England.
Default scheme
2
The scheme set out in the Schedule to these Regulations is the scheme prescribed for the purposes of paragraph 4 of Schedule 1A to the Local Government Finance Act 1992.
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
16th November 2012
SCHEDULE
Council Tax Reduction Scheme (Default Scheme) 2013
Regulation 2
Contents
PART 1
Introduction
1
Introduction
PART 2
Interpretation
2
Interpretation
3
Application of scheme: pensioners and persons who are not pensioners
4
Meaning of “couple”
5
Polygamous marriages
6
Meaning of “family”
7
Circumstances in which a person is to be treated as responsible or not responsible for another
8
Households
9
Non-dependants
10
Remunerative work
PART 3
Procedural matters
11
Procedure for reduction applications and appeals against reduction decisions
PART 4
Classes of person entitled to a reduction under this scheme
12
Classes of person entitled to a reduction under this scheme
13
Class A: pensioners whose income is less than the applicable amount
14
Class B: pensioners whose income is greater than the applicable amount
15
Class C: alternative maximum council tax reduction – pensioners
16
Class D: persons who are not pensioners whose income is less than the applicable amount
17
Class E: persons who are not pensioners whose income is greater than the applicable amount
18
Class F: alternative maximum council tax reduction – persons who are not pensioners
19
Periods of absence from a dwelling
PART 5
Classes of person excluded from this scheme
20
Classes of person excluded from this scheme
21
Class of person excluded from this scheme: persons treated as not being in Great Britain
22
Class of person excluded from this scheme: persons subject to immigration control
23
Class of person excluded from this scheme: capital limit
24
Class of person excluded from this scheme: students
PART 6
Applicable amounts
25
Applicable amounts: pensioners
26
Applicable amounts: persons who are not pensioners
27
Polygamous marriages: persons who are not pensioners
28
Applicable amount: persons who are not pensioners who have an award of universal credit
PART 7
Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
29
Maximum council tax reduction amount under this scheme: pensioners and persons who are not pensioners
30
Non-dependant deductions: pensioners and persons who are not pensioners
PART 8
Alternative maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
31
Alternative maximum council tax reduction under this scheme: pensioners and persons who are not pensioners
PART 9
Amount of reduction under this scheme
32
Amount of reduction under this scheme: Classes A to F
PART 10
Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
CHAPTER 1
Income and capital: general
33
Calculation of income and capital: applicant’s family and polygamous marriages
34
Circumstances in which income and capital of non-dependant is to be treated as applicant’s
CHAPTER 2
Income and capital: pensioners in receipt of guarantee credit or savings credit
35
Applicant in receipt of guarantee credit: pensioners
36
Calculation of applicant’s income and capital in savings credit only cases: pensioners
CHAPTER 3
Income and capital where there is an award of universal credit
37
Calculation of income and capital: persons who are not pensioners who have an award of universal credit
CHAPTER 4
Income: other pensioners
38
Calculation of income and capital where state pension credit is not payable: pensioners
39
Meaning of “income”: pensioners
40
Calculation of weekly income: pensioners
41
Earnings of employed earners: pensioners
42
Calculation of net earnings of employed earners: pensioners
43
Calculation of earnings of self-employed earners: pensioners
44
Earnings of self-employers earners: pensioners
45
Notional income: pensioners
46
Income paid to third parties: pensioners
CHAPTER 5
Income: persons who are not pensioners
47
Average weekly earnings of employed earners: persons who are not pensioners
48
Average weekly earnings of self-employed earners: persons who are not pensioners
49
Average weekly income other than earnings: persons who are not pensioners
50
Calculation of weekly income of employed earners: persons who are not pensioners
51
Earnings of employed earners: persons who are not pensioners
52
Calculation of net earnings of employed earners: persons who are not pensioners
53
Earnings of self-employed earners: persons who are not pensioners
54
Calculation of income other than earnings: persons who are not pensioners
55
Capital treated as income: persons who are not pensioners
56
Notional income: persons who are not pensioners
CHAPTER 6
Income: further provisions applying to pensioners and persons who are not pensioners
57
Calculation of income on a weekly basis
58
Treatment of child care charges
59
Calculation of average weekly income from tax credits
60
Disregard of changes in tax, contributions etc.
61
Calculation of net profit of self-employed earners
62
Calculation of deduction of tax and contributions of self-employed earners
CHAPTER 7
Capital
63
Calculation of capital
64
Income treated as capital: persons who are not pensioners
65
Calculation of capital in the United Kingdom
66
Calculation of capital outside the United Kingdom
67
Notional capital
68
Diminishing notional capital rule: pensioners
69
Diminishing notional capital rule: persons who are not pensioners
70
Capital jointly held
71
Calculation of tariff income from capital: pensioners
72
Calculation of tariff income from capital: persons who are not pensioners
PART 11
Students
CHAPTER 1
General
73
Interpretation
74
Treatment of students
75
Students who are excluded from entitlement to a reduction under this scheme
CHAPTER 2
Income
76
Calculation of grant income
77
Calculation of covenant income where a contribution is assessed
78
Covenant income where no grant income or no contribution is assessed
79
Relationship with amounts to be disregarded under Schedule 8
80
Other amounts to be disregarded
81
Treatment of student loans
82
Treatment of payments from access funds
83
Disregard of contribution
84
Further disregard of student’s income
85
Income treated as capital
86
Disregard of changes occurring during summer vacation
PART 12
Extended reductions
CHAPTER 1
Extended reductions: pensioners
87
Extended reductions: pensioners
88
Extended reductions (qualifying contributory benefits): pensioners
89
Duration of extended reduction period (qualifying contributory benefits): pensioners
90
Amount of extended reduction (qualifying contributory benefits): pensioners
91
Extended reductions (qualifying contributory benefits) — movers: pensioners
92
Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of classes A to C
93
Continuing reductions where state pension credit claimed: pensioners
CHAPTER 2
Extended reductions: persons who are not pensioners
94
Extended reductions: persons who are not pensioners
95
Extended reductions: persons who are not pensioners
96
Duration of extended reduction period: persons who are not pensioners
97
Amount of extended reduction: persons who are not pensioners
98
Extended reductions — movers: persons who are not pensioners
99
Relationship between extended reduction and entitlement to a reduction by virtue of classes D to F
100
Extended reductions (qualifying contributory benefits): persons who are not pensioners
101
Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners
102
Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners
103
Extended reductions (qualifying contributory benefits) — movers: persons who are not pensioners
104
Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of classes D to F
CHAPTER 3
Extended reductions: movers in the authority’s area
105
Extended reductions: applicant moving into the authority’s area
PART 13
When entitlement begins and change of circumstances
106
Date on which entitlement begins
107
Date on which change of circumstances is to take effect
108
Change of circumstances where state pension credit in payment
PART 14
Applications (including duties to notify authority of change of circumstances)
109
Making an application
110
Date on which an application is made
111
Back-dating of applications: pensioners
112
Back-dating of applications: persons who are not pensioners
113
Information and evidence
114
Amendment and withdrawal of application
115
Duty to notify changes of circumstances
PART 15
Decisions by authority
116
Decision by authority
117
Notification of decision
PART 16
Circumstances in which a payment may be made
118
Payment where there is joint and several liability
Schedule 1
Procedural matters
Schedule 2
Applicable amounts: pensioners
Schedule 3
Applicable amounts: persons who are not pensioners
Schedule 4
Amount of alternative maximum council tax reduction: pensioners and persons who are not pensioners
Schedule 5
Sums disregarded from applicant’s earnings: pensioners
Schedule 6
Amounts to be disregarded in the calculation of income other than earnings: pensioners
Schedule 7
Sums disregarded in the calculation of earnings: persons who are not pensioners
Schedule 8
Sums disregarded in the calculation of income other than earnings: persons who are not pensioners
Schedule 9
Capital disregards: pensioners
Schedule 10
Capital disregards: persons who are not pensioners
PART 1
Introduction
Introduction
1
This scheme relates to the financial year beginning with 1st April 2013 and may be cited as the Council Tax Reduction Scheme (Default Scheme) 2013.
PART 2
Interpretation
Interpretation
2
1
In this scheme —
“the 1992 Act ” means the Local Government Finance Act 1992;
“ Abbeyfield Home ” means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society;
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;
“an AFIP ” means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 ;
“alternative maximum council tax reduction” means the amount determined in accordance with paragraph 31 and Schedule 4;
“applicable amount” means —
in relation to a pensioner, the amount calculated in accordance with paragraph 25 and Schedule 2, and
in relation to a person who is not a pensioner, the amount calculated in accordance with —
paragraph 26 and Schedule 3; or
paragraph 28,
as the case may be;
“applicant” means a person who has made an application;
“application” means an application for a reduction under this scheme;
“assessment period” means —
in relation to pensioners —
in relation to the earnings of a self-employed earner, the period determined in accordance with paragraph 43 for the purpose of calculating the weekly earnings of the applicant; or
in relation to any other income, the period determined in accordance with paragraph 40 for the purpose of calculating the weekly income of the applicant;
in relation to persons who are not pensioners, such period as is set out in paragraphs 47 to 49 over which income falls to be calculated;
“attendance allowance” means —
an attendance allowance under Part 3 of the SSCBA ;
an increase of disablement pension under section 104 or 105 of that Act;
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
any payment based on need for attendance which is paid as part of a war disablement pension;
“the authority” means a billing authority in relation to whose area this scheme has effect by virtue of paragraph 4(6) of Schedule 1A to the 1992 Act;
“basic rate” has the meaning given by the Income Tax Act 2007 ;
“the benefit Acts ” means the SSCBA, the Jobseekers Act 1995 , the State Pension Credit Act 2002 and the Welfare Reform Act 2007 ;
“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;
“care home” has the meaning given by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 and in Northern Ireland means a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 or a residential care home within the meaning of Article 10 of that Order;
“the Caxton Foundation ” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;
“child” means a person under the age of 16;
“child benefit” has the meaning given by section 141 of the SSCBA ;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002 ;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act 2002 are charged;
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 ;
“council tax benefit” means council tax benefit under Part 7 of the SSCBA;
“couple” has the meaning given by paragraph 4;
“designated office” means the office of the authority designated by it for the receipt of applications —
by notice upon or with a form supplied by it for the purpose of making an application; or
by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or
by any combination of the provisions set out in paragraphs (a) and (b);
“disability living allowance” means a disability living allowance under section 71 of the SSCBA ;
“earnings” has the meaning given by paragraph 41, 44, 51 or 53 as the case may be;
“the Eileen Trust ” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“employed earner” is to be construed in accordance with section 2(1)(a) of the SSCBA and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;
“the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);
“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“extended reduction” means a reduction under this scheme for which a person is eligible under Part 12 (extended reductions);
“extended reduction period” means the period for which a person is in receipt of an extended reduction in accordance with paragraph 89, 96 or 101;
“extended reduction (qualifying contributory benefits)” means a reduction under this scheme for which a person is eligible in accordance with paragraph 88 or 95;
“family” has the meaning given by paragraph 6;
“ the Fund ” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
“guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002;
“a guaranteed income payment” means a payment made under article 15(1)(c) (injury benefits) or 29(1)(a) (death benefits) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ;
“housing benefit” means housing benefit under Part 7 of the SSCBA;
“an income-based jobseeker’s allowance” and “a joint-claim jobseeker’s allowance” have the meanings given by section 1(4) of the Jobseekers Act 1995 ;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007;
“independent hospital” —
in England means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales has the meaning given by section 2 of the Care Standards Act 2000 ; and
in Scotland means an independent health care service as defined by section 10F of the National Health Service (Scotland) Act 1978 ;
“the Independent Living Fund (2006) ” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
“invalid carriage or other vehicle” means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
“the London Bombings Relief Charitable Fund ” means the company limited by guarantee (number 5505072), and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;
“the Macfarlane (Special Payments) Trust ” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
“the Macfarlane (Special Payments) (No. 2) Trust ” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the Macfarlane Trust ” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007 except in Part 1 of Schedule 3;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996 ;
“maximum council tax reduction amount” means the amount determined in accordance with paragraph 29;
“member of a couple” means a member of a married or unmarried couple;
“ MFET Limited ” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
“mobility supplement” means —
in relation to pensioners, a supplement to which paragraph 5(1)(a)(vii) of Schedule 5 refers;
in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 8 refers;
“mover” means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of the authority to a dwelling in the area of a second authority;
“net earnings” means such earnings as are calculated in accordance with paragraph 42 or 52, as the case may be;
“net profit” means such profit as is calculated in accordance with paragraph 61;
“new dwelling” means, for the purposes of the definition of “second authority” and paragraphs 91, 98 and 103, the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident;
“non-dependant” has the meaning given by paragraph 9;
“occasional assistance” means any payment or provision made by a local authority, the Welsh Ministers or the Scottish Ministers for the purposes of —
meeting, or helping to meet an immediate short-term need —
arising out of an exceptional event or exceptional circumstances, or
that needs to be met to avoid a risk to the well-being of an individual, and
enabling qualifying individuals to establish or maintain a settled home, and —
“local authority” has the meaning given by section 270(1) of the Local Government Act 1972 ; and
“qualifying individuals” means individuals who have been, or without the assistance might otherwise be —
in prison, hospital, an establishment providing residential care or other institution, or
homeless or otherwise living an unsettled way of life;
and “local authority” means a local authority in England within the meaning of the Local Government Act 1972 ;
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“occupational pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 ;
“partner”, in relation to a person, means —
where that person is a member of a couple, the other member of that couple;
subject to paragraph (c), where that person is polygamously married to two or more members of his household, any such member to whom he is married; or
where that person is polygamously married and has an award of universal credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage;
“paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act ;
“pension fund holder” means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 ;
“pensioner” has the meaning given by paragraph 3(2)(a);
“person on income support” means a person in receipt of income support;
“person treated as not being in Great Britain” has the meaning given by paragraph 21;
“person who is not a pensioner” has the meaning given by paragraph 3(2)(b);
“personal independence payment” has the meaning given by Part 4 of the Welfare Reform Act 2012 ;
“personal pension scheme” means —
a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993 ;
an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004 ;
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“polygamous marriage” means any marriage to which paragraph 5 applies;
“qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
“qualifying contributory benefit” means —
severe disablement allowance;
incapacity benefit;
contributory employment and support allowance;
“qualifying income-related benefit” means —
income support;
income-based jobseeker’s allowance;
income-related employment and support allowance;
“qualifying person” means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;
“reduction week” means a period of seven consecutive days beginning with a Monday and ending with a Sunday;
“relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;
“relevant week”, in relation to any particular day, means the week within which the day in question falls;
“remunerative work” has the meaning given by paragraph 10;
“rent” means “eligible rent” to which regulation 12 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 refer, less any deductions in respect of non-dependants which fall to be made under paragraph 30 (non-dependant deductions);
“savings credit” is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002 ;
“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
“self-employed earner” is to be construed in accordance with section 2(1)(b) of the SSCBA;
“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in —
an employment zone programme;
a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment, etc.); or
the Employment, Skills and Enterprise Scheme;
“service user group” means a group of individuals that is consulted by or on behalf of —
a Health Board, Special Health Board or the Agency in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978 ;
a landlord authority in consequence of a function under section 105 of the Housing Act 1985 ;
a public authority in Northern Ireland in consequence of a function under section 49A of the Disability Discrimination Act 1995 ;
a public authority in consequence of a function under section 149 of the Equality Act 2010 ;
a best value authority in consequence of a function under section 3 of the Local Government Act 1999 ;
a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001 ;
a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006 ;
a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006 ;
the Care Quality Commission in exercise of a function under section 4 or 5 of the Health and Social Care Act 2008 ;
the regulator or a private registered provider of social housing in consequence of a function under section 98, 193 or 196 of the Housing and Regeneration Act 2008 ; or
a public or local authority in Great Britain in consequence of a function conferred under any other enactment,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;
“single applicant” means an applicant who neither has a partner nor is a lone parent;
“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;
“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;
“the SSCBA” means the Social Security Contributions and Benefits Act 1992 ;
“state pension credit” means state pension credit under the State Pension Credit Act 2002 ;
“student” has the meaning given by paragraph 73;
“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Chief Executive of Skills Funding or the Welsh Ministers;
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , or is training as a teacher;
“the Trusts” (except where the context otherwise requires) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarla7ne (Special Payments) ( No. 2) Trust and “Trustees” is to be construed accordingly;
“universal credit” has the meaning given by section 1 of the Welfare Reform Act 2012 ;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 ;
“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“water charges” means —
as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991 ,
as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002 ,
in so far as such charges are in respect of the dwelling which a person occupies as his home;
“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002 ;
“young person” means a person who falls within the definition of qualifying young person in section 142 of the SSCBA .
2
In this scheme, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny.
3
For the purpose of this scheme, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid because of a reduction in accordance with section 19 or 19A or regulations made under section 17A or 19B of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable);
b
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or
c
in respect of which an income-based jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions).
4
For the purposes of this scheme, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day —
a
in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act 2007 (disqualification); or
b
which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act (employment and support allowance: supplementary provisions) and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.
5
For the purposes of this scheme, two persons must be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.
6
In this scheme, references to any person in receipt of state pension credit includes a person who would be in receipt of state pension credit but for regulation 13 of the State Pension Credit Regulations 2002 (small amounts of state pension credit).
Application of scheme: pensioners and persons who are not pensioners
3
1
This scheme applies to —
a
pensioners who fall within any of classes A to C ; and
b
persons who are not pensioners who fall within any of classes D to F .
2
In this scheme —
a
a person is a “pensioner” if —
i
he has attained the qualifying age for state pension credit; and
ii
he is not, or, if he has a partner, his partner is not —
aa
a person on income support, on an income-based jobseeker’s allowance or on an income-related employment and support allowance, or
bb
a person with an award of universal credit; and
b
a person is a “person who is not a pensioner” if —
i
he has not attained the qualifying age for state pension credit; or
ii
he has attained the qualifying age for state pension credit and he, or if he has a partner, his partner, is —
aa
a person on income support, on an income-based jobseeker’s allowance or on an income-related employment and support allowance, or
bb
a person with an award of universal credit.
Meaning of “couple”
4
1
In this scheme “couple” means —
a
a man and woman who are married to each other and are members of the same household;
b
a man and woman who are not married to each other but are living together as husband and wife;
c
two people of the same sex who are civil partners of each other and are members of the same household; or
d
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.
2
Two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes.
Polygamous marriages
5
1
This paragraph applies to any case where —
a
a person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy; and
b
either party to the marriage has for the time being any spouse additional to the other party.
2
For the purposes of paragraph 4 (meaning of “couple”) neither party to the marriage is to be taken to be a member of a couple.
Meaning of “family”
6
1
In this scheme “family” means —
a
a couple;
b
a couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person; or
c
a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a young person.
2
The references to a child or young person in sub-paragraph (1)(b) and (c) include a child or young person in respect of whom section 145A of the SSCBA applies for the purposes of entitlement to child benefit, but only for the period prescribed under section 145A(1).
3
The references to a young person in sub-paragraph (1)(b) and (c) do not include a young person who is —
a
on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, or has an award of universal credit; or
b
a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.
Circumstances in which a person is to be treated as responsible or not responsible for another
7
1
A person is to be treated as responsible for a child or young person who is normally living with him, including a child or young person to whom paragraph 6(2) applies.
2
Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person must be treated for the purposes of sub-paragraph (1) as normally living with —
a
the person who is receiving child benefit in respect of that child or young person, or
b
if there is no such person —
i
where only one claim for child benefit has been made in respect of him, the person who made that claim, or
ii
in any other case the person who has the primary responsibility for him.
3
For the purposes of this scheme a child or young person is the responsibility of only one person in any reduction week and any person other than the one treated as responsible for the child or young person under this paragraph is to be treated as not so responsible.
Households
8
1
Subject to sub-paragraphs (2) and (3), an applicant and any partner and, where the applicant or his partner is treated (by virtue of paragraph 7) as responsible for a child or young person, that child or young person and any child of that child or young person, are to be treated as members of the same household notwithstanding that any of them is temporarily absent from that household.
2
A child or young person is not be treated as a member of the applicant’s household where he is —
a
placed with the applicant or his partner by a local authority under section 22C or 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out with the applicant or his partner under a relevant enactment; or
b
placed, or in Scotland boarded out, with the applicant or his partner prior to adoption; or
c
placed for adoption with the applicant or his partner in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009 or the Adoption (Northern Ireland) Order 1987 .
3
Subject to sub-paragraph (4), sub-paragraph (1) does not apply to a child or young person who is not living with the applicant and who —
a
is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or
b
has been placed, or in Scotland boarded out, with a person other than the applicant prior to adoption; or
c
has been placed for adoption in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009.
4
The authority must treat a child or young person to whom sub-paragraph (3)(a) applies as being a member of the applicant’s household in any reduction week where —
a
that child or young person lives with the applicant for part or all of that reduction week; and
b
the authority considers that it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.
5
In this paragraph “relevant enactment” means —
a
the Army Act 1955 ;
b
the Air Force Act 1955 ;
c
the Naval Discipline Act 1957 ;
d
the Matrimonial Proceedings (Children) Act 1958 ;
e
the Social Work (Scotland) Act 1968 ;
f
the Family Law Reform Act 1969 ;
g
the Children and Young Persons Act 1969 ;
h
the Matrimonial Causes Act 1973 ;
i
the Children Act 1975 ;
j
the Domestic Proceedings and Magistrates’ Courts Act 1978 ;
k
the Adoption and Children (Scotland) Act 2007 ;
l
the Family Law Act 1986 ;
m
the Children Act 1989;
n
the Children (Scotland) Act 1995 ; and
o
the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
Non-dependants
9
1
In this scheme, “non-dependant” means any person, except someone to whom sub-paragraph (2) applies, who normally resides with an applicant or with whom an applicant normally resides.
2
This paragraph applies to —
a
any member of the applicant’s family;
b
if the applicant is polygamously married —
i
where the applicant has (alone or jointly with his partner) an award of universal credit, any —
aa
party to such a marriage other than the applicant’s partner; and
bb
any child or young person who is a member of his household and for whom he or his partner or another party to the polygamous marriage is responsible; or
ii
in any other case, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;
c
a child or young person who is living with the applicant but who is not a member of his household by virtue of paragraph 8 (households);
d
subject to sub-paragraph (3), any person who, with the applicant, is jointly and severally liable to pay council tax in respect of a dwelling for any day under section 6 or 7 of the 1992 Act (persons liable to pay council tax);
e
subject to sub-paragraph (3), any person who is liable to make payments on a commercial basis to the applicant or the applicant’s partner in respect of the occupation of the dwelling;
f
a person who lives with the applicant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the applicant or his partner for the services provided by that person.
3
Excepting persons to whom sub-paragraph (2)(a) to (c) and (f) refer, a person to whom any of the following paragraphs applies is a non-dependant —
a
a person who resides with the person to whom he is liable to make payments in respect of the dwelling and either —
i
that person is a close relative of his or his partner; or
ii
the tenancy or other agreement between them is other than on a commercial basis;
b
a person whose liability to make payments in respect of the dwelling appears to the authority to have been created to take advantage of a council tax reduction scheme except someone who was, for any period within the eight weeks prior to the creation of the agreement giving rise to the liability to make such payments, otherwise liable to make payments of rent in respect of the same dwelling;
c
a person who becomes jointly and severally liable with the applicant for council tax in respect of a dwelling and who was, at any time during the period of eight weeks prior to his becoming so liable, a non-dependant of one or more of the other residents in that dwelling who are so liable for the tax, unless the change giving rise to the new liability was not made to take advantage of a council tax reduction scheme.
Remunerative work
10
1
Subject to the following provisions of this paragraph, a person must be treated for the purposes of this scheme as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.
2
Subject to sub-paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard must be had to the average of hours worked over —
a
if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);
b
in any other case, the period of 5 weeks immediately prior to the date of application, or such other length of time as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately.
3
Where, for the purposes of sub-paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work must be disregarded in establishing the average hours for which he is engaged in work.
4
Where no recognisable cycle has been established in respect of a person’s work, regard must be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.
5
A person must be treated as engaged in remunerative work during any period for which he is absent from work referred to in sub-paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.
6
A person on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance for more than 3 days in any reduction week is to be treated as not being in remunerative work in that week.
7
A person must not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill.
8
A person must not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which —
a
a sports award has been made, or is to be made, to him; and
b
no other payment is made or is expected to be made to him.
PART 3
Procedural matters
Procedure for reduction applications and appeals against reduction decisions
11
Schedule 1 contains provisions about the procedure —
a
by which a person may apply for a reduction under this scheme;
b
by which a person may make an appeal against certain decisions of the authority;
c
by which a person can apply to the authority for a reduction under section 13A(1)(c) of the 1992 Act.
PART 4
Classes of person entitled to a reduction under this scheme
Classes of person entitled to a reduction under this scheme
12
1
The classes of person described in paragraphs 13 to 18 are entitled to a reduction under this scheme.
2
In those paragraphs, references to the applicant’s income or capital include, in a case where that income or capital cannot accurately be determined, references to the applicant’s estimated income or capital.
Class A: pensioners whose income is less than the applicable amount
13
On any day class A consists of any person who is a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident ;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
whose income (if any) for the relevant week does not exceed his applicable amount, and
f
who has made an application.
Class B: pensioners whose income is greater than the applicable amount
14
On any day class B consists of any person who is a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
whose income for the relevant week is greater than his applicable amount;
f
in respect of whom amount A exceeds amount B where —
i
amount A is the maximum council tax reduction in respect of the day in the applicant’s case; and
ii
amount B is 2 6/7 per cent of the difference between his income for the relevant week and his applicable amount, and
g
who has made an application.
Class C: alternative maximum council tax reduction – pensioners
15
1
On any day class C consists of any person who is a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
who has made an application; and
f
in relation to whom the condition in sub-paragraph (2) is met.
2
The condition referred to in sub-paragraph (1)(f) is that no other resident of the dwelling is liable to pay rent to the applicant in respect of the dwelling and there is an alternative maximum council tax reduction in respect of the day in the case of that person which is derived from the income, or aggregate incomes, of one or more residents to whom this sub-paragraph applies.
3
Sub-paragraph (2) applies to any other resident of the dwelling who —
a
is not a person who, in accordance with Schedule 1 to the 1992 Act, falls to be disregarded for the purposes of discount;
b
is not a person who is liable for council tax solely in consequence of the provisions of section 9 of the 1992 Act (spouse’s or civil partner’s joint and several liability for tax);
c
is not a person who is residing with a couple or with the members of a polygamous marriage where the applicant is a member of that couple or of that marriage and —
i
in the case of a couple, neither member of that couple is a person who, in accordance with Schedule 1 to the 1992 Act (persons disregarded for the purposes of discount), falls to be disregarded for the purposes of discount; or
ii
in the case of a polygamous marriage, two or more members of that marriage are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount;
d
is not a person who jointly with the applicant falls within the same paragraph of section 6(2)(a) to (e) of the 1992 Act (persons liable to pay council tax) as applies in the case of the applicant; or
e
is not a person who is residing with two or more persons both or all of whom fall within the same paragraph of section 6(2)(a) to (e) of the 1992 Act where two or more of those persons are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount.
Class D: persons who are not pensioners whose income is less than the applicable amount
16
On any day class D consists of any person who is not a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
whose income (if any) for the relevant week is less than his applicable amount, and
f
who has made an application.
Class E: persons who are not pensioners whose income is greater than the applicable amount
17
On any day class E consists of any person who is not a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
whose income for the relevant week is greater than his applicable amount;
f
in respect of whom amount A exceeds amount B where —
i
amount A is the maximum council tax reduction in his case; and
ii
amount B is 2 6/7 per cent of the difference between his income for the relevant week and his applicable amount, and
g
who has made an application.
Class F: alternative maximum council tax reduction – persons who are not pensioners
18
1
On any day class F consists of any person who is not a pensioner —
a
who is for that day liable to pay council tax in respect of a dwelling of which he is a resident;
b
who, subject to paragraph 19 (periods of absence from a dwelling), is not absent from the dwelling throughout the day;
c
in respect of whom a maximum council tax reduction amount can be calculated;
d
who does not fall within a class of person not entitled to a reduction under this scheme;
e
who has made an application; and
f
in relation to whom the condition in sub-paragraph (2) is met.
2
The condition referred to in sub-paragraph (1)(f) is that no other resident of the dwelling is liable to pay rent to the person in question in respect of the dwelling and there is an alternative maximum council tax reduction in respect of the day in the case of that person which is derived from the income, or aggregate incomes, of one or more residents to whom this sub-paragraph applies.
3
Sub-paragraph (2) applies to any other resident of the dwelling who —
a
is not a person who, in accordance with Schedule 1 to the 1992 Act, falls to be disregarded for the purposes of discount; and
b
is not a person who is liable for council tax solely in consequence of the provisions of section 9 of the 1992 Act (spouse’s or civil partner’s joint and several liability for tax);
c
is not a person who is residing with a couple or with the members of a polygamous marriage where the applicant for the reduction is a member of that couple or of that marriage and —
i
in the case of a couple, neither member of that couple is a person who, in accordance with Schedule 1 to the 1992 Act, falls to be disregarded for the purposes of discount; or
ii
in the case of a polygamous marriage, two or more members of that marriage are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount;
d
is not a person who jointly with the applicant for reduction falls within the same paragraph of section 6(2)(a) to (e) of the 1992 Act (persons liable to pay council tax) as applies in the case of the applicant; or
e
is not a person who is residing with two or more persons both or all of whom fall within the same paragraph of section 6(2)(a) to (e) of the 1992 Act where two or more of those persons are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount.
Periods of absence from a dwelling
19
1
A person is not absent from a dwelling in relation to any day which falls within a period of temporary absence from that dwelling.
2
In sub-paragraph (1), a “period of temporary absence” means —
a
a period of absence not exceeding 13 weeks, beginning with the first whole day on which a person resides in residential accommodation where and for so long as —
i
the person resides in that accommodation;
ii
the part of the dwelling in which he usually resided is not let or sub-let; and
iii
that period of absence does not form part of a longer period of absence from the dwelling of more than 52 weeks,
where he has entered the accommodation for the purpose of ascertaining whether it suits his needs and with the intention of returning to the dwelling if it proves not to suit his needs;
b
a period of absence not exceeding 13 weeks, beginning with the first whole day of absence from the dwelling, where and for so long as —
i
the person intends to return to the dwelling;
ii
the part of the dwelling in which he usually resided is not let or sub-let; and
iii
that period is unlikely to exceed 13 weeks; and
c
a period of absence not exceeding 52 weeks, beginning with the first whole day of that absence, where and for so long as —
i
the person intends to return to the dwelling;
ii
the part of the dwelling in which he usually resided is not let or sub-let;
iii
the person is a person to whom sub-paragraph (3) applies; and
iv
the period of absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
3
This sub-paragraph applies to a person who —
a
is detained in custody on remand pending trial or required, as a condition of bail, to reside —
i
in a dwelling, other than the dwelling referred to in sub-paragraph (1), or
ii
in premises approved under section 13 of the Offender Management Act 2007 ,
or is detained in custody pending sentence upon conviction;
b
is resident in a hospital or similar institution as a patient;
c
is undergoing, or whose partner or dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;
d
is following, in the United Kingdom or elsewhere, a training course;
e
is undertaking medically approved care of a person residing in the United Kingdom or elsewhere;
f
is undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;
g
is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation;
h
is a student;
i
is receiving care provided in residential accommodation and is not a person to whom sub-paragraph (2)(a) applies; or
j
has left the dwelling he resides in through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned.
4
This sub-paragraph applies to a person who is —
a
detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 or, in Northern Ireland, under Article 4 or 12 of the Mental Health (Northern Ireland) Order 1986 ); and
b
on temporary release from detention in accordance with Rules made under the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 .
5
Where sub-paragraph (4) applies to a person, then, for any day when he is on temporary release —
a
if such temporary release was immediately preceded by a period of temporary absence under sub-paragraph (2)(b) or (c), he must be treated, for the purposes of sub-paragraph (1), as if he continues to be absent from the dwelling, despite any return to the dwelling;
b
for the purposes of sub-paragraph (3)(a), he must be treated as if he remains in detention;
c
if he does not fall within paragraph (a), he is not to be considered to be a person who is liable to pay council tax in respect of a dwelling of which he is a resident.
6
In this paragraph —
“medically approved” means certified by a medical practitioner;
“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
“residential accommodation” means accommodation which is provided in —
a care home;
an independent hospital;
an Abbeyfield Home; or
an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.
PART 5
Classes of person excluded from this scheme
Classes of person excluded from this scheme
20
The classes of person described in paragraphs 21 to 24 are not entitled to a reduction under this scheme.
Class of person excluded from this scheme: persons treated as not being in Great Britain
21
1
The class of person described in this paragraph consists of any person treated as not being in Great Britain.
2
Except where a person falls within sub-paragraph (5) or (6), a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.
4
For the purposes of sub-paragraph (3), a right to reside does not include a right which exists by virtue of, or in accordance with —
a
regulation 13 of the EEA Regulations or Article 6 of Council Directive No 2004/38/ EC ; or
b
regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in paragraph (4A) of that regulation or Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of their rights as a European Union citizen) .
5
A person falls within this sub-paragraph if the person is —
a
a qualified person for the purposes of regulation 6 of the EEA Regulations as a worker or a self-employed person;
b
a family member of a person referred to in paragraph (a) within the meaning of regulation 7(1)(a), (b) or (c) of the EEA Regulations;
c
a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations;
d
a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;
e
a person granted limited leave to enter or remain in the United Kingdom outside the provisions of the rules made under section 3(2) of the Immigration Act 1971 on the rejection of their claim for asylum;
f
a person who has humanitarian protection granted under those rules; or
g
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
6
A person falls within this sub-paragraph if the person is a Crown servant or member of Her Majesty’s forces posted overseas.
7
A person mentioned in sub-paragraph (6) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty’s forces and was, immediately before the posting or the first of consecutive postings, habitually resident in the United Kingdom.
8
In this paragraph —
“claim for asylum” has the same meaning as in section 94(1) of the Immigration and Asylum Act 1999 ;
“EEA Regulations” means the Immigration (European Economic Area) Regulations 2006 .
Class of person excluded from this scheme: persons subject to immigration control
22
1
Persons subject to immigration control are not entitled to a reduction under this scheme.
2
“Person subject to immigration control” has the meaning given in section 115(9) of the Immigration and Asylum Act 1999.
Class of person excluded from this scheme: capital limit
23
1
The class of person described in this paragraph consists of any person whose capital exceeds £16,000 .
2
Capital for the purposes of sub-paragraph (1) is to be calculated in accordance with Part 10 of this scheme.
Class of person excluded from this scheme: students
24
The class of person described in this paragraph consists of any student to whom paragraph 75(1) applies (except to the extent that a student may be entitled to an alternative maximum council tax reduction by virtue of paragraph 18).
PART 6
Applicable amounts
Applicable amounts: pensioners
25
1
The applicable amount for a pensioner for a week is the aggregate of such of the following amounts as apply in his case —
a
an amount in respect of his personal allowance, determined in accordance with paragraph 1 of Schedule 2 (personal allowance);
b
an amount in respect of any child or young person who is a member of his family, determined in accordance with paragraph 2 of that Schedule (child or young person amounts);
c
if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3 of that Schedule (family premium);
d
the amount of any premiums which may be applicable to him, determined in accordance with Parts 3 and 4 of that Schedule (premiums).
2
In Schedule 2 —
“additional spouse” means a spouse by the party to the marriage who is additional to the party to the marriage;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 .
Applicable amounts: persons who are not pensioners
26
1
Subject to paragraphs 27 and 28, the applicable amount for a week for a person who is not a pensioner is the aggregate of such of the following amounts as may apply in his case —
a
an amount in respect of himself or, if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1 of Schedule 3;
b
an amount in respect of any child or young person who is a member of his family, determined in accordance with paragraph 3 of that Schedule;
c
if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part 2 of that Schedule (family premium);
d
the amount of any premiums which may be applicable to him, determined in accordance with Parts 3 and 4 of that Schedule (premiums);
e
the amount of either the —
i
work-related activity component; or
ii
support component,
which may be applicable to him in accordance with Parts 5 and 6 of that Schedule (the components );
f
the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of that Schedule (transitional addition).
2
In Schedule 3 —
“additional spouse” means a spouse by the party to the marriage who is additional to the party to the marriage;
“converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations 2008 ;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 .
Polygamous marriages: persons who are not pensioners
27
1
This paragraph applies where an applicant who is not a pensioner is a member of a polygamous marriage and does not have (alone or jointly with a party to a marriage), an award of universal credit.
2
The applicable amount for a week of an applicant where this paragraph applies is the aggregate of such of the following amounts as may apply in his case —
a
the amount applicable to him and one of his partners determined in accordance with paragraph 1(3) of Schedule 3 as if he and that partner were a couple;
b
an amount equal to the difference between the amounts specified in sub-paragraphs (3) and (1)(b) of paragraph 1 of that Schedule in respect of each of his other partners;
c
an amount determined in accordance with paragraph 2 of that Schedule (main phase employment and support allowance) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household;
d
if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part 2 of that Schedule (family premium);
e
the amount of any premiums which may be applicable to him determined in accordance with Parts 3 and 4 of that Schedule (premiums);
f
the amount of either the —
i
work-related activity component; or
ii
support component,
which may be applicable to him in accordance with Parts 5 and 6 of that Schedule (the components);
g
the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of that Schedule (transitional addition).
Applicable amount: persons who are not pensioners who have an award of universal credit
28
1
Subject to sub-paragraph (2), in determining the applicable amount for a week of an applicant who is not a pensioner —
a
who has, or
b
who (jointly with his partner) has,
an award of universal credit, the authority must use the calculation or estimate of the maximum amount of the applicant, or the applicant and his partner jointly (as the case may be), subject to the adjustment described in sub-paragraph (3).
2
In determining the applicable amount for a week of an applicant who is a member of a polygamous marriage, the fact that two people are husband and wife is to be disregarded if —
a
one of them is a party to an earlier marriage that still subsists; and
b
the other party to that earlier marriage is living in the same household.
3
The adjustment referred to in sub-paragraph (1) is to multiply the maximum amount by 12 and divide the product by 52.
4
In this paragraph “maximum amount” means the maximum amount calculated by the Secretary of State in accordance with section 8(2) of the Welfare Reform Act 2012 .
PART 7
Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
Maximum council tax reduction amount under this scheme: pensioners and persons who are not pensioners
29
1
Subject to sub-paragraphs (2) to (4), a person’s maximum council tax reduction amount in respect of a day is 100 per cent of the amount A/B where —
a
A is the amount set by the authority as the council tax for the relevant financial year in respect of the dwelling in which he is a resident and for which he is liable, subject to any discount which may be appropriate to that dwelling under the 1992 Act; and
b
B is the number of days in that financial year,
less any deductions in respect of non-dependants which fall to be made under paragraph 30 (non-dependant deductions: pensioners and persons who are not pensioners).
2
In calculating a person’s maximum council tax reduction under this scheme any reduction in the amount that person is liable to pay in respect of council tax, which is made in consequence of any enactment in, or made under, the 1992 Act (other than a reduction under this scheme), is to be taken into account.
3
Subject to sub-paragraph (4), where an applicant is jointly and severally liable for council tax in respect of a dwelling in which he is resident with one or more other persons, in determining the maximum council tax reduction in his case in accordance with sub-paragraph (1), the amount A is to be divided by the number of persons who are jointly and severally liable for that tax.
4
Where an applicant is jointly and severally liable for council tax in respect of a dwelling with only his partner, sub-paragraph (3) does not apply in his case.
5
The reference in sub-paragraph (3) to a person with whom an applicant is jointly and severally liable for council tax, where the applicant is a person who is not a pensioner, does not include a student to whom paragraph 75(1) (entitlement of students to a reduction under this scheme) applies.
6
In this paragraph “relevant financial year” means, in relation to any particular day, the financial year within which the day in question falls.
Non-dependant deductions: pensioners and persons who are not pensioners
30
1
Subject to the following provisions of this paragraph, the non-dependant deductions in respect of a day referred to in paragraph 29 are —
a
in respect of a non-dependant aged 18 or over in remunerative work, £9.90 x 1/7;
b
in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £3.30 x 1/7.
2
In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies, where it is shown to the appropriate authority that his normal gross weekly income is —
a
less than £183.00, the deduction to be made under this paragraph is that specified in sub-paragraph (1)(b);
b
not less than £183.00 but less than £316.00, the deduction to be made under this paragraph is £6.55;
c
not less than £316.00 but less than £394.00, the deduction to be made under this paragraph is £8.25.
3
Only one deduction is to be made under this paragraph in respect of a couple or, as the case may be, members of a polygamous marriage (other than where there is an award of universal credit) and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount is to be deducted.
4
In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard must be had, for the purpose of that sub-paragraph, to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.
5
Where in respect of a day —
a
a person is a resident in a dwelling but is not himself liable for council tax in respect of that dwelling and that day;
b
other residents in that dwelling (the liable persons) have joint and several liability for council tax in respect of that dwelling and that day otherwise than by virtue of section 9 of the 1992 Act (liability of spouses and civil partners); and
c
the person to whom paragraph (a) refers is a non-dependant of two or more of the liable persons,
the deduction in respect of that non-dependant must be apportioned equally between those liable persons.
6
No deduction is to be made in respect of any non-dependants occupying an applicant’s dwelling if the applicant or his partner is —
a
blind or treated as blind by virtue of paragraph 10 of Schedule 3 (additional condition for the disability premium); or
b
receiving in respect of himself —
i
attendance allowance, or would be receiving that allowance but for —
aa
a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
bb
an abatement as a result of hospitalisation; or
ii
the care component of the disability living allowance, or would be receiving that component but for —
aa
a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
bb
an abatement as a result of hospitalisation; or
iii
the daily living component of personal independence payment, or would be receiving that allowance but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012 (hospital in-patients); or
iv
an AFIP, or would be receiving that payment but for a suspension of it in accordance with any terms of the armed and reserve forces compensation scheme which allows for a suspension because a person is undergoing medical treatment in a hospital or similar institution.
7
No deduction is to be made in respect of a non-dependant if —
a
although he resides with the applicant, it appears to the authority that his normal home is elsewhere; or
b
he is in receipt of a training allowance paid in connection with youth training established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or
c
he is a full-time student within the meaning of Part 11 (students); or
d
he is not residing with the applicant because he has been a patient for a period in excess of 52 weeks, and for these purposes —
i
“patient” has the meaning given in paragraph 19(6), and
ii
where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he is to be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
8
No deduction is to be made in respect of a non-dependant —
a
who is on income support, state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance; or
b
to whom Schedule 1 to the 1992 Act applies (persons disregarded for purposes of discount) but this paragraph does not apply to a non-dependant who is a student to whom paragraph 4 of that Schedule refers.
9
In the application of sub-paragraph (2) there is to be disregarded from the non-dependant’s weekly gross income —
a
any attendance allowance, disability living allowance, personal independence payment or an AFIP received by him;
b
any payment made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006) which, had his income fallen to be calculated under paragraph 54 (calculation of income other than earnings: persons who are not pensioners), would have been disregarded under paragraph 28 of Schedule 8 (income in kind); and
c
any payment which, had his income fallen to be calculated under paragraph 54, would have been disregarded under paragraph 41 of Schedule 8 (payments made under certain trusts and certain other payments).
PART 8
Alternative maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
Alternative maximum council tax reduction under this scheme: pensioners and persons who are not pensioners
31
1
Subject to sub-paragraphs (2) and (3), the alternative maximum council tax reduction in respect of a day where the conditions set out in paragraph 15 (alternative maximum council tax reduction: pensioners) or 18 (alternative maximum council tax reduction: persons who are not pensioners) are fulfilled, is the amount determined in accordance with Schedule 4 (amount of alternative council tax reduction).
2
Subject to sub-paragraph (3), where an applicant is jointly and severally liable for council tax in respect of a dwelling in which he is resident with one or more other persons, in determining the alternative maximum council tax reduction in his case, the amount determined in accordance with Schedule 4 must be divided by the number of persons who are jointly and severally liable for that tax.
3
Where an applicant is jointly and severally liable for council tax in respect of a dwelling with only his partner, solely by virtue of section 9 of the 1992 Act (liability of spouses and civil partners), sub-paragraph (2) does not apply in his case.
PART 9
Amount of reduction under this scheme
Amount of reduction under this scheme: Classes A to F
32
1
Where a person is entitled to a reduction under this scheme in respect of a day, the amount of the reduction to which he is entitled is as follows.
2
Where the person is within class A or D , that amount is the amount which is the maximum council tax reduction in respect of the day in the applicant’s case.
3
Where the person is within class B or E , that amount is the amount found by deducting amount B from amount A, where “amount A” and “amount B” have the meanings given in paragraph 14(f) or 17(f), as the case may be.
4
Where the person is within class C or F , that amount is the amount which is the alternative maximum council tax reduction in respect of the day in the applicant’s case.
5
Sub-paragraph (6) applies where both —
a
sub-paragraph (2) or sub-paragraph (3), and
b
sub-paragraph (4),
apply to a person.
6
The amount of the reduction to which the person is entitled is whichever is the greater of —
a
the amount of the reduction given by sub-paragraph (2) or sub-paragraph (3), as the case may be, and
b
the amount of the reduction given by sub-paragraph (4).
PART 10
Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
CHAPTER 1
Income and capital: general
Calculation of income and capital: applicant’s family and polygamous marriages
33
1
The income and capital of —
a
an applicant; and
b
any partner of that applicant,
is to be calculated in accordance with the provisions of this Part.
2
The income and capital of any partner of the applicant is to be treated as income and capital of the applicant, and in this Part any reference to the applicant applies equally to any partner of that applicant.
3
Except where paragraph 37 applies, where an applicant or the partner of an applicant is married polygamously to two or more members of his household —
a
the applicant must be treated as possessing capital and income belonging to each such member; and
b
the income and capital of that member is to be calculated in accordance with the following provisions of this Part in like manner as for the applicant.
Circumstances in which income and capital of non-dependant is to be treated as applicant’s
34
1
Sub-paragraph (2) applies where it appears to the authority that a non-dependant and an applicant have entered into arrangements in order to take advantage of this scheme and the non-dependant has more income and capital than the applicant.
2
Except where —
a
the applicant is a pensioner and is on a guarantee credit, or
b
the applicant is not a pensioner and is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance,
the authority must treat the applicant as possessing income and capital belonging to that non-dependant and, in such a case, any income and capital which the applicant does possess is to be disregarded.
3
Where an applicant is treated as possessing income and capital belonging to a non-dependant under sub-paragraph (2) the income and capital of that non-dependant must be calculated in accordance with the following provisions of this Part in like manner as for the applicant and, except where the context otherwise requires, any reference to the “applicant” is to be construed for the purposes of this Part as if it were a reference to that non-dependant.
CHAPTER 2
Income and capital: pensioners in receipt of guarantee credit or savings credit
Applicant in receipt of guarantee credit: pensioners
35
In the case of an applicant who is a pensioner and who is in receipt, or whose partner is in receipt, of a guarantee credit, the whole of his capital and income must be disregarded.
Calculation of applicant’s income and capital in savings credit only cases: pensioners
36
1
In determining the income and capital of an applicant who is a pensioner and who has, or whose partner has, an award of state pension credit comprising only the savings credit, subject to the following provisions of this paragraph, the authority must use the calculation or estimate of the applicant’s or as the case may be, the applicant’s partner’s income and capital made by the Secretary of State for the purpose of determining the award of state pension credit .
2
Where the calculation or estimate provided by the Secretary of State includes the amount taken into account in that determination in respect of net income, the authority may only adjust that amount so far as necessary to take into account —
a
the amount of any savings credit payable;
b
in respect of any dependent children of the applicant, child care charges taken into account under paragraph 57(1)(c) (calculation of income on a weekly basis);
c
the higher amount disregarded under this scheme in respect of —
i
lone parent’s earnings; or
ii
payments of maintenance, whether under a court order or not, which is made or due to be made by —
aa
the applicant’s former partner, or the applicant’s partner’s former partner; or
bb
the parent of a child or young person where that child or young person is a member of the applicant’s family except where that parent is the applicant or the applicant’s partner;
d
any amount to be disregarded by virtue of paragraph 10(1) of Schedule 5 (sums disregarded from applicant’s earnings: pensioners);
e
the income and capital of any partner of the applicant who is treated as a member of the applicant’s household under paragraph 8, to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;
f
paragraph 34 (circumstances in which capital and income of a non-dependant is to be treated as applicant’s), if the authority determines that that provision applies in the applicant’s case;
g
such further reduction (if any) as the authority thinks fit under section 13A(1)(c) of the 1992 Act (power of billing authority to reduce amount of council tax payable);
h
any amount to be disregarded by virtue of paragraph 6 of Schedule 5 (exempt work).
3
Paragraphs 39 to 46 (calculation of income: pensioners) and 57 to 61 (calculation of income: pensioners and persons who are not pensioners) do not apply to the amount of the net income to be taken into account under sub-paragraph (1), but do apply (so far as relevant) for the purpose of determining any adjustments to that amount which the authority makes under sub-paragraph (2).
4
If sub-paragraph (5) applies, the authority must calculate the applicant’s capital in accordance with paragraphs 63, 65 to 68 and 70 (calculation of capital: pensioners).
5
This sub-paragraph applies if —
a
the Secretary of State notifies the authority that the applicant’s capital has been determined as being £16,000 or less or the authority determines his capital as being £16,000 or less;
b
subsequent to that determination the applicant’s capital rises to more than £16,000; and
c
the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act 2002.
CHAPTER 3
Income and capital where there is an award of universal credit
Calculation of income and capital: persons who are not pensioners who have an award of universal credit
37
1
In determining the income of an applicant —
a
who has, or
b
who (jointly with his partner) has,
an award of universal credit the authority must, subject to the following provisions of this paragraph, use the calculation or estimate of the amount of the income of the applicant, or the applicant and his partner jointly (as the case may be), made by the Secretary of State for the purpose of determining the award of universal credit.
2
The authority must adjust the amount of the income referred to in sub-paragraph (1) by multiplying the amount by 12 and dividing the product by 52.
3
The authority may only adjust the amount of the income as adjusted in accordance with sub-paragraph (2) so far as necessary to take into account —
a
the amount of the award of universal credit, determined in accordance with sub-paragraph (3);
b
paragraph 34 (circumstances in which income and capital of non-dependant is to be treated as applicant’s), if the authority determines that the provision applies in the applicant’s case;
c
such further reduction (if any) as the authority thinks fit under section 13A(1)(c) of the 1992 Act (power of billing authority to reduce amount of council tax payable).
4
The amount for the award of universal credit to be taken into account for the purposes of sub-paragraph (3)(a) is to be determined by multiplying the amount of the award of universal credit by 12 and dividing the product by 52.
5
Paragraph 34 (income and capital of non-dependant to be treated as applicant’s) applies for the purpose of determining any adjustments which fall to be made to the figure for income under sub-paragraph (3).
6
In determining the capital of an applicant —
a
who has, or
b
who (jointly with his partner) has,
an award of universal credit, the authority must use the calculation or estimate of the capital of the applicant, or the applicant and his partner jointly (as the case may be), made by the Secretary of State for the purpose of determining the award of universal credit.
CHAPTER 4
Income: other pensioners
Calculation of income and capital where state pension credit is not payable: pensioners
38
Where neither paragraph 35 (applicant in receipt of guarantee credit: pensioners) nor 36 (applicant in receipt of savings credit only: pensioners) applies in the applicant’s case, his income and capital is to be calculated or estimated in accordance with paragraphs 39 to 46 and 57 to 62 (calculation of income) and Chapter 7 of this Part (calculation of capital).
Meaning of “income”: pensioners
39
1
For the purposes of classes A to C in this scheme, “income” means income of any of the following descriptions —
a
earnings;
b
working tax credit;
c
retirement pension income within the meaning of the State Pension Credit Act 2002;
d
income from annuity contracts (other than retirement pension income);
e
a war disablement pension or war widow’s or widower’s pension;
f
a foreign war disablement pension or war widow’s or widower’s pension;
g
a guaranteed income payment;
h
a payment made under article 29(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 , in any case where article 31(2)(c) applies;
i
income from capital other than capital disregarded under Part 1 of Schedule 9;
j
social security benefits, other than retirement pension income or any of the following benefits —
i
disability living allowance;
ii
personal independence payment;
iii
an AFIP;
iv
attendance allowance payable under section 64 of the SSCBA (entitlement to attendance allowance);
v
an increase of disablement pension under section 104 (increase for constant attendance) or 105 of that Act (increase for exceptionally severe disablement);
vi
child benefit;
vii
any guardian’s allowance payable under section 77 of the SSCBA (guardian’s allowance);
viii
any increase for a dependant, other than the applicant’s partner, payable in accordance with Part 4 of that Act (increases for dependants);
ix
any —
aa
social fund payment made under Part 8 of the SSCBA (the social fund), or
bb
occasional assistance;
x
Christmas bonus payable under Part 10 of that Act (Christmas bonus for pensioners);
xi
housing benefit;
xii
council tax benefit;
xiii
bereavement payment;
xiv
statutory sick pay;
xv
statutory maternity pay;
xvi
ordinary statutory paternity pay payable under Part 12ZA of the SSCBA ;
xvii
additional statutory paternity pay payable under Part 12ZA of the SSCBA;
xviii
statutory adoption pay payable under Part 12ZB of that Act (statutory adoption pay);
xix
any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland;
k
all foreign social security benefits which are similar to the social security benefits mentioned above;
l
a payment made —
i
under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (award for children who have reached the child’s age limit), in any case where article 30(1)(b) applies; or
ii
under article 12(8) of that Order (unemployability allowances: children who have reached the child’s age limit), in any case where sub-paragraph (b) of that article applies;
m
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;
n
payments under a scheme made under the Pneumoconiosis etc. (Worker’s Compensation) Act 1979 ;
o
payments made towards the maintenance of the applicant by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the applicant’s partner by his spouse, civil partner, former spouse or former civil partner, including payments made —
i
under a court order;
ii
under an agreement for maintenance; or
iii
voluntarily;
p
payments due from any person in respect of board and lodging accommodation provided by the applicant;
q
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
r
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
s
any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability;
t
any sum payable by way of pension out of money provided under —
i
the Civil List Act 1837 ,
ii
the Civil List Act 1937 ,
iii
the Civil List Act 1952 ,
iv
the Civil List Act 1972 , or
v
the Civil List Act 1975 ;
u
any income in lieu of that specified in paragraphs (a) to (r);
v
any payment of rent made to an applicant who —
i
owns the freehold or leasehold interest in any property or is a tenant of any property;
ii
occupies part of the property; and
iii
has an agreement with another person allowing that person to occupy that property on payment of rent;
w
any payment made at regular intervals under an equity release scheme;
x
PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act 2002.
2
Where the payment of any social security benefit referred to in sub-paragraph (1) is subject to any deduction (other than an adjustment specified in sub-paragraph (4)) the amount to be taken into account under sub-paragraph (1) is to be the amount before the deduction is made.
3
Where an award of any working tax credit or child tax credit is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under sub-paragraph (1) is to be the amount of working tax credit or child tax credit awarded less the amount of that deduction.
4
The adjustments specified in this sub-paragraph are those made in accordance with —
a
the Social Security (Overlapping Benefits) Regulations 1979 ;
b
the Social Security (Hospital In-Patients) Regulations 1975;
c
section 30DD or section 30E of the SSCBA (reductions in incapacity benefit in respect of pensions and councillor’s allowances);
d
section 3 of the Welfare Reform Act 2007 (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances) and regulations made under it.
5
In sub-paragraph (1)(w), “equity release scheme” means a loan —
a
made between a person (“the lender”) and the applicant;
b
by means of which a sum of money is advanced by the lender to the applicant by way of payments at regular intervals; and
c
which is secured on a dwelling in which the applicant owns an estate or interest and which he occupies as his home.
Calculation of weekly income: pensioners
40
1
Except in a case within sub-paragraph (2) or (4), for the purposes of calculating the weekly income of an applicant who is a pensioner, where the period in respect of which a payment is made —
a
does not exceed a week, the whole of that payment is to be included in the applicant’s weekly income;
b
exceeds a week, the amount to be included in the applicant’s weekly income is to be determined —
i
in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
in a case where that period is three months, by multiplying the amount of the payment by 4 and dividing the product by 52;
iii
in a case where that period is a year, by dividing the amount of the payment by 52;
iv
in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.
2
Sub-paragraph (3) applies where —
a
the applicant’s regular pattern of work is such that he does not work the same hours every week; or
b
the amount of the applicant’s income fluctuates and has changed more than once.
3
The weekly amount of that applicant’s income is to be determined —
a
if, in a case to which sub-paragraph (2)(a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the applicant does no work, those periods but disregarding any other absences); or
b
in any other case, on the basis of —
i
the last two payments if those payments are one month or more apart;
ii
the last four payments if the last two payments are less than one month apart; or
iii
calculating or estimating such other payments as may, in the particular circumstances of the case, enable the applicant’s average weekly income to be determined more accurately.
4
For the purposes of sub-paragraph (3)(b) the last payments are the last payments before the date the application was made or treated as made.
5
If the applicant is entitled to receive a payment to which sub-paragraph (6) applies, the amount of that payment is to be treated as if made in respect of a period of a year.
6
This sub-paragraph applies to —
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; and
c
any payment which is made on an occasional basis.
7
The period under which any benefit under the benefit Acts is to be taken into account is to be the period in respect of which that benefit is payable.
8
Where payments are made in a currency other than Sterling, the value of the payment is to be determined by taking the Sterling equivalent on the date the payment is made.
9
The sums specified in Schedule 5 are to be disregarded in calculating —
a
the applicant’s earnings; and
b
any amount to which sub-paragraph (6) applies where the applicant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in sub-paragraph (6)(b).
10
For the purposes of sub-paragraph (9)(b), and for that purpose only, the amounts specified in sub-paragraph (6) is to be treated as though they were earnings.
11
Income specified in Schedule 6 is to be disregarded in the calculation of the applicant’s income.
12
Schedule 9 (capital disregards: pensioners) has effect so that —
a
the capital specified in Part 1 is disregarded for the purpose of determining an applicant’s income; and
b
the capital specified in Part 2 is disregarded for the purpose of determining an applicant’s income under paragraph 71 (calculation of tariff income from capital: pensioners).
13
In the case of any income taken into account for the purpose of calculating a person’s income any amount payable by way of tax is disregarded.
Earnings of employed earners: pensioners
41
1
Subject to sub-paragraph (2), “earnings”, in the case of employment as an employed earner who is a pensioner, means any remuneration or profit derived from that employment and includes —
a
any bonus or commission;
b
any payment in lieu of remuneration except any periodic sum paid to an applicant on account of the termination of his employment by reason of redundancy;
c
any payment in lieu of notice;
d
any holiday pay;
e
any payment by way of a retainer;
f
any payment made by the applicant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the applicant’s employer in respect of —
i
travelling expenses incurred by the applicant between his home and place of employment;
ii
expenses incurred by the applicant under arrangements made for the care of a member of his family owing to the applicant’s absence from home;
g
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 ;
h
statutory sick pay and statutory maternity pay payable by the employer under the SSCBA;
i
statutory paternity pay payable under Part 12ZA of that Act;
j
statutory adoption pay payable under Part 12ZB of that Act;
k
any sums payable under a contract of service —
i
for incapacity for work due to sickness or injury; or
ii
by reason of pregnancy or confinement.
2
Earnings does not include —
a
subject to sub-paragraph (3), any payment in kind;
b
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
c
any occupational pension;
d
any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme;
e
any payment of compensation made pursuant to an award by an employment tribunal established under the Employment Tribunals Act 1996 in respect of unfair dismissal or unlawful discrimination;
f
any payment in respect of expenses arising out of the applicant’s participation in a service user group.
3
Sub-paragraph (2)(a) does not apply in respect of any non-cash voucher referred to in sub-paragraph (1)(g).
Calculation of net earnings of employed earners: pensioners
42
1
For the purposes of paragraph 57 (calculation of income on a weekly basis), the earnings of an applicant who is a pensioner derived or likely to be derived from employment as an employed earner to be taken into account must, subject to paragraph 40(5) and Schedule 5 (sums to be disregarded from earnings: pensioners), be his net earnings.
2
For the purposes of sub-paragraph (1) net earnings must, except where sub-paragraph (5) applies, be calculated by taking into account the gross earnings of the applicant from that employment over the assessment period, less —
a
any amount deducted from those earnings by way of —
i
income tax;
ii
primary Class 1 contributions under the SSCBA;
b
one-half of any sum paid by the applicant by way of a contribution towards an occupational pension scheme;
c
one-half of the amount calculated in accordance with sub-paragraph (4) in respect of any qualifying contribution payable by the applicant; and
d
where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay, statutory maternity pay, ordinary or additional statutory paternity pay or statutory adoption pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the SSCBA.
3
In this paragraph “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.
4
The amount in respect of any qualifying contribution is to be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this paragraph the daily amount of the qualifying contribution is to be determined —
a
where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
5
Where the earnings of an applicant are determined under paragraph 40(2)(b) (calculation of weekly income: pensioners) his net earnings is to be calculated by taking into account those earnings over the assessment period, less —
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax applicable to the assessment period less only the personal relief to which the applicant is entitled under sections 35 to 37 the Income Tax Act 2007 (personal allowances) as is appropriate to his circumstances but, if the assessment period is less than a year, the earnings to which the basic rate of tax is to be applied and the amount of the personal relief deductible under this sub-paragraph is to be calculated on a pro rata basis;
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the SSCBA in respect of those earnings if such contributions were payable; and
c
one-half of any sum which would be payable by the applicant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
Calculation of earnings of self-employed earners: pensioners
43
1
Where the earnings of an applicant who is a pensioner consist of earnings from employment as a self-employed earner, the weekly amount of his earnings is to be determined by reference to his average weekly earnings from that employment —
a
over a period of one year; or
b
where the applicant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period (“computation period”) as may, in the particular case, enable the weekly amount of his earnings to be determined more accurately.
2
For the purposes of determining the weekly amount of earnings of an applicant to whom sub-paragraph (1)(b) applies, his earnings over the computation period are to be divided by the number equal to the number of days in that period and the product multiplied by 7.
3
The period over which the weekly amount of an applicant’s earnings is calculated in accordance with this paragraph is to be his assessment period.
Earnings of self-employers earners: pensioners
44
1
Subject to sub-paragraph (2), “earnings”, in the case of employment as a self-employed earner who is a pensioner, means the gross income of the employment.
2
“Earnings” in the case of employment as a self-employed earner does not include —
a
where an applicant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation for which payment is made, those payments;
b
any payment made by a local authority to an applicant —
i
with whom a person is accommodated by virtue of arrangements made under section 22C or 23(2)(a) of the Children Act 1989 or, as the case may be, section 26(1) of the Children (Scotland) Act 1995 ; or
ii
with whom a local authority fosters a child under the Looked After Children (Scotland) Regulations 2009 or who is a kinship carer under those Regulations;
c
any payment made by a voluntary organisation in accordance with section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations);
d
any payment made to the applicant or his partner for a person (“the person concerned”) who is not normally a member of the applicant’s household but is temporarily in his care, by —
i
a local authority but excluding payments of housing benefit made in respect of the person concerned;
ii
a voluntary organisation;
iii
the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 ;
iv
the National Health Service Commissioning Board or a clinical commissioning group established under section 14D of the National Health Service Act 2006 ; or
v
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;
e
any sports award.
Notional income: pensioners
45
1
An applicant who is a pensioner is to be treated as possessing —
a
subject to sub-paragraph (2), the amount of any retirement pension income —
i
for which no claim has been made; and
ii
to which he might expect to be entitled if a claim for it were made;
b
income from an occupational pension scheme which the applicant elected to defer.
2
Sub-paragraph (1)(a) does not apply to the following where entitlement has been deferred —
a
a Category A or Category B retirement pension payable under sections 43 to 55 of the SSCBA;
b
a shared additional pension payable under section 55A of the SSCBA;
c
graduated retirement benefit payable under sections 36 and 37 of the National Insurance Act 1965 .
3
For the purposes of sub-paragraph (2), entitlement has been deferred —
a
in the case of a Category A or Category B pension, in the circumstances specified in section 55(3) of the SSCBA;
b
in the case of a shared additional pension, in the circumstances specified in section 55C(3) of the SSCBA; and
c
in the case of graduated retirement benefit, in the circumstances specified in section 36(4) and (4A) of the National Insurance Act 1965.
4
This sub-paragraph applies where a person who has attained the qualifying age for state pension credit —
a
is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;
b
fails to purchase an annuity with the funds available in that scheme; and
c
either —
i
defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder, or
ii
fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme.
5
Where sub-paragraph (4) applies, the amount of any income foregone is to be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.
6
The amount of any income foregone in a case where sub-paragraph (4)(c)(i) or (ii) applies is to be the maximum amount of income which may be withdrawn from the fund and must be determined by the authority, taking account of information provided by the pension fund holder.
7
The amount of any income foregone in a case where sub-paragraph (4)(c)(iii) applies is to be the income that the applicant could have received without purchasing an annuity had the funds held under the relevant scheme been held under a personal pension scheme or occupational pension scheme where income withdrawal was available and is to be determined in the manner specified in sub-paragraph (6).
8
In sub-paragraph (4), “money purchase benefits” has the same meaning as in the Pension Schemes Act 1993.
9
Subject to sub-paragraphs (10) and (12), a person is to be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to a reduction under this scheme or increasing the amount of the reduction.
10
Sub-paragraph (9) does not apply in respect of the amount of an increase of pension or benefit where a person, having made an election in favour of that increase of pension or benefit under Schedule 5 or 5A to the SSCBA or under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 , changes that election in accordance with regulations made under Schedule 5 or 5A to that Act in favour of a lump sum.
11
In sub-paragraph (10), “lump sum” means a lump sum under Schedule 5 or 5A to the SSCBA or under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005.
12
Sub-paragraph (9) does not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the applicant’s participation in a service user group.
13
Where an applicant is in receipt of any benefit under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, the authority must treat the applicant as possessing such benefit at the altered rate from either 1st April or the first Monday in April in that year, whichever date the authority selects to apply, to the date on which the altered rate is to take effect.
14
In the case of an applicant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where the authority treats the applicant as possessing any benefit at the altered rate in accordance with sub-paragraph (13), the authority must —
a
determine the income and capital of that applicant in accordance with paragraph 36(1) (calculation of applicant’s income in savings credit only cases: pensioners) where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter; and
b
treat that applicant as possessing such income and capital at the altered rate by reference to the date selected by the relevant authority to apply in its area, for the purposes of establishing the period referred to in sub-paragraph (13).
15
For the purposes of sub-paragraph (9), a person is not to be regarded as depriving himself of income where —
a
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme, and
b
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004 .
16
In sub-paragraph (15), “registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.
Income paid to third parties: pensioners
46
1
Any payment of income, other than a payment specified in sub-paragraph (2) or (3), to a third party in respect of an applicant who is a pensioner is to be treated as possessed by the applicant.
2
Sub-paragraph (1) does not apply in respect of a payment of income made under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where —
a
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 ;
b
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
c
the person referred to in paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.
3
Sub-paragraph (1) does not apply in respect of any payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the applicant’s participation in a service user group.
CHAPTER 5
Income: persons who are not pensioners
Average weekly earnings of employed earners: persons who are not pensioners
47
1
Where the income of an applicant who is not a pensioner consists of earnings from employment as an employed earner his average weekly earnings must be estimated by reference to his earnings from that employment —
a
over a period immediately preceding the reduction week in which the application is made or treated as made and being a period of —
i
5 weeks, if he is paid weekly; or
ii
2 months, if he is paid monthly; or
b
whether or not paragraph (a)(i) or (ii) applies, where an applicant’s earnings fluctuate, over such other period preceding the reduction week in which the application is made or treated as made as may, in any particular case, enable his average weekly earnings to be estimated more accurately.
2
Where the applicant has been in his employment for less than the period specified in sub-paragraph (1)(a)(i) or (ii) —
a
if he has received any earnings for the period that he has been in that employment and those earnings are likely to represent his average weekly earnings from that employment his average weekly earnings must be estimated by reference to those earnings;
b
in any other case, the authority must estimate the applicant’s average weekly earnings .
3
Where the amount of an applicant’s earnings changes the authority must estimate his average weekly earnings by reference to his likely earnings from the employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period must not in any case exceed 52 weeks.
4
For the purposes of this paragraph the applicant’s earnings are to be calculated in accordance with paragraphs 51 and 52 (earnings of employed earners: persons who are not pensioners).
Average weekly earnings of self-employed earners: persons who are not pensioners
48
1
Where the income of an applicant who is not a pensioner consists of earnings from employment as a self-employed earner his average weekly earnings must be estimated by reference to his earnings from that employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period must not in any case exceed a year.
2
For the purposes of this paragraph the applicant’s earnings must be calculated in accordance with paragraphs 53, 61 and 62 (earnings, and net profit, of self-employed earners).
Average weekly income other than earnings: persons who are not pensioners
49
1
The income of an applicant who is not a pensioner which does not consist of earnings must, except where sub-paragraph (2) applies, be estimated over such period as is appropriate in order that his average weekly income may be estimated accurately but the length of the period must not in any case exceed 52 weeks; and nothing in this paragraph authorises an authority to disregard any such income other than that specified in Schedule 8 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners).
2
The period over which any benefit under the benefit Acts is to be taken into account is to be the period in respect of which that benefit is payable.
3
For the purposes of this paragraph income other than earnings is to be calculated in accordance with paragraph 54 (calculation of income other than earnings: persons who are not pensioners).
Calculation of weekly income of employed earners: persons who are not pensioners
50
1
For the purposes of paragraphs 47 (average weekly earnings of employed earners), 49 (average weekly income other than earnings) and 59 (calculation of average weekly income from tax credits), where the period in respect of which a payment is made —
a
does not exceed a week, the weekly amount is to be the amount of that payment;
b
exceeds a week, the weekly amount is to be determined —
i
in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
in any other case, by dividing the amount of the payment by the number equal to the number of days in the period to which it relates and multiplying the product by 7.
2
For the purposes of paragraph 48 (average weekly earnings of self-employed earners) the weekly amount of earnings of an applicant is to be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the product by 7.
Earnings of employed earners: persons who are not pensioners
51
1
Subject to sub-paragraph (2), “earnings”, in the case of employment as an employed earner of a person who is not a pensioner, means any remuneration or profit derived from that employment and includes —
a
any bonus or commission;
b
any payment in lieu of remuneration except any periodic sum paid to an applicant on account of the termination of his employment by reason of redundancy;
c
any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only in so far as it represents loss of income;
d
any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;
e
any payment by way of a retainer;
f
any payment made by the applicant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the applicant’s employer in respect of —
i
travelling expenses incurred by the applicant between his home and place of employment;
ii
expenses incurred by the applicant under arrangements made for the care of a member of his family owing to the applicant’s absence from home;
g
any award of compensation made under section 112(4) or 117(3)(a) of the Employment Rights Act 1996 (remedies and compensation for unfair dismissal);
h
any payment or remuneration made under section 28, 34, 64, 68 or 70 of the Employment Rights Act 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to employment tribunals);
i
any such sum as is referred to in section 112 of the SSCBA (certain sums to be earnings for social security purposes);
j
any statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, or a corresponding payment under any enactment having effect in Northern Ireland;
k
any remuneration paid by or on behalf of an employer to the applicant who for the time being is on maternity leave, paternity leave or adoption leave or is absent from work because he is ill;
l
the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001.
2
Earnings does not include —
a
subject to sub-paragraph (3), any payment in kind;
b
any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;
c
any occupational pension;
d
any payment in respect of expenses arising out of the applicant’s participation in a service user group.
3
Sub-paragraph (2)(a) does not apply in respect of any non-cash voucher referred to in sub-paragraph (1)(l).
Calculation of net earnings of employed earners: persons who are not pensioners
52
1
For the purposes of paragraph 47 (average weekly earnings of employed earners: persons who are not pensioners), the earnings of an applicant who is not a pensioner derived or likely to be derived from employment as an employed earner to be taken into account must, subject to sub-paragraph (2), be his net earnings.
2
There is to be disregarded from an applicant’s net earnings, any sum, where applicable, specified in paragraphs 1 to 16 of Schedule 7 (sums disregarded in the calculation of earnings: persons who are not pensioners).
3
For the purposes of sub-paragraph (1) net earnings must, except where sub-paragraph (6) applies, be calculated by taking into account the gross earnings of the applicant from that employment over the assessment period, less —
a
any amount deducted from those earnings by way of —
i
income tax;
ii
primary Class 1 contributions under the SSCBA;
b
one-half of any sum paid by the applicant by way of a contribution towards an occupational pension scheme;
c
one-half of the amount calculated in accordance with sub-paragraph (5) in respect of any qualifying contribution payable by the applicant; and
d
where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the SSCBA.
4
In this paragraph “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.
5
The amount in respect of any qualifying contribution is to be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this paragraph the daily amount of the qualifying contribution is to be determined —
a
where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
6
Where the earnings of an applicant are estimated under paragraph 47(2)(b) (average weekly earnings of employed earners: classes D to F), his net earnings is to be calculated by taking into account those earnings over the assessment period, less —
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax applicable to the assessment period less only the personal relief to which the applicant is entitled under sections 35 to 37 of the Income Tax Act 2007 (personal allowances) as is appropriate to his circumstances but, if the assessment period is less than a year, the earnings to which the basic rate of tax is to be applied and the amount of the personal relief deductible under this sub-paragraph is to be calculated on a pro rata basis;
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the SSCBA in respect of those earnings if such contributions were payable; and
c
one-half of any sum which would be payable by the applicant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
Earnings of self-employed earners: persons who are not pensioners
53
1
Subject to sub-paragraph (2), “earnings”, in the case of employment as a self-employed earner of a person who is not a pensioner, means the gross income of the employment.
2
“Earnings” does not include any payment to which paragraph 31 or 32 of Schedule 8 refers (payments in respect of a person accommodated with the applicant under arrangements made by a local authority or voluntary organisation and payments made to the applicant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the applicant’s care) nor does it include any sports award.
3
This paragraph applies to —
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the applicant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
4
Where the applicant’s earnings consist of any items to which sub-paragraph (3) applies, those earnings must be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction is to be treated as a corresponding fraction of a week) by dividing the earnings by —
a
the amount of reduction under this scheme to which the applicant would have been entitled had the payment not been made, plus
b
an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 7 (sums disregarded in the calculation of earnings: persons who are not pensioners) as appropriate in the applicant’s case.
Calculation of income other than earnings: persons who are not pensioners
54
1
For the purposes of paragraph 49 (average weekly income other than earnings: persons who are not pensioners), the income of an applicant who is not a pensioner which does not consist of earnings to be taken into account must, subject to sub-paragraphs (2) to (8), be his gross income and any capital treated as income under paragraph 55 (capital treated as income: persons who are not pensioners).
2
There is to be disregarded from the calculation of an applicant’s gross income under sub-paragraph (1), any sum, where applicable, specified in Schedule 8.
3
Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under sub-paragraph (1) must be the gross amount payable.
4
Where the applicant or, where he is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations 2008 , the amount of that benefit to be taken into account is the amount as if it had not been reduced.
5
Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under sub-paragraph (1) is to be the amount of working tax credit or child tax credit awarded less the amount of that deduction.
6
Sub-paragraphs (7) and (8) apply where —
a
a relevant payment has been made to a person in an academic year; and
b
that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
7
Where a relevant payment is made quarterly, the amount of a relevant payment to be taken into account for the assessment period for the purposes of sub-paragraph (1) in respect of a person to whom sub-paragraph (7) applies, is to be calculated by applying the formula —
(
A
−
(
B
×
C
)
)
/
D
Where
A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under paragraph 81(5) (costs of travel, books and equipment);
B = the number of reduction weeks from the reduction week immediately following that which includes the first day of that academic year to the reduction week which includes the day on which the person abandoned, or was dismissed from, his course;
C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under paragraph 81(2) (treatment of student loans) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to a reduction under this scheme immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to housing benefit;
D = the number of reduction weeks in the assessment period.
8
Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of sub-paragraph (1) in respect of a person to whom sub-paragraph (7) applies, is to be calculated by applying the formula in sub-paragraph (8) but as if —
A = the total amount of relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under paragraph 81(5).
9
In this paragraph —
“academic year” and “student loan” have the same meanings as in Part 11 (students);
“assessment period” means —
in a case where a relevant payment is made quarterly, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the reduction week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the reduction week which includes —
the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or
the last day of the last quarter for which an instalment of the relevant payment was payable to that person,
whichever of those dates is earlier;
“quarter” in relation to an assessment period means a period in that year beginning on —
1st January and ending on 31st March;
1st April and ending on 30th June;
1st July and ending on 31st August; or
1st September and ending on 31st December;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in paragraph 76(7) or both.
10
For the avoidance of doubt there must be included as income to be taken into account under sub-paragraph (1) —
a
any payment to which paragraph 41(2) or 51(2) (payments not earnings) applies; or
b
in the case of an applicant who is receiving support under section 95 or 98 of the Immigration and Asylum Act 1999 including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the applicant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act 1999.
Capital treated as income: persons who are not pensioners
55
1
Any capital payable by instalments which are outstanding at the date on which the application is made or treated as made, or, at the date of any subsequent revision or supersession, must, if the aggregate of the instalments outstanding and the amount of the applicant’s capital otherwise calculated in accordance with Chapter 7 of this Part exceeds £16,000, be treated as income.
2
Any payment received under an annuity is to be treated as income.
3
Any earnings to the extent that they are not a payment of income is to be treated as income.
4
Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 is to be treated as income.
5
Where an agreement or court order provides that payments must be made to the applicant in consequence of any personal injury to the applicant and that such payments are to be made, wholly or partly, by way of periodic payments, any such periodic payments received by the applicant (but not a payment which is treated as capital by virtue of this Part), is to be treated as income.
Notional income: persons who are not pensioners
56
1
An applicant who is not a pensioner is to be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to a reduction under a council tax reduction scheme or increasing the amount of the reduction.
2
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury;
c
a personal pension scheme, occupational pension scheme or a payment made by the Board of the Pension Protection Fund where the applicant has not attained the qualifying age for state pension credit;
d
any sum to which paragraph 50(2)(a) of Schedule 10 (capital disregards: persons who are not pensioners) applies which is administered in the way referred to in paragraph 50(1)(a);
e
any sum to which paragraph 51(a) of Schedule 10 refers;
f
rehabilitation allowance made under section 2 of the Employment and Training Act 1973;
g
child tax credit;
h
working tax credit, or
i
any sum to which sub-paragraph (11) applies,
any income which would become available to the applicant upon application being made, but which has not been acquired by him, is to be treated as possessed by the applicant but only from the date on which it could be expected to be acquired were an application made.
3
Any payment of income, other than a payment of income specified in sub-paragraph (4), made —
a
to a third party in respect of a single applicant or a member of the family (but not a member of the third party’s family) must, where that payment is a payment of an occupational pension, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, be treated as possessed by that single applicant or, as the case may be, by that member;
b
to a third party in respect of a single applicant or in respect of a member of the family (but not a member of the third party’s family) must, where it is not a payment referred to in paragraph (a), be treated as possessed by that single applicant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single applicant or, as the case may be, of any member of that family or is used for any council tax or water charges for which that applicant or member is liable;
c
to a single applicant or a member of the family in respect of a third party (but not in respect of another member of that family) must be treated as possessed by that single applicant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
4
Sub-paragraph (3) does not apply in respect of a payment of income made —
a
under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006);
b
pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal);
c
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 ;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
iii
in the Intense Activity Period specified in regulation 75(1)(a)(iv) of those Regulations;
iv
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations; or
v
in the Flexible New Deal specified in regulation 75(1)(a)(v) of those Regulations;
d
in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;
e
in respect of a person’s participation in the Mandatory Work Activity Scheme;
f
in respect of an applicant’s participation in the Employment, Skills and Enterprise Scheme;
g
under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where —
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 ;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in sub-paragraph (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
5
Where an applicant is in receipt of any benefit under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, the authority must treat the applicant as possessing such benefit at the altered rate from either 1st April or the first Monday in April in that year, whichever date the authority selects, to the date on which the altered rate is to take effect.
6
Subject to sub-paragraph (7), where —
a
an applicant performs a service for another person; and
b
that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,
the authority must treat the applicant as possessing such earnings (if any) as is reasonable for that employment unless the applicant satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service.
7
Sub-paragraph (6) does not apply —
a
to an applicant who is engaged by a charitable or voluntary organisation or who is a volunteer if the authority is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with —
i
the applicant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996, other than where the service is performed in connection with the applicant’s participation in the Intense Activity Period specified in regulation 75(1)(a)(iv) of those Regulations; or
ii
the applicant’s or the applicant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; or
c
to an applicant who is participating in a work placement approved by the Secretary of State (or a person providing services to the Secretary of State) before the placement starts.
8
In sub-paragraph (7)(c) “work placement” means practical work experience which is not undertaken in expectation of payment.
9
Where an applicant is treated as possessing any income under any of sub-paragraphs (1) to (8), the foregoing provisions of this Part apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.
10
Where an applicant is treated as possessing any earnings under sub-paragraph (6) the foregoing provisions of this Part apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph 42(2) or 52(3) (calculation of net earnings of employed earners: pensioners and persons who are not pensioners, respectively) do not apply and his net earnings are to be calculated by taking into account those earnings which he is treated as possessing, less —
a
an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the basic rate of tax applicable to the assessment period less only the personal relief to which the applicant is entitled under sections 35 to 37 of the Income Tax Act 2007 (personal allowances) as is appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the basic rate of tax is to be applied and the amount of the personal relief deductible under this sub-paragraph is to be calculated on a pro rata basis;
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the SSCBA in respect of those earnings if such contributions were payable; and
c
one-half of any sum payable by the applicant by way of a contribution towards an occupational or personal pension scheme.
11
Sub-paragraphs (1), (2), (3) and (6) do not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the applicant’s participation in a service user group.
CHAPTER 6
Income: further provisions applying to pensioners and persons who are not pensioners
Calculation of income on a weekly basis
57
1
Subject to paragraph 60 (disregard of changes in tax, etc.), the income of an applicant is to be calculated on a weekly basis —
a
by estimating the amount which is likely to be his average weekly income in accordance with this Part;
b
by adding to that amount the weekly income calculated —
i
if the applicant is a pensioner, under paragraph 71 (tariff income: pensioners);
ii
if the applicant is a person who is not a pensioner, under paragraph 72 (tariff income: persons who are not pensioners); and
c
deducting from the sum of paragraphs (a) and (b) any relevant child care charges to which paragraph 58 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in sub-paragraph (2) are met, from those earnings plus whichever credit specified in paragraph (b) of that sub-paragraph is appropriate, up to a maximum deduction in respect of the applicant’s family of whichever of the sums specified in sub-paragraph (3) applies in his case.
2
The conditions of this paragraph are that —
a
the applicant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in sub-paragraph (3) otherwise applies in his case; and
b
that applicant or, if he is a member of a couple either the applicant or his partner, is in receipt of either working tax credit or child tax credit.
3
The maximum deduction to which sub-paragraph (1)(c) above refers is to be —
a
where the applicant’s family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;
b
where the applicant’s family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.
Treatment of child care charges
58
1
This paragraph applies where an applicant (within the meaning in this paragraph) is incurring relevant child care charges and —
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other —
i
is incapacitated;
ii
is an in-patient in hospital; or
iii
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
2
For the purposes of sub-paragraph (1) and subject to sub-paragraph (4), a person to whom sub-paragraph (3) applies must be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he —
a
is paid statutory sick pay;
b
is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the SSCBA;
c
is paid an employment and support allowance;
d
is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support (General) Regulations 1987 ; or
e
is credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
3
This sub-paragraph applies to a person who was engaged in remunerative work immediately before —
a
the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit, an employment and support allowance or income support on the grounds of incapacity for work; or
b
the first day of the period in respect of which earnings are credited,
as the case may be.
4
In a case to which sub-paragraph (2)(d) or (e) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
5
Relevant child care charges are those charges for care to which sub-paragraphs (6) and (7) apply, and are to be calculated on a weekly basis in accordance with sub-paragraph (10).
6
The charges are paid by the applicant for care which is provided —
a
in the case of any child of the applicant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or
b
in the case of any child of the applicant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.
7
The charges are paid for care which is provided by one or more of the care providers listed in sub-paragraph (8) and are not paid —
a
in respect of the child’s compulsory education;
b
by an applicant to a partner or by a partner to an applicant in respect of any child for whom either or any of them is responsible in accordance with paragraph 7 (circumstances in which a person is treated as responsible or not responsible for another); or
c
in respect of care provided by a relative of the child wholly or mainly in the child’s home.
8
The care to which sub-paragraph (7) refers may be provided —
a
out of school hours, by a school on school premises or by a local authority —
i
for children who are not disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday; or
ii
for children who are disabled in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday; or
b
by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999 ; or
c
by persons registered under Part 2 of the Children and Families (Wales) Measure 2010 ; or
d
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010 ; or
e
by —
i
persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010 ; or
ii
local authorities registered under section 83(1) of that Act,
where the care provided is child minding or day care of children within the meaning of that Act; or
f
by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002; or
g
by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006 ; or
h
by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or
i
by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or
j
by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or
k
by a foster parent or kinship carer under the Fostering Services Regulations 2011 , the Fostering Services (Wales) Regulations 2003 or the Looked After Children (Scotland) Regulations 2009 in relation to a child other than one whom the foster parent is fostering or kinship carer is looking after; or
l
by a provider of personal care within the meaning of paragraph 1 of Schedule 1 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and being a regulated activity prescribed by those Regulations; or
m
by a person who is not a relative of the child wholly or mainly in the child’s home.
9
In sub-paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year.
10
Relevant child care charges must be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.
11
For the purposes of sub-paragraph (1)(c) the other member of a couple is incapacitated where —
a
the applicant is a pensioner and the other member of the couple is aged not less than 80;
b
the applicant is a pensioner and the other member of the couple is aged less than 80, and —
i
the additional condition specified in paragraph 10 of Schedule 3 (additional condition for the disability premium) to this scheme is treated as applying in his case; and
ii
he satisfies that conditions or would satisfy it but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the SSCBA;
c
the applicant is not a pensioner, the applicant’s applicable amount includes a disability premium on account of the other member’s incapacity or the support component or the work-related activity component on account of his having limited capability for work;
d
the applicant is not a pensioner, the applicant’s applicable amount would include a disability premium on account of the other member’s incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the SSCBA;
e
the applicant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations 2008;
f
he is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days must be treated as one continuous period;
g
he is, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations 2008 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
h
there is payable in respect of him one or more of the following pensions or allowances —
i
long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the SSCBA;
ii
attendance allowance under section 64 of the SSCBA;
iii
severe disablement allowance under section 68 of the SSCBA;
iv
disability living allowance under section 71 of the SSCBA;
v
personal independence payment;
vi
an AFIP;
vii
increase of disablement pension under section 104 of the SSCBA;
viii
a pension increase paid as part of a war disablement pension or under an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under sub-paragraph (ii), (iv), (v) or (vii) above;
ix
main phase employment and support allowance;
i
a pension or allowance to which sub-paragraph (vii) or (viii) of paragraph (h) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient, which in this paragraph means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;
j
an attendance allowance under section 64 of the SSCBA or disability living allowance would be payable to that person but for —
i
a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
ii
an abatement as a consequence of hospitalisation;
k
the daily living component of personal independence payment would be payable to that person but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012 (hospital in-patients);
l
an AFIP would be payable to that person but for any suspension of payment in accordance with any terms of the armed and reserve forces compensation scheme which allow for a suspension because a person is undergoing medical treatment in a hospital or similar institution;
m
paragraph (h), (i), (j) or (k) would apply to him if the legislative provisions referred to in those paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or
n
he has an invalid carriage or other vehicle provided to him by the Secretary of State or a clinical commissioning group under paragraph 9 of Schedule 1 to the National Health Service Act 2006 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health, Social Services and Public Safety in Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
12
For the purposes of sub-paragraph (11), once sub-paragraph (11)(f) applies to the person, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that sub-paragraph is, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter to apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
13
For the purposes of sub-paragraph (11), once sub-paragraph (11)(g) applies to the person, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
14
For the purposes of sub-paragraphs (6) and (8)(a), a person is disabled if he is a person —
a
to whom an attendance allowance or the care component of disability allowance is payable or would be payable but for —
i
a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
ii
an abatement as a consequence of hospitalisation;
b
to whom the daily living component of personal independence payment is payable or would be payable but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012 (hospital in-patients);
c
who is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994; or
d
who ceased to be registered as blind in such a register within the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding that person’s sixteenth birthday.
15
For the purposes of sub-paragraph (1) a person on maternity leave, paternity leave or adoption leave is to be treated as if he is engaged in remunerative work for the period specified in sub-paragraph (16) (“the relevant period”) provided that —
a
in the week before the period of maternity leave, paternity leave or adoption leave began he was in remunerative work;
b
the applicant is incurring relevant child care charges within the meaning of sub-paragraph (5); and
c
he is entitled to either statutory maternity pay under section 164 of the SSCBA , ordinary statutory paternity pay by virtue of section 171ZA or 171ZB of that Act, additional statutory paternity pay by virtue of section 171ZEA or 171ZEB of that Act, statutory adoption pay by of section 171ZL of that Act, maternity allowance under section 35 of that Act or qualifying support.
16
For the purposes of sub-paragraph (15) the relevant period begins on the day on which the person’s maternity, paternity leave or adoption leave commences and ends on —
a
the date that leave ends;
b
if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, ordinary or additional statutory paternity pay or statutory adoption pay ends, the date that entitlement ends; or
c
if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance or qualifying support, statutory maternity pay, ordinary or additional statutory paternity pay or statutory adoption pay ends, the date that entitlement to that award of the child care element of the working tax credit ends,
whichever occurs first.
17
In sub-paragraphs (15) and (16) —
a
“qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B to the Income Support (General) Regulations 1987 ; and
b
“child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act 2002 (child care element).
18
In this paragraph “applicant” does not include an applicant —
a
who has, or
b
who (jointly with his partner) has,
an award of universal credit.
Calculation of average weekly income from tax credits
59
1
This paragraph applies where an applicant receives a tax credit.
2
Where this paragraph applies, the period over which a tax credit is to be taken into account is the period set out in sub-paragraph (3).
3
Where the instalment in respect of which payment of a tax credit is made is —
a
a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;
b
a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;
c
a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;
d
a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.
4
For the purposes of this paragraph “tax credit” means child tax credit or working tax credit.
Disregard of changes in tax, contributions etc.
60
In calculating the applicant’s income the authority may disregard any legislative change —
a
in the basic or other rates of income tax;
b
in the amount of any personal tax relief;
c
in the rates of social security contributions payable under the SSCBA or in the lower earnings limit or upper earnings limit for Class 1 contributions under that Act, the lower or upper limits applicable to Class 4 contributions under that Act or the amount specified in section 11(4) of that Act (small earnings exception in relation to Class 2 contributions);
d
in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the SSCBA;
e
in the maximum rate of child tax credit or working tax credit,
for a period not exceeding 30 reduction weeks beginning with the reduction week immediately following the date from which the change is effective.
Calculation of net profit of self-employed earners
61
1
For the purposes of paragraphs 48 (average weekly earnings of self-employed earners: persons who are not pensioners) and 57 (calculation of income on a weekly basis) the earnings of an applicant to be taken into account must be —
a
in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;
b
in the case of a self-employed earner who is a pensioner whose employment is carried on in partnership, his share of the net profit derived from that employment, less —
i
an amount in respect of income tax and of social security contributions payable under the SSCBA calculated in accordance with paragraph 62 (deduction of tax and contributions of self-employed earners); and
ii
one-half of the amount calculated in accordance with sub-paragraph (11) in respect of any qualifying premium;
c
in the case of a self-employed earner who is not a pensioner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners’ Benefits) Regulations 1975 , his share of the net profit derived from that employment, less —
i
an amount in respect of income tax and of social security contributions payable under the SSCBA calculated in accordance with paragraph 62 (deduction of tax and contributions for self-employed earners); and
ii
one-half of the amount calculated in accordance with sub-paragraph (11) in respect of any qualifying premium.
2
There must be disregarded from the net profit of an applicant who is not a pensioner, any sum, where applicable, specified in paragraphs 1 to 16 of Schedule 7 (sums disregarded in the calculation of earnings: persons who are not pensioners).
3
For the purposes of sub-paragraph (1)(a) the net profit of the employment must, except where sub-paragraph (9) applies, be calculated by taking into account the earnings of the employment over the assessment period less —
a
subject to sub-paragraphs (5) to (8), any expenses wholly and exclusively incurred in that period for the purposes of that employment;
b
an amount in respect of —
i
income tax; and
ii
social security contributions payable under the SSCBA,
calculated in accordance with paragraph 62 (deduction of tax and contributions for self-employed earners); and
c
one-half of the amount calculated in accordance with sub-paragraph (11) in respect of any qualifying premium.
4
For the purposes of sub-paragraph (1)(b) the net profit of the employment is to be calculated by taking into account the earnings of the employment over the assessment period less, subject to sub-paragraphs (5) to (8), any expenses wholly and exclusively incurred in that period for the purposes of the employment.
5
Subject to sub-paragraph (6), no deduction is to be made under sub-paragraph (3)(a) or (4), in respect of —
a
any capital expenditure;
b
the depreciation of any capital asset;
c
any sum employed or intended to be employed in the setting up or expansion of the employment;
d
any loss incurred before the beginning of the assessment period;
e
the repayment of capital on any loan taken out for the purposes of the employment;
f
any expenses incurred in providing business entertainment; and
g
in the case of an applicant who is not a pensioner, any debts, except bad debts proved to be such, but this paragraph does not apply to any expenses incurred in the recovery of a debt.
6
A deduction is to be made under sub-paragraph (3)(a) or (4) in respect of the repayment of capital on any loan used for —
a
the replacement in the course of business of equipment or machinery; or
b
the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair.
7
The authority must refuse to make a deduction in respect of any expenses under sub-paragraph (3)(a) or (4) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.
8
For the avoidance of doubt —
a
a deduction must not be made under sub-paragraph (3)(a) or (4) in respect of any sum unless it has been expended for the purposes of the business;
b
a deduction must be made thereunder in respect of —
i
the excess of any value added tax paid over value added tax received in the assessment period;
ii
any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair;
iii
any payment of interest on a loan taken out for the purposes of the employment.
9
Where an applicant is engaged in employment as a child minder the net profit of the employment is to be one-third of the earnings of that employment, less —
a
an amount in respect of —
i
income tax; and
ii
social security contributions payable under the SSCBA,
calculated in accordance with paragraph 62 (deduction of tax and contributions for self-employed earners); and
b
one-half of the amount calculated in accordance with sub-paragraph (11) in respect of any qualifying premium.
10
For the avoidance of doubt where an applicant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments must not be offset against his earnings in any other of his employments.
11
The amount in respect of any qualifying premium is to be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this paragraph the daily amount of the qualifying premium must be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
12
In this paragraph, “qualifying premium” means any premium which is payable periodically in respect of a personal pension scheme and is so payable on or after the date of application.
Calculation of deduction of tax and contributions of self-employed earners
62
1
The amount to be deducted in respect of income tax under paragraph 61(1)(b)(i), (3)(b)(i) or (9)(a)(i) (calculation of net profit of self-employed earners) must be calculated —
a
on the basis of the amount of chargeable income, and
b
as if that income were assessable to income tax at the basic rate of tax applicable to the assessment period less only the personal relief to which the applicant is entitled under sections 35 to 37 of the Income Tax Act 2007 (personal allowances) as is appropriate to his circumstances.
2
But, if the assessment period is less than a year, the earnings to which the basic rate of tax is to be applied and the amount of the personal reliefs deductible under this paragraph must be calculated on a pro rata basis.
3
The amount to be deducted in respect of social security contributions under paragraph 60(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) is the total of —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the SSCBA at the rate applicable to the assessment period except where the applicant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year applicable to the assessment period; but if the assessment period is less than a year, the amount specified for that tax year must be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of the SSCBA (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable to the assessment period on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year applicable to the assessment period; but if the assessment period is less than a year, those limits must be reduced pro rata.
4
In this paragraph “chargeable income” means —
a
except where paragraph (b) applies, the earnings derived from the employment less any expenses deducted under sub-paragraph (3)(a) or, as the case may be, (5) of paragraph 61;
b
in the case of employment as a child minder, one-third of the earnings of that employment.
CHAPTER 7
Capital
Calculation of capital
63
1
The capital of an applicant to be taken into account must be, subject to sub-paragraph (2), the whole of his capital calculated in accordance with this Part and (in the case of persons who are not pensioners) any income treated as capital under paragraph 64 (income treated as capital: persons who are not pensioners).
2
There must be disregarded from the calculation of an applicant’s capital under sub-paragraph (1), any capital, where applicable, specified in —
a
Schedule 9, in relation to pensioners;
b
Schedule 10, in relation to persons who are not pensioners.
3
In the case of an applicant who is a pensioner, his capital is to be treated as including any payment made to him by way of arrears of —
a
child tax credit;
b
working tax credit;
c
state pension credit,
if the payment was made in respect of a period for the whole or part of which a reduction under this scheme was allowed before those arrears were paid.
4
The capital of a child or young person who is a member of the family of an applicant who is not a pensioner must not be treated as capital of the applicant.
Income treated as capital: persons who are not pensioners
64
1
This paragraph applies in relation to persons who are not pensioners.
2
Any bounty derived from employment to which paragraph 9 of Schedule 7 (sums disregarded in the calculation of earnings: persons who are not pensioners) applies and paid at intervals of at least one year is to be treated as capital.
3
Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E is to be treated as capital.
4
Any holiday pay which is not earnings under paragraph 41(1)(d) or 51(1)(d) (earnings of employed earners) is to be treated as capital.
5
Except any income derived from capital disregarded under paragraphs 4, 5, 7, 11, 17, 30 to 33, 50 or 51 of Schedule 10 (capital disregards: persons who are not pensioners), any income derived from capital is to be treated as capital but only from the date it is normally due to be credited to the applicant’s account.
6
In the case of employment as an employed earner, any advance of earnings or any loan made by the applicant’s employer is to be treated as capital.
7
Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, the Independent Living Fund (2006) or the London Bombings Charitable Relief Fund, is to be treated as capital.
8
There is to be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under the self-employment route, but only in so far as those receipts were payable into a special account during the period in which that person was receiving such assistance.
9
Any arrears of subsistence allowance which are paid to an applicant as a lump sum must be treated as capital.
10
Any arrears of working tax credit or child tax credit must be treated as capital.
Calculation of capital in the United Kingdom
65
Capital which an applicant possesses in the United Kingdom is to be calculated at its current market or surrender value less —
a
where there would be expenses attributable to the sale, 10 per cent; and
b
the amount of any encumbrance secured on it.
Calculation of capital outside the United Kingdom
66
Capital which an applicant possesses in a country outside the United Kingdom must be calculated —
a
in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;
b
in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,
less, where there would be expenses attributable to sale, 10 per cent and the amount of any encumbrances secured on it.
Notional capital
67
1
An applicant is to be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to a reduction or increasing the amount of that reduction except to the extent that that capital is reduced in accordance with paragraph 68 (diminishing notional capital rule).
2
A person who is a pensioner who disposes of capital for the purpose of —
a
reducing or paying a debt owed by the applicant; or
b
purchasing goods or services if the expenditure was reasonable in the circumstances of the applicant’s case,
is to be regarded as not depriving himself of it.
3
Sub-paragraphs (4) to (6) apply in relation to applicants who are not pensioners.
4
Except in the case of —
a
a discretionary trust; or
b
a trust derived from a payment made in consequence of a personal injury; or
c
any loan which would be obtained only if secured against capital disregarded under Schedule 9; or
d
a personal pension scheme, occupational pension scheme or a payment made by the Board of the Pension Protection Fund; or
e
any sum to which paragraph 50(2)(a) of Schedule 10 (capital disregards: persons who are not pensioners) applies which is administered in the way referred to in paragraph 50(1)(a); or
f
any sum to which paragraph 51(a) of Schedule 10 refers; or
g
child tax credit; or
h
working tax credit,
any capital which would become available to the applicant upon application being made, but which has not been acquired by him, is to be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.
5
Any payment of capital, other than a payment of capital specified in sub-paragraph (6), made —
a
to a third party in respect of a single applicant or a member of the family (but not a member of the third party’s family) must, where that payment is a payment of an occupational pension, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, be treated as possessed by that single applicant or, as the case may be, by that member;
b
to a third party in respect of a single applicant or in respect of a member of the family (but not a member of the third party’s family) must, where it is not a payment referred to in paragraph (a), be treated as possessed by that single applicant or by that member to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of that single applicant or, as the case may be, of any member of that family or is used for any council tax or water charges for which that applicant or member is liable;
c
to a single applicant or a member of the family in respect of a third party (but not in respect of another member of the family) must be treated as possessed by that single applicant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.
6
Sub-paragraph (5) does not apply in respect of a payment of capital made —
a
under or by any of the Trusts, the Fund, the Eileen Trust, MFET Limited, the Independent Living Fund (2006), the Skipton Fund, the Caxton Foundation, or the London Bombings Relief Charitable Fund;
b
pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation —
i
in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996;
ii
in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
iii
in the Intense Activity Period specified in regulation 75(1)(a)(iv) of those Regulations;
iv
in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations; or
v
in the Flexible New Deal specified in regulation 75(1)(a)(v) of those Regulations;
c
in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;
d
in respect of a person’s participation in the Mandatory Work Activity Scheme;
e
in respect of an applicant’s participation in the Employment, Skills and Enterprise Scheme;
f
under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where —
i
a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980;
ii
the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and
iii
the person referred to in sub-paragraph (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.
7
Where an applicant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case —
a
the value of his holding in that company must, notwithstanding paragraph 63 (calculation of capital) be disregarded; and
b
he must, subject to sub-paragraph (8), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter apply for the purposes of calculating that amount as if it were actual capital which he does possess.
8
For so long as the applicant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under sub-paragraph (7) is to be disregarded.
9
Where an applicant is treated as possessing capital under any of sub-paragraphs (1), (4) or (5) the foregoing provisions of this Chapter apply for the purposes of calculating its amount as if it were actual capital which he does possess.
Diminishing notional capital rule: pensioners
68
1
Where an applicant who is a pensioner is treated as possessing capital under paragraph 67(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a week that is subsequent to —
i
the relevant week in respect of which the conditions set out in sub-paragraph (2) are satisfied; or
ii
a week which follows that relevant week and which satisfies those conditions,
is to be reduced by an amount determined under sub-paragraph (3);
b
in the case of a week in respect of which sub-paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week; and
ii
that relevant week is a week in which the condition in sub-paragraph (4) is satisfied,
is to be reduced by the amount determined under sub-paragraph (5).
2
This sub-paragraph applies to a reduction week where the applicant satisfies the conditions that —
a
he is in receipt of a reduction under this scheme; and
b
but for paragraph 67(1), he would have received a greater reduction in council tax under this scheme in that week.
3
In a case to which sub-paragraph (2) applies, the amount of the reduction in the amount of capital he is treated as possessing for the purposes of sub-paragraph (1)(a) must be equal to the aggregate of —
a
an amount equal to the additional amount of the reduction in council tax to which sub-paragraph (2)(b) refers;
b
where the applicant has also claimed state pension credit, the amount of any state pension credit or any additional amount of state pension credit to which he would have been entitled in respect of the reduction week to which sub-paragraph (2) refers but for the application of regulation 21(1) of the State Pension Credit Regulations 2002 (notional capital);
c
where the applicant has also claimed housing benefit, the amount of any housing benefit or any additional amount of housing benefit to which he would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 47(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (notional capital);
d
where the applicant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the reduction week to which sub-paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996 (notional capital); and
e
where the applicant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the reduction week to which sub-paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations 2008 (notional capital).
4
Subject to sub-paragraph (7), for the purposes of sub-paragraph (1)(b) the condition is that the applicant is a pensioner and would have been entitled to a reduction in council tax under this scheme in the relevant week but for paragraph 67(1).
5
In such a case the amount of the reduction in the amount of capital he is treated as possessing for the purposes of sub-paragraph (1)(b) is equal to the aggregate of —
a
the amount of the reduction in council tax to which the applicant would have been entitled in the relevant week but for paragraph 67(1);
b
if the applicant would, but for regulation 21 of the State Pension Credit Regulations 2002, have been entitled to state pension credit in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled;
c
if the applicant would, but for regulation 47(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to —
i
in a case where no housing benefit is payable, the amount to which he would have been entitled; or
ii
in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled;
d
if the applicant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled; and
e
if the applicant would, but for regulation 115 of the Employment and Support Allowance Regulations 2008, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled.
6
But if the amount mentioned in paragraph (a), (b), (c), (d) or (e) of sub-paragraph (5) (“the relevant amount”) is in respect of a part-week, the amount that is to be taken into account under that paragraph is to be determined by —
a
dividing the relevant amount by the number equal to the number of days in that part-week, and
b
multiplying the result of that calculation by 7.
7
The amount determined under sub-paragraph (5) is to be re-determined under that sub-paragraph if the applicant makes a further application and the conditions in sub-paragraph (8) are satisfied, and in such a case —
a
paragraphs (a) to (e) of sub-paragraph (5) apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to sub-paragraph (9), the amount as re-determined has effect from the first week following the relevant subsequent week in question.
8
The conditions are that —
a
a further application is made 26 or more weeks after —
i
the date on which the applicant made an application in respect of which he was first treated as possessing the capital in question under paragraph 67(1);
ii
in a case where there has been at least one re-determination in accordance with sub-paragraph (11), the date on which he last made an application which resulted in the weekly amount being re-determined, or
iii
the date on which he last ceased to be entitled to a reduction under this scheme,
whichever last occurred; and
b
the applicant would have been entitled to a reduction under this scheme but for paragraph 67(1).
9
The amount as re-determined pursuant to sub-paragraph (7) must not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount must continue to have effect.
10
For the purposes of this paragraph —
“part-week” —
in relation to an amount mentioned in sub-paragraph (5)(a), means a period of less than a week for which a reduction in council tax under this scheme is allowed;
in relation to an amount mentioned in sub-paragraph (5)(b), means a period of less than a week for which housing benefit is payable;
in relation to an amount mentioned in sub-paragraph (5)(c), (d) or (e), means —
a period of less than a week which is the whole period for which income support, an income-related employment and support allowance or, as the case may be, an income-based jobseeker’s allowance is payable; and
any other period of less than a week for which it is payable;
“relevant week” means the reduction week or part-week in which the capital in question of which the applicant has deprived himself within the meaning of paragraph 67(1) —
was first taken into account for the purpose of determining his entitlement to a reduction; or
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to a reduction on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, a reduction;
and where more than one reduction week is identified by reference to paragraphs (a) and (b) of this definition, the later or latest such reduction week or, as the case may be, the later or latest such part-week is the relevant week;
“relevant subsequent week” means the reduction week or part-week which includes the day on which the further application or, if more than one further application has been made, the last such application was made.
Diminishing notional capital rule: persons who are not pensioners
69
1
Where an applicant who is not a pensioner is treated as possessing capital under paragraph 67(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a week that is subsequent to —
i
the relevant week in respect of which the conditions set out in sub-paragraph (2) are satisfied; or
ii
a week which follows that relevant week and which satisfies those conditions,
is to be reduced by an amount determined under sub-paragraph (3);
b
in the case of a week in respect of which sub-paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week; and
ii
that relevant week is a week in which the condition in sub-paragraph (4) is satisfied,
is to be reduced by the amount determined under sub-paragraph (5).
2
This sub-paragraph applies to a reduction week (or, in the case of persons who are not pensioners, part-week) where the applicant satisfies the conditions that —
a
he is in receipt of a reduction in council tax under this scheme; and
b
but for paragraph 67(1), he would have received a greater reduction in council tax under this scheme in that week.
3
In a case to which sub-paragraph (2) applies, the amount of the reduction in the amount of capital he is treated as possessing for the purposes of sub-paragraph (1)(a) is equal to the aggregate of —
a
an amount equal to the additional amount of the reduction in council tax to which sub-paragraph (2)(b) refers;
b
where the applicant has also claimed housing benefit, the amount of any housing benefit or any additional amount of that benefit to which he would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 49(1) of the Housing Benefit Regulations 2006 (notional capital);
c
where the applicant has also claimed income support, the amount of income support to which he would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 51(1) of the Income Support (General) Regulations 1987 (notional capital);
d
where the applicant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations 1996 (notional capital); and
e
where the applicant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the whole or part of the reduction week to which sub-paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations 2008 (notional capital).
4
Subject to sub-paragraph (7), for the purposes of sub-paragraph (1)(b) the condition is that the applicant is not a pensioner and would have been entitled to a reduction in council tax in the relevant week but for paragraph 67(1).
5
In such a case the amount of the reduction in the amount of capital he is treated as possessing must be equal to the aggregate of —
a
the amount of council tax benefit to which the applicant would have been entitled in the relevant week but for paragraph 67(1);
b
if the applicant would, but for regulation 49(1) of the Housing Benefit Regulations 2006, have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to —
i
in a case where no housing benefit is payable, the amount to which he would have been entitled; or
ii
in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled;
c
if the applicant would, but for regulation 51(1) of the Income Support (General) Regulations 1987, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled;
d
if the applicant would, but for regulation 113 of the Jobseeker’s Allowance Regulations 1996, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled; and
e
if the applicant would, but for regulation 115 of the Employment and Support Allowance Regulations 2008, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled.
6
But if the amount mentioned in paragraph (a), (b), (c), (d) or (e) of sub-paragraph (5) (“the relevant amount”) is in respect of a part-week, the amount that is to be taken into account under that paragraph is to be determined by —
a
dividing the relevant amount by the number equal to the number of days in that part-week, and
b
multiplying the result of that calculation by 7.
7
The amount determined under sub-paragraph (5) is to be re-determined under the appropriate sub-paragraph if the applicant makes a further application and the conditions in sub-paragraph (8) are satisfied, and in such a case —
a
paragraphs (a) to (e) of sub-paragraph (5) apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to sub-paragraph (9), the amount as re-determined has effect from the first week following the relevant subsequent week in question.
8
The conditions are that —
a
a further application is made 26 or more weeks after —
i
the date on which the applicant made an application for a reduction under this scheme in respect of which he was first treated as possessing the capital in question under paragraph 67(1);
ii
in a case where there has been at least one re-determination in accordance with sub-paragraph (7), the date on which he last made an application under this scheme which resulted in the weekly amount being re-determined, or
iii
the date on which he last ceased to be entitled to a reduction under this scheme,
whichever last occurred; and
b
the applicant would have been entitled to a reduction under this scheme but for paragraph 67(1).
9
The amount as re-determined pursuant to sub-paragraph (6) must not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount must continue to have effect.
10
For the purposes of this paragraph —
“part-week” —
in relation to an amount mentioned in sub-paragraph (5)(a), means a period of less than a week for which a reduction under this scheme is allowed;
in relation to an amount mentioned in sub-paragraph (5)(b), means a period of less than a week for which housing benefit is payable;
in relation to an amount mentioned in sub-paragraph (5)(c), (d) or (e), means —
a period of less than a week which is the whole period for which income support, an income-related employment and support allowance or, as the case may be, an income-based jobseeker’s allowance is payable; and
any other period of less than a week for which it is payable;
“relevant week” means the reduction week or part-week in which the capital in question of which the applicant has deprived himself within the meaning of paragraph 67(1) —
was first taken into account for the purpose of determining his entitlement to a reduction; or
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to a reduction on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, a reduction,
and where more than one reduction week is identified by reference to paragraphs (a) and (b) of this definition, the later or latest such reduction week or, as the case may be, the later or latest such part-week is the relevant week;
“relevant subsequent week” means the reduction week or part-week which includes the day on which the further application or, if more than one further application has been made, the last such application was made.
Capital jointly held
70
Except where an applicant possesses capital which is disregarded under paragraph 67(7) (notional capital), where an applicant and one or more persons are beneficially entitled in possession to any capital asset they must be treated, in the absence of evidence to the contrary, as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter apply for the purposes of calculating the amount of capital which the applicant is treated as possessing as if it were actual capital which the applicant does possess.
Calculation of tariff income from capital: pensioners
71
The capital of an applicant who is a pensioner, calculated in accordance with this Part , is to be treated as if it were a weekly income of —
a
£1 for each £500 in excess of £10,000 but not exceeding £16,000; and
b
£1 for any excess which is not a complete £500.
Calculation of tariff income from capital: persons who are not pensioners
72
The capital of an applicant who is not a pensioner, calculated in accordance with this Part , is to be treated as if it were a weekly income of —
a
£1 for each £250 in excess of £6,000 but not exceeding £16,000;
b
£1 for any excess which is not a complete £250.
PART 11
Students
CHAPTER 1
General
Interpretation
73
1
In this Part —
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course is to be considered to begin in the autumn rather than the summer;
“access funds” means —
grants made under section 68 of the Further and Higher Education Act 1992 for the purpose of providing funds on a discretionary basis to be paid to students;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 ;
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, for the purpose of assisting students in financial difficulties;
discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Secretary of State under section 14 of the Education Act 2002 or the Chief Executive of Skills Funding under sections 100 and 101 of the Apprenticeships, Skills, Children and Learning Act 2009 ; or
Financial Contingency Funds made available by the Welsh Ministers;
“college of further education” means a college of further education within the meaning of Part 1 of the Further and Higher Education (Scotland) Act 1992;
“contribution” means —
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses —
the holder of the allowance or bursary;
the holder’s parents;
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he or she were the spouse or civil partner of that parent; or
the holder’s spouse or civil partner;
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;
“covenant income” means the gross income payable to a full-time student under a Deed of Covenant by his parent;
“education authority” means a government department, a local authority as defined in section 579 of the Education Act 1996 (interpretation), a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986, any body which is a research council for the purposes of the Science and Technology Act 1965 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
“full-time course of study” means a full-time course of study which —
is not funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002, the Chief Executive of Skills Funding or by the Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;
is funded in whole or in part by the Secretary of State under section 14 of the Education Act 2002, the Chief Executive of Skills Funding or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
in the case of a course funded by the Secretary of State under section 14 of the Education Act 2002 or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those persons for the delivery of that course; or
in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
is not higher education and is funded in whole or in part by the Scottish Ministers at a college of further education and involves —
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week, according to the number of hours set out in a document signed on behalf of the college;
“full-time student” means a person attending or undertaking a full-time course of study and includes a student on a sandwich course;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds or any payment to which paragraph 16 of Schedule 8 or paragraph 55 of Schedule 10 (allowances and payments for courses of study) applies;
“grant income” means —
any income by way of a grant;
any contribution whether or not it is paid;
“higher education” means higher education within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992;
“last day of the course” means —
in the case of a qualifying course, the date on which the last day of that course falls or the date on which the final examination relating to that course is completed, whichever is the later;
in any other case, the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“period of study” means —
in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either —
the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
in any other case, the day before the start of the normal summer vacation appropriate to his course;
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
“periods of experience” means periods of work experience which form part of a sandwich course;
“qualifying course” means a qualifying course as defined for the purposes of Parts 2 and 4 of the Jobseeker’s Allowance Regulations 1996;
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, as the case may be;
“standard maintenance grant” means —
except where paragraph (b) or (c) applies, in the case of a student attending or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 (“the 2003 Regulations ”) for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3 thereof;
in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority;
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 2003 Regulations other than in sub-paragraph (a) or (b) thereof;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking —
a course of study at an educational establishment; or
a qualifying course;
“student loan” means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 , section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 and includes, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 2007.
2
For the purposes of the definition of “full-time student” in sub-paragraph (1), a person must be regarded as attending or, as the case may be, undertaking a full-time course of study or as being on a sandwich course —
a
subject to sub-paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending —
i
on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
ii
on such earlier date (if any) as he finally abandons the course or is dismissed from it;
b
in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
3
For the purposes of paragraph (a) of sub-paragraph (2), the period referred to in that paragraph includes —
a
where a person has failed examinations or has failed successfully to complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;
b
any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.
4
In sub-paragraph (2), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.
Treatment of students
74
This scheme has effect in relation to students who are not pensioners subject to the following provisions of this Part.
Students who are excluded from entitlement to a reduction under this scheme
75
1
The students who are excluded from entitlement to a reduction under this scheme are, subject to sub-paragraphs (2) and (7) —
a
full-time students, and
b
students who are persons treated as not being in Great Britain .
2
Sub-paragraph (1)(b) does not apply to a student —
a
who is a person on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance;
b
who is a lone parent;
c
whose applicable amount would, but for this paragraph, include the disability premium or severe disability premium;
d
whose applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the SSCBA;
e
who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days must be treated as one continuous period;
f
who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations 2008 for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
g
who has a partner who is also a full-time student, if he or that partner is treated as responsible for a child or young person;
h
who is a single applicant with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989 or, in Scotland, boarded out within the meaning of the Social Work (Scotland) Act 1968;
i
who is —
i
aged under 21 and whose course of study is not a course of higher education,
ii
aged 21 and attained that age during a course of study which is not a course of higher education, or
iii
a qualifying young person or child within the meaning of section 142 of the SSCBA (child and qualifying young person);
j
in respect of whom —
i
a supplementary requirement has been determined under paragraph 9 of Part 2 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003;
ii
an allowance, or as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995, in respect of expenses incurred;
iii
a payment has been made under or by virtue of regulations made under the Teaching and Higher Education Act 1998;
iv
a grant has been made under regulation 13 of the Education (Student Support) Regulations 2005 or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or
v
a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986,
on account of his disability by reason of deafness.
3
Sub-paragraph (2)(i)(ii) only applies to an applicant until the end of the course during which the applicant attained the age of 21.
4
For the purposes of sub-paragraph (2), once sub-paragraph (2)(e) applies to a full-time student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that sub-paragraph must, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable or is treated as remaining incapable, of work.
5
In sub-paragraph (2)(i) the reference to a course of higher education is a reference to a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 .
6
A full-time student to whom sub-paragraph (2)(i) applies must be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment as the case may be.
7
Sub-paragraph (1)(b) does not apply to a full-time student for the period specified in sub-paragraph (8) if —
a
at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is —
i
engaged in caring for another person; or
ii
ill;
b
he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and
c
he is not eligible for a grant or a student loan in respect of the period specified in sub-paragraph (8).
8
The period specified for the purposes of sub-paragraph (7) is the period, not exceeding one year, beginning on the day on which he ceased to be engaged in caring for that person or, as the case may be, the day on which he recovered from that illness and ending on the day before —
a
the day on which he resumes attending or undertaking the course; or
b
the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,
whichever first occurs.
CHAPTER 2
Income
Calculation of grant income
76
1
The amount of a student’s grant income to be taken into account in assessing his income must, subject to sub-paragraphs (2) and (3), be the whole of his grant income.
2
There must be excluded from a student’s grant income any payment —
a
intended to meet tuition fees or examination fees;
b
in respect of the student’s disability;
c
intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
d
on account of the student maintaining a home at a place other than that at which he resides during his course;
e
on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;
f
intended to meet the cost of books and equipment;
g
intended to meet travel expenses incurred as a result of his attendance on the course;
h
intended for the child care costs of a child dependant;
i
of higher education bursary for care leavers made under Part 3 of the Children Act 1989.
3
Where a student does not have a student loan and is not treated as possessing such a loan, there must be excluded from the student’s grant income —
a
the sum of £303 per academic year in respect of travel costs; and
b
the sum of £390 per academic year towards the costs of books and equipment,
whether or not any such costs are incurred.
4
There must also be excluded from a student’s grant income the grant for dependants known as the parents’ learning allowance paid pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or section 22 of the Teaching and Higher Education Act 1998 .
5
Subject to sub-paragraphs (6) and (7), a student’s grant income must be apportioned —
a
subject to sub-paragraph (8), in a case where it is attributable to the period of study, equally between the weeks in that period beginning with the reduction week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the period of study;
b
in any other case, equally between the weeks in the period beginning with the reduction week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.
6
Any grant in respect of dependants paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 must be apportioned equally over the period of 52 weeks or, if there are 53 reduction weeks (including part-weeks) in the year, 53.
7
In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of dependants to which neither sub-paragraph (6) nor paragraph 80(2) (other amounts to be disregarded) applies, must be apportioned over the same period as the student’s loan is apportioned or, as the case may be, would have been apportioned.
8
In the case of a student on a sandwich course, any periods of experience within the period of study must be excluded and the student’s grant income must be apportioned equally between the weeks in the period beginning with the reduction week, the first day of which immediately follows the last day of the period of experience and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the period of study.
Calculation of covenant income where a contribution is assessed
77
1
Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following must be the whole amount of the covenant income less, subject to sub-paragraph (3), the amount of the contribution.
2
The weekly amount of the student’s covenant must be determined —
a
by dividing the amount of income which falls to be taken into account under sub-paragraph (1) by 52 or 53, whichever is reasonable in the circumstances; and
b
by disregarding £5 from the resulting amount.
3
For the purposes of sub-paragraph (1), the contribution must be treated as increased by the amount (if any) by which the amount excluded under paragraph 76(2)(g) falls short of the amount specified in paragraph 7(2) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 (travel expenditure).
Covenant income where no grant income or no contribution is assessed
78
1
Where a student is not in receipt of income by way of a grant the amount of his covenant income must be calculated as follows —
a
any sums intended for any expenditure specified in paragraph 76(2)(a) to (e) necessary as a result of his attendance on the course must be disregarded;
b
any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, must be apportioned equally between the weeks of the period of study;
c
there must be disregarded from the amount so apportioned the amount which would have been disregarded under paragraph 76(2)(f) and (3) had the student been in receipt of the standard maintenance grant; and
d
the balance, if any, must be divided by 52 or 53 whichever is reasonable in the circumstances and treated as weekly income of which £5 must be disregarded.
2
Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenanted income must be calculated in accordance with paragraphs (a) to (d) of sub-paragraph (1), except that —
a
the value of the standard maintenance grant must be abated by the amount of such grant income less an amount equal to the amount of any sums disregarded under paragraph 76(2)(a) to (e); and
b
the amount to be disregarded under sub-paragraph (1)(c) must be abated by an amount equal to the amount of any sums disregarded under paragraph 76(2)(f) and (g) and (3).
Relationship with amounts to be disregarded under Schedule 8
79
No part of a student’s covenant income or grant income is to be disregarded under paragraph 19 of Schedule 8 (disregard of certain charitable and voluntary, etc., payments).
Other amounts to be disregarded
80
1
For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with paragraph 81 (treatment of student loans), any amounts intended for any expenditure specified in paragraph 76(2) (calculation of grant income), necessary as a result of his attendance on the course must be disregarded.
2
But sub-paragraph (1) applies only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under paragraph 76(2) or (3), 77(3), 78(1)(a) or (c) or 81(5) (calculation of grant income, covenant income and treatment of student loans) on like expenditure.
Treatment of student loans
81
1
A student loan is to be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period is to be apportioned equally between the weeks in the period beginning with —
i
except in a case where sub-paragraph (ii) applies, the reduction week, the first day of which coincides with, or immediately follows, the first day of the single academic year;
ii
where the student is required to start attending the course in August or where the course is less than an academic year’s duration, the reduction week, the first day of which coincides with, or immediately follows, the first day of the course,
and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the course;
b
in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year is to be apportioned equally between the weeks in the period —
i
beginning with the reduction week, the first day of which coincides with or immediately follows, the first day of that academic year, and
ii
ending with the reduction week, the last day of which coincides with or immediately precedes, the last day of that academic year,
but excluding any reduction weeks falling entirely within the quarter during which, in the opinion of the authority, the longest of any vacation is taken and for the purposes of this paragraph, “quarter” has the same meaning as for the purposes of the Education (Student Support) Regulations 2005;
c
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year is to be apportioned equally between the weeks in the period beginning with —
i
except in a case where sub-paragraph (ii) applies, the reduction week, the first day of which coincides with, or immediately follows, the first day of that academic year;
ii
where the final academic year starts on 1st September, the reduction week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term,
and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the course;
d
in any other case, the loan is to be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first reduction week in September; or
ii
the reduction week, the first day of which coincides with, or immediately follows the first day of the autumn term,
and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of June,
and, in all cases, from the weekly amount so apportioned £10 is to be disregarded.
3
A student is to be treated as possessing a student loan in respect of an academic year where —
a
a student loan has been made to him in respect of that year; or
b
he could acquire such a loan in respect of that year by taking reasonable steps to do so.
4
Where a student is treated as possessing a student loan under sub-paragraph (3), the amount of the student loan to be taken into account as income must be, subject to sub-paragraph (5) —
a
in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to —
i
the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so; and
ii
any contribution whether or not it has been paid to him;
b
in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if —
i
he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year; and
ii
no deduction in that loan was made by virtue of the application of a means test.
5
There must be deducted from the amount of income taken into account under sub-paragraph (4) —
a
the sum of £303 per academic year in respect of travel costs; and
b
the sum of £390 per academic year towards the cost of books and equipment,
whether or not any such costs are incurred.
6
A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.
Treatment of payments from access funds
82
1
This paragraph applies to payments from access funds that are not payments to which paragraph 85(2) or (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which sub-paragraph (3) applies, must be disregarded as income.
3
Subject to sub-paragraph (4) of this paragraph and paragraph 40 of Schedule 8 (disregards in the calculation of income other than earnings: persons who are not pensioners) —
a
any payments from access funds which are intended and used for an item of food, ordinary clothing or footwear, household fuel, or rent of a single applicant or, as the case may be, of the applicant or any other member of his family, and
b
any payments from access funds which are used for any council tax or water charges for which that applicant or member is liable,
must be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment must be disregarded as income.
Disregard of contribution
83
Where the applicant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant or student loan, the other partner’s income has been taken into account, an amount equal to that contribution must be disregarded for the purposes of assessing that other partner’s income.
Further disregard of student’s income
84
Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant or student loan, the amount taken into account must be disregarded in assessing that student’s income.
Income treated as capital
85
1
Any amount by way of a refund of tax deducted from a student’s covenant income must be treated as capital.
2
An amount paid from access funds as a single lump sum must be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear, household fuel or rent, or which is used for an item other than any council tax or water charges for which that applicant or member is liable, must be disregarded as capital but only for a period of 52 weeks from the date of the payment.
Disregard of changes occurring during summer vacation
86
In calculating a student’s income the authority must disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of his period of study from the date on which the change occurred to the end of that vacation.
PART 12
Extended reductions
CHAPTER 1
Extended reductions: pensioners
Extended reductions: pensioners
87
Paragraphs 88 to 93 apply in relation to applicants who are pensioners.
Extended reductions (qualifying contributory benefits): pensioners
88
1
Except in the case of an applicant who is in receipt of state pension credit, an applicant who is entitled to a reduction under this scheme by virtue of falling within any of classes A to C is entitled to an extended reduction (qualifying contributory benefits) where —
a
the applicant or the applicant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the applicant or the applicant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, those increased earnings or increased number of hours are expected to last five weeks or more;
c
the applicant or the applicant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and
d
the applicant or the applicant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last reduction week in which the applicant, or the applicant’s partner, was entitled to a qualifying contributory benefit.
2
An applicant must be treated as entitled to a reduction under this scheme by virtue of falling within any of classes A to C where —
a
the applicant ceased to be entitled to a reduction under this scheme because the applicant vacated the dwelling in which the applicant was resident;
b
the day on which the applicant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in sub-paragraph (1)(b).
Duration of extended reduction period (qualifying contributory benefits): pensioners
89
1
Where an applicant is entitled to an extended reduction (qualifying contributory benefits), the extended reduction period starts on the first day of the reduction week immediately following the reduction week in which the applicant, or the applicant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of sub-paragraph (1), an applicant or an applicant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended reduction period ends —
a
at the end of a period of four weeks; or
b
on the date on which the applicant who is receiving the extended reduction (qualifying contributory benefits) has no liability for council tax, if that occurs first.
Amount of extended reduction (qualifying contributory benefits): pensioners
90
1
For any week during the extended reduction period the amount of the extended reduction (qualifying contributory benefits) the applicant is entitled to is the greater of —
a
the amount of council tax reduction to which the applicant was entitled by virtue of falling within any of classes A to C in the last reduction week before the applicant or the applicant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of reduction under this scheme to which the applicant would be entitled under by virtue of falling within any of classes A to C for any reduction week during the extended reduction period, if paragraph 88 (extended reductions (qualifying contributory benefits): pensioners) did not apply to the applicant; or
c
the amount of reduction under this scheme to which the applicant’s partner would be entitled by virtue of falling within any of classes A to C, if paragraph 88 did not apply to the applicant.
2
Sub-paragraph (1) does not apply in the case of a mover.
3
Where an applicant is in receipt of an extended reduction (qualifying contributory benefits) under this paragraph and the applicant’s partner makes an application for a reduction under this scheme, the authority must not award a reduction in pursuance of that application during the extended reduction period.
Extended reductions (qualifying contributory benefits) — movers: pensioners
91
1
This paragraph applies —
a
to a mover ; and
b
from the Monday following the day of the move.
2
The amount of the extended reduction (qualifying contributory benefits) awarded from the Monday from which this paragraph applies until the end of the extended reduction period is to be the amount of reduction under this scheme which was payable to the mover for the last reduction week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to a second authority, the extended reduction (qualifying contributory benefits) may take the form of a payment from this authority to —
a
the second authority; or
b
the mover directly.
Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of classes A to C
92
1
Where an applicant’s reduction under this scheme would have ended when the applicant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in paragraph 88(1)(b), that reduction does not cease to have effect until the end of the extended reduction period.
2
Part 13 (when entitlement begins and change of circumstances) does not apply to any extended reduction (qualifying contributory benefits) payable in accordance with paragraph 90(1)(a) or paragraph 91(2) (amount of extended reduction — movers: pensioners).
Continuing reductions where state pension credit claimed: pensioners
93
1
This paragraph applies where —
a
the applicant is entitled to a reduction under this scheme;
b
sub-paragraph (2) is satisfied; and
c
either —
i
the applicant has attained the qualifying age for state pension credit or, if his entitlement to income-based jobseeker’s allowance or income-related employment and support allowance continued beyond that age, has attained the age of 65; or
ii
the applicant’s partner has actually claimed state pension credit.
2
This sub-paragraph is only satisfied if the Secretary of State has certified to the authority that the applicant’s partner has actually claimed state pension credit or that —
a
the applicant’s award of —
i
income support has terminated because the applicant has attained the qualifying age for state pension credit; or
ii
income-based jobseeker’s allowance or income-related employment and support allowance has terminated because the applicant has attained the qualifying age for state pension credit or the age of 65; and
b
the applicant has claimed or is treated as having claimed or is required to make a claim for state pension credit.
3
Subject to sub-paragraph (4), in a case to which this paragraph applies, a person continues to be entitled to a reduction under this scheme for the period of 4 weeks beginning on the day following the day the applicant’s entitlement to income support or, as the case may be, income-based jobseeker’s allowance, income-related employment and support allowance, ceased, if and for so long as the applicant otherwise satisfies the conditions for entitlement to a reduction under this scheme.
4
Where a reduction under this scheme is awarded for the period of 4 weeks in accordance with sub-paragraph (3) above, and the last day of that period falls on a day other than the last day of a reduction week, then a reduction under this scheme must continue to be awarded until the end of the reduction week in which the last day of that period falls.
5
Throughout the period of 4 weeks specified in sub-paragraph (3) and any further period specified in sub-paragraph (4) —
a
the whole of the income and capital of the applicant is to be disregarded;
b
the maximum council tax reduction amount of the applicant is to be that which was applicable in his case immediately before that period commenced.
6
The maximum reduction is to be calculated in accordance with paragraph 29(1) if, since the date it was last calculated —
a
the applicant’s council tax liability has increased; or
b
a change in the deduction under paragraph 30 falls to be made.
CHAPTER 2
Extended reductions: persons who are not pensioners
Extended reductions: persons who are not pensioners
94
Paragraphs 95 to 104 apply in relation to applicants who are not pensioners.
Extended reductions: persons who are not pensioners
95
1
An applicant who is entitled to a reduction under this scheme by virtue of falling within any of classes D to F is entitled to an extended reduction where —
a
the applicant or the applicant’s partner was entitled to a qualifying income-related benefit;
b
entitlement to a qualifying income-related benefit ceased because the applicant or the applicant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, those increased earnings or increased number of hours are expected to last five weeks or more; and
c
the applicant or the applicant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.
2
For the purpose of sub-paragraph (1)(c), an applicant or an applicant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the applicant or the applicant’s partner was not entitled to any of those benefits because the applicant or the applicant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.
3
For the purpose of this paragraph, where an applicant or an applicant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they must be treated as being entitled to and in receipt of jobseeker’s allowance.
4
An applicant must be treated as entitled to a reduction under this scheme by virtue of falling within any of classes D to F where —
a
the applicant ceased to be entitled to a reduction under this scheme because the applicant vacated the dwelling in which the applicant was resident;
b
the day on which the applicant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and
c
entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in sub-paragraph (1)(b).
5
This paragraph does not apply where, on the day before an applicant’s entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations 1987 (remunerative work: housing costs) applied to that applicant.
Duration of extended reduction period: persons who are not pensioners
96
1
Where an applicant is entitled to an extended reduction, the extended reduction period starts on the first day of the reduction week immediately following the reduction week in which the applicant, or the applicant’s partner, ceased to be entitled to a qualifying income-related benefit.
2
For the purpose of sub-paragraph (1), an applicant or an applicant’s partner ceases to be entitled to a qualifying income-related benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended reduction period ends —
a
at the end of a period of four weeks; or
b
on the date on which the applicant to whom the extended reduction is payable has no liability for council tax, if that occurs first.
Amount of extended reduction: persons who are not pensioners
97
1
For any week during the extended reduction period the amount of the extended reduction to which an applicant is entitled is to be the higher of —
a
the amount of the reduction under this scheme to which the applicant was entitled by virtue of falling within any of classes D to F in the last reduction week before the applicant or the applicant’s partner ceased to be entitled to a qualifying income-related benefit;
b
the amount of reduction under this scheme to which the applicant would be entitled by virtue of falling within any of classes D to F for any reduction week during the extended reduction period, if paragraph 95 (extended reductions: persons who are not pensioners) did not apply to the applicant; or
c
the amount of reduction under this scheme to which the applicant’s partner would be entitled by virtue of falling within any of classes D to F, if paragraph 95 did not apply to the applicant.
2
Sub-paragraph (1) does not apply in the case of a mover.
3
Where an applicant is in receipt of an extended reduction under this paragraph and the applicant’s partner makes an application for a reduction under this scheme, no amount of reduction under this scheme is to be awarded by the authority during the extended reduction period.
Extended reductions — movers: persons who are not pensioners
98
1
This paragraph applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended reduction awarded from the Monday from which this paragraph applies until the end of the extended reduction period is to be the amount of reduction under this scheme to which the mover would have been entitled had they, or their partner, not ceased to be entitled to a qualifying income-related benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to a second authority, the extended reduction (qualifying contributory benefits) may take the form of a payment from this authority to —
a
the second authority; or
b
the mover directly.
Relationship between extended reduction and entitlement to a reduction by virtue of classes D to F
99
1
Where an applicant’s entitlement to a reduction under this scheme would have ended when the applicant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in paragraph 95(1)(b), that entitlement does not cease until the end of the extended reduction period.
2
Paragraphs 106 and 107 do not apply to any extended reduction payable in accordance with paragraph 95(1)(a) or 98(2) (amount of extended reduction — movers: persons who are not pensioners).
Extended reductions (qualifying contributory benefits): persons who are not pensioners
100
1
An applicant who is entitled to a reduction under this scheme by virtue of falling within any of classes D to F is entitled to an extended reduction (qualifying contributory benefits) where —
a
the applicant or the applicant’s partner was entitled to a qualifying contributory benefit;
b
entitlement to a qualifying contributory benefit ceased because the applicant or the applicant’s partner —
i
commenced employment as an employed or self-employed earner;
ii
increased their earnings from such employment; or
iii
increased the number of hours worked in such employment,
and that employment is or, as the case may be, those increased earnings or increased number of hours are expected to last five weeks or more;
c
the applicant or the applicant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and
d
the applicant or the applicant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last reduction week in which the applicant, or the applicant’s partner, was entitled to a qualifying contributory benefit.
2
An applicant must be treated as entitled to a reduction under this scheme by virtue of falling within any of classes D to F where —
a
the applicant ceased to be entitled to a reduction under this scheme because the applicant vacated the dwelling in which the applicant was resident;
b
the day on which the applicant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and
c
entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in sub-paragraph (1)(b).
Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners
101
1
Where an applicant is entitled to an extended reduction (qualifying contributory benefits), the extended reduction period starts on the first day of the reduction week immediately following the reduction week in which the applicant, or the applicant’s partner, ceased to be entitled to a qualifying contributory benefit.
2
For the purpose of sub-paragraph (1), an applicant or an applicant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.
3
The extended reduction period ends —
a
at the end of a period of four weeks; or
b
on the date on which the applicant entitled to the extended reduction (qualifying contributory benefits) has no liability for council tax, if that occurs first.
Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners
102
1
For any week during the extended reduction period the amount of the extended reduction (qualifying contributory benefits) payable to an applicant is to be the greater of —
a
the amount of reduction under this scheme to which the applicant was entitled by virtue of falling within any of classes D to F in the last reduction week before the applicant or the applicant’s partner ceased to be entitled to a qualifying contributory benefit;
b
the amount of reduction under this scheme to which the applicant would be entitled by virtue of falling within any of classes D to F for any reduction week during the extended reduction period, if paragraph 100 (extended reductions (qualifying contributory benefits): persons who are not pensioners) did not apply to the applicant; or
c
the amount of reduction under this scheme to which the applicant’s partner would be entitled by virtue of falling within any of classes D to F, if paragraph 100 did not apply to the applicant.
2
Sub-paragraph (1) does not apply in the case of a mover.
3
Where an applicant is in receipt of an extended reduction (qualifying contributory benefits) under this paragraph and the applicant’s partner makes an application for a reduction under this scheme, no amount of reduction may be allowed by the appropriate authority during the extended reduction period.
Extended reductions (qualifying contributory benefits) — movers: persons who are not pensioners
103
1
This paragraph applies —
a
to a mover; and
b
from the Monday following the day of the move.
2
The amount of the extended reduction (qualifying contributory benefit) payable from the Monday from which this paragraph applies until the end of the extended reduction period is to be the amount of reduction under this scheme which was awarded to the mover for the last reduction week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.
3
Where a mover’s liability to pay council tax in respect of the new dwelling is to a second authority, the extended reduction (qualifying contributory benefits) may take the form of a payment from this authority to —
a
the second authority; or
b
the mover directly.
Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of classes D to F
104
1
Where an applicant’s reduction under this scheme would have ended when the applicant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in paragraph 100(1)(b), that reduction does not cease until the end of the extended reduction period.
2
Paragraphs 106 and 107 (dates on which entitlement begins and change of circumstances take effect) do not apply to any extended reduction (qualifying contributory benefits) payable in accordance with paragraph 102(1)(a) or 103(2) (amount of extended reduction — movers: persons who a re not pensioners).
CHAPTER 3
Extended reductions: movers in the authority’s area
Extended reductions: applicant moving into the authority’s area
105
Where —
a
an application is made to the authority (“the current authority”) for a reduction under this scheme, and
b
the applicant, or the partner of the applicant, is in receipt of an extended reduction from —
i
another billing authority in England; or
ii
a billing authority in Wales,
the current authority must reduce any reduction to which the applicant is entitled under this scheme by the amount of that extended reduction.
PART 13
When entitlement begins and change of circumstances
Date on which entitlement begins
106
1
Subject to sub-paragraph (2), any person by whom or in respect of whom an application for a reduction under this scheme is made and who is otherwise entitled to that reduction is so entitled from the reduction week following the date on which that application is made or is treated as made.
2
Where a person is otherwise entitled to a reduction under this scheme and becomes liable for the first time for the authority’s council tax in respect of a dwelling of which he is a resident in the reduction week in which his application is made or is treated as made, he is so entitled from that reduction week.
Date on which change of circumstances is to take effect
107
1
Except in cases where paragraph 60 (disregard of changes in tax, contributions, etc.) applies and subject to the following provisions of this paragraph and (in the case of applicants who are pensioners) paragraph 108 (change of circumstance where state pension credit in payment), a change of circumstances which affects entitlement to, or the amount of, a reduction under this scheme (“change of circumstances”), takes effect from the first day of the reduction week following the date on which the change actually occurs.
2
Where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs is the day immediately following the last day of entitlement to that benefit.
3
Subject to sub-paragraph (4), where the change of circumstances is a change in the amount of council tax payable, it takes effect from the day on which it actually occurs.
4
Where the change of circumstances is a change in the amount a person is liable to pay in respect of council tax in consequence of regulations under section 13 of the 1992 Act (reduced amounts of council tax) or changes in the discount to which a dwelling may be subject under section 11 or 11A of that Act (discounts), it takes effect from the day on which the change in amount has effect.
5
Where the change of circumstances is the applicant’s acquisition of a partner, the change takes effect on the day on which the acquisition takes place.
6
Where the change of circumstances is the death of an applicant’s partner or their separation, it takes effect on the day the death or separation occurs.
7
If two or more changes of circumstances occurring in the same reduction week would, but for this paragraph, take effect in different reduction weeks in accordance with sub-paragraphs (1) to (6) they take effect from the day to which the appropriate sub-paragraph from (3) to (6) above refers, or, where more than one day is concerned, from the earlier day.
8
Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the SSCBA, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances takes effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of this scheme.
9
Without prejudice to sub-paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances takes effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of this scheme.
10
Sub-paragraph (11) applies if —
a
the applicant or his partner has attained the age of 65; and
b
either —
i
a non-dependant took up residence in the applicant’s dwelling; or
ii
there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under paragraph 30 increased.
11
Where this sub-paragraph applies, the change of circumstances referred to in sub-paragraph (10)(b) takes effect from the effective date.
12
In sub-paragraph (11), but subject to sub-paragraph (13), “the effective date” means —
a
where more than one change of a kind referred to in sub-paragraph (10)(b) relating to the same non-dependant has occurred since —
i
the date on which the applicant’s entitlement to a reduction under this scheme first began; or
ii
the date which was the last effective date in respect of such a change,
whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
b
where paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in sub-paragraph (10)(b) occurred.
13
If in any particular case the date determined under sub-paragraph (12) is not the first day of a reduction week, the effective date in that case is to be the first day of the next reduction week to commence after the date determined under that sub-paragraph.
Change of circumstances where state pension credit in payment
108
1
Sub-paragraphs (2) and (3) apply where —
a
the applicant is in receipt of state pension credit;
b
the amount of state pension credit awarded to him is changed in consequence of a change in the applicant’s circumstances or the correction of an official error; and
c
the change in the amount of state pension credit payable to the applicant results in a change in the amount of a reduction he receives under this scheme.
2
Where the change of circumstance is that an increase in the amount of state pension credit payable to the applicant results in —
a
an increase in the reduction he receives under this scheme, the change takes effect from the first day of the reduction week in which state pension credit becomes payable at the increased rate; or
b
a decrease in the reduction he receives under this scheme, the change takes effect from the first day of the reduction week next following the date on which —
i
the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or
ii
state pension credit is increased,
whichever is the later.
3
Where the change of circumstance (“the relevant change”) is that the applicant’s state pension credit has been reduced and in consequence the reduction the applicant receives under this scheme reduces —
a
in a case where the applicant’s state pension credit has been reduced because the applicant failed to notify the Secretary of State timeously of a change of circumstances, the relevant change takes effect from the first day of the reduction week from which state pension credit was reduced; or
b
in any other case the relevant change takes effect from the first day of the reduction week next following the date on which —
i
the authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or
ii
state pension credit is reduced,
whichever is the later.
4
Where the change of circumstance is that state pension credit is reduced and in consequence of the change, the amount of a reduction he receives under this scheme is increased, the change takes effect from the first day of the reduction week in which state pension credit becomes payable at the reduced rate.
5
Where a change of circumstance occurs in that an award of state pension credit has been made to the applicant or his partner and this would result in a decrease in the amount of reduction he receives under this scheme, the change takes effect from the first day of the reduction week next following the date on which —
a
the authority receives notification from the Secretary of State of the award of state pension credit; or
b
entitlement to state pension credit begins,
whichever is the later.
6
Where, in the case of an applicant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is —
a
a change of circumstances of a kind described in any of sub-paragraphs (2) to (5) which results from a relevant calculation or estimate; and
b
a change of circumstances which is a relevant determination,
each of which results in a change in the amount of reduction the applicant receives under this scheme, the change of circumstances referred to in sub-paragraph (b) takes effect from the day specified in sub-paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in paragraph (a).
7
Where a change of circumstance occurs in that a guarantee credit has been awarded to the applicant or his partner and this would result in an increase in the amount of a reduction the applicant receives under this scheme, the change takes effect from the first day of the reduction week next following the date in respect of which the guarantee credit is first payable.
8
Where a change of circumstances would, but for this sub-paragraph, take effect under the preceding provisions of this paragraph within the 4 week period specified in paragraph 93 (continuing reductions where state pension credit claimed), that change takes effect on the first day of the first reduction week to commence after the expiry of the 4 week period.
9
In this paragraph —
“official error” means an error made by —
the authority or a person —
authorised to carry out any function of the authority relating to this scheme; or
providing services relating to this scheme directly or indirectly to the authority; or
an officer of —
the Department for Work and Pensions; or
the Commissioners of Inland Revenue,
acting as such,
but excludes any error caused wholly or partly by any person or body not specified in paragraph (a) or (b) of this definition and any error of law which is shown to have been an error only by virtue of a subsequent decision of the court;
“relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the applicant’s or, as the case may be, the applicant’s partner’s income and capital for the purposes of the award of state pension credit;
“relevant determination” means a change in the determination by the authority of the applicant’s income and capital using the relevant calculation or estimate, in accordance with paragraph 36(1).
PART 14
Applications (including duties to notify authority of change of circumstances)
Making an application
109
1
In the case of —
a
a couple or (subject to paragraph (b)) members of a polygamous marriage an application is to be made by whichever one of them they agree should so apply or, in default of agreement, by such one of them as the authority determines; or
b
in the case of members of a polygamous marriage to whom paragraph 37 (income and capital: award of universal credit) applies, an application is to be made by whichever one of the parties to the earliest marriage that still subsists they agree should so apply or, in default of agreement, by such one of them as the authority determines.
2
Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act, and —
a
a deputy has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or
b
in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to apply or, as the case may be, receive benefit on his behalf; or
c
an attorney with a general power or a power to apply or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971 , the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise,
that deputy, judicial factor, guardian or attorney, as the case may be, may make an application on behalf of that person.
3
Where a person who is liable to pay council tax in respect of a dwelling is unable for the time being to act and sub-paragraph (2) does not apply to him, the authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under this scheme and to receive and deal on his behalf with any sums payable to him.
4
Where a person who is liable to pay council tax in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act), the authority may if that person agrees, treat him as if he had been appointed by them under sub-paragraph (3).
5
Where the authority has made an appointment under sub-paragraph (3) or treated a person as an appointee under sub-paragraph (4) —
a
it may at any time revoke the appointment;
b
the person appointed may resign his office after having given 4 weeks notice in writing to the authority of his intention to do so;
c
any such appointment must terminate when the authority is notified of the appointment of a person mentioned in sub-paragraph (2).
6
Anything required by this scheme to be done by or to any person who is for the time being unable to act may be done by or to the persons mentioned in sub-paragraph (2) above or by or to the person appointed or treated as appointed under this paragraph and the receipt of any such person so appointed shall be a good discharge to the authority for any sum paid.
7
The authority must —
a
inform any person making an application of the duty imposed by paragraph 115(1)(a);
b
explain the possible consequences (including prosecution) of failing to comply with that duty; and
c
set out the circumstances a change in which might affect entitlement to the reduction or its amount.
Date on which an application is made
110
1
Subject to sub-paragraph (7), the date on which an application is made is —
a
in a case where —
i
an award of state pension credit which comprises a guarantee credit has been made to the applicant or his partner, and
ii
the application is made within one month of the date on which the claim for that state pension credit which comprises a guarantee credit was received at the appropriate DWP office,
the first day of entitlement to state pension credit which comprises a guarantee credit arising from that claim;
b
in a case where —
i
an applicant or his partner is a person in receipt of a guarantee credit,
ii
the applicant becomes liable for the first time to pay council tax in respect of the dwelling which he occupies as his home, and
iii
the application to the authority is received at the designated office within one month of the date of the change,
the date on which the change takes place;
c
in a case where —
i
an award of income support, an income-based jobseeker’s allowance or an income-related employment and support allowance or an award of universal credit has been made to the applicant or his partner, and
ii
the application is made within one month of the date on which the claim for that income support, jobseeker’s allowance, employment and support allowance or universal credit was received,
the first day of entitlement to income support, an income-based jobseeker’s allowance, an income-related employment and support allowance or universal credit arising from that claim;
d
in a case where —
i
an applicant or his partner is a person on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance or has an award of universal credit,
ii
the applicant becomes liable for the first time to pay council tax in respect of the dwelling which he occupies as his home, and
iii
the application to the authority is received at the designated office within one month of the date of the change,
the date on which the change takes place;
e
in a case where —
i
the applicant is the former partner of a person who was, at the date of his death or their separation, entitled to a reduction under this scheme, and
ii
where the applicant makes an application for a reduction under this scheme within one month of the date of the death or the separation,
the date of the death or separation;
f
except where paragraph (a), (b) or (e) is satisfied, in a case where a properly completed application is received within one month (or such longer period as the authority considers reasonable) of the date on which an application form was issued to the applicant following the applicant first notifying, by whatever means, the authority of an intention to make an application, the date of first notification;
g
in any other case, the date on which the application is received at the designated office.
2
For the purposes only of sub-paragraph (1)(c) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under —
a
in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days); or
b
in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act 2007 (waiting days),
have been entitled to that allowance.
3
Where the defect referred to in paragraph 7 of Schedule 1 to this scheme (application by telephone) —
a
is corrected within one month (or such longer period as the authority considers reasonable) of the date the authority last drew attention to it, the authority must treat the application as if it had been duly made in the first instance;
b
is not corrected within one month (or such longer period as the authority considers reasonable) of the date the authority last drew attention to it, the authority must treat the application as if it had been duly made in the first instance where it considers it has sufficient information to decide on the application.
4
The authority is to treat a defective application as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (5)(a), (b) or (c) are satisfied.
5
The conditions are that —
a
where paragraph 4(a) of Schedule 1 (incomplete form) applies, the authority receives at its designated office the properly completed application or the information requested to complete it or the evidence within one month of the request, or such longer period as the authority may consider reasonable; or
b
where paragraph 4(b) of Schedule 1 (application not on approved form or further information requested by authority) applies —
i
the approved form sent to the applicant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
ii
the applicant supplies whatever information or evidence was requested under paragraph 4 of that Schedule within one month of the request,
or, in either case, within such longer period as the authority may consider reasonable; or
c
where the authority has requested further information, the authority receives at its designated office the properly completed application or the information requested to complete it within one month of the request or within such longer period as the authority considers reasonable.
6
Except in the case of an application made by a person treated as not being in Great Britain, where a person has not become liable for council tax to the authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may apply for a reduction under this scheme at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority is to treat the application as having been made on the day on which the liability for the tax arises.
7
Except in the case of an application made by a person treated as not being in Great Britain, where the applicant is not entitled to a reduction under this scheme in the reduction week immediately following the date of his application but the authority is of the opinion that unless there is a change of circumstances he will be entitled to a reduction under this scheme for a period beginning not later than —
a
in the case of an application made by —
i
a pensioner, or
ii
a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit,
the seventeenth reduction week following the date on which the application is made, or
b
in the case of an application made by a person who is not a pensioner, the thirteenth reduction week following the date on which the application is made,
the authority may treat the application as made on a date in the reduction week immediately preceding the first reduction week of that period of entitlement and award a reduction accordingly.
8
In this paragraph “appropriate DWP office” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseeker’s allowance or an employment and support allowance.
Back-dating of applications: pensioners
111
1
Subject to sub-paragraph (2), the time for the making of an application under this scheme by a pensioner is as regards any day on which, apart from satisfying the condition of making an application, the applicant is entitled to such a reduction, that day and the period of three months immediately following it.
2
In any case where paragraph 110(1)(a) applies, sub-paragraph (1) does not entitle a person to apply for a reduction under this scheme in respect of any day earlier than three months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).
Back-dating of applications: persons who are not pensioners
112
1
Where an applicant who is a person who is not a pensioner —
a
makes an application under this scheme which includes (or which he subsequently requests should include) a period before the application is made; and
b
from a day in that period, up to the date he made the application (or subsequently requested that the application should include a past period), the applicant had continuous good cause for failing to make an application (or request that the application should include that period),
the application is to be treated as made on the date determined in accordance with sub-paragraph (2).
2
That date is the latest of —
a
the first day from which the applicant had continuous good cause;
b
the day 6 months before the date the application was made;
c
the day 6 months before the date when the applicant requested that the application should include a past period.
Information and evidence
113
1
Subject to sub-paragraph (3), a person who makes an application for a reduction under this scheme must satisfy sub-paragraph (2) in relation both to himself and to any other person in respect of whom he is making the application.
2
This sub-paragraph is satisfied in relation to a person if —
a
the application is accompanied by —
i
a statement of the person’s national insurance number and information or evidence establishing that that number has been allocated to the person; or
ii
information or evidence enabling the authority to ascertain the national insurance number that has been allocated to the person; or
b
the person has made an application for a national insurance number to be allocated to him and the application for the reduction is accompanied by —
i
evidence of the application for a national insurance number to be so allocated; and
ii
the information or evidence enabling it to be so allocated.
3
Sub-paragraph (2) does not apply —
a
in the case of a child or young person in respect of whom an application for a reduction is made;
b
to a person who —
i
is a person treated as not being in Great Britain for the purposes of this scheme ;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
iii
has not previously been allocated a national insurance number.
4
Subject to sub-paragraph (5), a person who makes an application, or a person to whom a reduction under this scheme has been awarded, must furnish such certificates, documents, information and evidence in connection with the application or the award, or any question arising out of the application or the award, as may reasonably be required by the authority in order to determine that person’s entitlement to, or continuing entitlement to a reduction under this scheme and must do so within one month of the authority requiring him to do so or such longer period as the authority may consider reasonable.
5
Nothing in this paragraph requires a person to furnish any certificates, documents, information or evidence relating to a payment to which sub-paragraph (7) applies.
6
Where a request is made under sub-paragraph (4), the authority must —
a
inform the applicant or the person to whom a reduction under this scheme has been awarded of his duty under paragraph 115 (duty to notify change of circumstances) to notify the authority of any change of circumstances; and
b
without prejudice to the extent of the duty owed under paragraph 115, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.
7
This sub-paragraph applies to any of the following payments —
a
a payment which is —
i
disregarded under paragraph 28 of Schedule 8 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) or paragraph 38 of Schedule 10 (capital disregards: persons who are not pensioners); or
ii
made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;
b
a payment which is disregarded under paragraph 16 of Schedule 9 (payments made under certain trusts and certain other payments), other than a payment under the Independent Living Fund (2006);
c
a payment which is disregarded under paragraph 30(9)(b) or (c) (payment made under certain trusts etc.) or paragraph 2(b) or (c) of Schedule 4 (payments made under certain trusts etc.) other than a payment under the Independent Living Fund (2006).
8
Where an applicant or a person to whom a reduction under this scheme has been awarded or any partner has attained the qualifying age for state pension credit and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, he must where the authority so requires furnish the following information —
a
the name and address of the pension fund holder ;
b
such other information including any reference or policy number as is needed to enable the personal pension scheme to be identified.
Amendment and withdrawal of application
114
1
A person who has made an application may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
2
Where the application was made by telephone in accordance with Part 1 of Schedule 1, the amendment may also be made by telephone.
3
Any application amended in accordance with sub-paragraph (1) or (2) is to be treated as if it had been amended in the first instance.
4
A person who has made an application may withdraw it by notice to the designated office at any time before a decision has been made on it.
5
Where the application was made by telephone in accordance with Part 1 of Schedule 1, the withdrawal may also be made by telephone.
6
Any notice of withdrawal given in accordance with sub-paragraph (4) or (5) has effect when it is received.
7
Where a person, by telephone, amends or withdraws an application the person must (if required to do so by the authority) confirm the amendment or withdrawal by a notice in writing delivered or sent to the designated office.
Duty to notify changes of circumstances
115
1
Subject to sub-paragraphs (3), (6) and (7), the applicant (or any person acting on his behalf) must comply with sub-paragraph (2) if there is a relevant change of circumstances at any time —
a
between the making of an application and a decision being made on it, or
b
after the decision is made (where the decision is that the applicant is entitled to a reduction under this scheme) including at any time while the applicant is in receipt of such a reduction.
2
The applicant (or any person acting on his behalf) must notify any change of circumstances which the applicant (or that person) might reasonably be expected to know might affect his entitlement to, or the amount of, a reduction under this scheme (a “relevant change of circumstances”) by giving notice to the authority —
a
in writing; or
b
by telephone —
i
where the authority has published a telephone number for that purpose or for the purposes of Part 1 of Schedule 1 unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the authority determines that notice may be given by telephone; or
c
by any other means which the authority agrees to accept in any particular case,
within a period of 21 days beginning with the day on which the change occurs, or as soon as reasonably practicable after the change occurs, whichever is later.
3
The duty imposed on a person by sub-paragraph (1) does not extend to notifying —
a
changes in the amount of council tax payable to the authority;
b
changes in the age of the applicant or that of any member of his family;
c
in the case of an applicant in receipt of a relevant benefit, changes in circumstances which affect the amount of the benefit but not the amount of the reduction under this scheme to which he is entitled, other than the cessation of that entitlement to the benefit.
4
For the purposes of sub-paragraph (3)(c) “relevant benefit” means income support, an income-based jobseeker’s allowance or an income-related employment and support allowance or universal credit.
5
Notwithstanding sub-paragraph (3)(b) or (c) an applicant is required by sub-paragraph (1) to notify the authority of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he has ceased to be a child or young person.
6
The duty imposed on a person by sub-paragraph (1) includes —
a
in the case of a person falling within class C (pensioners: alternative maximum council tax reduction) giving written notice to the authority of changes which occur in the number of adults in the dwelling or in their total gross incomes and, where any such adult ceases to be in receipt of state pension credit, the date when this occurs;
b
in the case of a person falling within class F (persons who are not pensioners: alternative maximum council tax reduction) giving written notice to the authority of changes which occur in the number of adults in the dwelling or in their total gross incomes and, where any such adult ceases to be in receipt of income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, the date when this occurs.
7
A person who has been awarded a reduction under this scheme who is also on state pension credit must report —
a
changes affecting the residence or income of any non-dependant normally residing with the applicant or with whom the applicant normally resides;
b
any absence from the dwelling which exceeds or is likely to exceed 13 weeks.
8
In addition to the changes required to be reported under sub-paragraph (7), a person whose state pension credit comprises only the savings credit must also report —
a
changes affecting a child living with him which may result in a change in the amount of reduction under this scheme allowed in his case, but not changes in the age of the child;
b
any change in the amount of the applicant’s capital to be taken into account which does or may take the amount of his capital to more than £16,000;
c
any change in the income or capital of —
i
a non-dependant whose income and capital are treated as belonging to the applicant in accordance with paragraph 34 (circumstances in which income of a non-dependant is to be treated as applicant’s); or
ii
a person to whom paragraph 36(2)(e) (partner treated as member of the household under paragraph 8) refers,
and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the applicant.
9
A person who is entitled to a reduction under this scheme and on state pension credit need only report to the authority the changes specified in sub-paragraphs (7) and (8).
PART 15
Decisions by authority
Decision by authority
116
The authority must make a decision on an application for a reduction under this scheme within 14 days of paragraphs 110 and 113 and Part 1 of Schedule 1 being satisfied, or as soon as reasonably practicable thereafter.
Notification of decision
117
1
The authority must notify in writing any person affected by a decision made by it under this scheme —
a
in the case of a decision on an application, forthwith or as soon as reasonably practicable thereafter;
b
in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter.
2
Where the decision is to award a reduction the notification under sub-paragraph (1) must include a statement —
a
informing the person affected of the duty imposed by paragraph 115(1)(b);
b
explaining the possible consequences (including prosecution) of failing to comply with that duty; and
c
setting out the circumstances a change in which might affect entitlement to the reduction or its amount.
3
Where the decision is to award a reduction, the notification under sub-paragraph (1) must include a statement as to how that entitlement is to be discharged.
4
In any case, the notification under sub-paragraph (1) must inform the person affected of the procedure by which an appeal may be made and must refer the person to the provisions in this scheme relating to the procedure for making an appeal .
5
A person affected to whom the authority sends or delivers a notification of decision may, within one month of the date of the notification of that decision request in writing the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.
6
The written statement referred to in sub-paragraph (5) must be sent to the person requesting it within 14 days or as soon as reasonably practicable thereafter.
7
For the purposes of this paragraph a person is to be treated as a person affected by a decision of the authority under this scheme where the rights, duties or obligations of that person are affected by that decision and the person falls within sub-paragraph (8).
8
This sub-paragraph applies to —
a
the applicant;
b
in the case of a person who is liable to pay council tax in respect of a dwelling and is unable for the time being to act —
i
a deputy appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or
ii
in Scotland, a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to apply or, as the case may be, receive benefit on the person’s behalf; or
iii
an attorney with a general power or a power to apply or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise,
c
a person appointed by the authority under paragraph 109(3).
PART 16
Circumstances in which a payment may be made
Payment where there is joint and several liability
118
1
Where —
a
a person is entitled to a reduction under this scheme in respect of his liability for the authority’s council tax as it has effect in respect of a financial year;
b
the person entitled to the reduction is jointly and severally liable for the council tax; and
c
the authority determines that discharging his entitlement by reducing the amount of his liability to which regulation 20(2) of the Council Tax (Administration and Enforcement) Regulations 1992 refers would be inappropriate,
it may make a payment to him of the amount of reduction to which he is entitled, rounded where necessary to the nearest penny.
2
Subject to sub-paragraph (3), any payment made under sub-paragraph (1) must be made to the person who is entitled to the reduction.
3
Where a person other than the person who is entitled to the reduction under this scheme made the application for the reduction and that first person is a person acting pursuant to an appointment under paragraph 109(3) (persons appointed to act for a person unable to act) or is treated as having been so appointed by virtue of paragraph 109(5), the amount of the reduction may be paid to that person.
SCHEDULE 1
Procedural matters
Paragraph 11
PART 1
Procedure for an application for a reduction under this scheme
Procedure by which a person may apply for a reduction under this scheme
1
Paragraphs 2 to 7 apply to an application for a reduction under this scheme.
2
An application may be made —
a
in writing,
b
by means of an electronic communication in accordance with Part 4 of this Schedule, or
c
where the authority has published a telephone number for the purpose of receiving such applications, by telephone.
3
1
An application which is made in writing must be made to the designated office on a properly completed form.
2
The form must be provided free of charge by the authority for the purpose.
4
Where an application made in writing is defective because —
a
it was made on the form supplied for the purpose but that form is not accepted by the authority as being properly completed; or
b
it was made in writing but not on the form supplied for the purpose and the authority does not accept the application as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,
the authority may, in a case to which sub-paragraph (a) applies, request the applicant to complete the defective application or, in the case to which sub-paragraph (b) applies, supply the applicant with the approved form or request further information and evidence.
2
An application made on a form provided by the authority is properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the application.
5
1
If an application made by electronic communication is defective the authority must provide the person making the application with an opportunity to correct the defect.
2
An application made by electronic communication is defective if the applicant does not provide all the information the authority requires.
6
In a particular case the authority may determine that an application made by telephone is only valid if the person making the application approves a written statement of his circumstances provided by the authority.
7
1
If an application made by telephone is defective the authority must provide the person making the application with an opportunity to correct the defect.
2
An application made by telephone is defective if the applicant does not provide all the information the authority requests during the telephone call.
PART 2
Procedure for making an appeal
Procedure by which a person may make an appeal against certain decisions of the authority
8
A person who is aggrieved by a decision of the authority which affects —
a
the person’s entitlement to a reduction under this scheme, or
b
the amount of any reduction under this scheme,
may serve a written notice on the authority stating the matter by which, and the grounds on which, he is aggrieved.
9
The authority must —
a
consider the matter to which the notice relates;
b
notify the aggrieved person in writing —
i
that the ground is not well founded, giving reasons for that belief; or
ii
that steps have been taken to deal with the grievance, stating the steps taken.
10
Where, following notification under paragraph 9(b)(i) or (ii), the person is still aggrieved, or if the authority fails to notify the person aggrieved in accordance with paragraph 9(b) within two months of the service of his notice, he may appeal to a valuation tribunal under section 16 of the 1992 Act.
PART 3
Procedure for applying for a discretionary reduction
Procedure for an application to the authority for a reduction under section 13A(1)(c) of the 1992 Act
11
1
An application to the authority for a reduction under section 13A(1)(c) of the 1992 Act may be made —
a
in writing;
b
by means of an electronic communication in accordance with Part 4 of this Schedule; or
c
where the authority has published a telephone number for the purposes of receiving such applications, by telephone.
2
Where —
a
the authority has made a determination under section 13A(1)(c) in relation to a class of case in which liability is to be reduced; and
b
a person in that class would otherwise be entitled to a reduction under this scheme,
that person’s application for a reduction under this scheme may also be treated as an application for a reduction under section 13A(1)(c).
PART 4
Electronic communication
Interpretation
12
In this Part —
“information” includes an application, certificate, notice or other evidence;
“official computer system” means a computer system maintained by or on behalf of the authority for the sending, receiving, processing or storing of any information.
Conditions for the use of electronic communication
13
1
The authority may use an electronic communication in connection with applications for, and awards of, reductions under this scheme.
2
A person other than the authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.
3
The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the authority.
4
The second condition is that the person uses an approved method of —
a
authenticating the identity of the sender of the communication;
b
electronic communication;
c
authenticating any application or notice delivered by means of an electronic communication; and
d
subject to sub-paragraph (7), submitting to the authority any information.
5
The third condition is that any information sent by means of an electronic communication is in a form supplied for the purposes of this Part of this Schedule.
6
The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the authority.
7
Where the person uses any method other than the method approved of submitting any information, that information is to be treated as not having been submitted.
8
In this paragraph “approved” means approved by means of a direction given by the Chief Executive of the authority for the purposes of this Part of this Schedule.
Use of intermediaries
14
The authority may use intermediaries in connection with —
a
the delivery of any information by means of an electronic communication; and
b
the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
Effect of delivering information by means of electronic communication
15
1
Any information which is delivered by means of an electronic communication is to be treated as having been delivered in the manner or form required by any provision of this scheme, on the day the conditions imposed —
a
by this Part; and
b
by or under an enactment,
are satisfied.
2
The authority may determine that any information is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
3
Information must not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identity of sender or recipient of information
16
If it is necessary to prove, for the purpose of any legal proceedings, the identity of —
a
the sender of any information delivered by means of an electronic communication to an official computer system; or
b
the recipient of any such information delivered by means of an electronic communication from an official computer system,
the sender or recipient, as the case may be, is to be presumed to be the person whose name is recorded as such on that official computer system.
Proof of delivery of information
17
1
If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any information this must be presumed to have been the case where —
a
any such information has been delivered to the relevant authority, if the delivery of that information has been recorded on an official computer system; or
b
any such information has been delivered by the relevant authority, if the delivery of that information has been recorded on an official computer system.
2
If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such information, this must be presumed not to be the case, if that information delivered to the relevant authority has not been recorded on an official computer system.
3
If it is necessary to prove, for the purpose of any legal proceedings, when any such information sent by means of an electronic communication has been received, the time and date of receipt must be presumed to be that recorded on an official computer system.
Proof of content of information
18
If it is necessary to prove, for the purpose of any legal proceedings, the content of any information sent by means of an electronic communication, the content must be presumed to be that recorded on an official computer system.
SCHEDULE 2
Applicable amounts: pensioners
Paragraph 25
PART 1
Personal allowances
Personal allowance
1
The amount specified in column (2) below in respect of each person or couple specified in column (1) is the amount specified for the purposes of paragraph 25(1)(a).
Column (1)
Person, couple or polygamous marriage
Column (2)
Amount
(1) Single applicant or lone parent —
(a) aged under 65;
(b) aged 65 or over.
(1)
(a) £142.70;
(b) £161.25.
(2) Couple —
(a) both members aged under 65;
(b) one or both members aged 65 or over.
(2)
(a) £217.90;
(b) £241.65.
(3) If the applicant is a member of a polygamous marriage and none of the members of the marriage has attained the age of 65 —
(a) for the applicant and the other party to the marriage;
(b) for each additional spouse who is a member of the same household as the applicant.
(3)
(a) £217.90;
(b) £75.20.
(4) If the applicant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over —
(a) for the applicant and the other party to the marriage;
(b) for each additional spouse who is a member of the same household as the applicant.
(4)
(a) £241.65;
(b) £80.40.
Child or young person amounts
2
1
The amounts specified in column (2) below in respect of each person specified in column (1) are the amounts, for the relevant period specified in column (1), specified for the purposes of paragraph 25(1)(b).
Column (1)
Child or young person
Column (2)
Amount
Person in respect of the period —
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;
(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.
(a) £64.99;
(b) £64.99.
2
In column (1) of the table “the first Monday in September” means the Monday which first occurs in the month of September in any year.
PART 2
Family premium
Family premium
3
The amount for the purposes of paragraph 25(1)(c) in respect of a family of which at least one member is a child or young person is £17.40.
PART 3
Premiums
4
The premiums specified in Part 4 are, for the purposes of paragraph 25(1)(d), applicable to an applicant who satisfies the condition specified in this Part in respect of that premium.
5
1
Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for —
a
in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provision of those Regulations, he would be in receipt of that benefit; and
b
any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Skills Development Scotland, Scottish Enterprise or Highland and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.
2
For the purposes of the carer premium under paragraph 9, a person is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 or an AFIP.
Severe disability premium
6
1
The condition is that the applicant is a severely disabled person.
2
For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if, and only if —
a
in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3) —
i
he is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or an AFIP; and
ii
subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
iii
no person is entitled to, and in receipt of, a carer’s allowance in respect of caring for him;
b
in the case of an applicant who has a partner —
i
the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or an AFIP;
ii
his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance; and
iii
subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is entitled to and in receipt of a carer’s allowance in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage.
3
Where an applicant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner is to be treated for the purposes of sub-paragraph (2) as if he were not a partner of the applicant.
4
For the purposes of sub-paragraph (3), a person is blind if he is registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994.
5
For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind on regaining his eyesight is nevertheless to be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.
6
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of —
a
a person receiving attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or an AFIP; or
b
a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).
7
For the purposes of sub-paragraph (2)(b) a person is to be treated —
a
as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
as being in receipt of the daily living component of personal independence payment paid at the rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 if he would, but for his being a patient for a period exceeding 28 days, be so in receipt, notwithstanding section 86 of that Act and regulations made thereunder;
c
as being in receipt of an AFIP if he would be so in receipt but for a suspension of payment in accordance with any terms of the armed and reserve forces compensation scheme which allow for a suspension because a person is undergoing medical treatment in a hospital or similar institution;
d
as being entitled to and in receipt of a carer’s allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
8
For the purposes of sub-paragraph (2)(a)(iii) and (b) —
a
no account is to be taken of an award of carer’s allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid; and
b
references to a person being in receipt of a carer’s allowance include reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit).
Enhanced disability premium
7
1
The condition is that —
a
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 73(2) of that Act; or
b
(as the case may be) the daily living component of personal independence payment is, or would, but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012, be payable at the enhanced rate prescribed in accordance with section 78(2) of that Act,
in respect of a child or young person who is a member of the applicant’s family.
2
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or partner is entitled to child benefit in respect of that person under section 145A of the SSCBA (entitlement after death of child or qualifying young person).
Disabled child premium
8
The condition is that a child or young person for whom the applicant or a partner of his is responsible and who is a member of the applicant’s household —
a
is in receipt of disability living allowance, personal independence payment or is no longer in receipt of such allowance or payment because he is a patient, provided that the child or young person continues to be a member of the family; or
b
is blind within the meaning of paragraph 6(4) or treated as blind in accordance with paragraph 6(5); or
c
is a child or young person in respect of whom section 145A of the SSCBA (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the applicant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the applicant’s applicable amount because of that child or young person’s death.
Carer premium
9
1
The condition is that the applicant or his partner is, or both of them are, entitled to a carer’s allowance.
2
Where a carer premium has been awarded but —
a
the person in respect of whose care the carer’s allowance has been awarded dies; or
b
the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer’s allowance,
this paragraph is to be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
3
The relevant date for the purposes of sub-paragraph (2) is —
a
in a case within sub-paragraph (2)(a), the Sunday following the death of the person in respect of whose care the carer’s allowance has been awarded (or beginning with the date of death if the date occurred on a Sunday);
b
in a case within sub-paragraph (2)(b), the date on which that person who was entitled to a carer’s allowance ceases to be entitled to it.
4
For the purposes of this paragraph, a person is to be treated as being entitled to and in receipt of a carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.
Persons in receipt of concessionary payments
10
For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.
Person in receipt of benefit
11
For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and is to be so regarded only for any period in respect of which that benefit is paid.
PART 4
Amounts of premium specified in Part 3
12
1
Severe Disability Premium —
Provision Amount
where the applicant satisfies the condition in paragraph 6(2)(a);
(a) £58.20;
where the applicant satisfies the condition in paragraph 6(2)(b) —
(b)
in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 6(7);
(i) £58.20;
in a case where there is no-one in receipt of such an allowance.
(ii) £116.40.
2
Enhanced disability premium.
(2) £22.89 in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.
3
Disabled Child Premium.
(3) £56.63 in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied
4
Carer Premium.
(4) £32.60 in respect of each person who satisfies the condition specified in paragraph 9.
SCHEDULE 3
Applicable amounts: persons who are not pensioners
Paragraph 26
PART 1
Personal allowances
1
The amounts specified in column (2) below in respect of each person or couple specified in column (1) are the amounts specified for the purposes of paragraphs 26(1)(a) and 27(1)(a) and (b) —
Column (1)
Person or couple
Column (2)
Amount
(1) A single applicant who — (1) (a) is entitled to main phase employment and support allowance; (a) £71.00; (b) is aged not less than 25; (b) £71.00; (c) is aged not less than 18 but less than 25. (c) £56.25. (2) Lone parent. (2) £71.00. (3) Couple. (3) £111.45.
2
For the purposes of paragraph 1 an applicant is entitled to main phase employment and support allowance if —
a
paragraph 18 is satisfied in relation to the applicant; or
b
the applicant is entitled to a converted employment and support allowance.
3
1
The amounts specified in column (2) below in respect of each person specified in column (1) are, for the relevant period specified in column (1), the amounts specified for the purposes of paragraphs 26(1)(b) and 27(1)(c) —
Column (1)
Child or Young person Column (2)
Amount
Person in respect of the period — (a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday; £64.99 (b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday. £64.99
2
In column (1) of the table in sub-paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.
PART 2
Family premium
4
1
The amount for the purposes of paragraphs 26(1)(c) and 27(1)(d) in respect of a family of which at least one member is a child or young person is —
a
where the applicant is a lone parent to whom sub-paragraph (2) applies, £22.20;
b
in any other case, £17.40.
2
The amount in sub-paragraph (1)(a) is applicable to a lone parent —
a
who was entitled to council tax benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force on that date; or
b
on becoming entitled to council tax benefit where that lone parent —
i
had been treated as entitled to that benefit in accordance with sub-paragraph (3) as at the day before the date of claim for that benefit; and
ii
was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 81 of the Housing Benefit Regulations 2006,
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the applicant has not ceased to be entitled, or has not ceased to be treated as entitled, to
i
council tax benefit (in relation to the period prior to 1st April 2013), and
ii
a reduction under this scheme (in relation to the period commencing on 1st April 2013);
b
the applicant has not ceased to be a lone parent;
c
where the applicant was entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has continuously, since that date, been entitled to income support, an income-based jobseeker’s allowance or income-related employment and support allowance or a combination of those benefits;
d
where the applicant was not entitled to income support or to an income-based jobseeker’s allowance on 5th April 1998, he has not become entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance; and
e
a premium under paragraph 9 or a component under paragraph 21 or 22 has not become applicable to the applicant.
4
For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), an applicant is to be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and —
a
throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 3 to the Housing Benefit Regulations 2006 (lone parent rate of family premium); or
b
he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 81 of the Housing Benefit Regulations 2006 and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 3 to those Regulations.
PART 3
Premiums
5
Except as provided in paragraph 6, the premiums specified in Part 4 are, for the purposes of paragraphs 26(1)(d) and 27(1)(e) (premiums), applicable to an applicant who satisfies the condition specified in paragraphs 9 to 14 in respect of that premium.
6
Subject to paragraph 7, where an applicant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium is applicable to him and, if they are different amounts, the higher or highest amount applies.
7
The following premiums, namely —
a
a severe disability premium to which paragraph 11 applies;
b
an enhanced disability premium to which paragraph 12 applies;
c
a disabled child premium to which paragraph 13 applies; and
d
a carer premium to which paragraph 14 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
8
1
Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for —
a
in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and
b
any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973 or by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 for any period during which he is in receipt of a training allowance.
2
For the purposes of the carer premium under paragraph 14, a person is to be treated as being in receipt of carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable under Part 4 of the Welfare Reform Act 2012.
Disability premium
9
The condition is that —
a
where the applicant is a single applicant or a lone parent, he has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10 is satisfied; or
b
where the applicant has a partner, either —
i
the applicant has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1)(a) or (b) is satisfied by him; or
ii
his partner has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 10(1)(a) is satisfied by his partner.
Additional condition for the disability premium
10
1
Subject to sub-paragraph (2) and paragraph 8, the additional condition referred to in paragraph 9 is that either —
a
the applicant or, as the case may be, his partner —
i
is in receipt of one or more of the following benefits: attendance allowance, disability living allowance, personal independence payment, an AFIP, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , mobility supplement, long-term incapacity benefit under Part 2 of the SSCBA or severe disablement allowance under Part 3 of that Act but, in the case of long-term incapacity benefit or severe disablement allowance, only where it is paid in respect of him; or
ii
was in receipt of long-term incapacity benefit under Part 2 of the SSCBA when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and the applicant remained continuously entitled to —
aa
council tax benefit (in relation to the period prior to 1st April 2013, and
bb
a reduction under this scheme (in relation to the period commencing on 1st April 2013), and
if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family; or
iii
was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the SSCBA or otherwise abated as a consequence of the applicant or his partner becoming a patient within the meaning of paragraph 58(11)(i) (treatment of child care charges); or
iv
was in receipt of personal independence payment, but payment of that benefit has been suspended in accordance with section 86 of the Welfare Reform Act 2012 as a consequence of the applicant becoming a patient within the meaning of paragraph 58(11)(i) (treatment of child care charges); or
v
was in receipt of an AFIP, but payment has been suspended in accordance with any terms of the armed and reserve forces compensation scheme which allow for suspension because a person is undergoing medical treatment in a hospital or similar institution; or
vi
he has an invalid carriage or other vehicle provided to him by the Secretary of State or a clinical commissioning group under paragraph 9 of Schedule 1 to the National Health Service Act 2006 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health, Social Services and Public Safety in Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 ; or
vii
is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994; or
b
the applicant —
i
is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work); and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than —
aa
in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the SSCBA, 196 days;
bb
in any other case, 364 days.
2
For the purposes of sub-paragraph (1)(a)(vii), a person who has ceased to be registered as blind on regaining his eyesight is nevertheless to be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.
3
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he is, on again becoming so incapable of work, immediately thereafter to be treated as satisfying the condition in sub-paragraph (1)(b).
4
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to an applicant by virtue of his satisfying the additional condition specified in that provision, he is to continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance.
5
For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods are to be treated as one continuous period.
6
For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.
7
In the case of an applicant who is a welfare to work beneficiary (a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the SSCBA) —
a
the reference to a period of 8 weeks in sub-paragraph (3); and
b
the reference to a period of 56 days in sub-paragraph (5),
in each case is to be treated as a reference to a period of 104 weeks.
8
The applicant is not entitled to the disability premium if he has, or is treated as having, limited capability for work.
Severe disability premium
11
1
The condition is that the applicant is a severely disabled person.
2
For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if, and only if —
a
in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3) —
i
he is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or an AFIP; and
ii
subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
iii
no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the SSCBA in respect of caring for him;
b
in the case of an applicant who has a partner —
i
the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or an AFIP; and
ii
his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance; and
iii
subject to sub-paragraph (4), the applicant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is entitled to and in receipt of a carer’s allowance in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any partner of a polygamous marriage.
3
Where an applicant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 10(1)(a)(v) and (2), that partner is to be treated for the purposes of sub-paragraph (2)(b)(ii) as if he were not a partner of the applicant.
4
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of —
a
a person receiving attendance allowance, or disability living allowance by virtue of the care component at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment payable at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012; or
b
a person who is blind or is treated as blind within the meaning of paragraph 10(1)(a)(v) and (2).
5
For the purposes of sub-paragraph (2)(b) a person is to be treated —
a
as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment payable at either rate under Part 4 of the Welfare Reform Act 2012, or an AFIP if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
as being entitled to and in receipt of a carer’s allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
6
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account is to be taken of an award of carer’s allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid.
7
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer’s allowance include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
Enhanced disability premium
12
1
Subject to sub-paragraph (2), the condition is that —
a
the Secretary of State has decided that the applicant has, or is to be treated as having, limited capability for work-related activity; or
b
the care component of disability living allowance is, or would be payable at the highest rate prescribed under section 72(3) of the SSCBA, but for a suspension of benefit in accordance with regulations made under section 113(2) of the SSCBA or but for an abatement as a consequence of hospitalisation be payable at the highest rate prescribed under section 72(3) of the SSCBA in respect of —
i
the applicant; or
ii
a member of the applicant’s family,
who has not attained the qualifying age for state pension credit; or
c
the daily living component of personal independence payment is, or would be payable at either rate under Part 4 of the Welfare Reform Act 2012, but for a suspension of benefit in accordance with section 86 of the Welfare Reform Act 2012 in respect of —
i
the applicant; or
ii
a member of the applicant’s family,
who has not attained the qualifying age for state pension credit.
2
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or partner is entitled to child benefit in respect of that person under section 145A of the SSCBA (entitlement after death of child or qualifying young person).
3
The condition is not satisfied if the person to whom sub-paragraph (1) refers is —
a
an applicant who —
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of paragraph 58(11)(i) (treatment of child care charges) and has been for a period of more than 52 weeks; or
b
a member of a couple or a polygamous marriage where each member is a patient within the meaning of paragraph 58(11)(i) and has been for a period of more than 52 weeks.
Disabled child premium
13
The condition is that a child or young person for whom the applicant or a partner of his is responsible and who is a member of the applicant’s household —
a
is in receipt of disability living allowance or personal independence payment or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or
b
is blind or treated as blind within the meaning of paragraph 10; or
c
is a child or young person in respect of whom section 145A of the SSCBA (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the applicant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the applicant’s applicable amount because of that child or young person’s death.
Carer premium
14
1
The condition is that the applicant or his partner is, or both of them are, entitled to a carer’s allowance under section 70 of the SSCBA.
2
Where a carer premium is awarded but —
a
the person in respect of whose care the carer’s allowance has been awarded dies; or
b
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer’s allowance,
the condition for the award of the premium is to be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
3
The relevant date for the purposes of sub-paragraph (2) is —
a
where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance has been awarded or the date of death if the death occurred on a Sunday;
b
in any other case, the date on which the person who has been entitled to a carer’s allowance ceases to be entitled to that allowance.
4
Where a person who has been entitled to a carer’s allowance ceases to be entitled to that allowance and makes an application for a reduction, the condition for the award of the carer premium is to be treated as satisfied for a period of eight weeks from the date on which —
a
the person in respect of whose care the carer’s allowance has been awarded dies; or
b
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
Persons in receipt of concessionary payments
15
For the purpose of determining whether a premium is applicable to a person under paragraphs 10 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.
Persons in receipt of benefit for another
16
For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and is to be so regarded only for any period in respect of which that benefit is paid.
PART 4
Amounts of Premiums Specified in Part 3
17
1
Disability Premium —
Premium Amount
where the applicant satisfies the condition in paragraph 9(a);
(a) £30.35;
where the applicant satisfies the condition in paragraph 9(b).
(b) £43.25.
2
Severe Disability Premium —
(2)
where the applicant satisfies the condition in paragraph 11(2)(a);
(a) £58.20;
where the applicant satisfies the condition in paragraph 11(2)(b) —
in a case where there is someone in receipt of a carer’s allowance or if he or any partner satisfies that condition only by virtue of paragraph 11(5);
(b)(i) £58.20;
in a case where there is no-one in receipt of such an allowance.
(b)(ii) £116.40.
3
Disabled Child Premium.
(3) £56.63 in respect of each child or young person in respect of whom the condition specified in paragraph 13 is satisfied.
4
Carer Premium.
(4) £32.60 in respect of each person who satisfies the condition specified in paragraph 14.
5
Enhanced disability premium
(5) (a) £22.89 in respect of each child or young person in respect of whom the conditions specified in paragraph 12 are satisfied; (b) £14.80 in respect of each person who is neither — (i) a child or young person; nor (ii) a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 12 are satisfied; (c) £21.30 where the applicant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 12 are satisfied in respect of a member of that couple or polygamous marriage.
PART 5
The components
18
Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if —
a
the applicant or the applicant’s partner has made a claim for employment and support allowance;
b
the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity; and
c
either —
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply) applies.
19
Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or his partner is entitled to a converted employment and support allowance.
20
1
The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 9 and 10.
2
Where the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.
The work-related activity component
21
The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work.
The support component
22
The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work-related activity.
PART 6
Amount of Components
23
The amount of the work-related activity component is £28.15.
24
The amount of the support component is £34.05.
PART 7
Transitional Addition
25
1
The applicant is entitled to the transitional addition calculated in accordance with paragraph 28 where the applicant or the applicant’s partner (“the relevant person”) —
a
is entitled to a converted employment and support allowance; or
b
is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2008 and —
i
is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008 as modified by the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2008; and
ii
is not in receipt of an income-related employment and support allowance,
unless the amount of the transitional addition calculated in accordance with paragraph 28 would be nil.
2
The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following —
a
the reduction of the transitional addition to nil in accordance with paragraph 29;
b
the termination of the applicant’s award of reduction under this scheme;
c
the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;
d
the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
e
5th April 2020.
26
1
This paragraph applies where —
a
the applicant’s entitlement to a transitional addition ends, by virtue of the termination of the applicant’s award of reduction, under —
i
paragraph 25(2)(b);
ii
sub-paragraph (3)(b); or
iii
paragraph 27(3)(b);
b
within 12 weeks of that termination but before 5th April 2020 the applicant again becomes entitled to a reduction under this scheme;
c
in the reduction week in which the applicant again becomes entitled to a reduction under this scheme the relevant person is entitled to an employment and support allowance which is not income-related; and
d
at the date on which the applicant again becomes entitled to a reduction under this scheme, neither the applicant nor the applicant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
2
Where this paragraph applies, the applicant is entitled, with effect from the day on which the applicant again becomes entitled to a reduction under this scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 29), unless the amount of the transitional addition would be nil.
3
The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following —
a
the reduction of the transitional addition to nil in accordance with paragraph 29;
b
the termination of the applicant’s award of a reduction under this scheme;
c
the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);
d
the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
e
5th April 2020.
27
1
This paragraph applies where —
a
the applicant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under —
i
paragraph 25(2)(c);
ii
paragraph 26(3)(c); or
iii
sub-paragraph (3)(c);
b
before 5th April 2020 the relevant person again becomes entitled to an employment and support allowance which is not income-related;
c
at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related regulation 145(1) of the Employment and Support Allowance Regulations 2008 applies to the relevant person; and
d
at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the applicant nor the applicant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.
2
Where this paragraph applies, the applicant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for the purposes of a reduction under this scheme, to a transitional addition of the amount of the transitional addition that would have applied had the applicant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 29), unless the amount of the transitional addition would be nil.
3
The applicant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following —
a
the reduction of the transitional addition to nil in accordance with paragraph 29;
b
the termination of the applicant’s award of a reduction under this scheme;
c
the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);
d
the applicant or the applicant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;
e
5th April 2020.
PART 8
Amount of Transitional Addition
28
1
Subject to paragraph 29, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.
2
Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (“the 2010 Regulations ”) is made in respect of the relevant person —
a
Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and
b
Amount B is the basic amount that applied on that day as a result of that decision.
3
Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the 2010 Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations 2008 as modified by the 2010 Regulations —
a
Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and
b
Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.
4
In this paragraph and paragraph 29, “basic amount” means the aggregate of such amounts as may apply in the applicant’s case in accordance with paragraph 26(1)(a) to (e) or paragraph 27(1)(a) to (f) (applicable amounts).
29
1
Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the applicant’s basic amount, the transitional addition that applies immediately before the change of circumstances must be reduced by the amount by which Amount C exceeds Amount D.
2
If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition must be reduced to nil.
3
Amount C is the basic amount that applies as a result of the increase.
4
Amount D is the basic amount that applied immediately before the increase.
SCHEDULE 4
Amount of alternative maximum council tax reduction: pensioners and persons who are not pensioners
Paragraph 31
1
1
Subject to paragraphs 2 and 3, the alternative maximum council tax reduction in respect of a day for the purpose of paragraph 31 (alternative maximum council tax reduction: pensioners and persons who are not pensioners) is determined in accordance with the following Table and in this Table —
a
“second adult” means any person or persons residing with the applicant to whom paragraph 15(2) (class C) or 18(2) (class F) (as the case may be) applies; and
b
“persons to whom paragraph 75(1) of this scheme applies” includes any person to whom that paragraph would apply were they, and their partner if they had one, below the qualifying age for state pension credit.
2
In this Schedule “council tax due in respect of that day” means the council tax payable under section 10 of the 1992 Act less —
a
any reductions made in consequence of any enactment in, or under, the 1992 Act (other than a reduction under this scheme); and
b
in a case to which sub-paragraph (c) in column (1) of the table below applies, the amount of any discount which may be appropriate to the dwelling under the 1992 Act.
(1)
Second adult (2)
Alternative maximum council tax reduction
(a) Where the second adult or all second adults are in receipt of income support, an income-related employment and support allowance or state pension credit or are persons on an income-based jobseeker’s allowance; (a) 25 per cent of the council tax due in respect of that day; (b) where the gross income of the second adult or, where there is more than one second adult, their aggregate gross income disregarding any income of persons on income support, an income-related employment and support allowance, state pension credit or an income-based jobseeker’s allowance — (b) (i) is less than £180.00 per week; (i) 15 per cent of the council tax due in respect of that day; (ii) is not less than £180.00 per week but less than £231.00 per week; (ii) 7.5 per cent of the council tax due in respect of that day; (c) where the dwelling would be wholly occupied by one or more persons to whom paragraph 75(1) of this scheme applies but for the presence of one or more second adults who are in receipt of income support, state pension credit, an income-related employment and support allowance or are persons on an income-based jobseeker’s allowance. (c) 100 per cent of the council tax due in respect of that day.
2
In determining a second adult’s gross income for the purposes of this Schedule, the following must be disregarded from that income —
a
any attendance allowance, any disability living allowance, any personal independence payment under Part 4 of the Welfare Reform Act 2012 or an AFIP;
b
any payment made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006) which, had his income fallen to be calculated under paragraph 54 (calculation of income other than earnings: persons who are not pensioners), would have been disregarded under paragraph 28 of Schedule 8 (income in kind); and
c
any payment which, had his income fallen to be calculated under paragraph 54, would have been disregarded under paragraph 41 of Schedule 8 (payments made under certain trusts and certain other payments).
3
Where there are two or more second adults residing with the applicant for a reduction under this scheme and any such second adult falls to be disregarded for the purposes of discount in accordance with Schedule 1 to the 1992 Act, his income must be disregarded in determining the amount of any alternative maximum council tax reduction, unless that second adult is a member of a couple and his partner does not fall to be disregarded for the purposes of discount.
SCHEDULE 5
Sums disregarded from applicant’s earnings: pensioners
Paragraph 40
1
Where two or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to —
a
£25 in the case of a lone parent;
b
£20 in any other case.
2
In a case where an applicant is a lone parent, £25 of earnings.
3
1
In a case of earnings from any employment or employments to which sub-paragraph (2) applies, £20.
2
This paragraph applies to employment —
a
as a part-time fire-fighter employed by a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
b
a part-time fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005 ) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;
c
as an auxiliary coastguard in respect of coast rescue activities;
d
in the manning or launching of a lifeboat if the employment is part-time;
e
as a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001.
3
If —
a
any of the earnings of the applicant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and
b
either of them has, or both of them have, other earnings,
so much of those other earnings as would not, in the aggregate with the earnings disregarded under that sub-paragraph, exceed £20.
4
1
If the applicant or, if he has a partner, his partner is a carer, or both are carers, £20 of any earnings received from his or their employment.
2
Where the carer premium is awarded in respect of the applicant and of any partner of his, their earnings must for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) must not exceed £20 of the aggregated amount.
3
In this paragraph the applicant or his partner is a carer if paragraph 14 of Part 3 of Schedule 3 (amount applicable for carers) is satisfied in respect of him.
5
1
£20 is disregarded if the applicant or, if he has a partner, his partner —
a
is in receipt of —
i
long-term incapacity benefit under section 30A of the SSCBA;
ii
severe disablement allowance under section 68 of that Act;
iii
attendance allowance under sections 64 of that Act;
iv
disability living allowance;
v
personal independence payment;
vi
an AFIP;
vii
any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983;
viii
the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002; or
ix
main phase employment and support allowance; or
b
is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994; or
c
is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than —
i
in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the Act, 196 days;
ii
in any other case, 364 days; or
d
has, or is treated as having, limited capacity for work within the meaning of section 1(4) of the Welfare Reform Act 1997 or limited capability for work-related activity within the meaning of section 2(5) of that Act and either —
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
ii
regulation 7 of the Employment and Support Allowance Regulations 2008 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arising does not apply) applies.
2
Subject to sub-paragraph (3), £20 is disregarded if the applicant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the applicant or his partner attains the qualifying age for state pension credit, had an award of housing benefit or council tax benefit or been in receipt of a reduction under this scheme and —
a
£20 was disregarded in respect of earnings taken into account in that award; and
b
the person whose earnings qualified for the disregard continues in employment after the termination of that award.
3
The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person’s —
a
entitlement to housing benefit; or
b
receipt of a reduction under a council tax reduction scheme; or
c
employment,
following the first day in respect of which that benefit is awarded under this scheme.
4
£20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the applicant has a partner, both the applicant and his partner satisfy the requirements of this paragraph.
6
1
Where —
a
the applicant (or if the applicant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
paragraph 35 (applicant in receipt of guarantee credit: pensioners) does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 1 to 5 and 8 do not apply; but in any case where the applicant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.
3
Notwithstanding paragraph 33 (calculation of income and capital of members applicant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it does not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there is also to be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance;
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations 2008; or (as the case may be); or
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,
and, in determining for the purposes of this paragraph whether an applicant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
7
Any amount or the balance of any amount which would fall to be disregarded under paragraph 18 or 19 of Schedule 6 had the applicant’s income which does not consist of earnings been sufficient to entitle him to the full amount disregarded thereunder.
8
Except where the applicant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule —
a
£5 is to be disregarded if an applicant who has no partner has earnings;
b
£10 is to be disregarded if an applicant who has a partner has earnings.
9
Any earnings, other than earnings referred to in paragraph 40(9)(b), derived from employment which ended before the day in respect of which the applicant first satisfies the conditions for entitlement to a reduction under this scheme.
10
1
In a case where the applicant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under this Schedule is to be increased by £17.10.
2
The conditions of this sub-paragraph are that —
a
the applicant, or if he has a partner, either the applicant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies; or
b
the applicant —
i
is, or any partner of his is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or
ii
if he is a member of a couple —
aa
at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and
bb
his applicable amount includes a family premium under paragraph 3 of Schedule 2; or
iii
is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or
iv
is, or if he has a partner, one of them is, engaged in remunerative work for on average not less than 16 hours per week and paragraph 5(1) above is satisfied in respect of that person.
3
The following are the amounts referred to in sub-paragraph (1) —
a
any amount disregarded under this Schedule;
b
the amount of child care charges calculated as deductible under paragraph 57(1)(c) (deductions from income of certain child care charges); and
c
£17.10.
4
The provisions of paragraph 10 (remunerative work) apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in sub-paragraph (1) of that paragraph was a reference to 30 hours.
11
Where a payment of earnings is made in a currency other than Sterling, any banking charge or commission payable in converting to that payment into Sterling.
SCHEDULE 6
Amounts to be disregarded in the calculation of income other than earnings: pensioners
Paragraph 40
1
In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 6, £10 of any of the following —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 2 or 3);
b
a war widow’s pension or war widower’s pension;
c
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a pension or payment falling within article 39(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 , so much of that pension or payment as would not, in aggregate with the amount of any guaranteed income payment disregarded, exceed £10;
e
a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
f
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;
g
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
2
The whole of any amount included in a pension to which paragraph 1 relates in respect of —
a
the applicant’s need for constant attendance;
b
the applicant’s exceptionally severe disablement.
3
Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 or any payment intended to compensate for the non-payment of such a supplement.
4
Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.
5
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
6
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
7
£15 of any widowed parent’s allowance to which the applicant is entitled under section 39A of the SSCBA.
8
£15 of any widowed mother’s allowance to which the applicant is entitled under section 37 of the SSCBA.
9
Where the applicant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or
b
where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.
10
If the applicant —
a
owns the freehold or leasehold interest in any property or is a tenant of any property; and
b
occupies a part of that property; and
c
has an agreement with another person allowing that person to occupy another part of that property on payment of rent and —
i
the amount paid by that person is less than £20 per week, the whole of that amount; or
ii
the amount paid is £20 or more per week, £20.
11
Where an applicant receives income under an annuity purchased with a loan, which satisfies the following conditions —
a
that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
b
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
c
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling;
d
that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and
e
that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,
the amount, calculated on a weekly basis, equal to —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
ii
in any other case, the interest which is payable on the loan without deduction of such a sum.
12
1
Any payment, other than a payment to which sub-paragraph (2) applies, made to the applicant by Trustees in exercise of a discretion exercisable by them.
2
This sub-paragraph applies to payments made to the applicant by Trustees in exercise of a discretion exercisable by them for the purpose of —
a
obtaining food, ordinary clothing or footwear or household fuel;
b
the payment of rent, council tax or water charges for which that applicant or his partner is liable;
c
meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002.
3
In a case to which sub-paragraph (2) applies, £20 or —
a
if the payment is less than £20, the whole payment;
b
if, in the applicant’s case, £10 is disregarded in accordance with paragraph 1(a) to (g), £10 or the whole payment if it is less than £10; or
c
if, in the applicant’s case, £15 is disregarded under paragraph 7 or paragraph 8 and —
i
he has no disregard under paragraph 1(a) to (g), £5 or the whole payment if it is less than £5;
ii
he has a disregard under paragraph 1(a) to (g), nil.
4
For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.
13
Any increase in pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 paid in respect of a dependent other than the pensioner’s partner.
14
Any payment ordered by a court to be made to the applicant or the applicant’s partner in consequence of any accident, injury or disease suffered by the person or a child of the person to or in respect of whom the payments are made.
15
Periodic payments made to the applicant or the applicant’s partner under an agreement entered into in settlement of a claim made by the applicant or, as the case may be, the applicant’s partner for an injury suffered by him.
16
Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.
17
Any banking charges or commission payable in converting to Sterling payments of income made in a currency other than Sterling.
18
Where the applicant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating —
a
under, or pursuant to regulations made under powers conferred by, section 22 of the Teaching and Higher Education Act 1998, that student’s award;
b
under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980, that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or
c
the student’s student loan,
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
19
1
Where the applicant is the parent of a student aged under 25 in advanced education who either —
a
is not in receipt of any award, grant or student loan in respect of that education; or
b
is in receipt of an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,
and the applicant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 18, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.
2
For the purposes of sub-paragraph (1), the amount is to be equal to —
a
the weekly amount of the payments; or
b
the amount by way of a personal allowance for a single applicant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),
whichever is less.
20
1
Where an applicant’s applicable amount includes an amount by way of a family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by the applicant’s spouse, civil partner, former spouse or former civil partner or the applicant’s partner’s spouse, civil partner, former spouse, or former civil partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments must be aggregated and treated as if they were a single payment.
21
Except in a case which falls under paragraph 10 of Schedule 5, where the applicant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £17.10.
22
Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 9 does not exceed £10,000, any income actually derived from such capital.
23
Except in the case of income from capital specified in Part 2 of Schedule 9, any actual income from capital.
24
Where the applicant, or the person who was the partner of the applicant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No. 3) Regulations 1999 as in force at that date, the whole of his income.
SCHEDULE 7
Sums disregarded in the calculation of earnings: persons who are not pensioners
Paragraph 53
1
In the case of an applicant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged —
a
where —
i
the employment has been terminated because of retirement; and
ii
on retirement he is entitled to a retirement pension under the Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,
any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;
b
where before the first day of entitlement to a reduction under this scheme the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except —
i
any payment of the nature described in —
aa
paragraph 51(1)(e) (retainer), or
bb
section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
ii
any award, sum or payment of the nature described in —
aa
paragraph 51(1)(g) or (i) (compensation etc. relating to employment), or
bb
section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),
including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings;
c
where before the first day of entitlement to a reduction under this scheme —
i
the employment has not been terminated, but
ii
the applicant is not engaged in remunerative work,
any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in paragraph (b)(i) or (ii)(bb) or paragraph 51(1)(j) (statutory sick pay etc.).
2
In the case of an applicant who, before the first day of entitlement to a reduction under this scheme —
a
has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain; and
b
has ceased to be engaged in that employment, whether or not that employment has been terminated,
any earnings paid or due to be paid in respect of that employment except —
i
where that employment has been terminated, any payment of the nature described in paragraph 1(b)(i) or (ii)(bb);
ii
where that employment has not been terminated, any payment or remuneration of the nature described in paragraph 1(b)(i) or (ii)(bb) or paragraph 51(1)(j) (statutory sick pay etc.).
3
In the case of an applicant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain, would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment, any earnings derived from that employment except earnings to which paragraph 53(3) and (4) (earnings of self-employed earners) apply.
4
1
In a case to which this paragraph applies and paragraph 5 does not apply, £20; but notwithstanding paragraph 33 (calculation of income and capital of members of an applicant’s family and of a polygamous marriage) if this paragraph applies to an applicant it does not apply to his partner except where, and to the extent that, the earnings of the applicant which are to be disregarded under this paragraph are less than £20.
2
This paragraph applies where the applicant’s applicable amount includes an amount by way of the disability premium, severe disability premium, work-related activity component or support component under Schedule 3 (applicable amounts: persons who are not pensioners).
3
This paragraph applies where —
a
the applicant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3; and
b
he or his partner has not attained the qualifying age for state pension credit and at least one is engaged in employment.
5
In a case where the applicant is a lone parent, £25.
6
1
In a case to which neither paragraph 4 nor paragraph 5 applies to the applicant and, subject to sub-paragraph (2), where the applicant’s applicable amount includes an amount by way of the carer premium under Schedule 3 (applicable amounts: persons who are not pensioners), £20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of carer’s allowance or treated in accordance with paragraph 14(2) of that Schedule as being in receipt of carer’s allowance.
2
Where the carer premium is awarded in respect of the applicant and of any partner of his, their earnings must for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) must not exceed £20 of the aggregated amount.
7
Where the carer premium is awarded in respect of an applicant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment —
a
specified in paragraph 9(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 6 exceed £20;
b
other than one specified in paragraph 9(1), so much of the other member’s earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 5 exceed £20.
8
In a case where paragraphs 4, 6, 7 and 9 do not apply to the applicant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding paragraph 33 (calculation of income and capital of members of applicant’s family and of a polygamous marriage), if this paragraph applies to an applicant it must not apply to his partner except where, and to the extent that, the earnings of the applicant which are to be disregarded under this paragraph are less than £10.
9
1
In a case where paragraphs 4, 6, 7 and 9 do not apply to the applicant, £20 of earnings derived from one or more employments as —
a
a part-time fire-fighter employed by a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
b
a part-time fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;
c
an auxiliary coastguard in respect of coast rescue activities;
d
a person engaged part-time in the manning or launching of a life boat;
e
a member of any territorial or reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001;
but, notwithstanding paragraph 33 (calculation of income and capital of members of applicant’s family and of a polygamous marriage), if this paragraph applies to an applicant it must not apply to his partner except to the extent specified in sub-paragraph (2).
2
If the applicant’s partner is engaged in employment —
a
specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the applicant’s earnings disregarded under this paragraph exceed £20;
b
other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the applicant’s earnings disregarded under this paragraph exceed £20.
10
Where the applicant is engaged in one or more employments specified in paragraph 9(1), but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other employment, so much of his earnings from that other employment, up to £5 if he is a single applicant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 9 exceed £20.
11
In a case to which none of the paragraphs 4 to 10 applies, £5.
12
1
Where —
a
the applicant (or if the applicant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
paragraph 14 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 4 to 11 do not apply; but in any case where the applicant is a lone parent, and the specified amount would be less than the amount specified in paragraph 5, then paragraph 5 applies instead of this paragraph.
3
Notwithstanding paragraph 33 (calculation of income and capital of members of applicant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it does not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there must also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations 2008; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,
and, in determining for the purposes of this paragraph whether an applicant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
13
Any amount or the balance of any amount which would fall to be disregarded under paragraph 23 or 24 of Schedule 8 had the applicant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.
14
Where an applicant is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, his earnings.
15
Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.
16
Where a payment of earnings is made in a currency other than Sterling, any banking charge or commission payable in converting that payment into Sterling.
17
Any earnings of a child or young person.
18
1
In a case where the applicant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under paragraphs 4 to 12 must be increased by £17.10.
2
The conditions of this sub-paragraph are that —
a
the applicant, or if he is a member of a couple, either the applicant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies; or
b
the applicant —
i
is, or if he is a member of a couple, at least one member of that couple is aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or
ii
is a member of a couple and —
aa
at least one member of that couple, is engaged in remunerative work for on average not less than 16 hours per week; and
bb
his applicable amount includes a family premium under paragraph 4 of Schedule 3; or
iii
is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or
iv
is, or if he is a member of a couple, at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and —
aa
the applicant’s applicable amount includes a disability premium under paragraph 9, the work-related activity component under paragraph 21 or the support component under paragraph 22 of Schedule 3 respectively;
bb
where he is a member of a couple, at least one member of that couple satisfies the qualifying conditions for the disability premium or either of the components referred to in paragraph (aa) above and is engaged in remunerative work for on average not less than 16 hours per week; or
c
the applicant is, or if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
3
The following are the amounts referred to in sub-paragraph (1) —
a
the amount calculated as disregardable from the applicant’s earnings under paragraphs 4 to 12;
b
the amount of child care charges calculated as deductible under paragraph 57(1)(c); and
c
£17.10.
4
The provisions of paragraph 10 (remunerative work) apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in sub-paragraph (1) of that paragraph were a reference to 30 hours.
19
In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 16 hours a week.
SCHEDULE 8
Sums disregarded in the calculation of income other than earnings: persons who are not pensioners
Paragraph 54
1
Any payment made to the applicant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Pilot Scheme.
2
Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.
3
Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.
4
Any amount paid by way of tax on income which is to be taken into account under regulation 30 (calculation of income other than earnings).
5
Any payment in respect of any expenses incurred or to be incurred by an applicant who is —
a
engaged by a charitable or voluntary organisation, or
b
a volunteer,
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under paragraph 56(5) (notional income: persons who are not pensioners).
6
Any payment in respect of expenses arising out of the applicant’s participation in a service user group.
7
In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
8
Where an applicant is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, the whole of his income.
9
Where the applicant is a member of a joint-claim couple for the purposes of the Jobseekers Act and his partner is on an income-based jobseeker’s allowance, the whole of the applicant’s income.
10
Where the applicant, or the person who was the partner of the applicant on 31st March 2003, was entitled on that date to income support or an income-based jobseeker’s allowance but ceased to be so entitled on or before 5th April 2003 by virtue only of regulation 13 of the Housing Benefit (General) Amendment (No. 3) Regulations 1999 as in force at that date, the whole of his income.
11
Any disability living allowance, personal independence payment or an AFIP.
12
Any concessionary payment made to compensate for the non-payment of —
a
any payment specified in paragraph 11 or 14;
b
income support;
c
an income-based jobseeker’s allowance;
d
an income-related employment and support allowance.
13
Any mobility supplement under article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 or any payment intended to compensate for the non-payment of such a supplement.
14
Any attendance allowance.
15
Any payment to the applicant as holder of the Victoria Cross or of the George Cross or any analogous payment.
16
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.);
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities);
iii
directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992;
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002 (power of Secretary of State and the Welsh Ministers to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or
ii
regulations made under section 181 of that Act; or
c
in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).
17
Any payment made to the applicant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc.) Regulations 2002.
18
1
Any payment made pursuant to section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except a payment —
a
made as a substitute for income support, a jobseeker’s allowance, incapacity benefit, severe disablement allowance or an employment and support allowance;
b
of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990; or
c
intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst an applicant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the 1973 Act and the period of education or training or the scheme, which is supported by that loan, has been completed.
2
The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the applicant or, where the applicant is a member of a family, any other member of his family, or any council tax or water charges for which that applicant or member is liable.
19
1
Subject to sub-paragraph (2), any of the following payments —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the applicant;
d
a payment under an annuity purchased —
i
pursuant to any agreement or court order to make payments to the applicant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the applicant; or
e
a payment (not falling within paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the applicant in consequence of any personal injury to the applicant.
2
Sub-paragraph (1) does not apply to a payment which is made or due to be made by —
a
a former partner of the applicant, or a former partner of any member of the applicant’s family; or
b
the parent of a child or young person where that child or young person is a member of the applicant’s family.
20
Subject to paragraph 40, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 13 or 14);
b
a war widow’s pension or war widower’s pension;
c
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of that pension or payment as would not, in aggregate with the amount of any guaranteed income payment disregarded, exceed £10;
e
a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
f
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in paragraphs (a) to (d) above;
g
pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
21
Subject to paragraph 40, £15 of any —
a
widowed mother’s allowance paid pursuant to section 37 of the SSCBA;
b
widowed parent’s allowance paid pursuant to section 39A of the SSCBA.
22
1
Any income derived from capital to which the applicant is or is treated under paragraph 70 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 4, 5, 7, 11, 17 or 30 to 33 of Schedule 10.
2
Income derived from capital disregarded under paragraphs 5, 7 or 30 to 33 of Schedule 10 but only to the extent of —
a
any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
b
any council tax or water charges which the applicant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
3
The definition of “water charges” in paragraph 2(1) (interpretation) applies to sub-paragraph (2) of this paragraph with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.
23
Where the applicant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating —
a
under, or pursuant to regulations made under powers conferred by, section 22 of the Teaching and Higher Education Act 1998, that student’s award;
b
under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980, that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or
c
the student’s student loan,
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
24
1
Where the applicant is the parent of a student aged under 25 in advanced education who either —
a
is not in receipt of any award, grant or student loan in respect of that education; or
b
is in receipt of an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,
and the applicant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 23, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.
2
For the purposes of sub-paragraph (1), the amount must be equal to —
a
the weekly amount of the payments; or
b
the amount by way of a personal allowance for a single applicant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),
whichever is less.
25
Any payment made to the applicant by a child or young person or a non-dependant.
26
Where the applicant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 25 or 27 refers and there is a contractual liability to make payments to the applicant in respect of the occupation of the dwelling by that person or a member of his family —
a
where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or
b
where the aggregate of any such payments is £20 or more per week, £20.
27
Where the applicant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for which such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent of such payments;
b
where the aggregate of any such payments exceeds £20, £20 and 50 per cent of the excess over £20.
28
1
Any income in kind, except where paragraph 54(10)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act 1999 in the calculation of income other than earnings) applies.
2
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the applicant which is used by the third party to provide benefits in kind to the applicant.
29
Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.
30
1
Any payment made to the applicant in respect of a person who is a member of his family —
a
pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance or with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payments of allowances to adopters) or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);
b
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);
c
which is a payment made by an authority, as defined in Article 2 of the Children (Northern Ireland) Order 1995, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
d
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);
2
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the applicant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
31
Any payment made to the applicant with whom a person is accommodated by virtue of arrangements made —
a
by a local authority under —
i
section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after),
ii
section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or
iii
regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or
b
by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).
32
Any payment made to the applicant or his partner for a person (“the person concerned”), who is not normally a member of the applicant’s household but is temporarily in his care, by —
a
a health authority;
b
a local authority but excluding payments of housing benefit made in respect of the person concerned;
c
a voluntary organisation;
d
the person concerned pursuant to section 26(3A) of the National Assistance Act 1948;
e
a primary care trust established under section 16A of the National Health Service Act 1977 or established by an order made under section 18(2)(c) of the National Health Service Act 2006; or
f
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
33
Any payment made by a local authority in accordance with section 17, 23B, 23C or 24A of the Children Act 1989 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 or section 22, 29 or 30 of the Children (Scotland) Act 1995 (provision of services for children and their families and advice and assistance to certain children).
34
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the applicant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the applicant’s care, and
b
is aged 18 or over, and
c
continues to live with the applicant.
35
1
Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments —
a
on a loan which is secured on the dwelling which the applicant occupies as his home; or
b
under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part 3 of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) is only to be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to —
a
maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (1)(b); and
b
meet any amount due by way of premiums on —
i
that policy; or
ii
in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the applicant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).
36
Any payment of income which by virtue of paragraph 64 (income treated as capital: persons who are not pensioners) is to be treated as capital.
37
Any —
a
social fund payment made pursuant to Part 8 of the SSCBA (the social fund); or
b
occasional assistance.
38
Any payment under Part 10 of the SSCBA (Christmas bonus for pensioners).
39
Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
40
The total of an applicant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under paragraph 33(3) (calculation of income and capital of members of applicant’s family and of a polygamous marriage) to be disregarded under paragraph 77(2)(b) and paragraph 78(1)(d) (calculation of covenant income where a contribution assessed, covenant income where no grant income or no contribution is assessed), paragraph 81(2) (treatment of student loans), paragraph 82(3) (treatment of payments from access funds) and paragraphs 20 and 21 must in no case exceed £20 per week.
41
1
Any payment made under or by any of the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006).
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of —
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;
b
any child who is a member of that person’s family or who was such a member and who is a member of the applicant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the applicant’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of —
a
the person who is suffering from haemophilia or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the applicant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the applicant’s family.
4
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where —
a
that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a young person or a student who has not completed his education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who was or had been a member of his family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.
7
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts is to be construed as including a reference to the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation and the London Bombings Relief Charitable Fund.
42
Any housing benefit.
43
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
44
Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
45
Any payment in consequence of a reduction of council tax under section 13 of the 1992 Act (reduction of liability for council tax).
46
1
Any payment or repayment made —
a
as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
b
as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
c
as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).
47
Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).
48
Any payment made by either the Secretary of State for Justice or by the Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.
49
1
Where an applicant’s applicable amount includes an amount by way of family premium, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the applicant’s former partner, or the applicant’s partner’s former partner.
2
For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments must be aggregated and treated as if they were a single payment.
3
A payment made by the Secretary of State in lieu of maintenance must, for the purpose of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).
50
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the applicant’s family, except where the person making the payment is the applicant or the applicant’s partner.
2
In sub-paragraph (1) —
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under —
the Child Support Act 1991 ;
the Child Support (Northern Ireland) Order 1991;
a court order;
a consent order;
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.
51
Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 to assist disabled persons to obtain or retain employment despite their disability.
52
Any guardian’s allowance.
53
1
If the applicant is in receipt of any benefit under Part 2, 3 or 5 of the SSCBA, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the applicant’s family.
2
If the applicant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the applicant’s family.
54
Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.
55
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
56
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
57
Any council tax benefit to which the applicant is entitled.
58
Except in a case which falls under sub-paragraph (1) of paragraph 18 of Schedule 7, where the applicant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £17.10.
59
Any payment made under section 12B of the Social Work (Scotland) Act 1968, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments).
60
1
Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person —
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) applies only in respect of payments which are paid to that person from the special account.
61
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the applicant or where the applicant is a member of a family, any other member of his family, or any council tax or water charges for which that applicant or member is liable.
3
For the purposes of sub-paragraph (2) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made.
62
Where the amount of subsistence allowance paid to a person in a reduction week exceeds the amount of income-based jobseeker’s allowance that person would have received in that reduction week had it been payable to him, less 50p, that excess amount.
63
In the case of an applicant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the applicant, being a fee, grant, loan or otherwise.
64
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 .
65
1
Any payment made by a local authority or by the Welsh Ministers, to or on behalf of the applicant or his partner relating to a service which is provided to develop or sustain the capacity of the applicant or his partner to live independently in his accommodation.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
66
Any payment of child benefit.
SCHEDULE 9
Capital disregards: pensioners
Paragraph 63
PART 1
Capital to be disregarded
1
Any premises acquired for occupation by the applicant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the applicant to obtain possession and commence occupation of the premises.
2
Any premises which the applicant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
3
Any premises which the applicant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the applicant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.
4
Any premises occupied in whole or in part —
a
by a person who is a relative of the applicant or his partner as his home where that person has attained the qualifying age for state pension credit or is incapacitated;
b
by the former partner of the applicant as his home; but this provision does not apply where the former partner is a person from whom the applicant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.
5
Any future interest in property of any kind, other than land or premises in respect of which the applicant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
6
Where an applicant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner or the dissolution of a civil partnership with his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.
7
Any premises where the applicant is taking reasonable steps to dispose of the whole of his interest in those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
8
All personal possessions.
9
The assets of any business owned in whole or in part by the applicant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.
10
The assets of any business owned in whole or in part by the applicant if —
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,
for a period of 26 weeks from the date on which the application for a reduction under this scheme is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
11
The surrender value of any policy of life insurance.
12
The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which —
a
the applicant makes one or more payments to another person (“the provider”);
b
the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom for the applicant on his death; and
c
the sole purpose of the plan is to provide or secure the provision of a funeral for the applicant on his death.
13
Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of —
a
the applicant;
b
the applicant’s partner;
c
the applicant’s deceased spouse or deceased civil partner; or
d
the applicant’s partner’s deceased spouse or deceased civil partner,
by the Japanese during the Second World War, an amount equal to that payment.
14
1
Subject to sub-paragraph (2), the amount of any trust payment made to an applicant or an applicant’s partner who is —
a
a diagnosed person;
b
a diagnosed person’s partner or was a diagnosed person’s partner at the time of the diagnosed person’s death; or
c
a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph applies for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph applies for the period beginning on the date on which the trust payment is made and ending two years after that date.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to an applicant or an applicant’s partner who is —
a
the diagnosed person;
b
a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death; or
c
a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.
4
Where a payment such as referred to in sub-paragraph (3) is made to —
a
a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph applies for the period beginning on the date on which the payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(c), that sub-paragraph applies for the period beginning on the date on which the payment is made and ending two years after that date.
5
In this paragraph, a reference to a person —
a
being the diagnosed person’s partner;
b
acting in place of the diagnosed person’s parents,
at the date of the diagnosed person’s death includes a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home or an independent hospital.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.
15
The amount of any payment, other than a war pension, to compensate for the fact that the applicant, the applicant’s partner, the applicant’s deceased spouse or civil partner or the applicant’s partner’s deceased spouse or civil partner —
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
16
1
Any payment made under or by —
a
the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, or the London Bombings Relief Charitable Fund (collectively referred to in this paragraph as “the Trusts”); or
b
the Independent Living Fund (2006).
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts and which is made to or for the benefit of that person’s partner or former partner —
a
from whom he is not, or where that person has died was not, estranged or divorced, or
b
with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person which derives from a payment made under or by any of the Trusts and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.
4
Sub-paragraph (3) does not apply if —
a
the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, or
b
where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death.
5
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts, where —
a
that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child who is or had been a member of that person’s household; and
b
the payment is made either —
i
to that person’s parent or step-parent; or
ii
where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,
but only for a period from the date of the payment until the end of two years from that person’s death.
6
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts, where —
a
that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child who was or had been a member of his household; and
b
the payment is made either —
i
to that person’s parent or step-parent; or
ii
where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,
but only for a period of two years from the relevant date.
7
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.
17
1
An amount equal to the amount of any payment made in consequence of any personal injury to the applicant or, if the applicant has a partner, to the partner.
2
Where the whole or part of the payment is administered —
a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;
b
in accordance with an order made under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of those Rules; or
c
in accordance with the terms of a trust established for the benefit of the applicant or his partner,
the whole of the amount so administered.
18
Any amount specified in paragraph 19, 20, 21 or 25 for a period of one year beginning with the date of receipt.
19
Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the applicant as his home and to his personal possessions.
20
So much of any amounts paid to the applicant or deposited in the applicant’s name for the sole purpose of —
a
purchasing premises which the applicant intends to occupy as his home; or
b
effecting essential repairs or alterations to the premises occupied or intended to be occupied by the applicant as his home.
21
1
Subject to paragraph 22 any amount paid —
a
by way of arrears of benefit;
b
by way of compensation for the late payment of benefit;
c
in lieu of the payment of benefit;
d
to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;
e
by a local authority out of funds provided under either section 93 of the Local Government Act 2000 under a scheme known as “Supporting People” or section 91 of the Housing (Scotland) Act 2001.
2
In sub-paragraph (1), “benefit” means —
a
attendance allowance under section 64 of the Act;
b
disability living allowance;
c
personal independence payment;
d
an AFIP;
e
income support;
f
income-based jobseeker’s allowance;
g
state pension credit;
h
housing benefit;
i
council tax benefit;
j
child tax credit;
k
an increase of a disablement pension under section 104 of the SSCBA (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);
l
any amount included on account of the applicant’s exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow’s or widower’s pension;
m
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001;
n
working tax credit; or
o
income-related employment and support allowance.
22
1
Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and which has been received by the applicant in full on or after the day on which he became entitled to a reduction under this scheme.
2
Subject to sub-paragraph (3), the total amount of any payments disregarded under —
a
paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations 1987;
b
paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations 1996;
c
paragraph 9(2) of Schedule 5 to the Council Tax Benefit Regulations 2006;
d
paragraph 20A of Schedule 5 to the State Pension Credit Regulations 2002,
e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations 2008,
where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.
3
Any disregard which applies under sub-paragraph (1) or (2) has effect until the award comes to an end.
4
In this paragraph —
“the award”, except in sub-paragraph (2), means —
the award of a reduction under the authority’s scheme during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and
where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the applicant —
is the person who received the relevant sum;
is the partner of that person; or
was the partner of that person at the date of his death;
“official error” —
where the error relates to housing benefit, or council tax benefit (in respect of any period before 1st April 2013), has the meaning given by regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ; and
where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;
“the relevant date” means the date on which the application for a reduction under this scheme was made;
“relevant benefit” means any benefit specified in paragraph 21(2); and
“the relevant sum” means the total amount referred to in sub-paragraph (1).
23
Where a capital asset is held in a currency other than Sterling, any banking charge or commission payable in converting that capital into Sterling.
24
The value of the right to receive income from an occupational pension scheme or a personal pension scheme.
25
Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.
26
The dwelling occupied as the home; but only one dwelling is to be disregarded under this paragraph.
27
1
Subject to sub-paragraph (2), where an applicant falls within class C (alternative maximum council tax reduction: pensioners), the whole of his capital.
2
Sub-paragraph (1) does not apply where an applicant falls within class B and class C.
28
Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to SSCBA or under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to —
a
except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
b
the amount of that lump sum,
but only for so long as that person does not change that election in favour of an increase of pension or benefit.
29
Any payments made by virtue of regulations made under —
a
section 57 of the Health and Social Care Act 2001 (direct payments);
b
section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services);
c
sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care);
d
Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (general social welfare); or
e
section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments).
PART 2
Capital disregarded only for the purposes of determining deemed income
30
The value of the right to receive any income under a life interest or from a life rent.
31
The value of the right to receive any rent except where the applicant has a reversionary interest in the property in respect of which rent is due.
32
The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.
33
Where property is held under a trust, other than —
a
a charitable trust within the meaning of the Charities Act 1993; or
b
a trust set up with any payment to which paragraph 16 applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the applicant or the applicant’s partner, or both, that property.
SCHEDULE 10
Capital disregards: persons who are not pensioners
Paragraph 63
1
Any payment made to the applicant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Scheme but only for 52 weeks beginning with the date of receipt of the payment.
2
Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.
3
Any payment made to the applicant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme but only for 52 weeks beginning with the date of receipt of the payment.
4
The dwelling together with any garage, garden and outbuildings, normally occupied by the applicant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, but, notwithstanding paragraph 33 (calculation of income and capital of members of applicant’s family and of a polygamous marriage), only one dwelling is to be disregarded under this paragraph.
5
Any premises acquired for occupation by the applicant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the applicant to obtain possession and commence occupation of the premises.
6
Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the applicant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the applicant to complete the purchase.
7
Any premises occupied in whole or in part —
a
by a partner or relative of a single applicant or any member of the family as his home where that person has attained the qualifying age for state pension credit or is incapacitated;
b
by the former partner of the applicant as his home; but this provision does not apply where the former partner is a person from whom the applicant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.
8
Where an applicant is on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, the whole of his capital.
9
Where the applicant is a member of a joint-claim couple for the purposes of the Jobseekers Act 1995 and his partner is on income-based jobseeker’s allowance, the whole of the applicant’s capital.
10
Any future interest in property of any kind, other than land or premises in respect of which the applicant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
11
1
The assets of any business owned in whole or in part by the applicant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
2
The assets of any business owned in whole or in part by the applicant where —
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business,
for a period of 26 weeks from the date on which the application for a reduction under this scheme is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
3
In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.
4
In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.
12
1
Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of —
a
any payment specified in paragraphs 11, 13 or 14 of Schedule 8;
b
an income-related benefit under Part 7 of the SSCBA;
c
an income-based jobseeker’s allowance;
d
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001;
e
working tax credit and child tax credit;
f
an income-related employment and support allowance,
but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.
2
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as “the relevant sum”) and is —
a
paid in order to rectify or to compensate for, an official error as defined in regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001; and
b
received by the applicant in full on or after 14th October 2001,
sub-paragraph (1) has effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the period of an award of a reduction under this scheme, for the remainder of that period if that is a longer period.
3
For the purposes of sub-paragraph (2), “the period of an award of a reduction under this scheme” means —
a
the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment); and
b
where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award the applicant —
i
is the person who received the relevant sum; or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death.
13
Any sum —
a
paid to the applicant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or
b
acquired by the applicant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to the home,
which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.
14
Any sum —
a
deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985 as a condition of occupying the home;
b
which was so deposited and which is to be used for the purchase of another home,
for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the applicant to complete the purchase.
15
Any personal possessions except those which have been acquired by the applicant with the intention of reducing his capital in order to secure entitlement to a reduction under this scheme or to increase the amount of that reduction.
16
The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.
17
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the applicant or applicant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.
18
1
Any payment made to the applicant or the applicant’s partner in consequence of any personal injury to the applicant or, as the case may be, the applicant’s partner.
2
But sub-paragraph (1) —
a
applies only for the period of 52 weeks beginning with the day on which the applicant first receives any payment in consequence of that personal injury;
b
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
c
ceases to apply to the payment or any part of the payment from the day on which the applicant no longer possesses it;
d
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the applicant.
3
For the purposes of sub-paragraph (2)(c), the circumstances in which an applicant no longer possesses a payment or a part of it include where the applicant has used a payment or part of it to purchase an asset.
4
References in sub-paragraphs (2) and (3) to the applicant are to be construed as including references to his partner (where applicable).
19
The value of the right to receive any income under a life interest or from a life rent.
20
The value of the right to receive any income which is disregarded under paragraph 15 of Schedule 7 or paragraph 29 of Schedule 8.
21
The surrender value of any policy of life insurance.
22
Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.
23
Any payment made by a local authority in accordance with section 17, 23B, 23C or 24A of the Children Act 1989 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 or sections 22, 29 or 30 of the Children (Scotland) Act 1995 (provision of services for children and their families and advice and assistance to certain children).
24
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the applicant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the applicant’s care, and
b
is aged 18 or over, and
c
continues to live with the applicant.
25
Any —
a
social fund payment made pursuant to Part 8 of the SSCBA (the social fund); or
b
occasional assistance.
26
Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 (deduction of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.
27
Any capital which by virtue of paragraph 55 or 81 (capital treated as income: persons who are not pensioners, treatment of student loans) is to be treated as income.
28
Where any payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
29
1
Any payment made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Independent Living Fund (2006), the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of —
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;
b
any child who is a member of that person’s family or who was such a member and who is a member of the applicant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the applicant’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of —
a
the person who is suffering from haemophilia or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the applicant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the applicant’s family.
4
Sub-paragraph (3) does not apply if —
a
the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, or
b
where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death.
5
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where —
a
that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent; or
ii
where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
6
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and
b
the payment is made either —
i
to that person’s parent or step-parent; or
ii
where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
7
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.
8
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts is to be construed as including a reference to the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, and the London Bombings Relief Charitable Fund.
30
1
Where an applicant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from, or dissolution of his civil partnership with, his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.
2
In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the applicant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.
31
Any premises where the applicant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
32
Any premises which the applicant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
33
Any premises which the applicant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the applicant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.
34
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
35
The value of the right to receive an occupational or personal pension.
36
The value of any funds held under a personal pension scheme.
37
The value of the right to receive any rent except where the applicant has a reversionary interest in the property in respect of which rent is due.
38
Any payment in kind made by a charity or under or by the Trusts, the Fund, MFET Limited, the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006).
39
Any payment made pursuant to section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.
40
Any payment in consequence of a reduction of council tax under section 13 of the 1992 Act (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.
41
Any grant made in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used —
a
to purchase premises intended for occupation as his home; or
b
to carry out repairs or alterations which are required to render premises fit for occupation as his home,
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the applicant to commence occupation of those premises as his home.
42
Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.
43
1
Any payment or repayment made —
a
as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);
b
as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);
c
as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
2
Any payment or repayment made by the Secretary of State for Health, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.
44
Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
45
Any payment made under Part 8A of the SSCBA (entitlement to health in pregnancy grant).
46
Any payment made either by the Secretary of State for Justice or by Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.
47
Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 to assist disabled persons to obtain or retain employment despite their disability.
48
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers’ Scheme.
49
1
Subject to sub-paragraph (2), where an applicant falls within class F (alternative maximum council reduction: persons who are not pensioners), the whole of his capital.
2
Sub-paragraph (1) does not apply where an applicant falls within class E and class F.
50
1
Any sum of capital to which sub-paragraph (2) applies and —
a
which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;
b
which can only be disposed of by order or direction of any such court; or
c
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
2
This sub-paragraph applies to a sum of capital which is derived from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
51
Any sum of capital administered on behalf of a person in accordance with an order made under section 13 of the Children (Scotland) Act 1995, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of those Rules, where such sum derives from —
a
award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents where the person concerned is under the age of 18.
52
Any payment to the applicant as holder of the Victoria Cross or George Cross.
53
In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.
54
1
Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the applicant or, where the applicant is a member of a family, any other member of his family, or any council tax or water charges for which that applicant or member is liable.
3
For the purposes of sub-paragraph (2) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made.
55
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992;
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002 (power of Secretary of State and the Welsh Ministers to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or
ii
regulations made under section 181 of that Act; or
c
in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).
56
In the case of an applicant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the applicant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.
57
Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.
58
Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of —
a
the applicant;
b
the applicant’s partner;
c
the applicant’s deceased spouse or deceased civil partner; or
d
the applicant’s partner’s deceased spouse or deceased civil partner,
by the Japanese during the Second World War, £10,000.
59
1
Subject to sub-paragraph (2), the amount of any trust payment made to an applicant or a member of an applicant’s family who is —
a
a diagnosed person;
b
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
c
a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph applies for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph applies for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph applies for the period beginning on the date on which the trust payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 20,
whichever is the latest.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to an applicant or a member of an applicant’s family who is —
a
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
b
a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
c
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
4
Where a payment as referred to in sub-paragraph (3) is made to —
a
a person referred to in sub-paragraph (3)(a), that sub-paragraph applies for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph applies for the period beginning on the date on which that payment is made and ending two years after that date; or
c
person referred to in sub-paragraph (3)(c), that sub-paragraph applies for the period beginning on the date on which that payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 20,
whichever is the latest.
5
In this paragraph, a reference to a person —
a
being the diagnosed person’s partner;
b
being a member of a diagnosed person’s family;
c
acting in place of the diagnosed person’s parents,
at the date of the diagnosed person’s death includes a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home, an Abbeyfield Home or an independent hospital on that date.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeld-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeld-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.
60
The amount of any payment, other than a war pension, to compensate for the fact that the applicant, the applicant’s partner, the applicant’s deceased spouse or deceased civil partner or the applicant’s partner’s deceased spouse or deceased civil partner —
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
61
1
Any payment made by a local authority, or by the Welsh Ministers, to or on behalf of the applicant or his partner relating to a service which is provided to develop or sustain the capacity of the applicant or his partner to live independently in his accommodation.
2
For the purposes of sub-paragraph (1) “local authority” includes in England a county council.
62
Any payment made under regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care).
63
Any payment made to the applicant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
64
Any payment made to the applicant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services). |
The Pensions Act 2007 (Commencement No. 4) (Amendment) Order 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 30(2)(b) of the Pensions Act 2007 .
Citation
1
This Order may be cited as the Pensions Act 2007 (Commencement No. 4) (Amendment) Order 2012.
Amendment of the Pensions Act 2007 (Commencement No. 4) Order 2011
2
The Pensions Act 2007 (Commencement No. 4) Order 2011 is amended as follows —
a
in article 2(b) (commencement of provisions), for sub-paragraphs (i) to (iii) substitute —
i
paragraph 46, in so far as it relates to the provisions specified in sub-paragraphs (ii), (iii) and (iv) of this paragraph,
ii
paragraph 59(1), in so far as it relates to paragraph 59(2) and (4),
iii
paragraph 59(2) and (4), and
iv
paragraph 60, and
,
b
in article 2(c), at the end insert “, and section 137(7)(a) of the Pensions Act 1995 ”,
c
in article 3(a), in sub-paragraph (iii) for “paragraphs 47, 49 and 54” substitute “the provisions specified in sub-paragraphs (iv), (v) and (vi) of this paragraph”, and
d
in article 3(b) —
i
in sub-paragraph (ii), for “sections 8(3) and 31” substitute “sections 8(3), 31 and 45B”,
ii
in sub-paragraph (iii), at the beginning insert “section 139 of, and”, and
iii
in sub-paragraph (iv), for “paragraphs 34(b) and 43” substitute “paragraphs 34(b), 43 and 50”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
20th March 2012 |
The Legislative Reform (Annual Review of Local Authorities) Order 2012
Citation and commencement
1
This Order may be cited as the Legislative Reform (Annual Review of Local Authorities) 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 Education and Inspections Act 2006 .
Repeal of duty to review local authorities annually
3
Section 138 of the Act (annual reviews of local authorities in England) is repealed.
Consequential amendments
4
1
In section 120(3)(c) of the Act (Children’s Rights Director), omit “and review” (in both places).
2
In the heading to Chapter 4 of Part 8 of the Act, omit “and Review”.
3
In the italic cross-heading above section 136 of the Act, omit the words “and annual reviews”.
4
In section 139 of the Act (power of entry) —
a
in subsection (1), omit paragraph (b) and the “and” immediately before it; and
b
in subsection (2), omit “or review”.
5
In section 140 of the Act (power to inspect documents, etc ) —
a
in subsection (1), omit paragraph (b) and the “and” immediately before it; and
b
in subsection (2) —
i
in the opening words omit “or review”; and
ii
in paragraph (a)(i), omit “or reviewed”.
6
In paragraph 1(9B)(r) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity), for the words “or a review” to the end, substitute “of that Act (inspections of local authorities in England)”.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
17th July 2012 |
The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 12(2), (3) and (4), 13(2), (6) and (4), 16, 16A and 25(2), (3) and (5) of the Welfare Reform Act 2007 and sections 10(6) and 79(4) and (6) of the Social Security Act 1998 after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it .
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012 and come into force on 3rd December 2012.
2
These Regulations apply to a claimant only in relation to a failure to take part in a work-focused interview or to undertake work-related activity which occurs on or after 3 rd December 2012.
3
In these Regulations “the ESA Regulations ” means the Employment and Support Allowance Regulations 2008 .
Amendment of Regulation 2 of the ESA Regulations (interpretation)
2
In regulation 2(1) of the ESA Regulations (interpretation), after the definition of “guaranteed income payment” insert —
“hardship payment” means an income-related employment and support allowance payable at a reduced rate in accordance with the provisions of regulation 64D;
.
Amendment of Regulation 61 of the ESA Regulations (failure to take part in a work-focused interview)
3
In regulation 61 of the ESA Regulations (failure to take part in a work-focused interview) (omit paragraph (3).
Amendment of Regulation 63 of the ESA Regulations (reduction of employment and support allowance)
4
1
Regulation 63 of the ESA Regulations (reduction of employment and support allowance) is amended as follows.
2
For paragraph (2) substitute —
2
Subject to paragraph (3), the amount of the reduction in relation to each failure determination is 100% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4.
.
3
In paragraph (3), in sub-paragraph (c), for “amount of the work-related activity component as set out in Part 4” substitute “prescribed amount for a single claimant as set out in paragraph 1(a) of Part 1”.
4
After paragraph (5) insert —
6
Subject to paragraph (10), the reduction is to have effect for —
a
one week for each 7 day period during which the claimant fails to meet a compliance condition; and
b
a further fixed period determined in accordance with paragraph (7).
7
The length of the fixed period is —
a
1 week, where there has been no previous failure by the claimant which falls within paragraph (8);
b
2 weeks, where there has been only one previous failure by the claimant which falls within paragraph (8); or
c
4 weeks, where there have been two or more previous failures by the claimant and the most recent of those failures —
i
falls within paragraph (8), and
ii
resulted in a reduction that has effect for 2 weeks under sub-paragraph (b) or 4 weeks under this sub-paragraph, or would have done but for paragraph (3).
8
A previous failure falls within this paragraph if —
a
it relates to a failure for which a reduction was imposed under this regulation, or would have been but for paragraph (3);
b
that failure occurred on or after 3 rd December 2012; and
c
the date of that failure is within 52 weeks but not within 2 weeks of the date of the current failure.
9
This paragraph applies where the claimant meets a compliance condition before the end of the period of one week after the date of the failure to which the failure determination relates.
10
Where paragraph (9) applies, the claimant’s employment and support allowance is reduced only for the fixed period set out in paragraph (7) applicable to the claimant.
11
In this regulation —
“compliance condition” means —
where the failure by the claimant relates to a requirement to take part in a work-focused interview, either —
taking part in a work-focused interview, or
making an agreement with the Secretary of State to take part in a work-focused interview at an agreed date;
where the failure by the claimant relates to a requirement to undertake work-related activity, either —
undertaking the activity specified in the action plan, or
where so notified by the Secretary of State, undertaking an alternative activity, or
making an agreement with the Secretary of State to undertake the activity referred to in sub-paragraph (i) or (ii) at an agreed date;
“current failure” means a failure which may lead to a reduction under this regulation in relation to which the Secretary of State has not yet determined whether the amount of the employment and support allowance payable to the claimant is to be reduced in accordance with this regulation.
.
Amendment of Regulation 64 of the ESA Regulations (cessation of reduction)
5
In regulation 64 of the ESA Regulations (cessation of reduction) omit sub-paragraph (a) in each of paragraphs (1), (1A) and (2).
Further amendments of the ESA Regulations
6
After regulation 64 (cessation of reduction) insert —
Hardship payments
64A
The Secretary of State must make a hardship payment to a claimant only where —
a
the Secretary of State is satisfied that the claimant is or will be in hardship unless a hardship payment is made;
b
the claimant’s employment and support allowance has been reduced in accordance with regulation 63;
c
the claimant meets the conditions of entitlement to an income-related employment and support allowance;
d
the claimant completes and submits an application —
i
approved for the purpose by the Secretary of State, or in such other form as the Secretary of State accepts as sufficient, and
ii
in such manner as the Secretary of State determines; and
e
the claimant provides such information or evidence as the Secretary of State may require, in such manner as the Secretary of State determines.
Circumstances in which a claimant is to be treated as being in hardship
64B
A claimant is to be treated as being in hardship if the claimant’s partner, or a child or qualifying young person for whom the claimant or the claimant’s partner is responsible, is or will be in hardship unless a hardship payment is made.
Matters to be taken into account in determining hardship
64C
1
The Secretary of State must take the following matters into account in determining hardship —
a
whether the claimant’s partner or a person in the claimant’s family satisfies the requirements for a disability premium specified in paragraphs 6 and 7 of Schedule 4, or an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;
b
the resources which are likely to be available to the household without a hardship payment, including resources from persons who are not members of the household, but excluding any payment referred to in paragraph (2);
c
the difference between the resources referred to in sub-paragraph (b) and the amount of the hardship payment that the claimant would receive;
d
whether there is substantial risk that the household will not have access to essential items (including food, clothing, heating and accommodation), or will have access to such essential items at considerably reduced levels, without a hardship payment; and
e
the length of time that the factors set out in sub-paragraphs (b) to (d) are likely to continue.
2
The payments to be excluded from the resources referred to in paragraph (1)(b) are payments made under paragraph 7 (1) or (2) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings: child tax credit and child benefit) to the claimant or the claimant’s partner in respect of a child or young person who is a member of the claimant’s household or family.
The amount of a hardship payment
64D
1
A hardship payment is 60 per cent of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4.
2
A payment calculated in accordance with paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
.
Amendment of the Employment and Support Allowance (Work-Related Activity) Regulations 2011
7
1
The Employment and Support Allowance (Work-Related Activity) Regulations 2011 are amended as follows.
2
In regulation 8 (failure to undertake work-related activity) omit paragraph (3).
3
In regulation 9 (contracting out) —
a
in paragraph (2)(b) for “regulation 64(1)(a) and (c) and (1A)” substitute “regulation 64(1)(c) and (1A)(b)”; and
b
after paragraph (2)(b) insert —
c
any function relating to a compliance condition under regulation 63(11) (compliance condition: notifications and agreements).
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
8
1
Regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded takes effect) is amended as follows.
2
Omit paragraph (35).
3
For paragraph (36) substitute —
36
A decision made in accordance with regulation 6(2)(p) shall take effect —
a
on the first day of the benefit week in which the failure determination was made where, on the date of that determination, the claimant has not been paid an employment and support allowance since the failure to which that determination relates; or
b
in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid an employment and support allowance.
.
Signed by authority of the Secretary of State for Work and Pensions
Mark Hoban
Minister of State
Department for Work and Pensions
2nd November 2012 |
The General Social Care Council (Transfer of Register and Abolition—Transitional and Saving Provision) Order of Council 2012
Their Lordships make the following Order of Council in exercise of the powers conferred by sections 230(2) and 304(10)(a) of the Health and Social Care Act 2012 .
Citation, commencement and extent
1
1
This Order may be cited as the General Social Care Council (Transfer of Register and Abolition — Transitional and Saving Provision) Order of Council 2012.
2
This Order comes into force as follows —
a
this article, article 2 and article 3(3) and (4) come into force on the day after this Order is made;
b
the remainder of this Order comes into force on 1st August 2012.
3
This Order extends to England and Wales, Scotland and Northern Ireland.
Interpretation
2
1
In this Order —
“the 2001 Order ” means the Health and Social Work Professions Order 2001 ;
“the GSCC ” means the General Social Care Council;
“the GSCC register” means the register maintained by the GSCC under section 56 of the Care Standards Act 2000 ;
“health procedure” means the procedure set out in paragraph 28 of Schedule 2 to the General Social Care Council (Conduct) Rules 2008 ;
“the HCPC ” means the Health and Care Professions Council ;
“the HCPC register” means the register maintained by the HCPC under article 5 of the 2001 Order ;
“the principal part” and the “visiting European part” of the GSCC register have the meanings given by section 56(2A) of the Care Standards Act 2000 ;
“transferred person” has the meaning given by article 4(4).
2
References in this Order to the Health and Care Professions Council are to be read, before the commencement of section 214(1) of the Health and Social Care Act 2012, as references to the Health Professions Council .
General
3
1
Subject to the following provisions of this Order, from 1st August 2012 , anything done by, to or in relation to the GSCC, so far as relating to the statutory regulation of social workers in England, is (where appropriate) to be treated as done by, to or in relation to the HCPC.
2
In particular, a communication made by or to the GSCC and relating to the statutory regulation of social workers in England is (where appropriate) to be treated as made by or to the HCPC.
3
The HCPC and the GSCC are to enter into arrangements to facilitate the introduction of the new arrangements for the statutory regulation of social workers in England arising out of Part 7 of the Health and Social Care Act 2012.
4
The arrangements entered into under paragraph (3) are to include arrangements to ensure that all the names in the GSCC register which are to be entered in the HCPC register pursuant to article 4 are so entered.
Transfer of GSCC register
4
1
Each person registered immediately before 1st August 2012 in the principal part or the visiting European part of the GSCC register is, with effect from that day, registered in Part 16 of the HCPC register .
2
In relation to a person registered in the visiting European part of the GSCC register, the corresponding entry in the HCPC register is to include the annotation provided for by article 7 of the Health Professions (Parts of and Entries in the Register) Order of Council 2003 .
3
A person whose name appears in the principal part or the visiting European part of the GSCC register, but whose registration has been suspended, counts for the purposes of paragraphs (1) and (2) as being registered in that part of that register, but article 7 makes further provision about such persons.
4
A person who becomes registered in the HCPC register by virtue of this article is referred to in this Order as a “transferred person”.
5
References in the 2001 Order to an entry in the register having been fraudulently procured or incorrectly made are to be treated from 1st August 2012 as including former entries in the GSCC register relating to transferred persons.
Registration subject to conditions
5
1
This article applies if a transferred person’s registration in the GSCC register was immediately before 1st August 2012 subject to conditions imposed —
a
on the grant of the transferred person’s application to the GSCC for registration or for renewal of registration, or
b
by the GSCC’s Restoration Committee .
2
If the conditions would have continued in force on 1st August 2012, that person’s registration in Part 16 of the HCPC register continues to be subject to those conditions as if they had been imposed in the same terms and for the same duration in a conditions of practice order made by the relevant practice committee of the HCPC (which is to be taken to have had the power to make such an order) .
3
The relevant practice committee of the HCPC for the purposes of paragraph (2) is —
a
the Health Committee, if the conditions were imposed by the GSCC’s Restoration Committee for reasons relating to the transferred person’s health;
b
otherwise, the Conduct and Competence Committee.
Registration subject to admonishment
6
1
This article applies if —
a
immediately before 1st August 2012 there was a record of an admonishment on a transferred person’s entry in the GSCC register , and
b
the record of the admonishment would have continued on 1st August 2012.
2
From 1st August 2012, the person is to be treated as if subject to a caution order made, in the same terms and for the same duration as the admonishment, by the relevant practice committee of the HCPC (which is to be taken to have had the power to make such an order) .
3
The relevant practice committee of the HCPC for the purposes of paragraph (2) is —
a
the Health Committee, if the admonishment was imposed by the GSCC’s Conduct Committee under its health procedure;
b
otherwise, the Conduct and Competence Committee.
Suspended registration
7
1
This article applies if —
a
a transferred person’s registration in the GSCC register was immediately before 1st August 2012 suspended by virtue of a suspension order imposed by the GSCC’s Conduct Committee or an interim suspension order imposed by its Preliminary Proceedings Committee, and
b
the suspension would have continued on 1st August 2012.
2
From 1st August 2012, the person’s registration in the HCPC register is to be treated as if it had been suspended on the same terms and for the same duration by order of the relevant practice committee of the HCPC (which is to be taken to have had the power to make such an order).
3
Accordingly, for so long as the suspension is treated as continuing, the person is to be treated as not being registered in the HCPC register notwithstanding that the person’s name appears in it.
4
The relevant practice committee of the HCPC for the purposes of paragraph (2) is —
a
the Investigating Committee, if the suspension was imposed by way of an interim suspension order made by the GSCC’s Preliminary Proceedings Committee;
b
the Health Committee, if the suspension was imposed by the GSCC’s Conduct Committee under its health procedure;
c
otherwise, the Conduct and Competence Committee.
Barring orders
8
1
This article applies if immediately before 1st August 2012 a transferred person was subject to a barring order imposed by the GSCC’s Restoration Committee.
2
From 1st August 2012, the person’s right to make an application for restoration to the HCPC register is to be treated as having been suspended indefinitely by a direction made, on the same date as that of the barring order, by the relevant practice committee of the HCPC under article 33(9) of the 2001 Order .
3
The relevant practice committee of the HCPC for the purposes of paragraph (2) is —
a
the Health Committee, if the person was removed from the GSCC register by the GSCC’s Conduct Committee under its health procedure;
b
otherwise, the Conduct and Competence Committee.
Existing GSCC proceedings
9
1
This article applies if immediately before 1st August 2012 a transferred person is —
a
subject to proceedings before the GSCC’s Preliminary Proceedings Committee or Conduct Committee, or
b
a registrant about whom the GSCC has received information which might lead to such proceedings.
2
The HCPC is to make such arrangements as it considers just for the disposal of the matter.
Outstanding applications for registration or renewal
10
1
This article applies to an application made before 1st August 2012, but not by then determined, for —
a
registration in the principal part or the visiting European part of the GSCC register, or
b
the renewal of such a registration.
2
Such an application is to be treated from 1st August 2012 as having been made to the HCPC for registration in Part 16 of the HCPC register, or for the renewal of such a registration.
3
If immediately before 1st August 2012 proceedings before the GSCC’s Registration Committee have begun pursuant to such an application, the HCPC is to make such arrangements as it considers just for the disposal of the matter.
Applications for restoration
11
1
Subject to article 8 and paragraph (2) of this article, a person in relation to whom a removal order was made by the GSCC’s Conduct Committee before 1st August 2012, and who has not by then been restored to the GSCC register, may make an application to the HCPC for restoration to Part 16 of the HCPC register.
2
In the case of such a person, article 33 of the 2001 Order (restoration to the register of persons who have been struck off) applies as if —
a
the person had been struck off by order of the relevant practice committee of the HCPC,
b
in paragraph (2)(a) of that article, for “five years” there were substituted “three years”; and
c
in paragraph (2)(b) of that article, the reference to an application for restoration to the register included an application made before 1st August 2012 for restoration to the GSCC register.
3
An application made before 1st August 2012 for restoration to the principal part or the visiting European part of the GSCC register is to be treated from that day as having been made to the HCPC for restoration (or as the case may be readmission) to Part 16 of the HCPC register.
4
If immediately before 1st August 2012 proceedings before the GSCC’s Restoration Committee or Registration Committee have begun pursuant to such an application, the HCPC is to make such arrangements as it considers just for the disposal of the matter.
5
The relevant practice committee of the HCPC for the purposes of paragraph (2)(a) is —
a
the Health Committee, if the person was removed from the GSCC register by the GSCC’s Conduct Committee under its health procedure;
b
otherwise, the Conduct and Competence Committee.
Appeals
12
1
Section 68 of the Care Standards Act 2000 (appeals to the Tribunal) continues to have effect in relation to a decision of the GSCC made before 1st August 2012 in relation to a transferred person or a person subject to a removal order as if that section had not been amended by paragraph 16 of Schedule 15 to the Health and Social Care Act 2012.
2
But from 1st August 2012 —
a
the respondent to an appeal under that section made or continued by virtue of paragraph (1) is to be treated as being the HCPC rather than the GSCC, and
b
the HCPC (or its relevant committee) is to be treated as having made the decision in question, and as having the power to implement the decision of the Tribunal (or any decision made on a further appeal from the Tribunal).
Questions relating to conduct
13
1
Any question as to the conduct or practice, before 1st August 2012, of a transferred person or a person subject to a removal order, is to be determined on or after that day as it would have been determined before that day.
2
In particular, a code of practice prepared and published under section 62 of the Care Standards Act 2000 which would have applied before 1st August 2012 in respect of the conduct or practice in question is to continue to apply from that day in respect of that conduct or practice.
Approval of standards, courses, etc.
14
1
The required standard of proficiency in relevant social work described immediately before 1st August 2012 in rules made by the GSCC under section 63(6) of the Care Standards Act 2000 has effect from that day as if it had been established under article 5(2)(a) of the 2001 Order as being the standard of proficiency necessary to be admitted to Part 16 of the HCPC register.
2
The following are to be treated from 1st August 2012 as an approved qualification for the purposes of article 12(1)(a) of the 2001 Order —
a
the satisfaction of requirements as to training imposed before 1st August 2012 by virtue of section 58(2)(a)(iii) of the Care Standards Act 2000 (which relates to a condition for the grant of registration under that Act as a social worker);
b
the successful completion of a course in relevant social work which was immediately before 1st August 2012 one approved by the GSCC by virtue of section 63(1) of the Care Standards Act 2000 (approval of courses).
3
Paragraph (2)(b) also applies to courses treated immediately before 1st August 2012 as approved by the GSCC by virtue of article 5(2)(a) of the Central Council for Education and Training in Social Work (Transfer Scheme) Order 2001 as it applies to courses approved by the GSCC by virtue of section 63(1) of the Care Standards Act 2000.
4
An adaptation period or aptitude test required of an applicant by the GSCC before 1st August 2012 by virtue of section 64(A1) of the Care Standards Act 2000 (qualifications gained outside a Council’s area where applicant is an exempt person under General Systems Regulations) is to be treated from that day as being one required by virtue of article 12(1)(b) of the 2001 Order .
5
The successful completion of training elsewhere than in England in relevant social work which was immediately before 1st August 2012 recognised by the GSCC as being to a standard sufficient for registration in the principal part of the GSCC register for the purposes of section 64(1) of the Care Standards Act 2000 (qualifications gained outside a Council’s area) is to be treated from that day as —
a
a qualification as to which the HCPC is satisfied for the purposes of article 12(1)(c)(i) of the 2001 Order (if the training was outside the United Kingdom), or
b
training which the HCPC recognises for the purposes of article 12(1)(d)(i) of that Order (if the training was in Wales, Scotland or Northern Ireland).
6
The successful completion of additional training required before 1st August 2012 by the GSCC under section 64(1)(b)(ii) of the Care Standards Act 2000 (additional training) is to be treated from that day as training which satisfies the HCPC for the purposes of sub-paragraph (c)(ii) or (d)(ii) of article 12(1) of the 2001 Order.
7
Further training which was immediately before 1st August 2012 required by virtue of section 65 of the Care Standards Act 2000 (post-registration training) is to be treated from that day as if it were —
a
continuing professional development specified by the HCPC in standards under article 19(1) of the 2001 Order, unless the training related to an approved mental health professional, or
b
a course approved by the HCPC by virtue of section 114ZA(1) of the Mental Health Act 1983 (approval of courses–England), in the case of an approved mental health professional.
8
Nothing in this article prevents the exercise by the HCPC from 1st August 2012 of its powers under the 2001 Order in relation to any standard, qualification, course, training or continuing professional development mentioned in this article.
Investigation of complaints by Parliamentary Commissioner for Administration
15
1
A complaint made to the Parliamentary Commissioner for Administration in relation to the GSCC before 1st August 2012 under the Parliamentary Commissioner Act 1967 may continue to be investigated by the Commissioner notwithstanding the abolition of the GSCC, but as if the complaint had been made in relation to the Department of Health.
2
Where the Parliamentary Commissioner for Administration conducts an investigation under the terms set out in paragraph (1), the Commissioner must send a report of the result of that investigation to the Secretary of State and the HCPC.
Council for Healthcare Regulatory Excellence
16
1
Subject to paragraph (2), with effect from 1st August 2012 the profession of social worker in England is to be taken for the purposes of regulation 2(2)(j)(iii) of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008 not to be a profession regulated by the 2001 Order, despite the coming into force of section 213 of the Health and Social Care Act 2012 (which provides for the regulation by the HCPC of the profession of social worker in England).
2
Paragraph (1) —
a
applies only in relation to a chair or non-executive member of the Council for Healthcare Regulatory Excellence who was in office as such on 1st August 2012;
b
applies in relation to the term of office of such a person which was current on 1st August 2012, and also (if such a person is re-appointed on the expiry of that term of office) to the immediately succeeding term of office.
Richard Tilbrook
Clerk of the Privy Council |
The Child Support Management of Payments and Arrears (Amendment) Regulations 2012
A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2)(a) and (2A)(b) of that Act.
Commencement and citation
1
These Regulations may be cited as the Child Support Management of Payments and Arrears (Amendment) Regulations 2012 and come into force on the day on which sections 32 (power to accept part payment of arrears in full and final satisfaction) and 33 (power to write off arrears) of the Child Maintenance and Other Payments Act 2008 come into force.
Amendment of the Child Support (Management of Payments and Arrears) Regulations 2009
2
1
The Child Support (Management of Payments and Arrears) Regulations 2009 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “the AIMA Regulations” insert —
“child in Scotland” means a child who has made an application for a maintenance calculation under section 7 of the 1991 Act ;
.
3
After Part 4 (recovery from estates) insert —
PART 4A Part Payment of Arrears in Full and Final Satisfaction
Interpretation of this Part
13A
In this Part —
“appropriate person” means the person from whom the appropriate consent is required under section 41D(5) or (6) of the 1991 Act.
Amounts owed to different persons to be treated separately
13B
Where the arrears of child support maintenance for which a person is liable comprise amounts that have accrued in respect of —
a
separate applications for a maintenance calculation; or
b
one application but would, if recovered, be payable to different persons,
those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under section 41D(1) of the 1991 Act.
Appropriate consent
13C
1
The Secretary of State may not exercise the power under section 41D(1) of the 1991 Act without the appropriate consent (as provided for in subsections (5) to (7) of section 41D), unless one of the following conditions applies —
a
that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) of the 1991 Act if it recovered them; or
b
that the Secretary of State would be entitled to retain part of the arrears under section 41(2) of that Act if it recovered them, and the part of the arrears that the Secretary of State would not be entitled to retain is equal to or less than the payment accepted under section 41D(1) of that Act.
2
Where the consent of any appropriate person is required, the Secretary of State must make available such information and guidance as the Secretary of State thinks appropriate for the purpose of helping that person decide whether to give that consent.
Agreement
13D
1
Where the Secretary of State proposes to exercise the power under section 41D(1) of the 1991 Act, the Secretary of State must prepare a written agreement.
2
The agreement must —
a
name the non-resident parent, and where the consent of any appropriate person is required, the name of that person;
b
specify the amount of arrears to which the agreement relates and the period of liability to which those arrears relate;
c
state the amount that is agreed will be paid in satisfaction of those arrears;
d
state the method of payment and to whom payment will be made; and
e
state the day by which payment is to be made.
3
The Secretary of State must send the non-resident parent and, where applicable, the appropriate person, a copy of the agreement.
4
The agreement does not take effect until —
a
the non-resident parent has agreed in writing to its terms; and
b
where applicable, the appropriate person has given to the Secretary of State their consent in writing.
Where payment is received
13E
1
Unless the non-resident parent fails to comply with the terms of the agreement, the Secretary of State must not take action to recover any of the arrears to which the agreement relates.
2
Where the non-resident parent has made full payment in accordance with the agreement all remaining liability in respect of the arrears of child support maintenance to which the agreement relates is extinguished.
3
Where the non-resident parent fails to make any payment or only makes part payment or otherwise fails to adhere to the terms of the agreement, the non-resident parent remains liable to pay the full amount of any outstanding arrears to which the agreement relates and the Secretary of State may arrange to recover any of those outstanding arrears in accordance with the 1991 Act.
4
Nothing in these Regulations prevents the Secretary of State from entering into a new agreement with the non-resident parent in respect of any of the arrears to which the previous agreement relates provided that the new agreement complies with the requirements set out in regulation 13D.
5
Where the Secretary of State enters into a new agreement with the non-resident parent in respect of any of the arrears to which a previous agreement related, the previous agreement ceases to have effect on the coming into effect of that new agreement.
PART 4B Write Off of Arrears
Amounts owed to different persons to be treated separately
13F
Where the arrears of child support maintenance for which a person is liable comprise amounts that have accrued in respect of —
a
separate applications for a maintenance calculation; or
b
one application, but would, if recovered, be payable to different persons,
those amounts are to be treated as separate amounts of arrears for the purpose of exercising the power under section 41E(1) of the 1991 Act.
Circumstances in which the Secretary of State may exercise the power in section 41E of the 1991 Act
13G
The circumstances of the case specified for the purposes of section 41E(1)(a) of the 1991 Act are that —
a
the person with care has requested under section 4(5) of that Act that the Secretary of State ceases to act in respect of the arrears;
b
a child in Scotland has requested under section 7(6) of that Act that the Secretary of State ceases to act in respect of the arrears;
c
the person with care, or (in Scotland) the child, has died;
d
the non-resident parent died before 25 January 2010 or there is no further action that can be taken with regard to recovery of the arrears from the non-resident parent’s estate under Part 4;
e
the arrears relate to liability for child support maintenance for any period in respect of which an interim maintenance assessment was in force between 5 April 1993 and 18 April 1995; or
f
the non-resident parent has been informed by the Secretary of State that no further action would ever be taken to recover those arrears.
Secretary of State required to give notice
13H
1
Where the Secretary of State is considering exercising the powers under section 41E(1) of the 1991 Act, the Secretary of State must send written notice to the person with care or, where relevant, a child in Scotland and the non-resident parent.
2
The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died.
3
The notice must —
a
specify the person with care or, where relevant, a child in Scotland, in respect of whom liability in respect of arrears of child support maintenance has accrued;
b
specify the amount of the arrears and the period of liability to which the arrears relate;
c
state why it appears to the Secretary of State that it would be unfair or inappropriate to enforce liability in respect of the arrears;
d
advise the person that they may make representations, within 30 days of receiving the notice, to the Secretary of State as to whether the liability in respect of the arrears should be extinguished; and
e
explain the effect of any decision to extinguish liability in respect of any arrears of child support maintenance under section 41E(1) of the 1991 Act.
4
If no representations are received by the Secretary of State within 30 days of the notice being received by the person with care or, where relevant, a child in Scotland and the non-resident parent, the Secretary of State may make the decision to extinguish the arrears.
5
For the purposes of this regulation, where the Secretary of State sends any written notice by post to a person’s last known or notified address that document is treated as having been received by that person on the second day following the day on which it is posted.
Secretary of State to take account of the parties’ views
13I
Where the Secretary of State receives representations within the 30 day period referred to in regulation 13H(3)(d), the Secretary of State must take account of those representations in making a decision under section 41E(1) of the 1991 Act.
Notification of decision to write off
13J
1
On making a decision under section 41E(1) of the 1991 Act, the Secretary of State must send written notification to the non-resident parent and the person with care or, where relevant, a child in Scotland, of that decision.
2
The requirement in paragraph (1) does not apply where the person in question cannot be traced or has died.
.
Amendment of the Child Support Information Regulations 2008
3
1
Regulation 13(1) of the Child Support Information Regulations 2008 is amended as follows.
2
After sub-paragraph (f), omit “or”.
3
After sub-paragraph (g), insert —
h
why it was decided, in relation to any arrears of child support maintenance, not to accept payment in part in satisfaction of liability for the whole under section 41D(1) of the 1991 Act; or
i
why it was decided not to extinguish liability in respect of arrears of child support maintenance under section 41E(1) of the 1991 Act.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
28th November 2012 |
The Finance Act 2012 (Enterprise Investment Scheme) (Appointed Day) Order 2012
The Treasury make the following Order in exercise of the powers conferred by paragraphs 23(1) and 33(1) of Schedule 7 to the Finance Act 2012 .
Citation
1
This Order may be cited as the Finance Act 2012 (Enterprise Investment Scheme) (Appointed Day) Order 2012.
Appointed Day
2
19th July 2012 is appointed as the day on which the following provisions of Schedule 7 (Enterprise Investment Scheme) to the Finance Act 2012 come into force —
a
paragraph 7(2) (increase in the maximum amount permitted to be raised annually);
b
paragraph 11 (increase in the gross assets limits);
c
paragraph 12 (relaxation of restriction on number of employees);
d
paragraph 29 (chargeable gains: maximum annual investment).
James Duddridge
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2012 |
The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 33A(9) and 122(1) of the Planning and Compulsory Purchase Act 2004 , makes the following Regulations.
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012 and come into force on 12th November 2012.
2
These Regulations apply in relation to England only.
Amendments to the Town and Country Planning (Local Planning) (England) Regulations 2012
2
1
The Town and Country Planning (Local Planning) (England) Regulations 2012 are amended as follows.
2
For regulation 4(2) substitute —
2
The bodies prescribed for the purposes of section 33A(9) of the Act are —
a
each local enterprise partnership; and
b
each local nature partnership.
.
3
For regulation 4(3) substitute —
3
In this regulation —
“local enterprise partnership” means a body, designated by the Secretary of State, which is established for the purpose of creating or improving the conditions for economic growth in an area; and
“local nature partnership” means a body, designated by the Secretary of State, which is established for the purpose of protecting and improving the natural environment in an area and the benefits derived from it.
.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 8th October 2012 |
Local Government Finance Act 2012
Non-domestic rating
Local retention of non-domestic rates
1
1
The LGFA 1988 is amended in accordance with subsections (2) to (4) .
2
After section 59 insert —
Local retention of non-domestic rates
59A
Schedule 7B (local retention of non-domestic rates) has effect.
3
In section 143 (orders and regulations) —
a
in subsection (3) (application of negative Parliamentary procedure to orders and regulations under the Act), for “(9AA)” substitute “(9E)”, and
b
before subsection (10) insert —
9C
Any power to make regulations conferred by Schedule 7B (local retention of non-domestic rates) is exercisable by statutory instrument.
9D
A statutory instrument containing regulations under any of the following provisions of that Schedule (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament —
a
paragraph 9 (regulations about payments by billing authorities to major precepting authorities);
b
paragraph 11 (regulations about payments by billing authorities to major precepting authorities out of deductions from central share payments);
c
paragraph 22 (regulations about calculation of levy payments);
d
paragraph 25 (regulations about calculation of safety net payments);
e
paragraph 30 (regulations about distribution of remaining balance);
f
paragraph 39 or 40 (regulations about designated areas or classes of hereditament), if the regulations contain provision within paragraph 41 (payments to relevant authorities).
9E
Any other statutory instrument containing regulations under that Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.
4
Schedule 1 (which sets out the Schedule to be inserted as Schedule 7B to the LGFA 1988) has effect.
5
In consequence of the amendment made by subsection (3) (a), in Schedule 7 to the Local Government Act 2003 omit paragraph 24(2).
6
The amendments made by this section and Schedule 1 have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.
7
But the Secretary of State may by order made by statutory instrument amend subsection (6) by substituting a later financial year.
Revenue support grant
2
1
Schedule 2 (amendment of provisions about revenue support grant) has effect.
2
The amendments made by Schedule 2 have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.
3
But the Secretary of State may by order made by statutory instrument amend subsection (2) by substituting a later financial year.
Additional grant
3
1
The LGFA 1988 is amended in accordance with subsections (2) to (4) .
2
In section 84Q(1) (application of Chapter dealing with grants other than revenue support grant) omit paragraph (a) (which refers to sections 85 and 86).
3
Omit sections 85 and 86 (additional grant: England) and the italic heading preceding section 85.
4
In section 141 (payments to and from authorities) —
a
in subsection (5)(b) omit “and 86(2)”, and
b
in subsection (7) omit “and 86”.
5
The LGFA 1992 is amended in accordance with subsections (6) to (8) .
6
In section 52ZF (council tax referendums: billing authority’s duty to make substitute calculations) —
a
in subsection (3)(a) omit “additional grant,”, and
b
omit subsection (4).
7
In section 52ZJ (council tax referendums: major precepting authority’s duty to make substitute calculations) —
a
in subsection (4)(a) omit “additional grant,”, and
b
omit subsection (5).
8
In section 69(1) (interpretation of Part 1), in the definition of “additional grant”, for “85(2)” substitute “86A(2)”.
9
The Greater London Authority Act 1999 is amended in accordance with subsections (10) and (11) .
10
In section 86 (calculation of component council tax requirement in relation to Mayor’s Office for Policing and Crime) —
a
in subsection (4D) —
i
at the end of paragraph (b) insert “and”, and
ii
omit paragraph (d) (additional grant) and the “and” preceding that paragraph, and
b
in subsection (4F) —
i
at the end of paragraph (a) insert “and”, and
ii
omit paragraph (c) (report relating to additional grant) and the “and” preceding that paragraph.
11
In section 102(2) (aggregate out of which payments to functional bodies are to be made) omit paragraph (b) (additional grant).
12
In consequence of the amendments made by subsection (3) —
a
in Schedule 10 to the LGFA 1992 omit paragraph 16, and
b
in Schedule 7 to the Local Government Act 2003 omit paragraph 17.
13
The amendments made by this section have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.
14
But the Secretary of State may by order made by statutory instrument amend subsection (13) by substituting a later financial year.
General GLA grant
4
1
Section 100 of the Greater London Authority Act 1999 (general GLA grant) is amended as follows.
2
For subsection (1) (duty to pay general GLA grant to Greater London Authority for each financial year) substitute —
1
The Secretary of State may pay a grant (to be called “general GLA grant”) to the Authority for a financial year.
3
In subsection (3) (duty to make determination about general GLA grant for each financial year), after “year” insert “for which general GLA grant is to be paid”.
4
The amendments made by this section have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.
5
But the Secretary of State may by order made by statutory instrument amend subsection (4) by substituting a later financial year.
Local retention of non-domestic rates: further amendments
5
1
Schedule 3 (local retention of non-domestic rates: further amendments) has effect.
2
In that Schedule —
a
Part 1 amends Schedule 8 to the LGFA 1988 so that it applies in relation to Wales only (and makes some related amendments), and
b
Part 2 contains other amendments.
3
The amendments made by that Schedule have effect for the financial year beginning with 1 April 2013 and subsequent financial years.
4
But the Secretary of State may by order made by statutory instrument amend subsection (3) by substituting a later financial year.
Definition of domestic property
6
1
Section 66 of the LGFA 1988 (domestic property) is amended as follows.
2
After subsection (2BB) insert —
2BC
For the purposes of subsection (2B) the relevant person is —
a
where the building or self-contained part is not subject as a whole to a relevant leasehold interest, the person having the freehold interest in the whole of the building or self-contained part; and
b
in any other case, any person having a relevant leasehold interest in the building or self-contained part which is not subject (as a whole) to a single relevant leasehold interest inferior to that interest.
3
In subsection (2C) omit “subsection (2B) and”.
4
This section has effect in relation to liability to a non-domestic rate for the financial year beginning with 1 April 2013 and subsequent financial years.
Payments to and from authorities
7
1
Section 141 of the LGFA 1988 (power to make regulations about set off of payments to and from receiving authorities) is amended as follows.
2
In subsection (5)(b) (power to require provisions of the Act to be read subject to regulations), after “79(2)” insert “, 84H(2) and 86B(2)”.
3
In subsection (7) (payments to receiving authorities to which regulations may apply) —
a
after “84C” insert “, 84K, 84N and 86B”, and
b
for the words from “, paragraphs 12 and 15 of that Schedule” to the end substitute “and paragraphs 12 and 15 of that Schedule.”
4
In subsection (8) (payments from receiving authorities to which regulations may apply), for “and 84C” substitute “, 84C, 84K and 84N”.
5
The amendments made by this section have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.
Provision of information about non-domestic rates
8
1
In Schedule 9 to the LGFA 1988, paragraph 2 (collection and recovery) is amended as follows.
2
After sub-paragraph (2)(ge) insert —
gf
that the payee must publish prescribed information in the prescribed manner,
.
3
In sub-paragraph (2)(h), after “when the payee serves a notice” insert “or on the request of the ratepayer”.
Council tax
Council tax reduction schemes: review
9
1
The Secretary of State shall make provision for an independent review of all council tax reduction schemes made under the provisions of this Act —
a
to consider their effectiveness, efficiency, fairness and transparency and their impact on the localism agenda, and
b
to make recommendations as to whether such schemes should be brought within universal credit.
2
A review under subsection (1) shall take place within three years after this Act comes into effect.
Council tax reduction schemes
10
1
For section 13A of the LGFA 1992 (billing authority’s power to reduce amount of tax payable) substitute —
Reductions by billing authority
13A
1
The amount of council tax which a person is liable to pay in respect of any chargeable dwelling and any day (as determined in accordance with sections 10 to 13) —
a
in the case of a dwelling situated in the area of a billing authority in England, is to be reduced to the extent, if any, required by the authority’s council tax reduction scheme (see subsection (2));
b
in the case of a dwelling situated in the area of a billing authority in Wales, is to be reduced to the extent, if any, required by any council tax reduction scheme made under regulations under subsection (4) that applies to that dwelling;
c
in any case, may be reduced to such extent (or, if the amount has been reduced under paragraph (a) or (b), such further extent) as the billing authority for the area in which the dwelling is situated thinks fit.
2
Each billing authority in England must make a scheme specifying the reductions which are to apply to amounts of council tax payable, in respect of dwellings situated in its area, by —
a
persons whom the authority considers to be in financial need, or
b
persons in classes consisting of persons whom the authority considers to be, in general, in financial need.
3
Schedule 1A (which contains provisions about schemes under subsection (2)) has effect.
4
The Welsh Ministers may by regulations —
a
require a person or body specified in the regulations to make a scheme specifying the reductions which are to apply to amounts of council tax payable, in respect of dwellings to which the scheme applies, by persons to whom the scheme applies,
b
impose requirements on that person or body regarding the matters which must be included in that scheme, and
c
make other provision for and in connection with such schemes.
5
Schedule 1B (which contains further provisions about regulations under subsection (4) and about schemes under those regulations) has effect.
6
The power under subsection (1)(c) includes power to reduce an amount to nil.
7
The power under subsection (1)(c) may be exercised in relation to particular cases or by determining a class of case in which liability is to be reduced to an extent provided by the determination.
8
No regulations under subsection (4) are to be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the National Assembly for Wales.
9
In this Part “council tax reduction scheme” means a scheme under subsection (2) or regulations under subsection (4) .
2
Schedule 4 (amendments relating to council tax reduction schemes) has effect.
3
In that Schedule —
a
Part 1 sets out the Schedules to be inserted as Schedules 1A and 1B to the LGFA 1992, and
b
Part 2 contains other amendments.
4
Each billing authority in England must make a council tax reduction scheme under section 13A(2) of the LGFA 1992 no later than 31 January 2013; and the first financial year to which that scheme relates must be the year beginning with 1 April 2013.
5
But the Secretary of State may by order made by statutory instrument amend subsection (4) by substituting a different date or a later financial year (or both).
Power to determine further discounts for certain dwellings
11
1
In section 11A of the LGFA 1992 (discounts: special provision for England), after subsection (4) insert —
4A
For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in England may by determination provide —
a
in relation to all dwellings of that class in its area, or
b
in relation to such description of dwellings of that class as it may specify in the determination,
that the discount under section 11(2)(a) shall not apply or shall be such percentage (which may be 100) as it may so specify.
4B
Where a class of dwellings is prescribed for the purposes of subsection (4A) by reference to the period of time for which a condition is met, a billing authority may not, under paragraph (b) of that subsection, specify a description of dwellings of that class by reference (wholly or partly) to a shorter such period.
2
In subsections (1) and (5) of that section, for “or (4)” substitute “, (4) or (4A)”.
3
Regulations may be made for the purposes of the subsection inserted by subsection (1) for a financial year beginning with or after 1 April 2013 (and, if a class of dwelling is prescribed by reference to a period of time for which a condition is met, it does not matter whether the period begins before this section comes into force).
Power to set higher amount for long-term empty dwellings
12
1
The LGFA 1992 is amended as follows.
2
After section 11A insert —
Higher amount for long-term empty dwellings: England
11B
1
For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day a dwelling is a long-term empty dwelling —
a
the discount under section 11(2)(a) shall not apply, and
b
the amount of council tax payable in respect of that dwelling and that day shall be increased by such percentage of not more than 50 as it may so specify.
2
The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under this section.
3
A class of dwellings may be prescribed under subsection (2) by reference to such factors as the Secretary of State thinks fit and may, in particular, be prescribed by reference to —
a
the physical characteristics of, or other matters relating to, dwellings;
b
the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned.
4
Where a determination under this section has effect in relation to a class of dwellings —
a
the billing authority may not make a determination under section 11A(3), (4) or (4A) in relation to that class, and
b
any determination that has been made under section 11A(3), (4) or (4A) ceases to have effect in relation to that class.
5
A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year.
6
A billing authority which makes a determination under this section must publish a notice of it in at least one newspaper circulating in its area and do so before the end of the period of 21 days beginning with the date of the determination.
7
Failure to comply with subsection (6) does not affect the validity of a determination.
8
For the purposes of this section, a dwelling is a “long-term empty dwelling” on any day if for a continuous period of at least 2 years ending with that day —
a
it has been unoccupied, and
b
it has been substantially unfurnished.
9
In determining whether a dwelling is a long-term empty dwelling, no account is to be taken of any one or more periods of not more than 6 weeks during which either of the conditions in subsection (8)(a) and (b) is not met (or neither of them is met).
10
The Secretary of State may by regulations substitute a different period, of not less than 6 weeks, for the period which is for the time being specified in subsection (9) .
3
In section 11(2) (discounts: no chargeable residents), after “sections 11A” insert “, 11B”.
4
In section 11A (discounts: special provision for England), after subsection (4B) (inserted by section 11) insert —
4C
Subsections (3), (4) and (4A) are subject to section 11B (4) .
5
In section 13(3) (amounts which may be reduced by regulations), after “section 11, 11A” insert “, 11B”.
6
In section 66(2)(b) (matters to be questioned only by judicial review), after “section 8(2), 11A” insert “, 11B”.
7
In section 67(2)(a) (functions to be discharged only by authority), after “section 8(2), 11A” insert “, 11B”.
8
In Schedule 2 (administration), paragraph 4 (discounts) is amended as follows.
9
In sub-paragraph (2), after “discount” (in both places) insert “or increase”.
10
In sub-paragraph (3) —
a
after “discount” in the first and third places insert “or to an increase”;
b
after “discount” in the second and fourth places insert “or increase”.
11
In sub-paragraph (5)(a), for “is subject to a discount of a particular amount; and” substitute
—
i
is subject to a discount of a particular amount, or
ii
is not subject to any increase; and
.
12
In sub-paragraph (5)(b), for the words from “is not in fact” to “smaller amount,” substitute
—
i
is not in fact subject to any discount, or is subject to a discount of a smaller amount, or
ii
is in fact subject to an increase (whether or not the person is aware of the amount of the increase),
.
13
After sub-paragraph (6) insert —
7
In this paragraph, “increase” means an increase under section 11B(1)(b) (higher amount of tax for empty dwellings).
14
In the heading preceding that paragraph, after “Discounts” insert “and increases”.
15
A determination may be made for the purposes of the section inserted by subsection (2) for a financial year beginning with or after 1 April 2013 (and it does not matter whether the period mentioned in subsection (8) of that section begins before this section comes into force).
Mortgagee in possession to be liable for council tax
13
1
In section 6(2) of the LGFA 1992 (persons liable to pay council tax) omit the “or” at the end of paragraph (e) and after that paragraph insert —
ea
in the case of a dwelling situated in the area of a billing authority in England, the person is a mortgagee in possession of the owner’s interest in the dwelling; or
.
2
This section comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Regulations about powers to require information, offences and penalties
14
1
The LGFA 1992 is amended as follows.
2
After section 14 insert —
Regulations about powers to require information
14A
1
The appropriate authority may by regulations provide for the exercise, for prescribed council tax purposes, of —
a
powers to require the provision of information;
b
powers to require a person to enter into arrangements under which access is permitted to the person’s electronic records.
2
The appropriate authority may by regulations make provision about arrangements for access to electronic records for prescribed council tax purposes where the arrangements are entered into otherwise than under a requirement of the kind mentioned in subsection (1)(b).
3
The appropriate authority may by regulations —
a
make provision about the persons by whom powers conferred by regulations under this section may be exercised;
b
make provision about the persons by whom arrangements under regulations under this section may be made;
c
in particular, make provision for the authorisation by billing authorities of persons to exercise those powers or make those arrangements.
4
The provision that may be made by regulations under this section includes, in particular, provision equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the appropriate authority thinks fit.
5
For the purposes of subsection (4), each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment” —
a
section 109A(8) of the Social Security Administration Act 1992 (application of section 109B of that Act to the Crown);
b
section 109B of that Act (powers to require information);
c
section 110A of that Act (authorisations by local authorities to exercise powers of investigation);
d
section 110AA of that Act (power of local authority to require electronic access to information);
e
section 121DA of that Act (interpretation of Part 6 of that Act);
f
section 191 of that Act (interpretation of that Act).
6
This section does not affect the operation of Schedule 2 (administration of council tax).
7
In this section “council tax purposes” means purposes relating to a person’s liability to pay council tax.
Regulations about offences
14B
1
The appropriate authority may by regulations provide for the creation of offences that may be committed by a person in prescribed circumstances —
a
by intentionally delaying or obstructing a person in the exercise of a power conferred by regulations under section 14A(1);
b
by refusing or failing to comply with any requirement under regulations under section 14A(1)(b) or with the requirements of any arrangements entered into in accordance with such regulations;
c
by refusing or failing, when required to do so by or under this Act or by or under regulations made under this Act, to provide any information or document in connection with a person’s liability to pay council tax;
d
by making a false statement or representation in connection with such liability;
e
by providing, or causing or allowing to be provided, in connection with such liability, a document or information which is false;
f
by failing to notify, or causing or allowing a person to fail to notify, a matter that is relevant to such liability (including in particular any matter that is required to be notified by or under this Act or by or under regulations made under this Act).
2
Regulations under subsection (1)(a), (b) or (c) —
a
must provide for an offence under the regulations to be triable only summarily;
b
may not provide for such an offence to be punishable with a fine exceeding level 3 on the standard scale.
3
Regulations under subsection (1)(a), (b) or (c) —
a
may provide, in a case where a person is convicted of an offence under the regulations and the act or omission constituting the offence continues after the conviction, for the person to be guilty of a further offence and liable on summary conviction to a daily fine;
b
may not provide for the daily fine to exceed £40.
4
Regulations under subsection (1)(d), (e) or (f) that create an offence that may only be committed by a person acting dishonestly —
a
must provide for the offence to be triable summarily or on indictment;
b
may not provide for the offence to be punishable on summary conviction with imprisonment for a term exceeding 12 months or with a fine exceeding the statutory maximum;
c
may not provide for the offence to be punishable on conviction on indictment with imprisonment for a term exceeding 7 years (and may provide for the offence to be punishable on conviction on indictment with a fine).
5
Regulations under this section that create an offence within subsection (4) that may be committed before the date that section 154(1) of the Criminal Justice Act 2003 comes into force may not provide for such an offence committed before that date to be punishable on summary conviction with imprisonment for a term exceeding 6 months.
6
Regulations under subsection (1)(d), (e) or (f) that create an offence that may be committed by a person acting otherwise than dishonestly —
a
must provide for the offence to be triable only summarily;
b
may not provide for the offence to be punishable with imprisonment for a term exceeding 51 weeks or with a fine exceeding level 5 on the standard scale.
7
Regulations under this section that create an offence within subsection (6) that may be committed before the date that section 281(5) of the Criminal Justice Act 2003 comes into force may not provide for such an offence committed before that date to be punishable with imprisonment for a term exceeding 3 months.
8
The appropriate authority may by regulations make provision —
a
about defences to an offence under regulations under this section;
b
about the commission by a body corporate of such an offence;
c
about the conduct of proceedings for such an offence;
d
about the time limits for bringing such proceedings;
e
about the determination of issues arising in such proceedings;
f
about other matters of procedure and evidence in relation to such offences.
9
The provision that may be made by regulations under this section includes, in particular, provision equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the appropriate authority thinks fit.
10
For the purposes of subsection (9), each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment” —
a
section 111 of the Social Security Administration Act 1992 (offences relating to powers under that Act);
b
section 111A of that Act (dishonest representations for obtaining benefit etc );
c
section 112 of that Act (false representations for obtaining benefit etc. );
d
section 115 of that Act (offences by bodies corporate);
e
section 116 of that Act (legal proceedings);
f
section 121DA of that Act (interpretation of Part 6 of that Act);
g
section 191 of that Act (interpretation of that Act).
Regulations about penalties
14C
1
The appropriate authority may by regulations make provision for the imposition of a penalty by a billing authority on a person where in prescribed circumstances —
a
that person’s act or omission results or could result in the amount of council tax that a person (“P”) is liable to pay being reduced or subject to a discount, and
b
P is not or will not be entitled to that reduction or discount.
2
The appropriate authority may by regulations make provision for the imposition of a penalty by a billing authority on a person where in prescribed circumstances —
a
that person’s act or omission results or could result in a dwelling in respect of which a person (“P”) would otherwise be liable to pay council tax being treated as an exempt dwelling for a period, and
b
the dwelling is not or will not be an exempt dwelling for all or part of that period.
3
Regulations under this section must —
a
make provision with the effect that a penalty may only be imposed on a person where the person agrees to the imposition of the penalty as an alternative to criminal proceedings being taken against the person in respect of the act or omission to which the penalty relates,
b
make provision with the effect that a penalty may only be imposed on a person where the person has not been charged with an offence in respect of the act or omission to which the penalty relates, or
c
make provision within paragraph (a) and (b).
4
Where —
a
regulations under this section specify a sum as a penalty (or a minimum or maximum penalty), and
b
it appears to the Treasury that there has been a change in the value of money since those regulations were made or (as the case may be) the last occasion when an order under this subsection was made,
the Treasury may by order substitute for that sum such other sum as appears to them to be justified by the change.
5
An order under subsection (4) does not apply in relation to any act done or omission which began before the date on which the order comes into force.
6
This section does not affect the operation of paragraph 1 of Schedule 3 (penalties).
7
The provision that may be made by regulations under this section includes, in particular, provision equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the appropriate authority thinks fit.
8
For the purposes of subsection (7) , each of the following is a “relevant enactment” —
a
section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
b
section 115B of that Act (penalty as alternative to prosecution: colluding employers etc);
c
section 115C of that Act (penalties in respect of incorrect statements etc);
d
section 115D of that Act (penalties in respect of failures to disclose information);
e
section 121DA of that Act (interpretation of Part 6 of that Act);
f
section 191 of that Act (interpretation of that Act).
9
The reference in subsection (8) —
a
to section 115C or 115D of the Social Security Administration Act 1992 is to that section without the repeals in it contained in Part 1 of Schedule 14 to the Welfare Reform Act 2012;
b
to any other provision of that Act is to the provision as it had effect on the day on which the Local Government Finance Act 2012 was passed.
Sections 14A to 14C: supplementary
14D
1
In sections 14A to 14C —
“the appropriate authority” means —
the Secretary of State, in relation to England, and
the Welsh Ministers, in relation to Wales;
“prescribed”, in relation to regulations made by the Welsh Ministers, means prescribed by such regulations.
2
A statutory instrument containing regulations made by the Secretary of State under any of sections 14A to 14C may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
3
A statutory instrument containing regulations made by the Welsh Ministers under any of sections 14A to 14C may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
3
In section 18(1)(c) (death of person liable for penalty), after “him” insert “under regulations under section 14C or”.
4
In section 113(3) (application of negative procedure to orders and regulations under the Act), after “except in the case of regulations under section” insert “14A, 14B, 14C or”.
5
Schedule 3 (penalties) is amended as follows.
6
After paragraph 3(1) (appeals) insert —
1A
A person (“P”) may appeal to a valuation tribunal if aggrieved by the imposition on P of a penalty under regulations under section 14C, unless P agreed to the imposition of the penalty as an alternative to criminal proceedings being taken against P in respect of the act or omission to which the penalty relates.
7
After paragraph 3(3) insert —
4
Where a penalty is imposed on a person (“P”) under regulations under section 14C, and P alleges that there is no power in the case concerned to impose a penalty of the amount imposed, P may appeal to a valuation tribunal under this sub-paragraph against the imposition.
8
In paragraph 6(1) and (5) (regulations about collection), after “paragraph 1 or 2 above” insert “or under regulations under section 14C”.
9
In Schedule 11 to the LGFA 1988 (tribunals), in paragraph 10A(1)(d) (orders), after “under” insert “regulations under section 14C of or”.
Calculation of billing authority’s council tax base
15
1
In section 34 of the LGFA 1992 (calculations to be made in setting council tax: additional calculations where special item relates to part only of billing authority’s area), after subsection (4) insert —
5
Regulations under subsection (4) that apply to billing authorities in England may contain different rules for the purposes of calculating item TP in relation to different kinds of special item.
2
In section 45 of the LGFA 1992 (calculations to be made in setting council tax: additional calculations where special item relates to part only of major precepting authority’s area), after subsection (5) insert —
5A
Regulations under subsection (4) that apply to authorities in England may contain different rules for the purposes of calculating item TP in relation to different kinds of special item.
5B
Regulations under subsection (4) that make provision by virtue of subsection (5A) may make consequential amendments to this Act.
Provision of information about council tax
16
1
In Schedule 2 to the LGFA 1992, paragraph 2 (collection of council tax) is amended as follows.
2
After sub-paragraph (4)(i) (but before the word “and” following that paragraph) insert —
ia
that the authority must publish prescribed information in the prescribed manner;
.
3
In sub-paragraph (4)(j), after “when it serves a notice” insert “or on the request of the person”.
Information sharing
Power for HMRC to supply information for purposes of council tax
17
1
Schedule 2 to the LGFA 1992 (administration) is amended as follows.
2
After paragraph 15 insert —
15A
1
A Revenue and Customs official may supply information which is held by the Revenue and Customs in connection with a function of the Revenue and Customs to a qualifying person for prescribed purposes relating to council tax.
2
The following are qualifying persons for the purpose of this paragraph —
a
a billing authority in England;
b
a person authorised to exercise any function of such an authority relating to council tax;
c
a person providing services to such an authority relating to council tax.
3
Information supplied under this paragraph may be used for another prescribed purpose relating to council tax.
4
Information supplied under this paragraph may be supplied to another qualifying person for a prescribed purpose relating to council tax (whether or not that is a purpose for which it was supplied).
5
In this paragraph —
“Revenue and Customs official”,
“the Revenue and Customs”, and
“function of the Revenue and Customs”,
have the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005.
15B
1
A Revenue and Customs official may supply information which is held by the Revenue and Customs in connection with a function of the Revenue and Customs to a qualifying person for prescribed purposes relating to council tax.
2
The following are qualifying persons for the purpose of this paragraph —
a
a billing authority in Wales;
b
a person authorised to exercise any function of such an authority relating to council tax;
c
a person providing services to such an authority relating to council tax.
3
Information supplied under this paragraph may be used for another prescribed purpose relating to council tax.
4
Information supplied under this paragraph may be supplied to another qualifying person for a prescribed purpose relating to council tax (whether or not that is a purpose for which it was supplied).
5
In this paragraph —
“Revenue and Customs official”, “the Revenue and Customs” and “function of the Revenue and Customs” have the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005;
“prescribed” means prescribed by regulations made by the Welsh Ministers.
6
Regulations under this paragraph must not be made except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.
7
A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
15C
1
A Revenue and Customs official may supply information which is held by the Revenue and Customs in connection with a function of the Revenue and Customs to a qualifying person for prescribed purposes relating to council tax.
2
The following are qualifying persons for the purpose of this paragraph —
a
a local authority;
b
a person authorised to exercise any function of such an authority relating to council tax;
c
a person providing services to such an authority relating to council tax.
3
Information supplied under this paragraph may be used for another prescribed purpose relating to council tax.
4
Information supplied under this paragraph may be supplied to another qualifying person for a prescribed purpose relating to council tax (whether or not that is a purpose for which it was supplied).
5
In this paragraph —
“Revenue and Customs official”, “the Revenue and Customs” and “function of the Revenue and Customs” have the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005;
“prescribed” means prescribed by regulations made by the Scottish Ministers.
6
Regulations under this paragraph must not be made except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.
7
Regulations under this paragraph —
a
are subject to the negative procedure; and
b
may make —
i
different provision for different purposes, including different provision for different areas or for different authorities, and
ii
such incidental, consequential, transitional or supplementary provision as the Scottish Ministers think necessary or expedient.
15D
1
A person to whom sub-paragraph (2) applies is guilty of an offence if the person discloses without lawful authority any information —
a
which comes to the person by virtue of paragraph 15A, 15B or 15C, and
b
which relates to a particular person.
2
This sub-paragraph applies to —
a
a qualifying person for the purpose of paragraph 15A, 15B or 15C;
b
a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person within paragraph (a);
c
a person who is or has been an employee of such a person.
3
A person guilty of an offence under this paragraph is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both.
4
It is not an offence under this paragraph —
a
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be identified from it;
b
to disclose information which has previously been disclosed to the public with lawful authority.
5
It is a defence for a person (“D”) charged with an offence under this paragraph to prove that at the time of the alleged offence —
a
D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
b
D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
6
For the purposes of this paragraph, “lawful authority” has the meaning given by section 123 of the Social Security Administration Act 1992.
7
In relation to an offence under this paragraph committed in England and Wales before the commencement of section 154(1) of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way) the reference in sub-paragraph (3)(b) to 12 months is to be taken as a reference to 6 months.
3
In paragraph 11 (supply of information to authorities: England and Wales), after sub-paragraph (1) insert —
1A
Information may be prescribed under sub-paragraph (1)(d) by reference to —
a
how the person concerned came to be in possession or control of the information;
b
the purpose for which it is requested by the authority.
4
In paragraph 12 (supply of information to authorities: Scotland), after sub-paragraph (1) insert —
1A
Information may be prescribed under sub-paragraph (1)(d) by reference to —
a
how the person concerned came to be in possession or control of the information;
b
the purpose for which it is requested by the authority.
5
In paragraph 16 (supply of information by authorities), after sub-paragraph (2) insert —
3
Information may be prescribed under sub-paragraph (2)(c) by reference to —
a
how the first-mentioned authority obtained the information;
b
the purpose for which the first-mentioned authority believes that the information would be useful to the other authority.
6
In Schedule 11 to the LGFA 1988, in paragraph 8(3)(ea) (regulations about procedure before tribunals) —
a
for sub-paragraph (iv) substitute —
iv
paragraph 15A or 15B of Schedule 2 to the 1992 Act or regulations under that Schedule;
,
b
omit the “or” following that sub-paragraph, and
c
after “1996” insert “or of information supplied under section 131 of the Welfare Reform Act 2012 for purposes relating to council tax;”.
Power for HMRC to supply information for purposes of rates in Northern Ireland
18
1
A Revenue and Customs official may supply information which is held by the Revenue and Customs in connection with a function of the Revenue and Customs to a qualifying person for prescribed purposes relating to rates.
2
The following are qualifying persons —
a
the Department of Finance and Personnel in Northern Ireland (“ DFP ”);
b
the Northern Ireland Housing Executive (“ NIHE ”);
c
a person authorised to exercise any function of DFP or NIHE relating to rates;
d
a person providing services to DFP or NIHE relating to rates.
3
Information supplied under this section may be used for another prescribed purpose relating to rates.
4
Information supplied under this section may be supplied to another qualifying person for a prescribed purpose relating to rates (whether or not that is a purpose for which it was supplied).
5
A person to whom subsection (6) applies is guilty of an offence if the person discloses without lawful authority any information —
a
which comes to the person by virtue of this section, and
b
which relates to a particular person.
6
This subsection applies to —
a
a qualifying person other than DFP;
b
a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a qualifying person;
c
a person who is or has been an employee of a qualifying person.
7
A person guilty of an offence under this section is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both.
8
It is not an offence under this section —
a
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be identified from it;
b
to disclose information which has previously been disclosed to the public with lawful authority.
9
It is a defence for a person (“D”) charged with an offence under this section to prove that at the time of the alleged offence —
a
D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
b
D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
10
For the purposes of this section, “lawful authority” has the meaning given by section 117 of the Social Security Administration (Northern Ireland) Act 1992.
11
In this section —
“Revenue and Customs official”, “the Revenue and Customs” and “function of the Revenue and Customs” have the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005;
“rates” has the same meaning as in the Rates (Northern Ireland) Order 1977 ( S.I. 1977/2157 (N.I. 28) );
“prescribed” means prescribed by regulations made by DFP.
12
Regulations under this section must not be made except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.
13
The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ( S.I. 1979/1573 (N.I. 12) ).
14
Regulations under this section are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
General
Interpretation
19
In this Act —
“financial year” means a period of 12 months beginning with 1 April;
“the LGFA 1988” means the Local Government Finance Act 1988;
“the LGFA 1992” means the Local Government Finance Act 1992.
Power to make transitional, consequential etc provision
20
1
The Secretary of State may by order made by statutory instrument make such transitory or transitional provision, or savings, as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
2
The Secretary of State may by order made by statutory instrument make such consequential provision (including provision amending, repealing or revoking any legislation passed or made before, or in the same Session as, this Act) as the Secretary of State considers appropriate in connection with any provision of this Act.
3
A statutory instrument containing an order under subsection (2) that amends or repeals any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament —
a
an Act of Parliament;
b
an Act of the Scottish Parliament;
c
an Act or Measure of the National Assembly for Wales;
d
Northern Ireland legislation as defined in section 24 of the Interpretation Act 1978.
4
Any other statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
5
The powers under subsections (1) and (2) include power to make different provision for different cases or descriptions of case, including different provision for different areas or different authorities.
Financial provisions
21
There is to be paid out of money provided by Parliament —
a
any expenditure incurred by the Secretary of State in consequence of this Act, and
b
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Extent and short title
22
1
This Act extends to England and Wales only, subject to subsections (2) and (3) .
2
Section 17 extends also to Scotland.
3
Sections 18 and 20 extend to England and Wales, Scotland and Northern Ireland.
4
This Act may be cited as the Local Government Finance Act 2012.
SCHEDULES
SCHEDULE 1
Local retention of non-domestic rates
Section 1
After Schedule 7A to the LGFA 1988 insert —
SCHEDULE 7B
Local retention of non-domestic rates
Section 59A
Part 1
Main non-domestic rating accounts
Main non-domestic rating accounts
1
1
The Secretary of State must, for each year, keep an account, to be called a “main non-domestic rating account”.
2
Each such account must be kept in accordance with the provisions of this Schedule that apply to a main non-domestic rating account.
3
The Secretary of State —
a
must keep each such account in such form as the Treasury may direct, and
b
must, at such time as the Treasury may direct, send copies of each such account to the Comptroller and Auditor General.
4
The Comptroller and Auditor General —
a
must examine, certify and report on any account of which copies are sent to the Comptroller and Auditor General under sub-paragraph (3) , and
b
must arrange for copies of the account and of the Comptroller and Auditor General’s report on it to be laid before each House of Parliament.
Credits and debits
2
1
For each year the following are to be credited (as items of account) to the main non-domestic rating account kept for the year —
a
amounts received by the Secretary of State in the year under section 54 (central rating: liability),
b
amounts received by the Secretary of State in the year under section 59 (contributions in aid),
c
amounts received by the Secretary of State in the year under regulations under section 99(3) (treatment of surplus or deficit in collection fund) that make provision in relation to non-domestic rates,
d
amounts received by the Secretary of State in the year under paragraph 6 (payments in respect of the central share) and amounts received by the Secretary of State in the year under regulations under paragraph 7 (administrative arrangements for such payments),
e
amounts received by the Secretary of State in the year under paragraph 14 (payments following local government finance report),
f
amounts received by the Secretary of State in the year under paragraph 17 (payments following amending report),
g
amounts received by the Secretary of State in the year under regulations under paragraph 33 (transitional protection payments), and
h
amounts received by the Secretary of State in the year under regulations under paragraph 42 (payments following estimates of amounts to be disregarded).
2
For each year the following are to be debited (as items of account) to the main non-domestic rating account kept for the year —
a
payments made by the Secretary of State in the year under regulations under section 99(3) that make provision in relation to non-domestic rates,
b
payments made by the Secretary of State in the year under regulations under paragraph 7 ,
c
payments made by the Secretary of State in the year under paragraph 14 ,
d
payments made by the Secretary of State in the year under paragraph 17 ,
e
payments made by the Secretary of State in the year under regulations under paragraph 33 , and
f
payments made by the Secretary of State in the year under regulations under paragraph 42.
3
If a local government finance report for a year has been approved by resolution of the House of Commons, an amount may be debited (as an item of account) to the main non-domestic rating account kept for the year, for use for the purposes of local government in England.
4
The amount that may be debited under sub-paragraph (3) for a year may not exceed —
a
the total amount credited for the year under sub-paragraph (1) (a) , (b) , (c) , (d) and (h), minus
b
the total amount debited for the year under sub-paragraph (2)(a) , (b) and (f).
5
The reference in sub-paragraph (3) to use for the purposes of local government in England includes the making of payments under an Act or an instrument made under an Act (whenever passed or made) to —
a
billing authorities in England,
b
precepting authorities in England,
c
levying bodies in England (and for this purpose “levying body” has the meaning given by section 74(1)), or
d
bodies to which section 75(1) applies.
End of year calculations
3
1
As soon as is reasonably practicable after the end of each year, the Secretary of State must calculate —
a
the aggregate of the items of account credited to the main non-domestic rating account kept for the year, and
b
the aggregate of the items of account debited to the main non-domestic rating account kept for the year.
2
If the aggregate mentioned in sub-paragraph (1) (a) exceeds that mentioned in sub-paragraph (1) (b), an amount equal to the excess must be —
a
debited (as an item of account) to the main non-domestic rating account kept for the year, and
b
credited (as an item of account) to the main non-domestic rating account kept for the next year.
3
If the aggregate mentioned in sub-paragraph (1) (b) exceeds that mentioned in sub-paragraph (1) (a), an amount equal to the excess must be —
a
credited (as an item of account) to the main non-domestic rating account kept for the year, and
b
debited (as an item of account) to the main non-domestic rating account kept for the next year.
Part 2
Determination of the central and local share
Determination of the central and local share
4
The Secretary of State must, for each year and in relation to each billing authority in England, determine —
a
the percentage (“the central share”) that is to be the billing authority’s central share for the year for the purposes of Part 3 (payments to the Secretary of State in respect of the central share), and
b
the percentage (“the local share”) that is to be the billing authority’s local share for the year for the purposes of Part 4 (payments by billing authorities to major precepting authorities).
Local government finance reports
5
1
A determination under paragraph 4 must be specified in a report, to be called a “local government finance report”.
2
The Secretary of State must lay, or make arrangements for laying, the local government finance report before the House of Commons.
3
As soon as is reasonably practicable after a local government finance report is laid before the House of Commons, the Secretary of State must send a copy of the report to each relevant authority.
Part 3
Payments to the Secretary of State in respect of the central share
Payments to the Secretary of State in respect of the central share
6
1
This paragraph applies if a local government finance report for a year is approved by resolution of the House of Commons.
2
Each billing authority in England must make a payment for the year to the Secretary of State of an amount equal to the central share of the billing authority’s non-domestic rating income for the year.
3
For the purposes of this paragraph, an authority’s “non-domestic rating income” has the meaning given by regulations made by the Secretary of State.
4
The regulations may, in particular, define that term by reference to the total which, if the authority acted diligently, would be payable to it in respect of the year under sections 43 and 45, subject to such adjustments as may be specified in the regulations.
5
The regulations may, in particular, make provision for adjustments by reference to changes to the calculation of the amount of a billing authority’s non-domestic rating income for an earlier year but not taken into account in that calculation.
6
This paragraph is subject to regulations under paragraph 8 .
Regulations about administrative arrangements
7
1
The Secretary of State may by regulations make provision about the administration of payments under paragraph 6 .
2
The regulations may, in particular, make provision —
a
about the time and manner in which a payment under paragraph 6 or under regulations under this paragraph is to be made (including for payment by instalments), and as to the consequences of non-payment;
b
about the making of a payment by a billing authority to the Secretary of State or vice versa where —
i
a payment under paragraph 6 is made in the course of the year to which it relates, and
ii
it is subsequently determined that the amount of the payment required to be made under that paragraph is more or less than that actually made;
c
about the making of a payment by a billing authority to the Secretary of State or vice versa where —
i
a calculation of a payment under paragraph 6 is made by reference to an estimate of an amount, and
ii
it is subsequently determined that the actual amount is more or less than the estimate.
Regulations about deductions from central share payments
8
1
The Secretary of State may by regulations make provision for the deduction from a payment to be made under paragraph 6 by a billing authority to the Secretary of State of an amount to be determined in accordance with the regulations.
2
The regulations may, in particular, make provision for the determination of an amount to be deducted to be made by reference to the operation in relation to the billing authority of section 47 (discretionary relief).
3
The consent of the Treasury is required to regulations under this paragraph.
Part 4
Payments by billing authorities to major precepting authorities
Regulations about payments
9
1
The Secretary of State may by regulations make provision requiring billing authorities in England to make payments for a year to major precepting authorities in England.
2
The regulations must provide that a billing authority is not required to make a payment for a year unless the local government finance report for the year has been approved by resolution of the House of Commons.
3
The regulations may, in particular, make provision as to —
a
the billing authorities that are required to make payments under the regulations;
b
the major precepting authorities that are entitled to receive payments under the regulations;
c
the amounts of the payments that are required to be made.
4
The regulations may, in particular, make provision for the amount of a payment to be made by a billing authority for a year to be such proportion of its non-domestic rating income for the year as is specified in or determined in accordance with the regulations.
5
For the purposes of this paragraph, an authority’s “non-domestic rating income” has the meaning given by the regulations.
6
The regulations may, in particular, define that term by reference to the total which, if the authority acted diligently, would be payable to it in respect of the year under sections 43 and 45, subject to such adjustments as may be specified in the regulations.
7
The regulations may, in particular, make provision for adjustments by reference to changes to the calculation of the amount of a billing authority’s non-domestic rating income for an earlier year but not taken into account in that calculation.
8
The regulations may not have the effect that the total amount payable by a billing authority under the regulations for a year exceeds the billing authority’s local share of its non-domestic rating income for a year.
Regulations about administrative arrangements
10
1
The Secretary of State may by regulations make provision about the administration of payments under regulations under paragraph 9 .
2
The regulations may, in particular, make provision —
a
about the making of calculations, and the supply of information to a major precepting authority, by a billing authority in connection with the determination of a payment to be made under regulations under paragraph 9 , this paragraph or Part 6 (funds) so far as applying to non-domestic rates;
b
about the assumptions and adjustments to be made, and the information to be taken into account, in making such calculations;
c
about the consequences of non-compliance with provision under paragraph (a) or (b);
d
about the time and manner in which a payment under regulations under paragraph 9 or this paragraph is to be made (including for payment by instalments), and as to the consequences of non-payment;
e
about the making of a payment by a billing authority to a major precepting authority or vice versa where —
i
a payment under regulations under paragraph 9 is made in the course of the year to which it relates, and
ii
it is subsequently determined that the amount of the payment required to be made under the regulations is more or less than that actually made;
f
about the making of a payment by a billing authority to a major precepting authority or vice versa where —
i
a calculation of a payment under regulations under paragraph 9 is made by reference to an estimate of an amount, and
ii
it is subsequently determined that the actual amount is more or less than the estimate;
g
for the certification of calculations made, or information supplied to a major precepting authority, by a billing authority in connection with the determination of a payment under regulations under paragraph 9 , this paragraph or Part 6 (funds) so far as applying to non-domestic rates;
h
about the consequences where a certified calculation or certified information does not match that made or supplied by the billing authority, including (in particular) about the use of the certified calculation or certified information.
3
The regulations may confer power on the Secretary of State to give directions about the certification of calculations or information.
Payments out of deduction from central share payments
11
1
The Secretary of State may by regulations make provision for a billing authority to make a payment for a year to one or more major precepting authorities of an amount equal to a proportion of the amount that is to be deducted in accordance with regulations under paragraph 8 from the billing authority’s payment under paragraph 6 to the Secretary of State for the year.
2
The regulations may make provision about the administration of payments to major precepting authorities under the regulations.
3
The regulations may, in particular, make provision in relation to payments to major precepting authorities of the same kind as the provision that may be made under sub-paragraph (2) of paragraph 10 in relation to payments to major precepting authorities to which that sub-paragraph applies.
Part 5
Principal payments in connection with local retention of non-domestic rates
Determination of payments
12
1
The local government finance report for a year must specify the basis (“the basis of calculation”) on which the Secretary of State intends to —
a
calculate which relevant authorities are to make payments under this Part of this Schedule to the Secretary of State for the year,
b
calculate which relevant authorities are to receive payments under this Part of this Schedule from the Secretary of State for the year, and
c
calculate the amount of each payment within paragraph (a) or (b).
2
Before making the local government finance report for a year, the Secretary of State must notify such representatives of local government as the Secretary of State thinks fit of the general nature of the basis of calculation.
Calculations following local government finance report
13
1
This paragraph applies if a local government finance report for a year is approved by resolution of the House of Commons.
2
As soon as is reasonably practicable after the report has been approved, the Secretary of State must —
a
calculate which relevant authorities are to make payments under this Part of this Schedule to the Secretary of State for the year,
b
calculate which relevant authorities are to receive payments under this Part of this Schedule from the Secretary of State for the year, and
c
calculate the amount of each payment within paragraph (a) or (b).
3
Subject as follows, the Secretary of State may, at any time before the end of the year following the year to which the report relates, make one further set of calculations of the kind described in sub-paragraph (2) .
4
The power to make a further set of calculations under sub-paragraph (3) is not exercisable after the approval by the House of Commons of any amending report made under paragraph 15 in relation to the local government finance report.
5
Calculations under this paragraph must be made in accordance with the basis of calculation specified in the report.
6
As soon as is reasonably practicable after making calculations under sub-paragraph (2) or (3) , the Secretary of State must notify each relevant authority of —
a
whether any payments are to be made by the authority to the Secretary of State in accordance with the calculations,
b
whether any payments are to be made to the authority by the Secretary of State in accordance with the calculations, and
c
if any payments are to be made by or to the authority, the amount of each payment.
Payments following local government finance report
14
1
Where calculations under paragraph 13 (2) show that a relevant authority is to make a payment to the Secretary of State, the authority must make that payment to the Secretary of State.
2
Where calculations under paragraph 13 (2) show that the Secretary of State is to make a payment to a relevant authority, the Secretary of State must make that payment to the authority.
3
The following provisions apply if calculations (“the revised calculations”) are made under paragraph 13 (3) for a year.
4
In this paragraph “the original calculations” means the calculations for the year under paragraph 13 (2) .
5
Sub-paragraph (6) applies where —
a
a payment the revised calculations show as falling to be made by a relevant authority to the Secretary of State exceeds that shown as falling to be made by the original calculations, or
b
a payment the revised calculations show as falling to be made by the Secretary of State to a relevant authority is less than that shown as falling to be made by the original calculations.
6
The authority must make a payment to the Secretary of State of an amount equal to the difference.
7
Where the original calculations did not show that a relevant authority was to make a payment to the Secretary of State, but the revised calculations show that the authority is to make a payment to the Secretary of State —
a
the authority must make that payment to the Secretary of State, and
b
the authority must make a payment to the Secretary of State of an amount equal to the amount of the payment shown by the original calculations as falling to be made by the Secretary of State to the authority.
8
Sub-paragraph (9) applies where —
a
a payment the revised calculations show as falling to be made by a relevant authority to the Secretary of State is less than that shown as falling to be made by the original calculations, or
b
a payment the revised calculations show as falling to be made by the Secretary of State to a relevant authority exceeds that shown as falling to be made by the original calculations.
9
The Secretary of State must make a payment to the authority of an amount equal to the difference.
10
Where the original calculations did not show that the Secretary of State was to make a payment to a relevant authority, but the revised calculations show that the Secretary of State is to make a payment to the authority —
a
the Secretary of State must make that payment to the authority, and
b
the Secretary of State must make a payment to the authority of an amount equal to the amount of the payment shown by the original calculations as falling to be made by the authority to the Secretary of State.
11
A payment by a relevant authority to the Secretary of State under sub-paragraph (1) —
a
must be made on or before such day in the year to which the local government finance report relates, and in such manner, as the Secretary of State may specify, and
b
if not made on or before that day, is recoverable in a court of competent jurisdiction.
12
A payment by the Secretary of State to a relevant authority under sub-paragraph (2) must be made —
a
in instalments of such amounts, and
b
at such times in the year to which the local government finance report relates,
as the Secretary of State determines with the Treasury’s consent.
13
A payment by a relevant authority to the Secretary of State under sub-paragraph (6) or (7) —
a
must be made on or before such day after the end of the year to which the local government finance report relates, and in such manner, as the Secretary of State may specify, and
b
if not made on or before that day, is recoverable in a court of competent jurisdiction.
14
A payment by the Secretary of State to a relevant authority under sub-paragraph (9) or (10) must be made —
a
at such time, or
b
in instalments of such amounts and at such times,
as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the year to which the local government finance report relates.
Amending reports
15
1
After a local government finance report has been made, the Secretary of State may, at any time before the end of the year following the year to which the report relates, make in relation to the report one or more amending reports under this paragraph.
2
An amending report under this paragraph must contain amendments to the basis of calculation specified in the local government finance report.
3
Before making the report, the Secretary of State must notify such representatives of local government as the Secretary of State thinks fit of the general nature of the amendments the Secretary of State proposes to make.
4
The Secretary of State must lay, or make arrangements for laying, the report before the House of Commons.
5
As soon as is reasonably practicable after the report is laid before the House of Commons, the Secretary of State must send a copy of the report to each relevant authority.
6
Where an amending report under this paragraph has been approved by resolution of the House of Commons, the Secretary of State may not make a subsequent amending report under this paragraph in relation to the same local government finance report.
Calculations following amending report
16
1
This paragraph applies if an amending report for a year made under paragraph 15 is approved by resolution of the House of Commons.
2
As soon as is reasonably practicable after the amending report has been approved, the Secretary of State must —
a
calculate which relevant authorities are to make payments under this Part of this Schedule to the Secretary of State for the year,
b
calculate which relevant authorities are to receive payments under this Part of this Schedule from the Secretary of State for the year, and
c
calculate the amount of each payment within paragraph (a) or (b).
3
Subject as follows, the Secretary of State may make one further set of calculations of the kind described in sub-paragraph (2) .
4
The power to make a further set of calculations under sub-paragraph (3) is not exercisable after whichever is the later of —
a
the end of the year following the year to which the amending report relates, and
b
the end of the period of 3 months beginning with the day on which the amending report is approved by resolution of the House of Commons.
5
Calculations under this paragraph must be made in accordance with the basis of calculation specified in the local government finance report as amended by the amending report.
6
As soon as is reasonably practicable after making calculations under sub-paragraph (2) or (3) , the Secretary of State must notify each relevant authority of —
a
whether any payments are to be made by the authority to the Secretary of State in accordance with the calculations,
b
whether any payments are to be made to the authority by the Secretary of State in accordance with the calculations, and
c
if any payments are to be made by or to the authority, the amount of each payment.
Payments following amending report
17
1
This paragraph applies if calculations (“the revised calculations”) are made under paragraph 16 (2) or (3) for a year.
2
In this paragraph “the relevant previous calculations” means the last calculations of the kind referred to in paragraph 13 (2) or (3) or 16 (2) made for the year.
3
Sub-paragraph (4) applies where —
a
a payment shown by the revised calculations as falling to be made by a relevant authority to the Secretary of State exceeds that shown as falling to be made by the relevant previous calculations, or
b
a payment shown by the revised calculations as falling to be made by the Secretary of State to a relevant authority is less than that shown as falling to be made by the relevant previous calculations.
4
The authority must make a payment to the Secretary of State of an amount equal to the difference.
5
Where the relevant previous calculations did not show that a relevant authority was to make a payment to the Secretary of State, but the revised calculations show that the authority is to make a payment to the Secretary of State —
a
the authority must make that payment to the Secretary of State, and
b
the authority must make a payment to the Secretary of State of an amount equal to the amount of the payment shown by the relevant previous calculations as falling to be made by the Secretary of State to the authority.
6
Sub-paragraph (7) applies where —
a
a payment shown by the revised calculations as falling to be made by a relevant authority to the Secretary of State is less than that shown as falling to be made by the relevant previous calculations, or
b
a payment shown by the revised calculations as falling to be made by the Secretary of State to a relevant authority exceeds that shown as falling to be made by the relevant previous calculations.
7
The Secretary of State must make a payment to the authority of an amount equal to the difference.
8
Where the relevant previous calculations did not show that the Secretary of State was to make a payment to a relevant authority, but the revised calculations show that the Secretary of State is to make a payment to the authority —
a
the Secretary of State must make that payment to the authority, and
b
the Secretary of State must make a payment to the authority of an amount equal to the amount of the payment shown by the relevant previous calculations as falling to be made by the authority to the Secretary of State.
9
A payment by a relevant authority to the Secretary of State under this paragraph —
a
must be made on or before such day after the end of the year in which the amending report was made, and in such manner, as the Secretary of State may specify, and
b
if not made on or before that day, is recoverable in a court of competent jurisdiction.
10
A payment by the Secretary of State to a relevant authority under this paragraph must be made —
a
at such time, or
b
in instalments of such amounts and at such times,
as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the year in which the amending report was made.
Relationship with other provisions
18
This Part is subject to Parts 9 (pooling of authorities) and 10 (designation of areas and classes of hereditament).
Part 6
Levy accounts
Levy accounts
19
1
The Secretary of State must, for each year, keep an account, to be called a “levy account”.
2
Each such account must be kept in accordance with the provisions of this Schedule that apply to a levy account.
3
The Secretary of State —
a
must keep each such account in such form as the Treasury may direct, and
b
must, at such time as the Treasury may direct, send copies of each such account to the Comptroller and Auditor General.
4
The Comptroller and Auditor General —
a
must examine, certify and report on any account of which copies are sent to the Comptroller and Auditor General under sub-paragraph (3) , and
b
must arrange for copies of the account and of the Comptroller and Auditor General’s report on it to be laid before each House of Parliament.
Credits and debits
20
1
For each year the following are to be credited (as items of account) to the levy account kept for the year —
a
amounts received by the Secretary of State in the year under paragraph 24 (levy payments), and
b
amounts received by the Secretary of State in the year under regulations under paragraph 28 (payments on account).
2
If a local government finance report for a year has been approved by resolution of the House of Commons, and that report provides for an amount to be credited to the levy account kept for the year, that amount may be credited (as an item of account) to that account.
3
For each year the following are to be debited (as items of account) to the levy account kept for the year —
a
payments made by the Secretary of State in the year under paragraph 27 (safety net payments),
b
payments made by the Secretary of State in the year under regulations under paragraph 28 , and
c
payments made by the Secretary of State in the year under paragraph 30 (distribution of remaining balance).
End of year calculations
21
1
As soon as is reasonably practicable after the end of each year, the Secretary of State must calculate —
a
the aggregate of the items of account credited to the levy account kept for the year, and
b
the aggregate of the items of account debited to the levy account kept for the year.
2
If the aggregate mentioned in sub-paragraph (1) (a) exceeds that mentioned in sub-paragraph (1) (b), an amount equal to the excess must be —
a
debited (as an item of account) to the levy account kept for the year, and
b
credited (as an item of account) to the levy account kept for the next year.
3
If the aggregate mentioned in sub-paragraph (1) (b) exceeds that mentioned in sub-paragraph (1) (a), an amount equal to the excess must be —
a
credited (as an item of account) to the levy account kept for the year, and
b
debited (as an item of account) to the levy account kept for the next year.
Part 7
Levy payments, safety net payments and distribution of remaining balance
Regulations about calculation of levy payments
22
1
The Secretary of State may by regulations make provision for calculating —
a
whether a relevant authority is required to make a payment under this Part of this Schedule (a “levy payment”) to the Secretary of State for a year, and
b
if so, the amount of the levy payment.
2
The regulations must make provision for calculations for a year to be made after the end of that year.
3
The regulations may, in particular, make provision for calculations in relation to a relevant authority to be made —
a
if the relevant authority is a billing authority, by reference to the total payable to it in respect of the year under sections 43 and 45, subject to such adjustments as may be specified in the regulations;
b
if the relevant authority is a major precepting authority, by reference to the total of the amounts payable in respect of the year under those sections to the billing authorities that are required to make payments to it for the year under regulations under paragraph 9 , subject to such adjustments as may be specified in the regulations;
c
by reference to payments of a kind specified in the regulations made to the authority by the Secretary of State;
d
by reference to such other factors as may be specified in the regulations.
4
The regulations may, in particular, make provision for adjustments to an amount calculated under provision made under sub-paragraph (3) by reference to changes affecting the calculation of such an amount for an earlier year but not taken into account in that calculation.
Calculation of levy payments
23
1
The Secretary of State must calculate in relation to each relevant authority —
a
whether it is required to make a levy payment for a year, and
b
if so, the amount of that payment.
2
The calculation must be made —
a
as soon as is reasonably practicable after the end of the year, or
b
if the authority is subject to a requirement imposed by a direction under paragraph 43 (direction to make calculations or supply information) or by or under regulations under paragraph 44 (regulations about calculations and supply of information) for the purposes of this paragraph, as soon as is reasonably practicable after the time for compliance with that requirement,
whichever is the later.
3
The calculation must be made in accordance with regulations under paragraph 22 .
4
As soon as is reasonably practicable after making a calculation in relation to a relevant authority, the Secretary of State must notify that authority of —
a
whether, in accordance with the calculation, it is required to make a levy payment for the year, and
b
if so, the amount of that payment in accordance with the calculation.
Levy payments following calculations
24
1
If a calculation under paragraph 23 shows that a levy payment is to be made to the Secretary of State by a relevant authority, the authority must make that payment to the Secretary of State.
2
The levy payment —
a
must be made on or before such day and in such manner as the Secretary of State may specify, and
b
if not made on or before that day, is recoverable in a court of competent jurisdiction.
Regulations about calculation of safety net payments
25
1
The Secretary of State may by regulations make provision for calculating —
a
whether the Secretary of State is required to make a payment under this Part of this Schedule (a “safety net payment”) to a relevant authority for a year, and
b
if so, the amount of the payment.
2
The regulations must make provision for calculations for a year to be made after the end of that year.
3
The regulations may, in particular, make provision for calculations in relation to a relevant authority to be made —
a
if the relevant authority is a billing authority, by reference to the total payable to it in respect of the year under sections 43 and 45, subject to such adjustments as may be specified in the regulations;
b
if the relevant authority is a major precepting authority, by reference to the total of the amounts payable in respect of the year under those sections to the billing authorities that are required to make payments to it for the year under regulations under paragraph 9 , subject to such adjustments as may be specified in the regulations;
c
by reference to payments of a kind specified in the regulations made to the authority by the Secretary of State;
d
by reference to such other factors as may be specified in the regulations.
4
The regulations may, in particular, make provision for adjustments to an amount calculated under provision made under sub-paragraph (3) by reference to changes affecting the calculation of such an amount for an earlier year but not taken into account in that calculation.
Calculation of safety net payments
26
1
The Secretary of State must calculate in relation to each relevant authority —
a
whether the Secretary of State is required to make a safety net payment to the authority for the year, and
b
if so, the amount of that payment.
2
The calculation must be made —
a
as soon as is reasonably practicable after the end of the year, or
b
if the authority is subject to a requirement imposed by a direction under paragraph 43 (direction to make calculations or supply information) or by or under regulations under paragraph 44 (regulations about calculations and supply of information) for the purposes of this paragraph, as soon as is reasonably practicable after the time for compliance with that requirement,
whichever is the later.
3
The calculation must be made in accordance with regulations under paragraph 25 .
4
As soon as is reasonably practicable after making a calculation under this paragraph in relation to a relevant authority, the Secretary of State must notify that authority of —
a
whether, in accordance with the calculation, the Secretary of State is required to make a safety net payment to the authority for the year, and
b
if so, the amount of that payment in accordance with the calculation.
5
This paragraph is subject to regulations under paragraph 28 (payments on account).
Safety net payments following calculations
27
1
If a calculation under paragraph 26 shows that a safety net payment is to be made by the Secretary of State to a relevant authority, the Secretary of State must make that payment to the authority.
2
The safety net payment must be made in instalments of such amounts, and at such times, as the Secretary of State determines with the Treasury’s consent.
3
This paragraph is subject to regulations under paragraph 28 (payments on account).
Regulations about payments on account
28
1
The Secretary of State may by regulations make provision —
a
for a relevant authority to request the Secretary of State to make a calculation before the end of a year of —
i
whether the Secretary of State is likely to be required to make a safety net payment under paragraph 27 to the authority for the year, and
ii
if so, the amount of the payment;
b
about the time at which and the manner in which a request must be made, and the information that must be provided in connection with the request;
c
about the circumstances in which the Secretary of State may or must make a calculation in response to a request;
d
about the making of the calculation, including for the Secretary of State to make the calculation by reference to estimates of any of the amounts mentioned in paragraph 25 (3) .
2
The regulations may make provision —
a
about the timing of a calculation in response to a request;
b
about the notification of the results of the calculation to the relevant authority to whom it relates;
c
for the making, as a result of the calculation, of a payment (a “payment on account”) to the authority before the end of the year to which the calculation relates.
3
The regulations may, in particular —
a
make provision in relation to a calculation that is similar to that made by paragraph 26 , or apply that paragraph with modifications in relation to such a calculation;
b
make provision in relation to a payment on account that is similar to that made by paragraph 27 , or apply that paragraph with modifications in relation to such a payment.
4
The regulations may make provision —
a
about the calculation under paragraph 26 to be made in relation to a relevant authority for a year where a payment on account has been made to the authority for the year;
b
for the making of a further payment by the Secretary of State to the authority, or of a payment by the authority to the Secretary of State, as a result of that calculation.
Calculation of remaining balance on levy account
29
1
The Secretary of State must, in each year other than the first year for which the levy account is kept, calculate whether there is a remaining balance on the levy account for the year in accordance with sub-paragraphs (2) to (4) .
2
The calculation must be made as soon as is reasonably practicable after —
a
all of the calculations required by paragraph 23 (1) (calculations of levy payments) have been made for the previous year,
b
all of the calculations required by paragraph 26 (1) (calculations of safety net payments) have been made for the previous year, and
c
all of the calculations required by regulations under paragraph 28 (calculations of safety net payments on account) have been made for the year.
3
The calculation must be made as follows —
Step 1
Calculate the aggregate of the amounts of all of the levy payments calculated for the previous year under paragraph 23 (1) .
Step 2
Add any amount credited to the levy account for the year in accordance with paragraph 21 (2) (credit from previous year) to the amount found under step 1, or subtract any amount debited to that account in accordance with paragraph 21 (3) (debit from previous year) from the amount found under step 1.
Step 3
Add to the amount found under steps 1 and 2 any amount credited to the levy account for the year in accordance with paragraph 20(2) (credit in accordance with local government finance report).
Step 4
Subtract from the amount found under steps 1 to 3 the aggregate of the amounts of all the safety net payments calculated for the previous year under paragraph 26 (1) .
Step 5
Subtract from the amount found under steps 1 to 4 the aggregate of all the payments to be made by the Secretary of State under regulations under paragraph 28(4)(b) (adjustments following safety net payment on account).
Step 6
Add to the amount found under steps 1 to 5 the aggregate of all the payments to be made to the Secretary of State under regulations under paragraph 28(4)(b) .
Step 7
Subtract from the amount found under steps 1 to 6 the aggregate of all the payments on account to be made in the year under regulations under paragraph 28.
4
If the amount found under step 7 in sub-paragraph (3) is a positive amount, that is the remaining balance on the levy account for the year.
5
Sub-paragraph (6) applies if, in the first year for which the levy account is kept —
a
an amount is credited to the levy account for the year in accordance with paragraph 20(2) , and
b
that amount exceeds the aggregate of all the payments on account to be made in the year under regulations under paragraph 28 .
6
The amount of the excess is to be treated as the remaining balance on the levy account for the year.
Distribution of remaining balance
30
1
The Secretary of State may determine that an amount equal to the whole or part of the remaining balance on a levy account for a year is to be distributed among one or more relevant authorities (rather than being treated in accordance with paragraph 21 (2) ).
2
The Secretary of State may by regulations make provision about the basis (“the basis of distribution”) on which an amount referred to in sub-paragraph (1) is to be distributed.
3
If the Secretary of State makes a determination under sub-paragraph (1) , the Secretary of State must calculate what amount (if any) falls to be paid to each relevant authority as its share of the amount referred to in that sub-paragraph.
4
The calculations must be made —
a
as soon as is reasonably practicable after the determination is made, and
b
in accordance with the basis of distribution specified in the regulations.
5
As soon as is reasonably practicable after making the calculations, the Secretary of State must notify each relevant authority of —
a
whether a payment is to be made by the Secretary of State to the authority out of the amount referred to in sub-paragraph (1) , and
b
if such a payment is to be made, the amount of the payment.
6
If the calculations show that a payment is to be made by the Secretary of State to a relevant authority, the Secretary of State must make that payment to the authority.
7
A payment from the Secretary of State to a relevant authority under this paragraph must be made —
a
at such time, or
b
in instalments of such amounts and at such times,
as the Secretary of State determines with the Treasury’s consent; but any such time must fall within the year to which the remaining balance relates.
Relationship with other provisions
31
This Part is subject to Parts 9 (pooling of authorities) and 10 (designation of areas and classes of hereditament).
Part 8
Transitional protection payments
Regulations about deemed and actual rating income
32
1
The Secretary of State may by regulations make provision for calculating in accordance with the regulations —
a
the total amount which would be payable to a billing authority in England in respect of a year under sections 43 and 45 if —
i
regulations under section 57A (transitional relief following compilation of local rating list) were not in force for the year, and
ii
the authority acted diligently, and
b
the total amount which would be payable to a billing authority in England in respect of a year under sections 43 and 45 if the authority acted diligently.
2
The regulations may include provision for adjustments to be made to an amount calculated under provision under sub-paragraph (1) .
3
The regulations may, in particular, make provision for adjustments to that amount by reference to changes affecting the calculation of such an amount for an earlier year but not taken into account in that calculation.
4
In this Part of this Schedule —
a
a billing authority’s “deemed rating income” for a year means the amount calculated for the authority and the year under provision under sub-paragraph (1) (a) and (2) , and
b
a billing authority’s “actual rating income” for a year means the amount calculated for the authority and the year under provision under sub-paragraph (1) (b) and (2) .
Regulations about transitional protection payments
33
1
The Secretary of State may by regulations make provision for the making of a payment (a “transitional protection payment”) for a year —
a
by the Secretary of State to a billing authority in England, or
b
by a billing authority in England to the Secretary of State.
2
The regulations must provide for the amount (if any) of a transitional protection payment in relation to an authority for a year to be calculated by reference to its deemed and actual rating income for the year, so that —
a
if its deemed rating income for a year exceeds its actual rating income for the year, the Secretary of State is to be liable to make a transitional protection payment to the authority for the year of an amount equal to the excess;
b
if its actual rating income for a year exceeds its deemed rating income for the year, the authority is to be liable to make a transitional protection payment to the Secretary of State for the year of an amount equal to the excess;
c
if its deemed rating income for a year is equal to its actual rating income for the year, no transitional protection payment is to be made to or by the authority for the year.
3
The regulations may, in particular, make provision —
a
about the making of calculations, and the supply of information to the Secretary of State, by a billing authority in connection with the determination of the transitional protection payment (if any) to be made to or by the authority;
b
about the assumptions and adjustments to be made, and the information to be taken into account, in making such calculations;
c
about the consequences of non-compliance with provision under paragraph (a) or (b), including (in particular) —
i
for the making by the Secretary of State of calculations, or of assumptions as to the information that would otherwise have been supplied by the authority;
ii
for the suspension of payments to the authority.
4
The regulations may, in particular, make provision —
a
for the making by a billing authority or the Secretary of State of a payment on account of a transitional protection payment;
b
for the calculation, where a payment on account has been made, of the amount of the final transitional protection payment (if any) to be made to or by the authority;
c
for the certification of calculations made, or information supplied to the Secretary of State, by a billing authority in connection with the determination of the final transitional protection payment (if any) to be made to or by the authority;
d
about the consequences where a certified calculation or certified information does not match that made or supplied by the authority, including (in particular) about the use of the certified calculation or certified information;
e
about the making of financial adjustments where the final transitional protection payment to be made to or by the authority for the year is different from a payment on account made to or by the authority for the year.
5
The regulations may confer power on the Secretary of State to give directions about the certification of calculations or information.
6
The regulations may, in particular, make provision about the time and manner in which a payment under the regulations is to be made (including for payment by instalments), and as to the consequences of non-payment.
Part 9
Pooling of authorities
Designation of pool of authorities
34
1
The Secretary of State may, in accordance with this paragraph, designate two or more relevant authorities as a pool of authorities for the purposes of the provisions of this Schedule applying to such pools (as to which, see paragraphs 36 and 37 ).
2
The Secretary of State may make a designation only if each authority covered by the designation has agreed to it.
3
The Secretary of State —
a
may revoke a designation (in particular if any condition of the designation is breached), and
b
must do so if any authority covered by the designation asks the Secretary of State to do so.
4
Subject to sub-paragraph (5) , a designation has effect —
a
for the year beginning after it is made, and
b
for each subsequent year, unless previously revoked.
5
A designation or revocation has effect for a year only if it is made before the Secretary of State gives the notification for the year required by paragraph 12 (2) (notification of general basis of calculation to be specified in local government finance report for year), unless sub-paragraph (6) applies.
6
A revocation made after the Secretary of State has given that notification has effect for the year for which the notification was given if —
a
it is made in response to a request under sub-paragraph (3)(b) made within the period of 28 days beginning with the date on which the notification was given, and
b
it is made before the local government finance report for that year is laid before the House of Commons.
7
After making or revoking a designation, the Secretary of State must notify the authorities covered by the designation.
8
A notification under sub-paragraph (7) must be given before or at the same time as the Secretary of State gives the notification required by paragraph 12 (2) for the year to which the designation or revocation relates, unless sub-paragraph (9) applies.
9
A notification under sub-paragraph (7) of a revocation made in the circumstances described in sub-paragraph (6) must be given as soon as is reasonably practicable after it is made.
Designations subject to conditions
35
1
A designation under paragraph 34 must be made subject to conditions —
a
requiring the authorities to which it relates to appoint a lead authority to exercise the functions specified in the conditions, and
b
requiring the authorities, if the designation is revoked, to take the steps specified in the conditions before the revocation takes effect.
2
A designation under paragraph 34 may be made subject to such other conditions as the Secretary of State thinks fit.
3
The Secretary of State may vary a designation by —
a
adding a condition,
b
modifying a condition, or
c
removing a condition (other than one mentioned in sub-paragraph (1) ).
4
Before varying a designation under sub-paragraph (3) , the Secretary of State must consult the authorities covered by the designation.
5
After varying a designation under sub-paragraph (3) , the Secretary of State must notify those authorities.
Effect of designation in relation to Part 5
36
1
Where a designation of a pool of authorities has effect for a year, Part 5 of this Schedule (principal payments in connection with local retention of non-domestic rates) applies in relation to the pool as if —
a
the authorities in the pool were not relevant authorities, but
b
the pool were itself a relevant authority.
2
Sub-paragraph (1) does not apply in relation to paragraph 15 (5) (duty to send copy of amending report to each relevant authority).
3
This paragraph does not prevent —
a
the local government finance report for the year, or an amending report under paragraph 15 in relation to that report, from also making provision in relation to the individual authorities in the pool,
b
the Secretary of State from making calculations based on the local government finance report, or any such amending report, in relation to each of those authorities, or
c
the Secretary of State from notifying the results of the calculations to each of those authorities.
4
But paragraphs 14 and 17 (payments following reports) do not apply in relation to such calculations.
Effect of designation in relation to Part 7
37
1
Regulations under paragraph 22 , 25 or 28 (levy payments, safety net payments and safety net payments on account) may provide for a pool of authorities to be treated as a relevant authority for the purposes of the regulations.
2
Such regulations may, in particular, make provision —
a
that is similar to provision which may be made under the paragraph in question apart from sub-paragraph (1) above, or
b
that applies such provision with modifications.
3
Where regulations under paragraph 22 apply to a pool of authorities for a year, paragraphs 23 and 24 (calculation and making of levy payments) apply in relation to the authorities and the year as if references in them to a relevant authority were to the pool.
4
Where regulations under paragraph 25 apply to a pool of authorities for a year, paragraphs 26 and 27 (calculation and making of safety net payments) apply in relation to the authorities and the year as if references in them to a relevant authority were to the pool.
5
Where a designation of a pool of authorities has effect for a year, paragraph 30 (distribution of remaining balance) applies in relation to the pool as if —
a
the authorities in the pool were not relevant authorities, but
b
the pool were itself a relevant authority.
6
Regulations under paragraph 30 may provide for a pool of authorities to be treated as a relevant authority for the purposes of the regulations.
7
This paragraph does not prevent —
a
regulations under paragraph 22 , 25 , 28 or 30 from also making provision in relation to the individual authorities in a pool,
b
the Secretary of State from making calculations under paragraph 23 , 26 or 30(3) based on such regulations in relation to each of those authorities, or
c
the Secretary of State from notifying the results of the calculations to each of those authorities.
8
But paragraphs 24 , 27 and 30 (6) (payments following calculations) do not apply in relation to such calculations.
Further provisions about effect of designation
38
1
A requirement under Part 5 or 7 of this Schedule in its application by virtue of paragraph 36 or 37 to notify a pool of authorities of any matter is a requirement to notify each authority in the pool of that matter.
2
Where by virtue of either of those paragraphs a pool of authorities is required to make a payment to the Secretary of State, each authority in the pool is jointly and severally liable to make that payment.
3
Where by virtue of either of those paragraphs the Secretary of State is required to make a payment to a pool of authorities, the payment is to be made to the lead authority appointed in accordance with conditions under paragraph 35 (1) .
Part 10
Designation of areas and classes of hereditament
Designation of areas
39
1
The Secretary of State may by regulations —
a
designate one or more areas in England (a “designated area”);
b
provide for the calculation in accordance with the regulations, for each year for which the designation has effect and in relation to each billing authority all or part of whose area falls within a designated area, of the amount mentioned in sub-paragraph (2) ;
c
provide for the calculation of a proportion of that amount in accordance with the regulations;
d
provide for that amount or that proportion to be disregarded for the purposes of calculations under any of the following provisions in its application to the authority for that year —
i
paragraph 6 (payments in respect of the central share);
ii
regulations under paragraph 7 (administrative arrangements for payments in respect of the central share);
iii
regulations under paragraph 9 (payments by billing authorities to major precepting authorities);
iv
regulations under paragraph 10 (administrative arrangements for payments by billing authorities to major precepting authorities);
v
paragraph 13 (calculations following local government finance report);
vi
paragraph 16 (calculations following amending report);
vii
paragraph 23 (calculations of levy payments);
viii
paragraph 26 (calculations of safety net payments);
ix
regulations under paragraph 28 (calculations of payments on account);
x
paragraph 30 (calculations relating to distribution of remaining balance).
2
Subject as follows, the amount referred to in sub-paragraph (1) (b) is the total amount which, if the authority acted diligently, would be payable to it for the year under sections 43 and 45 in respect of the hereditaments within the designated area.
3
The regulations may provide for that amount, or any proportion calculated under sub-paragraph (1) (c), to be adjusted in accordance with the regulations (and references in this paragraph to that amount or proportion include the amount or proportion as adjusted in accordance with such provision).
4
The regulations may, in particular, provide for adjustments to that amount or that proportion by reference to changes affecting a calculation under regulations under this paragraph for an earlier year but not taken into account in that calculation.
5
The regulations must —
a
specify the date on which the designation takes effect, which must be the first day of a year, or
b
provide that the designation is to take effect on the first day of the first year after specified conditions have been met.
6
Conditions under sub-paragraph (5) (b) may require compliance with specifications or requirements contained in a document of a specified kind.
7
If the regulations make provision under sub-paragraph (5) (b), they must provide that they will cease to have effect at the end of a specified period unless the conditions are met by the end of that period.
8
The regulations may specify the years for which the designation has effect.
9
If the regulations contain provision under sub-paragraph (8) —
a
amendments within sub-paragraph (10) may not be made to the regulations unless (in the case of amendments within paragraph (a), (b) or (c) of that sub-paragraph) the amendments are expressed to come into force after the end of that period, and
b
the regulations may not be revoked unless the revocation is expressed to come into force after the end of that period.
10
The amendments mentioned in sub-paragraph (9) (a) are those which have the effect of —
a
altering the boundaries of a designated area,
b
where provision made under paragraph (d) of sub-paragraph (1) has the effect that the amount referred to in that paragraph is to be disregarded, providing for a proportion of that amount to be disregarded,
c
where provision made under that paragraph has the effect that a proportion is to be disregarded, reducing that proportion, or
d
reducing the period for which the designation has effect.
11
Regulations under this paragraph must specify each area designated by the regulations by means of a plan or map (whether or not each area is specified by any other means).
12
An area may be designated by regulations under this paragraph by reference to such factors as the Secretary of State thinks fit.
13
The consent of the Treasury is required to regulations under this paragraph.
14
In this paragraph “specified” means specified in the regulations.
Designation of classes of hereditament
40
1
The Secretary of State may by regulations —
a
designate one or more classes of hereditaments in England (a “designated class”);
b
provide for the calculation in accordance with the regulations, for each year for which the designation has effect and in relation to each billing authority whose area includes hereditaments within the designated class, of the amount mentioned in sub-paragraph (2) ;
c
provide for the calculation of a proportion of that amount in accordance with the regulations;
d
provide for that amount or that proportion to be disregarded for the purposes of calculations under any of the following provisions in its application to the authority for that year —
i
paragraph 6 (payments in respect of the central share);
ii
regulations under paragraph 7 (administrative arrangements for payments in respect of the central share);
iii
regulations under paragraph 9 (payments by billing authorities to major precepting authorities);
iv
regulations under paragraph 10 (administrative arrangements for payments by billing authorities to major precepting authorities);
v
paragraph 13 (calculations following local government finance report);
vi
paragraph 16 (calculations following amending report);
vii
paragraph 23 (calculations of levy payments);
viii
paragraph 26 (calculations of safety net payments);
ix
regulations under paragraph 28 (calculations of payments on account);
x
paragraph 30 (calculations relating to distribution of remaining balance).
2
Subject as follows, the amount referred to in sub-paragraph (1) (b) is the total amount which, if the authority acted diligently, would be payable to it for the year under sections 43 and 45 in respect of the hereditaments within the designated class.
3
The regulations may provide for that amount, or any proportion calculated under sub-paragraph (1) (c), to be adjusted in accordance with the regulations (and references in this paragraph to that amount or proportion include the amount or proportion as adjusted in accordance with such provision).
4
The regulations may, in particular, provide for adjustments to that amount or that proportion by reference to changes affecting a calculation under regulations under this paragraph for an earlier year but not taken into account in that calculation.
5
The regulations may include provision imposing duties or conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) for the purpose of the calculation referred to in sub-paragraph (1) (c).
6
The regulations —
a
must specify the date on which the designation takes effect (which must be at the beginning of a year), and
b
may specify the years for which the designation has effect.
7
A class may be designated by regulations under this paragraph by reference to such factors as the Secretary of State thinks fit.
8
Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State thinks fit.
9
The fact that this paragraph was not in force when consultation in relation to proposed regulations under it took place is to be disregarded in determining whether there has been compliance with sub-paragraph (8) .
10
The consent of the Treasury is required to regulations under this paragraph.
Payments to relevant authorities
41
1
Regulations under paragraph 39 or 40 may make provision for a billing authority to make a payment for a year to a relevant authority of an amount equal to the whole or part of the amount or proportion that, in relation to the billing authority and the year, is to be disregarded for the purposes of the calculations mentioned in paragraph 39 (1) (d) or 40 (1) (d) (as the case may be).
2
Sub-paragraph (3) applies where the regulations include provision for payments to be made in accordance with sub-paragraph (1) to two or more relevant authorities.
3
The regulations may include provision for imposing duties or conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) for the purpose of arriving at the amounts of those payments.
4
The regulations may make provision about the administration of payments to relevant authorities under the regulations.
5
The regulations may, in particular, make provision in relation to payments to relevant authorities of the same kind as the provision that may be made under sub-paragraph (2) of paragraph 10 in relation to payments to major precepting authorities to which that sub-paragraph applies.
Estimates of amounts to be disregarded
42
1
The Secretary of State may by regulations make provision for —
a
calculations of a kind mentioned in paragraph 39(1)(d) or 40(1)(d) to be made on the basis of an estimate of an amount or proportion that is to be disregarded under regulations under that paragraph;
b
for the making of a payment by the Secretary of State to a billing authority or vice versa where it is subsequently determined that the amount or proportion to be disregarded is more or less than the amount of the estimate.
2
Regulations under this paragraph may make provision about the administration of payments under the regulations, including as to —
a
the time and manner in which a payment is to be made, and
b
the consequences of non-payment.
Part 11
Supplementary
Calculations and supply of information by relevant authorities
43
1
The Secretary of State may, for the purposes of any provision of or made under this Schedule or Part 6 (funds) so far as applying to non-domestic rates, direct a relevant authority to make calculations, or to supply information to the Secretary of State, in accordance with the direction.
2
The direction may require the calculations to be made, or the information to be supplied, before such time as is specified in the direction.
3
The direction may require the calculations or information to be certified in accordance with the direction.
4
If a relevant authority does not comply with a direction under this paragraph, the Secretary of State may make the calculations that the Secretary of State thinks would have been made, or make assumptions as to the information that would have been supplied, by the authority if it had complied with the direction.
5
If the Secretary of State proceeds under sub-paragraph (4) , the Secretary of State must notify the authority —
a
of that fact, and
b
of the calculations or assumptions that the Secretary of State has made.
6
If any calculation or information certified in accordance with a direction under this paragraph does not match that made or supplied by the authority in question, the Secretary of State may use the certified calculation or information.
7
If the Secretary of State proceeds under sub-paragraph (6) , the Secretary of State must notify the authority of that fact.
8
For the purposes of any provision made by or under Part 5 or 7 of this Schedule that applies to pools of authorities, this paragraph has effect as if references to a relevant authority included a reference to such a pool.
9
Where sub-paragraph (5) or (7) applies to a pool of authorities by virtue of sub-paragraph (8) , the Secretary of State must notify each relevant authority in the pool of the matters in question.
Regulations about calculations and supply of information
44
The Secretary of State may by regulations —
a
make any provision that could be made by a direction under paragraph 43 ;
b
make provision for the Secretary of State to give a direction that could be given under that paragraph;
c
make any provision made by that paragraph in relation to a direction under it —
i
in relation to provision made by regulations under this paragraph, or
ii
in relation to a direction given by the Secretary of State under regulations under this paragraph.
Interpretation of Schedule
45
In this Schedule —
“actual rating income”, in relation to a billing authority, has the meaning given by paragraph 32 (4) (b);
“basis of calculation” has the meaning given by paragraph 12 (1) ;
“the central share” has the meaning given by paragraph 4 ;
“deemed rating income”, in relation to a billing authority, has the meaning given by paragraph 32 (4) (a);
“local government finance report” has the meaning given by paragraph 5 (1) ;
“the local share” has the meaning given by paragraph 4 ;
“levy account” has the meaning given by paragraph 19 (1) ;
“levy payment” has the meaning given by paragraph 22 (1) ;
“main non-domestic rating account” has the meaning given by paragraph 1 (1) ;
a “pool of authorities” means two or more relevant authorities designated as a pool of authorities under paragraph 34 ;
“relevant authority” means —
a billing authority in England, or
a major precepting authority in England;
“safety net payment” has the meaning given by paragraph 25 (1) ;
“year” means a chargeable financial year.
SCHEDULE 2
Amendment of provisions about revenue support grant
Section 2
1
Chapter 2 of Part 5 of the LGFA 1988 (revenue support grant: England) is amended as follows.
2
1
Section 78 (revenue support grant) is amended as follows.
2
For subsection (1) (duty to pay grant) substitute —
1
The Secretary of State may pay a grant (to be called revenue support grant) in accordance with this Chapter for a chargeable financial year —
a
to receiving authorities,
b
to specified bodies, or
c
to both.
3
In subsection (2) (duty to make determination about revenue support grant for each chargeable financial year), after “year” insert “for which revenue support grant is to be paid”.
4
In subsection (3) (content of determination) —
a
after paragraph (a) insert —
aa
whether the Secretary of State proposes to pay grant to receiving authorities,
,
b
at the beginning of paragraph (b) insert “if so,”,
c
after paragraph (b) (and before the “and” at the end of that paragraph) insert —
ba
whether the Secretary of State proposes to pay grant to specified bodies,
, and
d
at the beginning of paragraph (c) insert “if so,”.
3
1
Section 78A (local government finance reports) is amended as follows.
2
For the heading substitute “Requirement to specify determination in local government finance report”.
3
In subsection (1) (duty to specify determination under section 78 in local government finance report), for the words from “a report” to “report)” substitute “the local government finance report for the year (as to which, see paragraph 5 of Schedule 7B)”.
4
In subsection (2) (requirement for report to specify basis of distribution of grant to receiving authorities), for “A local government finance report” substitute “If the determination provides for grant to be paid to receiving authorities, the report”.
5
In subsection (3), for “the report” substitute “a report to which subsection (2) applies”.
6
Omit subsections (4) and (5) (duty to lay report before House of Commons and to send copies to receiving authorities).
4
1
Section 79 (effect of report’s approval) is amended as follows.
2
In subsection (3) (duty to pay amounts specified in determination to receiving authorities and specified bodies) —
a
for “The Secretary of State” substitute “If the determination provides for grant to be paid to receiving authorities, the Secretary of State”, and
b
after “section 78(3)(b) above, and” insert “, if the determination provides for grant to be paid to specified bodies, the Secretary of State”.
3
In subsection (4) (amount to be paid to receiving authorities), for “The amount” substitute “Any amount”.
4
In subsection (5) (amount to be paid to particular specified body), for “The amount” substitute “Any amount”.
5
1
Section 82 (calculation of sums payable to receiving authorities by way of revenue support grant) is amended as follows.
2
Before subsection (1) insert —
A1
This section applies if —
a
in accordance with sections 78 and 78A above a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the House of Commons,
b
the determination provides for grant to be paid to receiving authorities, and
c
the report is approved by resolution of the House of Commons.
3
In subsection (1) (requirement to calculate sums payable), for the words from “a local government finance report” to “House of Commons” substitute “the report has been approved”.
6
In section 84A(1) (power of Secretary of State to make amending reports after local government finance report made), after “local government finance report” insert “that contains a determination under section 78 above”.
SCHEDULE 3
Local retention of non-domestic rates: further amendments
Section 5
Part 1
Amendments to Schedule 8 to the LGFA 1988 etc
LGFA 1988
1
In section 60 of the LGFA 1988 (non-domestic rating: pooling), for “Secretary of State” substitute “Welsh Ministers”.
2
Schedule 8 to the LGFA 1988 (non-domestic rating: pooling) is amended as follows.
3
1
Paragraph 1 (non-domestic rating accounts) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (2) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
in paragraph (b), for “Comptroller and Auditor General” substitute “Auditor General for Wales”.
4
Omit sub-paragraph (3).
5
In sub-paragraph (4), for “Assembly” substitute “National Assembly for Wales”.
4
1
Paragraph 2 (credits and debits to non-domestic rating accounts) is amended as follows.
2
In sub-paragraph (1) —
a
in paragraph (a), for “Secretary of State” substitute “Welsh Ministers”, and
b
in each of paragraphs (b) and (c), for “him” substitute “them”.
3
In sub-paragraph (2) —
a
in paragraph (a), for “Secretary of State” substitute “Welsh Ministers”, and
b
in paragraph (b), for “him” substitute “them”.
5
In paragraph 3(1) (end of year calculations), for “Secretary of State” substitute “Welsh Ministers”.
6
Before paragraph 4 (and after the heading to Part 2 of Schedule 8 but before the heading to that paragraph) insert —
Interpretation
3A
Any reference in this Part of this Schedule to a billing authority is a reference to a billing authority in Wales.
7
1
Paragraph 4 (rules as to calculation of billing authority’s non-domestic rating contribution) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State” substitute “Welsh Ministers”.
3
Omit sub-paragraphs (3), (4B) and (4D).
4
In sub-paragraph (5) —
a
for “Secretary of State” substitute “Welsh Ministers”,
b
for “he thinks” in both places substitute “they think”, and
c
for “sub-paragraphs (2) and (3)” substitute “sub-paragraph (2)”.
5
Omit sub-paragraph (5A).
8
1
Paragraph 5 (calculation and payment of billing authority’s non-domestic rating contribution) is amended as follows.
2
In sub-paragraph (2), for “Secretary of State” in both places substitute “Welsh Ministers”.
3
In sub-paragraph (3) —
a
for “Secretary of State believes” substitute “Welsh Ministers believe”,
b
for “he may” substitute “they may”,
c
for “his” substitute “their”,
d
for “he makes” substitute “they make”,
e
for “he shall” substitute “they shall”, and
f
for “he has” substitute “they have”.
4
In sub-paragraph (4), for “Secretary of State” in both places substitute “Welsh Ministers”.
5
In sub-paragraph (5), for “Secretary of State” substitute “Welsh Ministers”.
6
In sub-paragraph (6) —
a
in paragraph (b), for “Secretary of State” substitute “Welsh Ministers”,
b
in paragraph (ba) omit the words from “if it is” in the first place they appear to “authority in Wales”, and
c
in paragraph (c), for sub-paragraphs (i) and (ii) substitute “under arrangements made by the Auditor General for Wales”.
7
In sub-paragraph (6A) —
a
omit “Commission or the”,
b
omit “, as the case may be,”, and
c
for “Secretary of State” substitute “Welsh Ministers”.
8
In sub-paragraph (7) —
a
for “Secretary of State directs” substitute “Welsh Ministers direct”, and
b
for “he” in both places substitute “they”.
9
In sub-paragraph (8) —
a
for “Secretary of State receives” substitute “Welsh Ministers receive”, and
b
for “he” substitute “they”.
10
In sub-paragraph (9) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
for “he” substitute “they”.
11
In sub-paragraph (10) —
a
for “Secretary of State” substitute “Welsh Ministers”,
b
in paragraph (a) —
i
for “he believes” substitute “they believe”, and
ii
for “his” substitute “their”, and
c
in paragraph (b) —
i
for “he is” substitute “they are”,
ii
for “he decides” substitute “they decide”, and
iii
omit “with the Treasury’s approval”.
12
In sub-paragraph (11) —
a
in paragraph (a) —
i
for “Secretary of State has” substitute “Welsh Ministers have”, and
ii
for “him” substitute “them”, and
b
in paragraph (b), for “Secretary of State” substitute “Welsh Ministers”.
13
In sub-paragraph (12), for “Secretary of State” substitute “Welsh Ministers”.
14
In sub-paragraph (13), for “Secretary of State makes” substitute “Welsh Ministers make”.
15
In sub-paragraph (14) —
a
in paragraph (a) —
i
for “Secretary of State” substitute “Welsh Ministers”, and
ii
for “he” substitute “they”, and
b
in paragraph (b) —
i
for “Secretary of State” substitute “Welsh Ministers”,
ii
for “he decides” substitute “they decide”, and
iii
omit “with the Treasury’s approval”.
16
In sub-paragraph (15) —
a
for “Secretary of State makes” substitute “Welsh Ministers make”, and
b
in paragraph (a), for “Secretary of State” substitute “Welsh Ministers”.
9
1
Paragraph 6 (further provisions as to calculation and payment of billing authority’s non-domestic rating contribution) is amended as follows.
2
In sub-paragraph (2), for “Secretary of State” substitute “Welsh Ministers”.
3
Omit sub-paragraph (4).
4
In sub-paragraph (5), for “Secretary of State” substitute “Welsh Ministers”.
10
1
Paragraph 8 (interpretation of Part 3 of Schedule 8) is amended as follows.
2
In sub-paragraph (1), for the words from “any billing authority” to the end substitute
—
a
any billing authority in Wales, or
b
any major precepting authority in Wales.
3
In sub-paragraph (2) omit “78A or”.
4
Omit sub-paragraph (4).
11
1
Paragraph 9 (calculation of distributable amount) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (2) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
for “he sees” substitute “they see”.
4
In sub-paragraphs (3) and (4), for “Secretary of State” substitute “Welsh Ministers”.
12
In paragraph 9A (application of Part 3 to years where two local government finance reports prepared for Wales), in sub-paragraphs (1)(a) and (3)(a) omit “in relation to Wales”.
13
1
Paragraph 10 (requirement for local government finance report to specify basis of distribution) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State proposes” substitute “Welsh Ministers propose”.
3
In sub-paragraph (2) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
for “him” substitute “them”.
14
1
Paragraph 11 (calculation of sums payable to receiving authorities out of distributable amount) is amended as follows.
2
In sub-paragraph (1)(b), for “House of Commons” substitute “Assembly”.
3
In sub-paragraph (2), for “House of Commons” substitute “Assembly”.
4
In sub-paragraphs (3) and (4), for “Secretary of State” substitute “Welsh Ministers”.
5
In sub-paragraph (5), for “House of Commons” substitute “Assembly”.
6
In sub-paragraph (6) —
a
for “Secretary of State decides” substitute “Welsh Ministers decide”,
b
for “he” in both places substitute “they”, and
c
for “him” substitute “them”.
7
In sub-paragraph (7) —
a
for “Secretary of State informs” substitute “Welsh Ministers inform”,
b
for “his” substitute “their”, and
c
for “he” substitute “they”.
8
In sub-paragraph (8) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
for “he calculates” substitute “they calculate”.
15
1
Paragraph 12 (payment of sums to receiving authorities out of distributable amount) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (2) —
a
for “Secretary of State determines” substitute “Welsh Ministers determine”, and
b
omit “with the Treasury’s consent”.
4
In sub-paragraph (3), for “Secretary of State” substitute “Welsh Ministers”.
5
In sub-paragraph (4) —
a
for “Secretary of State determines” substitute “Welsh Ministers determine”, and
b
omit “with the Treasury’s consent”.
6
In sub-paragraphs (5) and (6), for “Secretary of State” substitute “Welsh Ministers”.
16
1
Paragraph 13 (making of amending report in relation to local government finance report) is amended as follows.
2
In sub-paragraph (1), for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (3) —
a
for “Secretary of State” substitute “Welsh Ministers”,
b
for “him” substitute “them”, and
c
for “he proposes” substitute “they propose”.
4
In sub-paragraph (4), for “House of Commons” substitute “Assembly”.
5
In sub-paragraphs (5) and (6) —
a
for “House of Commons” substitute “Assembly”, and
b
for “Secretary of State” substitute “Welsh Ministers”.
17
1
Paragraph 14 (calculation of sums payable to receiving authorities following amending report) is amended as follows.
2
In sub-paragraph (1) —
a
for “House of Commons” substitute “Assembly”, and
b
for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (2), for “Secretary of State” substitute “Welsh Ministers”.
4
In sub-paragraph (3)(b), for “House of Commons” substitute “Assembly”.
18
1
Paragraph 15 (payments following amending report) is amended as follows.
2
In sub-paragraph (2), for “Secretary of State” substitute “Welsh Ministers”.
3
In sub-paragraph (3) —
a
for “Secretary of State determines” substitute “Welsh Ministers determine”, and
b
omit “with the Treasury’s consent”.
4
In sub-paragraphs (4) and (5), for “Secretary of State” substitute “Welsh Ministers”.
Non-Domestic Rating Act 1992 (c. 46)
19
The Non-Domestic Rating Act 1992 is amended as follows.
20
1
Section 4 (which modifies Schedule 8 to the LGFA 1988, and which applies with modifications for the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994) is amended as follows.
2
In the sub-paragraph (3A) set out in subsection (1)(b) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
in paragraph (b), for “he considers” substitute “they consider”.
3
In the sub-paragraph (3B) set out in subsection (1)(b) —
a
for “Secretary of State” substitute “Welsh Ministers”, and
b
for “he thinks” substitute “they think”.
21
In section 5 (which modifies Schedule 8 to the LGFA 1988, and which applies to the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994), in the paragraph (d) set out in subsection (1)(b), for “him” in both places substitute “them”.
Consequential revocation and repeal
22
In consequence of the amendments made by this Part of this Schedule —
a
in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 ( SI 1999/672 ), in the entry for the Local Government Finance Act 1988 omit the words from “The functions of the Comptroller and Auditor General” to “before the Assembly.”, and
b
in Schedule 7 to the Local Government Act 2003 omit paragraph 26(3).
Part 2
Other amendments
LGFA 1988
23
The LGFA 1988 is amended as follows.
24
1
Section 90 (payments to and from collection funds) is amended as follows.
2
In subsection (1)(b), after “major precepting authority” insert “or the Secretary of State”.
3
In subsection (1), for paragraph (d) (and the “and” at the end of that paragraph) substitute —
d
sums received by the authority under any of the following provisions of Schedule 7B (local retention of non-domestic rates) that are of a kind specified by the Secretary of State as falling to be paid into a billing authority’s collection fund —
i
paragraph 14(2) (payments by Secretary of State following local government finance report);
ii
paragraph 14(9) or (10) (payments by Secretary of State following revised calculation);
iii
paragraph 17(7) or (8) (payments by Secretary of State following amending report),
da
sums received by the authority —
i
under provision made by regulations under paragraph 7 of Schedule 7B (regulations about administration of payments in respect of the central share),
ii
under provision made by regulations under paragraph 10 of that Schedule (administration of payments by billing authorities to major precepting authorities) by virtue of sub-paragraph (2)(e) or (f) of that paragraph (reconciliation payments),
iii
under provision made by regulations under paragraph 11 of that Schedule (regulations about payments by billing authorities to major precepting authorities out of deductions from the central share),
iv
under provision made by regulations under paragraph 33 of that Schedule (transitional protection payments),
v
under provision made by regulations under paragraph 39 or 40 of that Schedule (designation of areas or classes of hereditament) by virtue of paragraph 41 of that Schedule (payments by billing authorities to relevant authorities), or
vi
under provision made by regulations under paragraph 42 of that Schedule (payments by Secretary of State following estimates of amounts relating to designated areas or classes), and
.
4
In subsection (2)(b), after “major precepting authority” insert “or the Secretary of State”.
5
In subsection (2), for paragraph (c) substitute —
c
payments to be made by the authority under any of the following provisions of Schedule 7B that are of a kind specified by the Secretary of State as falling to be met from a billing authority’s collection fund —
i
paragraph 14(1) (payments to Secretary of State following local government finance report);
ii
paragraph 14(6) or (7) (payments to Secretary of State following revised calculation);
iii
paragraph 17(4) or (5) (payments to Secretary of State following amending report),
ca
payments made by the authority —
i
under paragraph 6, or under provision made by regulations under paragraph 7, of Schedule 7B (payments in respect of the central share),
ii
under provision made by regulations under paragraph 9 of that Schedule (payments by billing authorities to major precepting authorities),
iii
under provision made by regulations under paragraph 10 of that Schedule (administration of payments by billing authorities to major precepting authorities) by virtue of sub-paragraph (2)(e) or (f) of that paragraph (reconciliation payments),
iv
under provision made by regulations under paragraph 11 of that Schedule (regulations about payments by billing authorities to major precepting authorities out of deductions from the central share),
v
under provision made by regulations under paragraph 33 of that Schedule (transitional protection payments),
vi
under provision made by regulations under paragraph 39 or 40 of that Schedule (designation of areas or classes of hereditament) by virtue of paragraph 41 of that Schedule (payments by billing authorities to relevant authorities), or
vii
under provision made by regulations under paragraph 42 of that Schedule (payments to Secretary of State following estimates of amounts relating to designated areas or classes),
.
25
1
Section 97 (principal transfers between funds) is amended as follows.
2
After subsection (2) insert —
2A
The Secretary of State may by regulations make provision requiring a billing authority to transfer from its collection fund to its general fund such amounts as may be specified in or determined in accordance with the regulations by reference to —
a
sums received by the authority in respect of non-domestic rates under this Act, and
b
sums received by the authority under or by virtue of Schedule 7B (local retention of non-domestic rates) and required to be paid into its collection fund by virtue of provision made by or under section 90(1)(d) or (da).
2B
The Secretary of State may by regulations make provision requiring a billing authority to transfer from its general fund to its collection fund such amounts as may be specified in or determined in accordance with the regulations by reference to sums received by the authority in respect of non-domestic rates under this Act.
3
Omit subsection (4A).
26
1
Section 99 (regulations about funds) is amended as follows.
2
In subsection (1)(b), for “97(1), (3) or (4A) above” substitute “97(1) or (3) or regulations under section 97(2A) above”.
3
In subsection (1)(c), after “97(2) or (4) above” insert “or regulations under section 97(2B) above”.
4
In subsection (3) —
a
in paragraph (b)(i), for “major precepting authorities” substitute “one or more relevant authorities”,
b
in paragraph (c), for “any major precepting authorities” substitute “prescribed relevant authorities”, and
c
in each of paragraphs (d) and (f), for “major precepting authority” substitute “relevant authority”.
5
Omit subsections (3A) and (3B).
6
Before subsection (4) insert —
3C
In subsection (3) “relevant authority” means —
a
a major precepting authority, or
b
the Secretary of State.
3D
Regulations under subsection (3) may make separate provision in relation to council tax and non-domestic rates, with the effect that —
a
more than one estimate is to be made by a billing authority of whether there is a deficit or surplus in its collection fund for a financial year and, if so, of the amount of the deficit or surplus,
b
each estimate takes into account different amounts to be paid into or met from that fund, and
c
each estimate has different consequences as to the payments to be made, or other functions to be exercised, by the billing authority, major precepting authorities or the Secretary of State.
27
In section 140(2) (separate administration of Parts 3 and 4 in England and Wales) —
a
at the end of paragraph (a) insert “, and”, and
b
omit paragraphs (c) and (e).
28
1
Section 141 (payments to and from authorities) is amended as follows.
2
In subsection (5)(c), after “such as” insert “paragraph 2 of Schedule 7B or”.
3
In subsection (7), before “paragraph 5(10) and 14 of Schedule 8 below” insert “regulations under section 99(3) above, regulations made under paragraph 7 of Schedule 7B below, paragraphs 14(2) , (9) and (10) , 17(7) and (8) and 27(1) of that Schedule, regulations made under paragraph 28 of that Schedule, paragraph 30(6) of that Schedule, regulations made under paragraph 33 of that Schedule, regulations made under paragraph 42 of that Schedule,”.
4
In subsection (8), before “paragraph 5 of Schedule 8 below” insert “regulations under section 99(3) above, paragraph 6 of Schedule 7B below, regulations made under paragraph 7 of that Schedule, paragraphs 14(1) , (6) and (7) , 17(4) and (5) and 24(1) of that Schedule, regulations made under paragraph 28 of that Schedule, regulations made under paragraph 33 of that Schedule, regulations made under paragraph 42 of that Schedule,”.
29
In section 144(2) (definition of “billing authority” etc), at the end insert “; but, in the case of references to a billing authority in Part 2 of Schedule 8, this is subject to paragraph 3A of that Schedule.”
LGFA 1992
30
In Schedule 13 to the LGFA 1992 (minor and consequential amendments) omit paragraph 78(2).
Audit Commission Act 1998 (c. 18)
31
In section 28(1) of the Audit Commission Act 1998 (certification of claims, returns etc) —
a
at the end of paragraph (b) insert “or”, and
b
omit paragraph (c) and the “or” at the end of that paragraph (which provides for certification of calculations under Schedule 8 to the LGFA 1988).
Local Government Act 2003 (c. 26)
32
The Local Government Act 2003 is amended as follows.
33
In section 70 (local retention of rates) omit subsections (4) to (6).
34
In Schedule 7 (minor and consequential amendments) omit paragraph 22(a).
SCHEDULE 4
Amendments relating to council tax reduction schemes
Section 10
Part 1
Schedules to be inserted into the LGFA 1992
1
After Schedule 1 to the LGFA 1992 insert —
SCHEDULE 1A
Council tax reduction schemes: England
Section 13A
Interpretation
1
In this Schedule —
a
“scheme” means council tax reduction scheme under section 13A(2), and
b
in relation to a scheme, “the authority” means the billing authority which made the scheme or is under a duty to make it.
Matters to be included in schemes
2
1
A scheme must state the classes of person who are to be entitled to a reduction under the scheme.
2
The classes may be determined by reference to, in particular —
a
the income of any person liable to pay council tax to the authority in respect of a dwelling;
b
the capital of any such person;
c
the income and capital of any other person who is a resident of the dwelling;
d
the number of dependants of any person within paragraph (a) or (c);
e
whether the person has made an application for the reduction.
3
A scheme must set out the reduction to which persons in each class are to be entitled; and different reductions may be set out for different classes.
4
A reduction may be —
a
a discount calculated as a percentage of the amount which would be payable apart from the scheme,
b
a discount of an amount set out in the scheme or to be calculated in accordance with the scheme,
c
expressed as an amount of council tax to be paid (lower than the amount which would be payable apart from the scheme) which is set out in the scheme or is to be calculated in accordance with it, or
d
the whole amount of council tax (so that the amount payable is nil).
5
A scheme must state the procedure by which a person may apply for a reduction under the scheme.
6
A scheme must state the procedure by which a person can make an appeal under section 16 against any decision of the authority which affects —
a
the person’s entitlement to a reduction under the scheme, or
b
the amount of any reduction to which the person is entitled.
7
A scheme must state the procedure by which a person can apply to the authority for a reduction under section 13A(1)(c).
8
The Secretary of State may by regulations prescribe other requirements for schemes.
9
Regulations under sub-paragraph (8) may in particular —
a
require other matters to be included in a scheme;
b
prescribe classes of person which must or must not be included in a scheme;
c
prescribe reductions, including minimum or maximum reductions, which must be applicable to persons in prescribed classes;
d
prescribe requirements which must be met by the procedure mentioned in sub-paragraph (5) .
10
Regulations under sub-paragraph (8) may in particular set out provision to be included in a scheme that is equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the Secretary of State thinks fit.
11
Subject to compliance with regulations under sub-paragraph (8), a scheme may make provision that is equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the authority thinks fit.
12
For the purposes of sub-paragraphs (10) and (11), each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment” —
a
sections 131 to 133 of the Social Security Contributions and Benefits Act 1992 (council tax benefit);
b
sections 134 to 137 of that Act (general provisions about income-related benefits) so far as applying in relation to council tax benefit;
c
section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) so far as applying in relation to council tax benefit;
d
section 6 of that Act (regulations about council tax benefit administration);
e
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for persons taking up employment) so far as applying in relation to council tax benefit.
Preparation of a scheme
3
1
Before making a scheme, the authority must (in the following order) —
a
consult any major precepting authority which has power to issue a precept to it,
b
publish a draft scheme in such manner as it thinks fit, and
c
consult such other persons as it considers are likely to have an interest in the operation of the scheme.
2
The fact that this paragraph was not in force when any step described in sub-paragraph (1) was taken is to be disregarded in determining whether there has been compliance with that sub-paragraph.
3
Having made a scheme, the authority must publish it in such manner as the authority thinks fit.
4
The Secretary of State may make regulations about the procedure for preparing a scheme.
5
Regulations under sub-paragraph (4) may in particular —
a
require the authority to produce documents of a particular description in connection with the preparation of a scheme;
b
include requirements as to the form and content of documents produced in connection with the preparation of a scheme;
c
include requirements (in addition to sub-paragraphs (1)(b) and (3)) about the manner in which such documents must be published;
d
require the authority to make copies of such documents available for inspection by members of the public, or to supply copies of such documents to them;
e
include provision about the making of reasonable charges for the supply of copies of such documents to members of the public.
Default scheme
4
1
The Secretary of State must by regulations prescribe a scheme (“the default scheme”) for the purposes of this paragraph.
2
The first financial year to which the default scheme relates must be the year beginning with 1 April 2013 (or such other year as is specified in section 10 (4) of the Local Government Finance Act 2012).
3
The default scheme must comply with the requirements of —
a
paragraph 2 (1) to (7), and
b
any regulations under paragraph 2 (8).
4
The default scheme may in particular make provision that is equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the Secretary of State thinks fit.
5
For the purposes of sub-paragraph (4) , each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment” —
a
sections 131 to 133 of the Social Security Contributions and Benefits Act 1992 (council tax benefit);
b
sections 134 to 137 of that Act (general provisions about income-related benefits) so far as applying in relation to council tax benefit;
c
section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) so far as applying in relation to council tax benefit;
d
section 6 of that Act (regulations about council tax benefit administration);
e
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for persons taking up employment) so far as applying in relation to council tax benefit.
6
The default scheme is to take effect, in respect of dwellings situated in the area of a billing authority, if the authority fails to make a scheme on or before 31 January 2013 (or such other date as is specified in section 10(4) of the Local Government Finance Act 2012).
7
If the default scheme takes effect in the area of a billing authority, this Part applies to the default scheme as if it had been made by the authority.
Revisions to and replacement of scheme
5
1
For each financial year, each billing authority must consider whether to revise its scheme or to replace it with another scheme.
2
The authority must make any revision to its scheme, or any replacement scheme, no later than 31 January in the financial year preceding that for which the revision or replacement scheme is to have effect.
3
The Secretary of State may by order amend sub-paragraph (2) by substituting a different date.
4
If any revision to a scheme, or any replacement scheme, has the effect of reducing or removing a reduction to which any class of persons is entitled, the revision or replacement must include such transitional provision relating to that reduction or removal as the authority thinks fit.
5
Paragraph 3 applies to an authority when revising a scheme as it applies to an authority when making a scheme.
6
References in this Part to a scheme include a replacement scheme.
Arrangements to deal with shortfall in council tax receipts
6
1
In this paragraph “scheme authority” means, in relation to a scheme and a year —
a
the billing authority which made the scheme, and
b
any major precepting authority with power to issue a precept to that billing authority in relation to that year.
2
Two or more scheme authorities may make arrangements which are to have effect if, as a result of the operation of the scheme —
a
there is a deficit in the billing authority’s collection fund for that year, or
b
the billing authority estimates that there will be such a deficit.
3
Arrangements under this paragraph may include —
a
the making of payments by one scheme authority to another scheme authority;
b
the variation of any payment or instalment of a payment which is required to be made under regulations under section 99 of the 1988 Act (regulations about funds) that make provision in relation to council tax.
Provision of information to the Secretary of State
7
1
The Secretary of State may serve on a billing authority in England a notice requiring it to supply to the Secretary of State such information as is specified in the notice and required by the Secretary of State for the purpose of exercising, or of deciding whether to exercise, any function relating to schemes.
2
The authority must supply the information required if it is in its possession or control, and must do so in such form and manner and at such time as the Secretary of State specifies in the notice.
3
If an authority fails to comply with sub-paragraph (2), the Secretary of State may exercise the function on the basis of such assumptions and estimates as the Secretary of State thinks fit.
4
In exercising, or deciding whether to exercise, any function relating to schemes, the Secretary of State may also take into account any other available information, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.
Guidance
8
In exercising any function relating to schemes, a billing authority must have regard to any guidance issued by the Secretary of State.
Transitional provision
9
1
The Secretary of State may by regulations make such transitional provision regarding the commencement of schemes as the Secretary of State thinks fit.
2
Such provision may include, in particular, provision for and in connection with treating a person who is or was in receipt of council tax benefit, or who makes or has made a claim for that benefit, as having made an application for a reduction under a scheme.
SCHEDULE 1B
Council tax reduction schemes: Wales
Section 13A
Interpretation
1
In this Schedule —
a
“the regulations” means regulations under section 13A (4) ;
b
“scheme” means council tax reduction scheme under the regulations;
c
“specified” means specified in the regulations;
d
“specified authority” means a person or body required by the regulations to make a scheme (and, in relation to a particular scheme, means the authority which made the scheme or is under a duty to make it).
Application of schemes
2
1
The regulations may —
a
prescribe, for each scheme that is to be made, the dwellings to which that scheme is to apply;
b
require each scheme to state the dwellings to which it is to apply.
2
The regulations may prescribe —
a
the date by which each scheme is to be made, and
b
the first financial year to which it must relate.
Persons entitled to reductions
3
1
The regulations may prescribe —
a
classes of person who are to be entitled to a reduction under schemes;
b
classes of person who must not be entitled to a reduction under schemes.
2
The regulations may —
a
allow specified authorities to determine (subject to regulations under sub-paragraph (1)) classes of person who are to be entitled to a reduction under schemes, or
b
provide that specified authorities may not determine such classes.
3
The regulations may require each scheme to state the classes of person (prescribed under sub-paragraph (1)(a) or determined under sub-paragraph (2)(a)) who are to be entitled to a reduction under the scheme.
4
Any class of person prescribed under sub-paragraph (1)(a) may be determined by reference to, in particular, the matters listed in sub-paragraph (7).
5
The regulations may require any class of person determined under sub-paragraph (2)(a) to be determined by reference to specified matters (which may include those listed in sub-paragraph (7)).
6
If the regulations do not require a class of person to be determined as mentioned in sub-paragraph (5), the specified authority may determine that class by reference to, in particular, the matters listed in sub-paragraph (7).
7
Those matters are —
a
whether the Welsh Ministers consider, or the specified authority considers, any person to be in financial need;
b
the income of any person liable to pay council tax in respect of any dwelling to which a scheme is to apply;
c
the capital of any such person;
d
whether any such person is in receipt of any specified benefit;
e
the income and capital of any other person who is a resident of the dwelling, or whether any such person is in receipt of any specified benefit;
f
the number of dependants of any person within paragraph (b) or (e);
g
whether the person has made an application for the reduction.
Reductions
4
1
The regulations may prescribe reductions, including minimum and maximum reductions, to which persons in each class (whether prescribed under paragraph 3(1)(a) or determined under paragraph 3(2)(a)) are to be entitled under schemes.
2
The regulations may —
a
allow specified authorities to determine (subject to regulations under sub-paragraph (1)) reductions to which persons in each class set out in the scheme are to be entitled, or
b
provide that specified authorities may not determine such reductions.
3
The regulations may require each scheme to set out the reductions (whether prescribed under sub-paragraph (1) or determined under sub-paragraph (2)(a)) to which persons in each class set out in the scheme are to be entitled.
4
Different reductions may be set out for different classes.
5
A reduction under a scheme may be —
a
a discount calculated as a percentage of the amount which would be payable apart from the scheme,
b
a discount of an amount set out in the scheme or to be calculated in accordance with the scheme,
c
expressed as an amount of council tax to be paid (lower than the amount which would be payable apart from the scheme) which is set out in the scheme or is to be calculated in accordance with it, or
d
the whole amount of council tax (so that the amount payable is nil).
Other matters
5
1
The regulations may require each scheme to state —
a
the procedure by which a person may apply for a reduction under the scheme;
b
the procedure by which a person can make an appeal under section 16 against any decision which affects the person’s entitlement to a reduction under the scheme or the amount of any reduction to which the person is entitled;
c
the procedure by which a person can apply to the relevant billing authority for a reduction under section 13A(1)(c).
2
In sub-paragraph (1)(c), the relevant billing authority for any dwelling to which the scheme applies is the billing authority in whose area the dwelling is situated.
3
The regulations may prescribe requirements which must be met by the procedure mentioned in sub-paragraph (1)(a) or (b).
6
1
The regulations may —
a
require other matters to be included in schemes;
b
allow schemes to make provision that is equivalent to provision made by a relevant enactment, or provision that is capable of being made under a relevant enactment, with such modifications as specified authorities think fit;
c
prescribe the procedure which a specified authority must follow when making a scheme (including requirements regarding consultation and other steps to be taken before and after making the scheme);
d
require or allow functions conferred by the regulations to be exercised by specified authorities jointly with other authorities;
e
prescribe a default scheme which is to take effect, if a specified authority fails to make a scheme in accordance with the regulations, in respect of dwellings to which that scheme would have applied;
f
impose requirements on specified authorities relating to the review, revision or replacement of schemes;
g
enable specified authorities to make reasonable charges for the supply of copies of documents relating to schemes;
h
require specified authorities to provide to the Welsh Ministers information about schemes.
2
In particular, the regulations may under sub-paragraph (1)(a) set out provision to be included in schemes, and a default scheme prescribed under sub-paragraph (1)(e) may make provision, that is equivalent to —
a
provision made by a relevant enactment, or
b
provision that is capable of being made under a relevant enactment,
with such modifications as the Welsh Ministers think fit.
3
For the purposes of sub-paragraphs (1)(b) and (2) , each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment” —
a
sections 131 to 133 of the Social Security Contributions and Benefits Act 1992 (council tax benefit);
b
sections 134 to 137 of that Act (general provisions about income-related benefits) so far as applying in relation to council tax benefit;
c
section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) so far as applying in relation to council tax benefit;
d
section 6 of that Act (regulations about council tax benefit administration);
e
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for persons taking up employment) so far as applying in relation to council tax benefit.
Transitional provision
7
1
The regulations may make such transitional provision regarding the commencement of schemes as the Welsh Ministers think fit.
2
Such provision may include, in particular, provision for and in connection with treating a person who is or was in receipt of council tax benefit, or who makes or has made a claim for that benefit, as having made an application for a reduction under a scheme.
Guidance
8
In exercising any function relating to schemes, a specified authority must have regard to any guidance issued by the Welsh Ministers.
Part 2
Other amendments
LGFA 1988
2
In Part 1 of Schedule 11 to the LGFA 1988 (the Valuation Tribunal for England), after paragraph A18 insert —
Power for member of First-tier Tribunal to act as member of the Tribunal
A18A
1
A member of the First-tier Tribunal (an “FTT member”) may act as a member of the Valuation Tribunal for England.
2
An FTT member may only act as a member of the Tribunal —
a
at the request of the President and with the approval of the Senior President of Tribunals,
b
in relation to an appeal that relates, in whole or in part, to a council tax reduction scheme made or having effect as if made by a billing authority in England, and
c
if the FTT member is not disqualified from being, or acting as, a member of the Tribunal.
3
A request under sub-paragraph (2)(a) —
a
may relate to a particular appeal or to appeals of a particular kind,
b
may be made only if the President thinks that FTT members are likely to have particular expertise that is relevant to the determination of the appeal, or to appeals of the kind, to which it relates.
4
An approval under sub-paragraph (2)(a) may relate to a particular appeal or to appeals of a particular kind.
5
The President may withdraw a request at any time; and an FTT member acting as a Tribunal member in response to a request must cease to do so if it is withdrawn.
6
References in this Schedule and in regulations made under paragraph A19 to a member of the Tribunal include an FTT member acting as a member of the Tribunal.
7
But sub-paragraph (6) does not apply —
a
to paragraph A7, A8, A9, A10 or A12 (which make provision about the appointment and removal of, numbers of, and payments to, members of the Tribunal);
b
to regulations under paragraph A19, if and to extent that the regulations provide that it does not apply.
8
The Valuation Tribunal Service may make payments to the Lord Chancellor in respect of the expenditure incurred by the Lord Chancellor in paying remuneration, allowances or expenses to an FTT member whilst acting as a member of the Tribunal.
9
In this paragraph —
a
references to an appeal include a review by the Tribunal of a decision made by it on an appeal,
b
“council tax reduction scheme” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (see section 13A(9) of that Act).
LGFA 1992
3
The LGFA 1992 is amended as follows.
4
In section 10(1) (basic amount payable), for “13” substitute “13A”.
5
1
Section 66 (matters to be questioned only by judicial review) is amended as follows.
2
After subsection (2)(b) insert —
ba
a council tax reduction scheme, or any revision of such a scheme;
.
3
In subsection (3), for “(b) to (e)” substitute “(b) or (c) to (e)”.
6
In section 67 (functions to be discharged only by authority), after subsection (2)(a) insert —
aa
making or revising a council tax reduction scheme under section 13A(2);
.
7
1
In Schedule 2 (administration), paragraph 21 (application of Schedule to cases where section 13A applies) is amended as follows.
2
For sub-paragraph (1) substitute —
1
This paragraph applies where —
a
a billing authority in England or a specified authority (within the meaning of Schedule 1B) in Wales makes a council tax reduction scheme, or
b
a billing authority exercises the power under section 13A(1)(c) by determining a class of case in which liability is to be reduced.
3
In sub-paragraphs (2) and (3), after “Where” insert “the scheme or”.
Local Government Act 2003 (c. 26)
8
The Local Government Act 2003 is amended as follows.
9
Omit section 76 (insertion of section 13A of the LGFA 1992).
10
In section 105(2)(aa) (functions of the Valuation Tribunal Service: payments to members of the Valuation Tribunal for England), after “A14” insert “or A18A(8)”. |
The Statistics and Registration Service Act 2007 (Disclosure of Social Security and Revenue Information) Regulations 2012
In accordance with section 65(5)(b) of that Act a draft of these Regulations has been approved by resolution of each House of Parliament.
Citation and Commencement
1
These Regulations may be cited as the Statistics and Registration Service Act 2007 (Disclosure of Social Security and Revenue Information) Regulations 2012 and come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“the 2005 Act ” means the Commissioners for Revenue and Customs Act 2005 ;
“the 2007 Act ” means the Statistics and Registration Service Act 2007;
“benefit” means a benefit within the meaning given in section 1(4) of the Social Security Administration Act 1992 ;
“ Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs appointed under section 1 of the 2005 Act;
“revenue payment” means a payment of child benefit, child tax credit, national insurance contributions, or a working tax credit made or received in connection with the Commissioners’ functions as set out in sections 5 to 7 of, and Schedule 1 to, the 2005 Act;
“unique individual identifier” means the number which —
is assigned to an individual by the Secretary of State or the Commissioners; and
does not, without additional information, identify the individual.
Disclosure of social security and revenue information
3
The Secretary of State may disclose the following information to the Statistics Board —
a
the information set out in paragraphs (a) to (f) of regulation 5 in respect of an individual who received a benefit on or after 1st January 2001 and the information set out in paragraphs (h) to (j) of regulation 5 held in connection with that information; and
b
the information set out in paragraphs (a) to (d) of regulation 5 received by the Secretary of State on or after 1st January 2001 in respect of an individual who has received assistance to select, train for, obtain and retain employment in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 .
4
The Commissioners may disclose to the Statistics Board the information set out in paragraphs (a) to (d) and (g) of regulation 5 in respect of an individual who made or received a revenue payment on or after 1st January 2001 and the information set out in paragraphs (h) to (j) of regulation 5 held in connection with that information.
5
The information referred to in regulations 3 and 4 is —
a
the individual’s —
i
surname, and any former surname;
ii
first name;
iii
middle name or, if more than one, each middle name;
iv
date of birth;
v
date of death, if applicable;
vi
gender; and
vii
unique individual identifier;
b
if the individual is, or was, married or formed a civil partnership on or after 1st January 2001, that information;
c
in relation to each address in the United Kingdom at which the individual resides, or has resided, on or after 1st January 2001 —
i
the individual’s full address including postcode; and
ii
the start and end dates for the period the individual is recorded as resident at that address;
d
if the individual is, or was, resident outside the United Kingdom on or after 1st January 2001, that information, and the start and end dates for the period the individual is recorded as resident outside the United Kingdom;
e
in relation to each benefit the individual has received —
i
the type of benefit received; and
ii
the dates the individual started and ceased to receive that benefit;
f
in relation to any benefit the individual would have been entitled to but for receipt of a different type of benefit referred to in paragraph (e) —
i
the other type of benefit the individual would have been entitled to; and
ii
the dates the individual’s entitlement to that other benefit would have started and ceased;
g
in relation to each revenue payment made or received by the individual —
i
the type of revenue payment; and
ii
the dates that revenue payment started and ceased;
h
where the individual’s entitlement to, or the amount of, any type of benefit or revenue payment is, or was, dependent upon a relationship with another individual, that other individual’s —
i
surname, and any former surname;
ii
first name;
iii
middle name or, if more than one, each middle name;
iv
date of birth;
v
date of death, if applicable;
vi
gender;
vii
unique individual identifier; and
viii
full address including postcode for each address in the United Kingdom at which the other individual resides, or has resided, on or after 1st January 2001;
i
the nature of the relationship between the individual entitled to the type of benefit or revenue payment and the other individual referred to in paragraph (h); and
j
the dates the dependency on the other individual referred to in paragraph (h) for the individual’s entitlement to, or amount of, the type of benefit or revenue payment started and ceased.
Purposes for which disclosure is authorised
6
Information disclosed under regulations 3 to 5 may only be used by the Statistics Board for the following statistical purposes —
a
the production of population statistics under section 20 (production of statistics) of the 2007 Act; and
b
the assessment of census returns under the Census Act 1920 .
Further disclosure of personal information by the Statistics Board
7
1
In the application of section 39 (confidentiality of personal information) of the 2007 Act to personal information which is disclosed to the Statistics Board under regulations 3 to 5, subsection (4)(c) of that section applies to the extent that the Statistics Board may disclose such personal information to the persons specified in regulation 8.
2
Information may only be disclosed under paragraph (1) for the purpose of enabling or assisting the Statistics Board to produce population statistics under section 20 (production of statistics) of the 2007 Act.
8
The persons referred to in regulation 7(1) are —
a
the National Records of Scotland but only in respect of individuals whose place of residence is, or was at any time on or after 1st January 2001, Scotland; and
b
the Northern Ireland Statistics and Research Agency but only in respect of individuals whose place of residence is, or was at any time on or after 1st January 2001, Northern Ireland.
Francis Maude
Minister for the Cabinet Office
I consent
Iain Duncan Smith
Secretary of State for Work and Pensions
We consent
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
17th May 2012 |
The Trafford Healthcare National Health Service Trust (Dissolution) Order 2012
The Secretary of State for Health makes this Order on the application of the Trafford Healthcare National Health Service Trust following the completion of the consultation prescribed under section 25(3) of, and paragraph 28(3) of Schedule 4 to, the National Health Service Act 2006 .
Citation and commencement
1
This Order may be cited as the Trafford Healthcare National Health Service Trust (Dissolution) Order 2012 and comes into force on 1st April 2012.
Dissolution of NHS trust
2
1
The Trafford Healthcare National Health Service Trust is dissolved.
2
The Trafford Healthcare National Health Service Trust (Establishment) Order 1994 is revoked.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
12th March 2012 |
The Benefit Cap (Housing Benefit) Regulations 2012
In accordance with section 176(1) of the Social Security Administration Act 1992 , the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement
1
These Regulations may be cited as the Benefit Cap (Housing Benefit) Regulations 2012 and come into force on 15th April 2013.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “employed earner” insert —
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;
; and
b
after the definition of “Jobseekers Act” insert —
“jobseeker’s allowance” means a jobseeker’s allowance within the meaning of Part 1 of the Jobseekers Act;
.
3
After regulation 72D (relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement) insert —
Calculation of an extended payment where the benefit cap applies
72E
Where a claimant’s housing benefit in the benefit week with respect to which the extended payment is to be calculated is reduced in accordance with regulation 75D, the extended payment must be calculated using the amount of housing benefit before any such reduction is made.
.
4
After regulation 73D (relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement) insert —
Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies
73E
Where a claimant’s housing benefit in the benefit week with respect to which the extended payment (qualifying contributory benefits) is to be calculated is reduced in accordance with regulation 75D, the extended payment (qualifying contributory benefits) must be calculated using the amount of housing benefit before any such reduction is made.
.
5
After Part 8 (amount of benefit) insert —
PART 8A Benefit cap
Circumstances in which a benefit cap will apply
75A
Unless regulation 75E or 75F applies, a benefit cap applies where the relevant authority makes a determination that during the reference period the total amount of welfare benefits to which —
a
where the claimant is a member of a couple, each member of the couple is or jointly are entitled; or
b
in any other case, the claimant is entitled,
exceeds the relevant amount.
Determination of whether a benefit cap applies
75B
The relevant authority need not determine whether the benefit cap applies, or whether to change the amount of any reduction made in accordance with regulation 75D, unless it receives notification from the Secretary of State that the benefit cap may apply or that there has been a change in the amount of a welfare benefit to which the claimant is entitled (but nothing shall prevent the relevant authority making a determination as to whether the benefit cap applies, or the amount of any reduction, if it has information or evidence suggesting that it should do so).
Manner of calculating the amount of welfare benefits
75C
1
When calculating the total amount of welfare benefits, the relevant authority must use the amount of a welfare benefit to which a person is entitled unless paragraph (2), (3) or (4) applies.
2
Where the welfare benefit is housing benefit, the relevant authority must not take account of any reduction under regulation 75D and must use the amount to which the claimant would be entitled by virtue of section 130 of the Act.
3
Where the welfare benefit is an employment and support allowance, the relevant authority must disregard that benefit where a person is disqualified for receiving it by virtue of section 18 of the Welfare Reform Act.
4
Where an amount of a welfare benefit other than jobseeker’s allowance or employment and support allowance is taken into account as income in accordance with Part 6 (income and capital), or would be so taken into account if the relevant authority were required to calculate the claimant’s income, the relevant authority must use that amount.
5
The amount of a welfare benefit for the purpose of paragraph (4) includes any amount of that benefit which would have been payable but for any loss of benefit under, or by virtue of, section 6B, 7 or 9 of the Social Security Fraud Act 2001 .
Reduction of housing benefit
75D
1
Subject to paragraph (2), where the benefit cap applies, the relevant authority must reduce the amount of housing benefit to which the claimant is entitled by virtue of section 130 of the Act by the amount by which the total amount of welfare benefits exceeds the relevant amount.
2
Where the reduction would reduce the claimant’s housing benefit to less than the minimum amount of housing benefit provided for in regulation 75 (minimum housing benefit) , the relevant authority must reduce the claimant’s housing benefit by such amount as will leave the claimant entitled to that minimum amount.
Exception to the benefit cap: current or recent work
75E
1
The benefit cap does not apply where paragraph (2) applies or during the period specified in paragraph (3).
2
This paragraph applies where the claimant is, or the claimant and the claimant’s partner are jointly, entitled to working tax credit.
3
The specified period is, where paragraph (4) applies, the consecutive period of 39 consecutive weeks starting on the day specified in paragraph (5).
4
This paragraph applies where the relevant authority is satisfied that, for at least 50 weeks out of the 52 weeks immediately preceding their last day of work, the claimant or the claimant’s partner (“P”) —
a
was employed or engaged in work for payment, or in the expectation of payment; and
b
was not entitled to income support, a jobseeker’s allowance or an employment and support allowance,
and, for the purposes of sub-paragraph (a), P is employed or engaged in work for any day on which P is on maternity leave, paternity leave or adoption leave or is in receipt of statutory sick pay.
5
The specified day is the day after the last day on which P was employed or engaged in the work referred to in paragraph (4).
Exception to the benefit cap: receipt of specified benefit
75F
1
The benefit cap does not apply where —
a
the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;
b
the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;
c
the claimant or the claimant’s partner is receiving an attendance allowance;
d
the claimant or the claimant’s partner is receiving a war pension;
e
the claimant , the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;
f
the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c), (d) or (e) but —
i
that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations 1991 ;
ii
it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution) ;
iii
that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991 ;
2
In this regulation “war pension” has the meaning in regulation 2 (interpretation) and includes —
a
a guaranteed income payment;
b
a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
c
a payment which is made under any of —
i
the Order in Council of 19th December 1881;
ii
the Royal Warrant of 27th October 1884;
iii
the Order by His Majesty of 14th January 1922,
to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973
d
a pension paid by the government of a country outside Great Britain which is analogous to a war pension or any of the pensions or payments mentioned in sub-paragraphs (a) to (c).
Interpretation
75G
For the purposes of section 96 of the Welfare Reform Act 2012 and this Part —
“couple” has the meaning in regulation 2 unless the claimant is a member of a polygamous marriage, in which case it means the claimant and the member of the polygamous marriage to whom the claimant was first married and references to the claimant’s partner are to that member of that marriage;
“reference period” means a benefit week;
“relevant amount” is —
for a single claimant, £350; and
for all other claimants, £500;
“welfare benefit” means —
bereavement allowance;
carer’s allowance;
child benefit;
child tax credit;
an employment and support allowance;
guardian’s allowance;
housing benefit;
incapacity benefit;
income support;
a jobseeker’s allowance;
maternity allowance;
severe disablement allowance;
widowed mother’s allowance ;
widowed parent’s allowance;
widow’s pension.
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
3
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 4 (revision of decisions) after paragraph (7F) insert —
7H
Where a relevant authority has reduced housing benefit as a consequence of regulation 75D of the Housing Benefit Regulations, that decision may be revised at any time.
.
3
In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (q) insert —
r
which as a consequence of regulation 75D of the Housing Benefit Regulations reduces housing benefit to apply the benefit cap or increases or decreases such a reduction (including a decrease to nil).
.
4
In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14E) insert —
14F
Where a decision is superseded in accordance with regulation 7(2)(r), the superseding decision shall take effect —
a
on the date the superseding decision is made where the decision results in the application of the benefit cap or an increase in a reduction; and
b
where the decision results in the benefit cap ceasing to apply or a decrease in a reduction, on the date from which the welfare benefit (within the meaning of regulation 75G of the Housing Benefit Regulations) is reduced.
.
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th November 2012 |
The General Medical Council (Constitution) (Amendment) Order 2012
Their Lordships make the following Order in exercise of the powers conferred by section 1(2) of, and paragraph 1B of Schedule 1 to, the Medical Act 1983 :
Citation, commencement and interpretation
1
1
This Order may be cited as the General Medical Council (Constitution) (Amendment) Order 2012.
2
This Order comes into force on 1st January 2013.
3
In this Order, “the Constitution Order ” means the General Medical Council (Constitution) Order 2008 .
Amendment of the Constitution Order
2
1
The Constitution Order is amended as follows.
2
In article 2, in both places where it occurs, for “12” substitute “6”.
3
For article 8 substitute —
Appointment, term of office and cessation of office of the chair
8
1
The Privy Council must, as one of its functions relating to the appointment of members of the General Council, appoint the chair of the General Council.
2
The Privy Council may appoint a person to be the chair of the General Council (“the appointee”) —
a
when it appoints that person to be a member of the General Council; or
b
whom it has already appointed as a member of the General Council.
3
The Privy Council must, upon making the appointment, determine the term of the appointee’s office as chair and that term cannot last beyond the date on which the appointee’s term of office as a member of the General Council is due to expire (irrespective of whether or not the appointee is thereafter reappointed as a member of the General Council).
4
An appointee ceases to be chair upon —
a
ceasing to be a member of the General Council;
b
resigning as chair, which the appointee may do at any time by a notice in writing to the General Council;
c
suspension of the appointee’s membership of the General Council by the Privy Council; or
d
a vote to terminate the appointee’s appointment as chair by a majority of all the other members of the General Council.
4
In article 11, for “14” substitute “7”.
Richard Tilbrook
Clerk of the Privy Council |
The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2012
The Secretary of State, in exercise of the powers conferred by sections 133(1) and 193 of the Licensing Act 2003 , makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Licensing Act 2003 (Personal licences) (Amendment) Regulations 2012 and shall come into force on 25th April 2012.
Personal licences: forms
2
For the form in Schedule 1 to the Licensing Act 2003 (Personal licences) Regulations 2005 (“the 2005 Regulations ”), substitute the form in Schedule 1 to these Regulations.
3
For the form in Schedule 2 to the 2005 Regulations, substitute the form in Schedule 2 to these Regulations.
4
For the form in Schedule 3 to the 2005 Regulations, substitute the form in Schedule 3 to these Regulations.
Lord Henley
Minister of State
Home Office
24th March 2012
SCHEDULE 1
Regulation 2
SCHEDULE 2
Regulation 3
SCHEDULE 3
Regulation 4 |
The Police (Complaints and Misconduct) Regulations 2012
In accordance with section 63(3)(b) of the Police Act 1996 , the Secretary of State supplied a draft of these Regulations to the Police Advisory Board of England and Wales and has taken into consideration their representations before making these Regulations.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Complaints and Misconduct) Regulations 2012 and come into force on 22 November 2012.
2
In these Regulations —
“the 2002 Act ” means the Police Reform Act 2002;
“the 2011 Act ” means the Police Reform and Social Responsibility Act 2011 ;
“acting chief officer” means —
a person exercising or performing functions of a chief constable in accordance with section 41 of the 2011 Act;
a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of the 2011 Act; or
a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839 ;
“appropriate authority” —
in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means —
if that person is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and
if he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; and
in relation to a death or serious injury ( DSI ) matter, means —
if the relevant officer is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and
if he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;
“ the Commission ” means the Independent Police Complaints Commission;
“the Conduct Regulations ” means the Police (Conduct) Regulations 2008 ;
“direction and control matter” has the same meaning as in paragraph 29 of Schedule 3 to the 2002 Act;
“disciplinary proceedings” —
in relation to a member of a police force or a special constable means —
disciplinary proceedings within the meaning of the Conduct Regulations; and
unsatisfactory performance procedures within the meaning of the Performance Regulations ; and
in relation to a person serving with the police who is not a member of a police force or a special constable, means —
misconduct proceedings; and
any proceedings or management process during which the performance of such a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it,
but this definition does not apply in relation to regulation 36, which defines disciplinary proceedings for the purposes of Part 2 of the 2002 Act;
“investigator” means a person appointed or designated to investigate under paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations);
“misconduct hearing” has the same meaning as in the Conduct Regulations;
“misconduct meeting” has the same meaning as in the Conduct Regulations;
“misconduct proceedings” —
in relation to a member of a police force or a special constable, means a misconduct meeting or misconduct hearing; and
in relation to a person serving with the police who is not a member of a police force or a special constable, means any proceedings or management process during which the conduct (as opposed to the performance) of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct;
“the Performance Regulations” means the Police (Performance) Regulations 2008 ;
“police friend” means a person chosen by the person concerned in accordance with regulation 17;
“police officer” means a member of a police force or special constable;
“police staff member” means —
a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of section 102(4) and (6) of the 2011 Act; or
an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;
“a relevant offence” means —
an offence for which the sentence is fixed by law, or
an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates’ Courts Act 1980 );
“senior officer” means a member of a police force holding a rank above that of chief superintendent;
“Standards of Professional Behaviour” has the same meaning as in the Conduct Regulations;
“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.
Revocation and transitional provisions
2
1
Subject to the following provisions of this regulation, the following Regulations are revoked —
a
the Police (Complaints and Misconduct) Regulations 2004 ;
b
the Police (Complaints and Misconduct) (Amendment) Regulations 2006 ;
c
the Police (Complaints and Misconduct) (Amendment) Regulations 2008 ; and
d
the Police (Complaints and Misconduct) (Amendment: Metropolitan Police) Regulations 2011 .
2
Where a complaint, conduct matter or DSI matter came to the attention of an appropriate authority before 22 November 2012, nothing in these Regulations shall apply and the Police (Complaints and Misconduct) Regulations 2004 shall continue to have effect with the modifications in paragraph (3).
3
In regulation 1(2) of the Police (Complaints and Misconduct) Regulations 2004 —
a
for the definition of “appropriate authority” substitute the definition in regulation 1(2) of these Regulations;
b
in paragraph (a) of the definition of “police authority”, for “police authority established under section 3 of that Act” substitute “police and crime commissioner”;
c
in paragraph (b) of the definition of “police staff member”, for “the Metropolitan Police Force (within the meaning of section 102(6) of the Police Reform and Social Responsibility Act 2011)” substitute “a police force, including the Metropolitan Police Force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011”.
4
Where, as a result of the coming into force of paragraph (3), a chief officer replaces the police authority as the appropriate authority in relation to any complaint, conduct matter or DSI matter, the Police (Complaints and Misconduct) Regulations 2004 shall have effect as if anything done, or treated as done, by or in relation to the police authority in its capacity as appropriate authority had been done by or in relation to the chief officer.
Recording of complaints
3
1
For the purposes of paragraph 2(8) of Schedule 3 to the 2002 Act (descriptions of complaint not required to be recorded) the complaints set out in paragraph (2) are hereby specified.
2
Those complaints are complaints in the case of which the appropriate authority considers that —
a
the matter is already the subject of a complaint made by or on behalf of the same complainant;
b
the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;
c
the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;
d
the complaint is repetitious; or
e
the complaint is fanciful.
3
For the purposes of paragraph (2)(d) a complaint is repetitious if, and only if —
a
it concerns substantially the same conduct as a previous conduct matter or it is substantially the same as a previous complaint made by or on behalf of the same complainant;
b
it contains no fresh allegations which significantly affect the account of the conduct complained of;
c
no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
d
as respects the previous complaint or conduct matter, either —
i
the complaint was locally resolved in accordance with the provisions of paragraph 8 of Schedule 3 to the 2002 Act;
ii
the complaint was handled otherwise than in accordance with Schedule 3 to the 2002 Act or no action was taken in relation to it, in accordance with paragraph 7 of that Schedule (disapplication of requirements of Schedule);
iii
the Commission gave the appropriate authority a direction under regulation 10(10)(b) of these Regulations or regulation 7(7)(b) of the Police (Complaints and Misconduct) Regulations 2004 (power of the Commission to discontinue an investigation);
iv
the appropriate authority disapplied the requirements of Schedule 3 to the 2002 Act in accordance with regulation 10(12)(b);
v
the complainant gave such notification as is mentioned in regulation 21(1) of these Regulations or regulation 15(1) of the Police (Complaints and Misconduct) Regulations 2004 (withdrawn complaints); or
vi
the requirements of paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (determination by the appropriate authority of what action to take) were complied with.
4
For the purposes of paragraph (2)(e) a complaint is fanciful if, and only if, no reasonable person could lend any credence to it.
Reference of complaints to the Commission
4
1
For the purposes of paragraph 4(1)(b) of Schedule 3 to the 2002 Act (reference to the Commission of any complaint of a specified description), the complaints set out in paragraph (2) are hereby specified.
2
Those complaints are —
a
any complaints not falling within paragraph 4(1)(a) of that Schedule but alleging conduct which constitutes —
i
a serious assault, as defined in guidance issued by the Commission;
ii
a serious sexual offence, as defined in guidance issued by the Commission;
iii
serious corruption, as defined in guidance issued by the Commission;
iv
a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
v
a relevant offence, or
b
complaints which arise from the same incident as one in which any conduct falling within sub-paragraph (a) or within paragraph 4(1)(a) of Schedule 3 to the 2002 Act is alleged.
3
Where a complaint is required to be referred to the Commission under sub-paragraph (1)(a) or (b) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission —
a
without delay and in any event not later than the end of the day following the day on which it first becomes clear to the appropriate authority that the complaint is one to which that sub-paragraph applies, and
b
in such manner as the Commission specifies.
4
Where a complaint is required to be referred to the Commission under sub-paragraph (1)(c) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission —
a
without delay and in any event not later than the end of the day following the day on which the Commission notifies the appropriate authority that the complaint is to be referred, and
b
in such manner as the Commission specifies.
Disapplication of requirements of Schedule 3
5
1
For the purposes of paragraph 7 of Schedule 3 to the 2002 Act (disapplication of requirements of Schedule 3) the complaints set out in paragraph (2) are hereby specified.
2
Those complaints are complaints where the appropriate authority considers that —
a
more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
b
the matter is already the subject of a complaint made by or on behalf of the same complainant;
c
the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;
d
the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;
e
the complaint is repetitious, as defined in regulation 3(3); or
f
it is not reasonably practicable to complete the investigation of the complaint or any other procedures under Schedule 3 to the 2002 Act.
3
For the purposes of paragraph (2)(f) it is not reasonably practicable to complete the investigation of a complaint or any other procedures under Schedule 3 to the 2002 Act if, and only if —
a
it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
b
it is not reasonably practicable to complete a satisfactory investigation in consequence of —
i
a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
ii
the lapse of time since the event or events forming the subject-matter of the complaint.
4
In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
5
Before deciding to handle a complaint in whatever manner (if any) it thinks fit in accordance with paragraph 7(1) of Schedule 3 to the 2002 Act, an appropriate authority shall —
a
write to the complainant at his last known address —
i
inviting him to make representations in relation to the matter, and
ii
allowing him a period of 28 days, commencing on the day after the date of the letter, to do so; and
b
have regard to any representations made by the complainant.
6
An application under paragraph 7(1A) of Schedule 3 to the 2002 Act for permission to handle a complaint in whatever manner (if any) an appropriate authority thinks fit shall be in writing and shall be accompanied by —
a
a copy of the complaint;
b
an explanation of the appropriate authority’s reasons for making the application;
c
copies of any other documents or material in the possession of the appropriate authority which are relevant to the complaint.
7
The appropriate authority shall supply any further information requested by the Commission for the purpose of considering an application by that authority made under paragraph 7(1A) of Schedule 3 to the 2002 Act.
Local resolution of complaints
6
1
The procedures that are to be available for dealing with a complaint which is to be subjected to local resolution are, subject to the provisions of this regulation, any procedures which are approved by the Commission.
2
Where it appears to the appointed person that the complaint had in fact already been satisfactorily dealt with at the time it was brought to his notice, he may, subject to any representation by the complainant, treat it as having been locally resolved.
3
The appointed person shall as soon as practicable give the complainant and the person complained against an opportunity to comment on the complaint.
4
The appointed person shall not, for the purpose of locally resolving a complaint, tender on behalf of the person complained against an apology for his conduct unless the person complained against has agreed to the apology.
5
Where a complaint has been dealt with by way of local resolution, a record shall be made as soon as practicable of the outcome of the procedure and a copy of the record sent to the complainant and the person complained against.
6
At the time of sending a copy of the record of outcome to the complainant under paragraph (5), the appropriate authority shall notify the complainant in writing of his right of appeal against that outcome under paragraph 8A of Schedule 3 to the 2002 Act (appeals relating to complaints dealt with other than by investigation), unless sub-paragraph (2) of that paragraph applies.
7
In this regulation, “the appointed person” means a person appointed under paragraph 8(1) of Schedule 3 to the 2002 Act to secure the local resolution of a complaint.
Recording and reference of conduct matters
7
1
For the purposes of paragraph 11(2)(c) of Schedule 3 to the 2002 Act (recording etc of conduct matters), the following descriptions of conduct are hereby specified —
a
a serious assault, as defined in guidance issued by the Commission;
b
a serious sexual offence, as defined in guidance issued by the Commission;
c
serious corruption, as defined in guidance issued by the Commission;
d
a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
e
a relevant offence;
f
conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or
g
conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.
2
For the purposes of paragraphs 10(4A) and 11(3B) of Schedule 3 to the 2002 Act (conduct matters not required to be recorded), any conduct matter which is repetitious within the meaning of paragraph (3) is specified.
3
A conduct matter is repetitious for the purposes of paragraph (2) if, and only if —
a
it concerns substantially the same conduct as a previous complaint or conduct matter;
b
there is no fresh indication in respect of that matter that a person serving with the police may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings;
c
there is no fresh evidence in respect of that matter which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and
d
as respects the previous complaint or conduct matter, either —
i
the complaint was locally resolved in accordance with the provisions of paragraph 8 of Schedule 3 to the 2002 Act;
ii
the complaint was handled otherwise than in accordance with Schedule 3 to the 2002 Act or no action was taken in relation to it, in accordance with paragraph 7 of that Schedule (disapplication of requirements of Schedule);
iii
the Commission gave the appropriate authority a direction under regulation 10(10)(b) of these Regulations or regulation 7(7)(b) of the Police (Complaints and Misconduct) Regulations 2004 (power of the Commission to discontinue an investigation);
iv
the appropriate authority disapplied the requirements of Schedule 3 Part 2 of the 2002 Act in accordance with regulation 10(12)(b);
v
the complainant gave such notification as is mentioned in regulation 21(1) of these Regulations or regulation 15(1) of the Police (Complaints and Misconduct) Regulations 2004 (withdrawn complaints), and the complaint does not fall to be treated as a recordable conduct matter by reason of regulation 21(4) to (8) of these Regulations or regulation 15(4) to (8) of the Police (Complaints and Misconduct) Regulations 2004; or
vi
the requirements of paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (determination by the appropriate authority of what action to take) were complied with.
4
For the purposes of paragraph 13(1)(b) of Schedule 3 to the 2002 Act (reference of recordable conduct matters to the Commission) any matter which relates to conduct falling within paragraph (1)(a) to (e) or (g) of this regulation is hereby specified.
5
Any conduct matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and —
a
if the matter falls within sub-paragraph (1)(a) or (b) of paragraph 13 of Schedule 3 to the 2002 Act, without delay and in any event not later than the end of the day following the day on which it first becomes clear to the appropriate authority that the conduct matter is one to which that sub-paragraph applies, and
b
if the matter falls within sub-paragraph (1)(c) of that paragraph, without delay and in any event not later than the end of the day following the day on which the Commission notifies the appropriate authority that the conduct matter is to be referred.
Reference of Death or Serious Injury matters
8
Any DSI matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and —
a
in a case where the Commission directs that the matter be referred to it, without delay and in any event not later than the end of the day following the day on which the Commission so directs;
b
in any other case, without delay and in any event not later than the end of the day following the day on which the matter first comes to the attention of the appropriate authority.
Power of Commission to impose requirements in relation to an investigation which it is supervising
9
1
For the purposes of paragraph 17(7) of Schedule 3 to the 2002 Act (investigations supervised by the Commission) the requirements which may be imposed by the Commission on a person appointed to investigate a complaint, recordable conduct matter or DSI matter are, subject to paragraphs (2) and (3), any reasonable requirements as to the conduct of the investigation as appear to it to be necessary.
2
Where at any stage of an investigation of a complaint, recordable conduct matter or DSI matter the possibility of criminal proceedings arises, the Commission shall not, under paragraph (1), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the consent of the Director of Public Prosecutions to the imposition thereof.
3
The Commission shall not, under paragraph (1), impose any requirement relating to the resources to be made available by a chief officer for the purposes of an investigation without first consulting him and having regard to any representations he may make.
Power to discontinue an investigation
10
1
For the purposes of paragraph 21(1) and (1A) of Schedule 3 to the 2002 Act (discontinuance of investigations) the descriptions of complaint or matter set out in paragraph (2) of this regulation are hereby specified.
2
Those descriptions are any complaint or matter —
a
in which the complainant refuses to co-operate to the extent that the relevant body considers that it is not reasonably practicable to continue the investigation;
b
which the appropriate authority has determined is suitable for local resolution;
c
which the relevant body considers is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints, conduct matters or DSI matters;
d
which is repetitious, as defined in regulation 3(3); or
e
which the relevant body otherwise considers is such as to make it not reasonably practicable to proceed with the investigation.
3
For the purposes of paragraph (2) “relevant body” means —
a
the Commission, in a case where discontinuance is within the Commission’s power in accordance with paragraph 21(1B) of Schedule 3 to the 2002 Act; and
b
the appropriate authority, in any other case.
4
For the purposes of paragraph 21(2) of Schedule 3 to the 2002 Act the cases in which the Commission is authorised to discontinue an investigation that is being carried out in accordance with paragraph 19 of that Schedule are any cases where the complaint, conduct matter or DSI matter under investigation falls within paragraph (2) of this regulation.
5
Before discontinuing an investigation or applying to the Commission for an order requiring the discontinuance of an investigation, an appropriate authority shall —
a
write to the complainant at his last known address —
i
inviting him to make representations in relation to the matter, and
ii
allowing him a period of 28 days, commencing on the day after the date of the letter, to do so; and
b
have regard to any representations made by the complainant.
6
Any application by an appropriate authority to the Commission for an order that it discontinue an investigation shall be in writing and shall be accompanied by —
a
a copy of the complaint, and
b
a memorandum from the appropriate authority containing a summary of the investigation undertaken so far and explaining the reasons for the application to discontinue the investigation.
7
The appropriate authority shall —
a
send the complainant a copy of any such application on the same day as the day on which the application is sent to the Commission; and
b
supply any further information requested by the Commission for the purpose of considering that application.
8
The Commission shall not require the discontinuance of an investigation in a case where there has been no application to do so by the appropriate authority unless it has consulted with that authority.
9
Before requiring the discontinuance of an investigation under paragraph 21(1) of Schedule 3 to the 2002 Act in a case where there has been no application to do so by the appropriate authority, or discontinuing an investigation itself under paragraph 21(2) of that Schedule, the Commission shall —
a
write to the complainant at his last known address —
i
inviting him to make representations in relation to the matter, and
ii
allowing him a period of 28 days, commencing on the day after the date of the letter, to do so; and
b
have regard to any representations made by the complainant.
10
A direction given to an appropriate authority by the Commission under paragraph 21(4)(a) of Schedule 3 to the 2002 Act may —
a
require the appropriate authority to produce an investigation report on the discontinued investigation under paragraph 22 of that Schedule and to take any subsequent steps under that Schedule;
b
where the investigation concerned a complaint, require the appropriate authority to disapply the requirements of Schedule 3 to the 2002 Act as respects that complaint;
c
in a case within paragraph (2)(b) of this regulation, require the appropriate authority to subject the complaint to local resolution;
d
direct the appropriate authority to handle the matter in whatever manner (if any) that authority thinks fit.
11
The steps set out in paragraph (12) are hereby specified for the purposes of paragraph 21(6)(a) of Schedule 3 to the 2002 Act (steps that may be taken by the appropriate authority when an investigation is discontinued) and, with the exception of the step set out in paragraph (12)(c), are also specified for the purposes of paragraph 21(4)(b) of that Schedule (steps that may be taken by the Commission when an investigation is discontinued).
12
Those steps are —
a
to produce an investigation report on the discontinued investigation and take any subsequent steps under that Schedule;
b
where the investigation concerned a complaint, to disapply the requirements of Schedule 3 to the 2002 Act as respects that complaint;
c
to subject the complaint to local resolution;
d
to handle the matter in whatever manner the appropriate authority or (as the case may be) the Commission thinks fit.
Appeals
11
1
This regulation applies to an appeal under any of the following provisions of Schedule 3 to the 2002 Act —
a
paragraph 3(3) (appeal against a failure to notify or record a complaint);
b
paragraph 7(8) (appeal against a decision to handle a complaint otherwise than in accordance with the Schedule or take no action in relation to it);
c
paragraph 8A(1) (appeal against the outcome of a complaint subjected to local resolution or handled otherwise than in accordance with the Schedule);
d
paragraph 21(7) (appeal against a decision to discontinue an investigation); and
e
paragraph 25(2) (appeal in relation to an investigation).
2
Where a local policing body or chief officer notifies the complainant of a decision which is or may be capable of appeal under any of the provisions in paragraph (1), the local policing body or chief officer shall at the same time notify the complainant in writing of —
a
the existence of the right of appeal;
b
the identity of the relevant appeal body or, in a case to which paragraph 3 of Schedule 3 applies, the fact that the appeal is to the Commission;
c
where the appropriate authority has determined that the Commission is the relevant appeal body, the sub-paragraph of regulation 30(2) relied upon in making that determination;
d
where the appropriate authority has determined that the chief officer is the relevant appeal body, the fact that there is no right of appeal to the Commission; and
e
the time limit for making an appeal mentioned in paragraph (3).
3
Subject to paragraphs (4) and (5), an appeal shall be made within a period of 28 days commencing on the day after the date of the letter giving notification under paragraph (2).
4
For the purposes of the time period mentioned in paragraph (3), the following shall be left out of account —
a
any time elapsing between the appeal being received by the Commission under paragraph 31(1)(a) of Schedule 3 to the 2002 Act and being forwarded to the appropriate authority under paragraph 31(2)(a) of that Schedule;
b
any time elapsing between the appeal being received by the appropriate authority under paragraph 32(1)(a) of that Schedule and being forwarded to the Commission under paragraph 32(2)(a) of that Schedule.
5
The relevant appeal body or, in a case of an appeal under paragraph 3 of Schedule 3, the Commission may extend the time period mentioned in paragraph (3) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
6
Subject to paragraph (7), an appeal shall be made in writing and shall state —
a
details of the complaint;
b
the date on which the complaint was made;
c
the name of the police force or local policing body whose decision is the subject of the appeal;
d
the grounds for the appeal; and
e
the date on which notification was given under paragraph (2).
7
Where the relevant appeal body or, in the case of an appeal under paragraph 3 Schedule 3, the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (6), it may decide to proceed as if those requirements had been complied with.
8
Where the Commission receives an appeal it shall —
a
in the case of an appeal under paragraph 3 of Schedule 3, notify the local policing body or chief officer concerned of the appeal as soon as reasonably practicable; and
b
in that or any other case, request any information from any person which it considers necessary to dispose of the appeal.
9
Any person receiving a request under paragraph (8)(b) shall supply to the Commission the information requested.
10
The relevant appeal body or, in the case of an appeal under paragraph 3 of Schedule 3, the Commission shall determine the outcome of the appeal as soon as practicable.
11
The relevant appeal body or, in the case of an appeal under paragraph 3 of Schedule 3, the Commission shall notify the complainant of the reasons for its determination, and the Commission —
a
in the case of an appeal under the said paragraph 3, shall also notify the local policing body or chief officer concerned; and
b
in a case where it is the relevant appeal body, shall also notify the appropriate authority.
12
In the case of an appeal other than one under paragraph 3 of Schedule 3 —
a
where the Commission is the relevant appeal body —
i
it shall notify the complainant of any direction it gives to the appropriate authority as to the future handling of the complaint; and
ii
subject to paragraph (13), the appropriate authority shall notify the person complained against of any such direction;
b
where the chief officer is the relevant appeal body, he shall notify the complainant and the person complained against of the action that he proposes to take in relation to the complaint.
13
An appropriate authority may decide not to make a notification under paragraph (12)(a)(ii) if it is of the opinion that to do so might prejudice any criminal investigation or pending proceedings or would otherwise be contrary to the public interest.
Manner in which duties to provide information are to be performed
12
1
For the purposes of sections 20(5) and 21(10) of the 2002 Act (duties to keep complainant and other persons informed), the manner in which the Commission or, as the case may be, an appropriate authority shall perform the duties imposed by those sections is as follows.
2
The Commission, in a case falling within section 20(1) or 21(6) of the 2002 Act (investigation of a complaint, conduct matter or DSI matter by or under the management of the Commission), shall inform the complainant or, as the case may be, the interested party —
a
of the progress of the investigation promptly and in any event —
i
if there has been no previous notification, within four weeks of the start of the investigation; and
ii
in any other case, within four weeks of the previous notification;
b
of any provisional findings of the person carrying out the investigation as frequently as the Commission determines to be appropriate in order for the complainant to be kept properly informed.
3
An appropriate authority, in a case falling within section 20(2) or 21(7) of the 2002 Act (investigation of a complaint, conduct matter or DSI matter by an appropriate authority), shall inform the complainant or the interested party (as the case may be) —
a
of the progress of the investigation promptly and in any event —
i
if there has been no previous notification, within four weeks of the start of the investigation; and
ii
in any other case, within four weeks of the previous notification.
b
of any provisional findings of the person carrying out the investigation as frequently as the appropriate authority determines to be appropriate in order for the complainant to be kept properly informed.
4
When an investigation has been completed, each complainant and interested person shall be notified —
a
of the date on which the final report under paragraph 22 of Schedule 3 to the 2002 Act is likely to be submitted;
b
of the date on which the notification under paragraph 23(9) or 24(7) of that Schedule is likely to be given.
5
In performing the duties imposed by section 20(1) and (2) and section 21(6) and (7) of the 2002 Act, and by paragraphs 23(9) and 24(7) of Schedule 3 to that Act, the Commission or, as the case may be, the appropriate authority shall determine whether it is appropriate to offer, or to accede to a request for, a meeting with a complainant or, as the case may be, an interested person.
6
As soon as practicable after any such meeting the Commission or, as the case may be, the appropriate authority shall send to the complainant or interested person a written record of the meeting and an account of how any concerns of that person will be addressed.
7
As soon as practicable after the conclusion of any disciplinary proceedings that are taken in respect of the matters dealt with in any report submitted under paragraph 22 of Schedule 3 to the 2002 Act, the appropriate authority shall notify the Commission, any complainant and any interested person of the outcome of those proceedings, including the fact and outcome of any appeal against the outcome of the proceedings.
8
If the Commission or, as the case may be, the appropriate authority, considers that an investigation has made minimal or no progress since the previous notification, then the next notification may be made by any means that in the opinion of the Commission or, as the case may be, the appropriate authority is suitable.
9
Any notification under this regulation shall be given in writing, except in a case where the notification is given at a meeting held in consequence of a determination under paragraph (5) or it is given by means other than writing in accordance with paragraph (8).
Exceptions to the duty to keep the complainant informed and to provide information for other persons
13
1
Subject to paragraph (2), the duties mentioned in section 20(1) and (2) (duty to keep the complainant informed) and section 21(6) and (7) (duty to provide information for other persons) of the 2002 Act and in paragraphs 23(9) and 24(7) of Schedule 3 to that Act (action by the Commission or appropriate authority in response to an investigation report) shall not apply in circumstances where in the opinion of the Commission, or, as the case may be, of the appropriate authority, the non-disclosure of information is necessary for the purpose of —
a
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
b
preventing the disclosure of information in any circumstances in which its non-disclosure —
i
is in the interests of national security;
ii
is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
iii
is required on proportionality grounds; or
iv
is otherwise necessary in the public interest.
2
The Commission or, as the case may be, the appropriate authority shall not conclude that the non-disclosure of information is necessary under paragraph (1) unless it is satisfied that —
a
there is a real risk of the disclosure of that information causing an adverse effect; and
b
that adverse effect would be significant.
3
Without prejudice to the generality of paragraph (1), the Commission or, as the case may be, the appropriate authority shall consider whether the non-disclosure of information is justified under that paragraph in circumstances where —
a
that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings;
b
the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings;
c
the disclosure of that information may prejudice the welfare or safety of any third party;
d
that information constitutes criminal intelligence.
Meaning of “relative”
14
For the purposes of section 21(12) of the 2002 Act (meaning of “relative”), the description of person that is hereby prescribed is any spouse, partner, parent or adult child.
Copies of complaints etc
15
1
Where a complaint is recorded under paragraph 2(6) of Schedule 3 to the 2002 Act, the appropriate authority shall —
a
supply to the complainant a copy of the record made of that complaint; and
b
subject to paragraphs (2) to (4), supply to the person complained against a copy of the complaint.
2
A copy of a complaint supplied under this regulation may be in a form which keeps anonymous the identity of the complainant or of any other person.
3
An appropriate authority may decide not to supply such a copy of a complaint if it is of the opinion that to do so —
a
might prejudice any criminal investigation or pending proceedings, or
b
would otherwise be contrary to the public interest.
4
Where an appropriate authority decides not to supply such a copy, it shall keep that decision under regular review.
Written notices
16
1
For the purposes of paragraph 19B(7) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation) the notification given by the investigator to the person concerned must be in writing and state —
a
the conduct that is the subject matter of the allegation and how that conduct is alleged to fall below the Standards of Professional Behaviour;
b
that there is to be an investigation into the matter and the identity of the investigator;
c
the investigator’s assessment of whether that conduct, if proved, would amount to misconduct or gross misconduct;
d
whether, if the matter were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or a misconduct hearing;
e
that if the likely form of any misconduct proceedings to be held changes, further notice (with reasons) will be given;
f
that he has the right to seek advice from his staff association or any other body and of the effect of regulation 17(1) to (3);
g
the effect of regulation 18 and paragraph 19C of Schedule 3 to the 2002 Act (duty to consider submissions from person whose conduct is being investigated) and regulations 7(1) to (3) of the Conduct Regulations (legal or other representation); and
h
that whilst he does not have to say anything it may harm his case if he does not mention when interviewed or when providing any information under regulation 18 or regulation 22(2) or (3) of the Conduct Regulations (procedure on receipt of notice of referral to misconduct proceedings) something which he later relies on in any misconduct proceedings, special case hearing, an appeal meeting or appeal hearing.
2
For the purposes of paragraph 19B(10) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation), if following service of the notice under paragraph (1), the investigator revises his assessment of the conduct in accordance with paragraph 19B(9) of Schedule 3 to the 2002 Act or his determination of the likely form of any misconduct proceedings to be taken, the investigator shall, as soon as practicable, give the person concerned further written notice of —
a
the assessment of whether the conduct, if proved, would amount to misconduct or gross misconduct as the case may be and the reason for that assessment;
b
whether, if the case were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or a misconduct hearing and the reason for this.
3
The notice whether given in accordance with paragraph (1) or (2) shall be —
a
given to the person concerned in person;
b
left with some person at, or sent by recorded delivery to, the person concerned’s last known address; or
c
given to him in person by his police friend where the police friend has agreed with the appropriate authority to deliver the notice.
4
In paragraph (1)(h), “appeal hearing”, “appeal meeting” and “special case hearing” have the same meaning as in the Conduct Regulations.
Police friend
17
1
Where the person concerned is a police officer he may choose —
a
a police officer;
b
a police staff member; or
c
where the officer concerned is a member of a police force, a person nominated by his staff association,
who is not otherwise involved in the matter to act as his police friend.
2
Where the person concerned is a police staff member he may choose —
a
a person employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of trade union);
b
an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a police staff member’s companion at disciplinary proceedings;
c
a police officer;
d
a police staff member; or
e
any other person nominated by the person concerned and approved by the chief officer of the force in which a police staff member is serving,
who is not otherwise involved in the matter to act as his police friend.
3
A police friend may —
a
provide any relevant document to the investigator in accordance with paragraph 19C(2)(b) of Schedule 3 to the 2002 Act (power to prescribe persons who may provide submissions to the investigator);
b
accompany the officer concerned to any interview conducted under regulation 19;
c
advise the person concerned throughout proceedings under these Regulations; and
d
make representations to the Commission concerning any aspect of the proceedings under these Regulations.
4
Where a police friend is a police officer or a police staff member, the chief officer of the force of which the police friend is a member shall permit him to use a reasonable amount of duty time for the purposes referred to in paragraph (3).
5
The reference in paragraph (4) to the force of which the police friend is a member shall include a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving.
Representations to the investigator
18
For the purposes of paragraph 19B(7)(c) of Schedule 3 to the 2002 Act (time limits for providing documents to the investigator), the person concerned or police friend shall have 10 working days starting with the day after which the notice is given under regulation 16(1) (unless this period is extended by the investigator) to provide any relevant statement or relevant document as the case may be.
Interviews during investigation
19
1
For the purposes of paragraph 19D(1) of Schedule 3 to the 2002 Act (interview of person whose conduct is being investigated), where an investigator wishes to interview the person concerned as part of his investigation, he shall, if reasonably practicable, agree a date and time for the interview with the person concerned.
2
Where no date and time is agreed under paragraph (1), the investigator shall specify a date and time for the interview.
3
Where a date and time is specified under paragraph (2) and —
a
the person concerned or his police friend will not be available at that time; and
b
the person concerned proposes an alternative time which satisfies paragraph (4),
the interview shall be postponed to the time proposed by the person concerned.
4
An alternative time must —
a
be reasonable; and
b
fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator.
5
The person concerned shall be given written notice of the date, time and place of the interview.
6
The investigator shall, in advance of the interview, provide the person concerned with such information as the investigator considers appropriate in the circumstances of the case to enable the person concerned to prepare for the interview.
7
The person concerned shall attend the interview.
8
A police friend may not answer any questions asked of the person concerned during the interview.
Report of investigation
20
For the purposes of paragraph 22(7) of Schedule 3 to the 2002 Act (final reports on investigations), on completion of an investigation the investigator’s report shall —
a
provide an accurate summary of the evidence;
b
attach or refer to any relevant documents; and
c
indicate the investigator’s opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.
Withdrawn complaints
21
1
If an appropriate authority receives from a complainant notification in writing signed by him or by his solicitor or other authorised agent on his behalf to the effect either —
a
that he withdraws the complaint, or
b
that he does not wish any further steps to be taken in consequence of the complaint,
then the appropriate authority shall forthwith record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be, and subject to the following provisions of this regulation, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
2
Where a complainant gives such notification as is mentioned in paragraph (1) to the Commission but, so far as is apparent to the Commission, has not sent that notification to the appropriate authority, then —
a
the Commission shall send a copy of the notification to the appropriate authority;
b
that appropriate authority shall record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be; and
c
subject to the following provisions of this regulation, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
3
Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and it relates to a complaint —
a
which was referred to the Commission under paragraph 4(1) of Schedule 3 to the 2002 Act and which has not been referred back to the appropriate authority under paragraph 5(2) of that Schedule; or
b
which the appropriate authority knows is currently the subject of an appeal to the Commission under paragraph 3(3), 7(8), 8A(1), 21(7) or 25(2) of that Schedule,
then the appropriate authority shall notify the Commission that it has recorded the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken, as the case may be.
4
In a case falling within paragraph (3)(a), the Commission shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter, and shall notify the appropriate authority of its decision.
5
In a case falling within paragraph (3)(b), the appropriate authority shall —
a
determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and
b
notify the Commission of its determination and the reasons for that determination.
6
Where a determination is made that a complaint is to be treated as a recordable conduct matter, then the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to that matter.
7
Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and that notification relates to a complaint which does not fall within sub-paragraph (a) or (b) of paragraph (3), then —
a
the appropriate authority shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter;
b
if the complaint is to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to that matter;
c
if the complaint is not to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
8
In a case where —
a
a complaint has been subjected to an investigation by the appropriate authority on its own behalf;
b
the complaint is currently subject to an appeal to the Commission under paragraph 25 of Schedule 3 to the Act; and
c
the appropriate authority has notified the Commission under paragraph (5)(b) that it has determined that the complaint is not to be treated as a recordable conduct matter,
the Commission shall consider whether it is in the public interest for that determination to be reversed, and if so it shall instruct the appropriate authority to reverse the decision.
9
Where a complainant indicates that he wishes to withdraw the complaint or that he does not wish any further steps to be taken in consequence of the complaint, but he fails to provide a notification to that effect in writing signed by him or on his behalf, then —
a
in the case of an indication received by the appropriate authority, the authority shall take the steps set out in paragraph (10);
b
in the case of an indication received by the Commission, the Commission shall refer the matter to the appropriate authority which shall take the steps set out in paragraph (10).
10
Those steps are —
a
the appropriate authority shall write to the complainant to ascertain whether he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint;
b
if the complainant indicates that he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint, or if he fails to reply within a period of 28 days commencing on the day after the date of the letter under sub-paragraph (a), the appropriate authority shall treat the indication as though it had been received in writing signed by the complainant;
c
if the complainant indicates that he does not wish to withdraw his complaint, or that he does wish further steps to be taken in consequence of the complaint, the appropriate authority shall start or resume the investigation as the case may be.
11
Subject to paragraph (12), the appropriate authority shall notify the person complained against if —
a
it records the withdrawal of a complaint or the fact that the complainant does not wish any further steps to be taken;
b
it determines that a complaint shall be treated as a recordable conduct matter;
c
the Commission determines that a complaint shall be treated as a recordable conduct matter;
d
the Commission instructs it to reverse a decision not to treat a complaint as a recordable conduct matter;
e
the provisions of Part 2 of the 2002 Act cease to apply in respect of a complaint.
12
Nothing in paragraph (11) shall require the appropriate authority to make a notification if it has previously decided under regulation 15(3) not to notify the person complained against of the complaint because it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Circumstances in which an investigation or other procedure may be suspended
22
1
The Commission may suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal investigation or proceedings.
2
An appropriate authority may, subject to paragraph (3), suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal investigation or proceedings.
3
The Commission may direct that any investigation or other procedure under Part 2 of the 2002 Act which is liable to be suspended under paragraph (2) shall continue if it is of the view that it is in the public interest to make such a direction.
4
The Commission shall consult the appropriate authority before making such a direction.
Resumption of investigation after criminal proceedings
23
1
Where the whole or part of the investigation of a complaint has been suspended until the conclusion of criminal proceedings, and the complainant has failed to indicate after the conclusion of those proceedings that he wishes the investigation to start or be resumed, the Commission or, as the case may be, appropriate authority shall take the steps set out in paragraph (2).
2
The Commission or appropriate authority shall take all reasonable steps to contact the complainant to ascertain whether he wants the investigation to start or be resumed as the case may be.
3
If the complainant indicates that he does wish the investigation to start or be resumed, the Commission or appropriate authority shall start or resume the investigation as the case may be.
4
If the complainant indicates that he does not want the investigation to start or be resumed, or if he fails to reply within a period of 28 days commencing on the day after the date of a letter sent to him by the Commission or appropriate authority, the Commission or appropriate authority as the case may be shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
5
If the Commission or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act shall cease to apply to the complaint.
6
If the Commission or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to the matter.
7
Subject to paragraph (8), the Commission or appropriate authority shall notify the person complained against if paragraph (5) or (6) applies.
8
Nothing in paragraph (7) shall require the Commission or appropriate authority to make a notification if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Appointment of persons to carry out investigations
24
1
No person shall be appointed to carry out an investigation under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act (investigation by the appropriate authority on its own behalf, supervised and managed investigations) —
a
unless he has an appropriate level of knowledge, skills and experience to plan and manage the investigation;
b
subject to paragraph (2), if he works, directly or indirectly, under the management of the person whose conduct is being investigated;
c
subject to paragraph (2), in a case where the officer concerned is a senior officer, if he is —
i
the chief officer of the police force concerned, or
ii
a member of the same force as the officer concerned;
d
subject to paragraph (3), if he is a person whose involvement in the role could reasonably give rise to a concern as to whether he could act impartially under these Regulations.
2
Paragraphs (1)(b) and (c) shall not apply in a case where the investigation is of a complaint in relation to a direction and control matter.
3
In a case where the investigation is of a complaint in relation to a direction and control matter, the fact that a person —
a
works, directly or indirectly, under the management of the person whose conduct is being investigated; or
b
is the chief officer of the police force concerned or a member of the same force as the officer concerned,
shall not, without more, constitute reasonable grounds for concern as to whether that person could act impartially for the purposes of paragraph (1)(d).
4
In this regulation any reference to a member of a police force shall include a reference to a special constable appointed for the area of that force and a police staff member serving in that force.
Combining and splitting investigations
25
1
An appropriate authority which is carrying out an investigation on its own behalf may —
a
combine that investigation with another such investigation; or
b
split that investigation into two or more such separate investigations
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
2
Subject to paragraph (3), where the Commission is supervising, managing or carrying out an investigation, it may —
a
combine that investigation with another investigation; or
b
split that investigation into two or more separate investigations,
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
3
The Commission shall not take any action under paragraph (2) in relation to a supervised or managed investigation except after consultation with the appropriate authority.
4
Nothing in this regulation shall prevent the Commission from determining that —
a
where an investigation is split into two or more separate investigations, those investigations may take different forms;
b
two or more separate investigations which take different forms (including an investigation being carried out by the appropriate authority on its own behalf) may be combined into a single investigation.
Relinquishing the Commission’s supervision or management of an investigation
26
1
This regulation applies where the Commission —
a
relinquishes the management of an investigation in favour of a supervised investigation or an investigation by the appropriate authority on its own behalf, or
b
relinquishes the supervision of an investigation in favour of an investigation by the appropriate authority on its own behalf.
2
Where this regulation applies, and subject to paragraph (3), the Commission —
a
shall notify the appropriate authority, the complainant, any interested person within the meaning of section 21 of the 2002 Act and the person complained against of its decision, and the reasons for that decision; and
b
shall send to the appropriate authority any documentation and evidence gathered during its investigations as will assist the appropriate authority to carry out its functions under Part 2 of the 2002 Act.
3
Nothing in paragraph (2)(a) shall require the Commission to make a notification to the person complained against if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Complaints or conduct matters concerning a person who has subsequently ceased to serve with the police
27
Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct, then Part 2 of the 2002 Act shall apply in relation to such a person as if it did not include any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.
Complaints or conduct matters concerning a person whose identity is unascertained
28
1
Where a complaint or conduct matter relates to the conduct of a person whose identity is unascertained at the time at which the complaint is made or the conduct matter is recorded, or whose identity is not ascertained during or subsequent to, the investigation of the complaint or recordable conduct matter, then Part 2 of the 2002 Act and these Regulations shall apply in relation to such a person as if it did not include —
a
any requirement for the person complained against to be given a notification or an opportunity to make representations;
b
any requirement for the Commission or the appropriate authority to determine whether a criminal offence may have been committed by the person whose conduct has been the subject-matter of an investigation, or to take any action in relation to such a determination;
c
any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.
2
Where the identity of such a person is subsequently ascertained, the Commission and appropriate authority shall take such action in accordance with Part 2 of the 2002 Act and these Regulations as they see fit, regardless of any previous action taken under that Part as modified above.
Notification of actions and decisions
29
1
So far as not covered by paragraph 23(9) and (10) and paragraph 25(10) and (11) of Schedule 3 to the 2002 Act (notifications by the Commission in relation to recommending disciplinary proceedings), where the Commission takes any action or decisions in consequence of it having received a memorandum under paragraph 23(7) or paragraph 25(3) of that Schedule, it shall notify such action or decisions, together with an explanation of its reasons for having taken them, to —
a
the appropriate authority;
b
the complainant and any other interested person within the meaning of section 21(5) of the 2002 Act;
c
subject to paragraph (3), the person complained against.
2
Without prejudice to the generality of paragraph (1), the Commission shall include in any notification under that paragraph a statement as to whether it intends to participate in any disciplinary proceedings.
3
The Commission may decide not to give such a notification and explanation to the person complained against if it is of the opinion that that notification might prejudice any criminal investigation, pending proceedings, or review of the complaint.
Relevant appeal body
30
1
For the purposes of paragraph 30(1)(a) of Schedule 3 to the 2002 Act (descriptions of complaint in relation to which the Commission is the relevant appeal body), the complaints set out in paragraph (2) are hereby specified.
2
Those complaints are any complaint —
a
about the conduct of a senior officer;
b
in the case of which the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved) —
i
would not justify the bringing of criminal or misconduct proceedings against a person serving with the police; or
ii
would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998 );
c
that has been, or must be, referred to the Commission under paragraph 4 of Schedule 3 to the 2002 Act;
d
arising from the same incident as a complaint to which sub-paragraph (a), (b) or (c) applies;
e
to any part of which sub-paragraph (a), (b), (c) or (d) applies.
Keeping of records
31
Every local policing body and chief officer shall keep records, in such form as the Commission shall determine, of —
a
every complaint and purported complaint that is made to it or him;
b
every conduct matter recorded by it or him under paragraph 10 or 11 of Schedule 3 to the 2002 Act;
c
every DSI matter recorded by it or him under paragraph 14A of Schedule 3 to the 2002 Act;
d
every exercise of a power or performance of a duty under Part 2 of the 2002 Act.
Register to be kept by the Commission
32
1
The Commission shall establish and maintain a register of all information supplied to it by a local policing body or chief officer under Part 2 of the 2002 Act.
2
Subject to paragraph (3), the Commission may publish or otherwise disclose to any person any information held on the register provided that the publication or disclosure is necessary for or conducive to the purpose of —
a
learning lessons from the handling of, or demonstrating the thoroughness and effectiveness of, local resolutions, investigations by the Commission or managed or supervised investigations;
b
raising public awareness of the complaints system; or
c
improving the complaints system.
3
Information may not be published or disclosed in circumstances where in the opinion of the Commission the non-disclosure of information is necessary for a purpose mentioned in regulation 13(1)(a) or (b).
Delegation of powers and duties by chief officer
33
1
Subject to the remaining paragraphs of this regulation, a chief officer may delegate all or any of the powers or duties conferred or imposed on him by or under Part 2 of the 2002 Act to such an officer as is mentioned in paragraph (2), or to a police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority.
2
That officer is —
a
a senior officer, in the case of a complaint or conduct matter concerning the conduct of a senior officer; and
b
a member of a police force of at least the rank of chief inspector, in any other case.
3
A chief officer shall not, in any particular case, delegate any power or duty under paragraph (1) to a person whose involvement in the role could reasonably give rise to a concern as to whether he could act impartially under these Regulations, whether because he has acted as investigating officer in the case or attempted to resolve it by way of local resolution or otherwise.
4
A chief officer may delegate all or any of his powers or duties in relation to the local resolution of complaints under Part 2 of the 2002 Act to any person serving with the police.
Manner and time limits of notifications
34
1
Any notification to be given under these Regulations shall —
a
unless otherwise specified in these Regulations or determined in guidance issued by the Commission, be given in writing;
b
unless otherwise specified in these Regulations, be made within such period as the Commission may determine in guidance.
2
No time limit mentioned in these Regulations or determined by the Commission shall apply in any case where exceptional circumstances prevent that time limit being complied with.
Application to contracted-out staff
35
1
Subject to paragraph (2), Part 2 of the 2002 Act and these Regulations shall apply in relation to a detention officer or escort officer as they apply in relation to a person serving with the police.
2
Paragraph (1) applies only insofar as a complaint relates to, or another instance of misconduct involves, the carrying out of functions for the purposes of which any power or duty is conferred or imposed by a designation under section 39(2) of the 2002 Act (police powers for contracted-out staff).
3
References in Part 2 of the 2002 Act to a civilian employee of a police force shall include references to a detention officer or escort officer who has been so designated by the chief officer of that force.
4
In this regulation, “detention officer” means a person designated under section 39(2)(a) of the 2002 Act and “escort officer” means a person designated under section 39(2)(b) of that Act.
Disciplinary proceedings for police staff
36
In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act “disciplinary proceedings” means —
a
any proceedings or management process during which the conduct (as opposed to the performance) of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct; and
b
for the purposes of section 22 of, and paragraphs 22, 23, 25 and 27 of Schedule 3 to the 2002 Act only, any proceedings or management process during which the performance of such a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it.
Nick Herbert
Minister of State
Home Office
1st May 2012 |
The Consumer Rights (Payment Surcharges) Regulations 2012
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 , in relation to matters relating to consumer protection , makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.
Citation and commencement
1
1
These Regulations may be cited as the Consumer Rights (Payment Surcharges) Regulations 2012 and come into force on 6th April 2013.
2
These Regulations apply in relation to contracts entered into on or after that date.
“Consumer” and “trader”
2
In these Regulations —
“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
“trader” means a person acting (personally or through an agent) for purposes relating to that person’s trade, business, craft or profession.
Other definitions
3
In these Regulations —
“court” in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland means the sheriff or the Court of Session;
“digital content” means data which are produced and supplied in digital form;
“district heating” means the supply of heat (in the form of steam or hot water or otherwise) from a central source of production through a transmission and distribution system to heat more than one building;
“goods” means any tangible movable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or a set quantity;
“ OFT ” means the Office of Fair Trading ;
“sales contract” means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price (whether or not the contract also covers services);
“service contract” means a contract, other than a sales contract, under which a trader supplies or agrees to supply a service to a consumer and the consumer pays or agrees to pay the price.
Excessive charges prohibited
4
A trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means.
Contracts where prohibition applies
5
1
Regulation 4 applies only if the use is as a means for the consumer to make payments for the purposes of a contract with the trader, and only to the extent that that contract —
a
is a sales or service contract, or a contract (other than a sales or service contract) for the supply of water, gas, electricity, district heating or digital content, and
b
is not an excluded contract.
2
An excluded contract is a contract —
a
for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;
b
for health services provided, whether or not via healthcare facilities, by health professionals to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices (and “health professionals” has the meaning given by Article 3(f) of Directive 2011/24/ EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare) ;
c
for gambling within the meaning of the Gambling Act 2005 (which includes gaming, betting and participating in a lottery);
d
for services of a banking, credit, insurance, personal pension, investment or payment nature;
e
for the creation of immovable property or of rights in immovable property;
f
for rental of accommodation for residential purposes;
g
for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings;
h
which falls within the scope of Directive 2008/122/ EC of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long–term holiday product, resale and exchange contracts ;
i
for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace;
j
concluded by means of automatic vending machines or automated commercial premises;
k
concluded with a telecommunications operator through a public telephone for the use of the telephone;
l
concluded for the use of one single connection, by telephone, internet or fax, established by a consumer;
m
under which goods are sold by way of execution or otherwise by authority of law.
Temporary exemption for micro-businesses and new businesses
6
1
During the exemption period, regulation 4 does not apply if the trader is acting for purposes relating to the trader’s business, and the business is —
a
an existing micro-business, or
b
a new business.
2
The Schedule defines those kinds of business, and the exemption period.
Complaints
7
1
It is the duty of an enforcement authority to consider any complaint made to it about a contravention of regulation 4, unless —
a
the complaint appears to the authority to be frivolous or vexatious; or
b
another enforcement authority has notified the OFT that it agrees to consider the complaint.
2
If an enforcement authority has notified the OFT as mentioned in paragraph (1)(b), that authority is under a duty to consider the complaint.
3
An enforcement authority which is under a duty to consider a complaint must —
a
decide whether or not to make an application under regulation 8, and
b
give reasons for its decision.
4
In deciding whether or not to make an application, an enforcement authority may, if it considers it appropriate to do so, have regard to any undertaking given to it or another enforcement authority by or on behalf of any person as to compliance with regulation 4.
5
The following are enforcement authorities for the purposes of these Regulations —
a
every local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985 );
b
the Department of Enterprise, Trade and Investment in Northern Ireland.
Orders to secure compliance
8
1
An enforcement authority may apply for an injunction, or in Scotland an interdict or any other appropriate relief or remedy, against any person who appears to the authority to be responsible for a contravention of regulation 4.
2
The court on an application under this regulation may grant an injunction, interdict or order on such terms as it thinks fit to secure compliance with regulation 4.
Notification of undertakings and orders to the OFT
9
An enforcement authority must notify the OFT —
a
of any undertaking given to it by or on behalf of any person who appears to it to be responsible for a contravention of regulation 4;
b
of the outcome of any application made by it under regulation 8, and of the terms of any undertaking given to the court or of any order made by the court;
c
of the outcome of any application made by it to enforce a previous order of the court.
Consumer’s right of redress
10
Where a trader charges a fee in contravention of regulation 4 —
a
any provision of a contract requiring the consumer to pay the fee is unenforceable to the extent of the excess charged, and
b
the contract for the purposes of which the payment is made is to be treated as providing for the excess to be repaid to the consumer.
Jo Swinson
Minister for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
18th December 2012
SCHEDULE
MICRO-BUSINESSES AND NEW BUSINESSES
Regulation 6
Micro-businesses
1
A micro-business is a business that has fewer than 10 employees (see paragraphs 7 to 9).
Existing micro-businesses
2
An existing micro-business is a business that was a micro-business immediately before 6th April 2013.
New businesses
3
1
A new business is a business which a person, or a number of persons, (“P”) begins to carry on during the period beginning with 6th April 2013 and ending with 12th June 2014.
2
That is subject to sub-paragraphs (3), (4) and (6).
3
A business (“Business 2”) is not a new business if —
a
P has, at any time during the period of 6 months ending immediately before the date on which P begins to carry on Business 2, carried on another business (“Business 1”), and
b
Business 1 consisted of the activities of which Business 2 consists (or most of them),
unless Business 1 was itself a new business.
4
A business is not a new business if —
a
P begins to carry on the business on another person ceasing to carry on the activities of which it consists (or most of them), and
b
P does so in consequence of arrangements involving P and the other person,
unless the activities, when carried on by that other person, were activities of a new business.
5
For this purpose, P is to be taken to begin to carry on a business on another person ceasing to carry on such activities if —
a
P begins to carry on the business otherwise than in partnership on such activities ceasing to be carried on by persons in partnership, or
b
P is a number of persons in partnership who begin to carry on the business on such activities ceasing to be carried on —
i
by a person, or a number of persons, otherwise than in partnership,
ii
by persons in partnership who do not consist only of all the persons who constitute P, or
iii
partly as mentioned in paragraph (i) and partly as mentioned in paragraph (ii).
6
P is not to be regarded as beginning to carry on a business for the purposes of sub-paragraph (1) if —
a
before P begins to carry on the business, P is a party to arrangements under which P may (at any time during the period beginning with 6th April 2013 and ending with 12th June 2014) carry on, as part of the business, activities carried on by any other person, and
b
the business would have been prevented by sub-paragraph (3) from being a new business if —
i
P had begun to carry on the activities when beginning to carry on the business, and
ii
the other person had at that time ceased to carry them on.
7
“Arrangements” includes an agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
The exemption period: existing micro-businesses
4
1
This paragraph defines the exemption period in relation to an existing micro-business.
2
The exemption period starts with 6th April 2013 and ends with —
a
the day after a grace period in relation to the business ends, if the grace period is one in which the business grows (see paragraph 6), or
b
(if sooner) 12th June 2014.
3
The following are grace periods in relation to a business for the purposes of this paragraph —
a
the 6-month period that starts with the first day after 6th April 2013 on which the business has 10 or more employees;
b
the 6-month period that starts after the end of a grace period (the “earlier grace period”) that is not one in which the business grows, in accordance with sub-paragraph (4) or (5).
4
If the business has 10 or more employees on the day after the end of the earlier grace period, the next grace period starts on that day.
5
If the business has fewer than 10 employees on that day, the next grace period starts on the next day on which the business has 10 or more employees.
The exemption period: new businesses
5
1
This paragraph defines the exemption period in relation to a new business.
2
The exemption period starts with the date on which P begins to carry on the business and ends with —
a
the date on which P ceases to carry on the business, or
b
(if sooner) 12th June 2014.
3
If P is the members of a partnership, or other unincorporated association, P is not to be taken for the purposes of sub-paragraph (2) to cease to carry on the business if —
a
the members of the partnership or association change, or the partnership or association is dissolved, and
b
after the change or dissolution, the business is carried on by at least one of the persons who constituted P.
Grace periods in which business grows
6
For the purposes of this Schedule, a grace period is one in which a business grows if A is greater than B, where —
A is the number of days in the grace period when the business has 10 or more employees, and
B is the number of days in the grace period when the business has fewer than 10 employees.
Number of employees of a business
7
For the purposes of this Schedule, the number of employees of a business is calculated as follows —
T H
37.5
where TH is the total number of hours per week for which all the employees of the business are contracted to work.
Employees of a business
8
For the purposes of this Schedule, the employees of a business are the persons who are employed for the purposes of the business.
Employees
9
1
In this Schedule, “employee” means an individual who has entered into or works under a contract of employment.
2
In sub-paragraph (1) “contract of employment” means a contract of service, whether express or implied, and (if it is express) whether oral or in writing.
Franchises
10
For the purposes of this Schedule, a business that is carried on pursuant to a franchise agreement is treated as part of the business of the franchisor (and not as a separate business carried on by the franchisee). |
The Education Act 2011 (Commencement No. 4 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. 4 and Transitional and Savings Provisions) Order 2012.
2
In this Order —
“ ASCLA 2009 ” means the Apprenticeships, Skills, Learning and Children Act 2009 ;
“ EA 2011 ” means the Education Act 2011.
Provisions coming into force on 1st August 2012
2
The following provisions of EA 2011 come into force on 1st August 2012 —
section 45;
section 73(2)(a) and (b), and section 73(2)(c) to the extent that it relates to section 88(2A) of ASCLA 2009 (as inserted by section 73(2)(b)), and section 73(1) to the extent that it relates to those subsections.
Provisions coming into force on 1st September 2012
3
The following provisions of EA 2011 come into force on 1st September 2012 —
section 1(1) and section 1(2) for the purposes only of making regulations under section 7 of the Childcare Act 2006 (as substituted by section 1(2)), section 1(3) and section 1(1) to the extent that it relates to section 1(3), and section 1(4);
section 4 and Schedule 1;
section 28 to the extent that it is not already in force;
section 29 to the extent that it is not already in force;
section 38;
section 39;
section 50 but not in respect of any funding period before 1 April 2013;
section 69 and Schedule 18;
section 70.
Transitional and savings provisions
4
Despite the coming into force of section 4 of, and Schedule 1 to, EA 2011, that section and Schedule have no effect in relation to the exclusion of a pupil before 1st September 2012 and the enactments amended by that section and Schedule continue in force in relation to such an exclusion as if the amendments in that section and Schedule were not made.
5
Despite the coming into force of section 38 of EA 2011, the amendments made by subsections (2) and (3) of that section do not have effect in relation to the governing body of a maintained school in England constituted under an instrument of government that takes effect before 1st September 2012, until the governing body or the local authority decide that the instrument of government should be varied.
6
Despite the coming into force of section 45 of EA 2011, section 45(1) and (2)(b), (c), (e) and (h) have no effect in relation to a complaint that is made to a Local Commissioner before 1st August 2012, unless the Local Commissioner has declined to initiate an investigation into the complaint on the grounds in section 207(3)(a) of ASCLA 2009.
Nick Gibb
Minister of State
Department for Education
12th April 2012 |
The Caernarfon Harbour Trust (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.
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Caernarfon Harbour Trust (Constitution) Harbour Revision Order 2012 and shall come into force on 25th August 2012.
2
The Caernarfon Harbour Acts and Orders l793 to 1989 and this Order may be cited together as the Caernarfon Harbour Acts and Orders 1793 to 2012.
Interpretation
2
1
In this Order —
“the 1989 Order ” means the Caernarfon Harbour Revision Order 1989 ;
“ the Trust ” means the Caernarfon Harbour Trust established by the Caernarfon Harbour Acts and Orders 1793 to 2012;
“Caernarfon Harbour” means the existing harbour area and the additional area;
“the existing harbour area” means the area below the level of mean high water spring tides bounded by a line drawn from a point 53 degrees 09.603’N, 4 degrees 25.740’W through a point 53 degrees 04.560’N, 4 degrees 32.172’W to a point 53 degrees 0.632’N, 4 degrees 23.535’W and a line drawn between points 53 degrees 13.030’N, 4 degrees 11.235’W and 53 degrees 12.904’N, 4 degrees 11.060’W (based on the WGS 84 datum);
“the additional area” means the area below the level of mean high water spring tides bounded by a line drawn between points 53 degrees 13.030’N, 4 degrees 11.235’W and 53 degrees 12.904’N, 4 degrees 11.060’W and a line drawn between points 53 degrees 13.272’N, 4 degrees 09.855’W and 53 degrees 13.152’N, 4 degrees 09.737’W (based on the WGS 84 datum);
“appointing body” means a Council referred to in article 3(1)(a), (b) or (c) or the existing Trustees or the Trustees appointed under this Order with the power to appoint trustees conferred by article 3(1)(d);
“the existing Trustees” means the trustees of the Trust in office immediately before the new constitution date;
“the Trustees” means the trustees of the Trust appointed to act as trustees, under article 3 initially or under that article subsequently or under article 5 to fill a casual vacancy or co-opted to act as trustees under article 6;
“the Harbour Master” means the person appointed as such by the existing Trustees or the Trustees appointed under this Order;
“the new constitution date” means 1st November 2012; and
“the WGS 84” means the World Geodetic System, revised in 1984 and further revised in 2004.
2
References in the Caernarfon Harbour Acts and Orders 1793 to 1989 to “the Trustees” are to be taken on and after the new constitution date as references to the Trustees appointed under this Order.
3
In construing the provisions of the Harbours, Docks and Piers Clauses Act 1847 incorporated by article 3 of the 1989 Order the expression “the special Act ” means the 1989 Order and this Order.
PART 2 THE TRUSTEES OF THE TRUST
Constitution of the Trust
3
1
Subject to article 6, on and after the new constitution date the Trust shall consist of no more than ten trustees able to act as trustees of the Trust (in accordance with article 7) as follows —
a
one trustee appointed by Gwynedd Council;
b
one trustee appointed by Ynys Mon Council;
c
one trustee appointed by the Council of the Royal Town of Caernarfon;
d
six trustees appointed initially by the existing Trustees and subsequently by the Trustees appointed under this Order; and
e
the Harbour Master,
but the Trust shall be properly constituted at any time if there are no fewer than seven trustees (in office under this paragraph or article 5 or co-opted under article 6) able to act as trustees of the Trust.
2
A person must not be appointed under paragraph (1)(a) to (d) or article 5 or co-opted under article 6 to act as a trustee unless he has special knowledge, experience or ability appropriate to the efficient, effective and economic discharge of a trustee’s functions including, in particular (but without prejudice to the generality of the foregoing), special knowledge, experience or ability in one or more of the following —
a
management of harbours;
b
shipping or other modes of transport;
c
appropriate commercial or industrial experience;
d
financial expertise;
e
administration;
f
organisation of workers;
g
sport and recreational uses of harbours;
h
environmental issues;
i
specific knowledge of, or interest in, the local community and the wider community or the economic and social context within which the Trust operates;
j
tourism and leisure;
k
health and safety;
l
legal expertise; and
m
any other skills and abilities considered from time to time by the appointing bodies to be relevant to the discharge by the Trustees of their functions.
3
In making an appointment under paragraph (1) or article 5 the appointing body, or in co-opting a person under article 6 the Trustees, must have regard to any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
4
An existing Trustee shall be eligible for appointment or co-option to act as a trustee of the Trust on and after the new constitution date.
Appointment and terms of office
4
1
The initial appointments under article 3(1)(a) to (d) must be made as soon as practicable after the coming into force of this Order so that the persons appointed are able to act as trustees of the Trust on and after the new constitution date in accordance with paragraph (2).
2
Of the trustees appointed initially under article 3(1)(a) to (d) —
a
one must be appointed by Gwynedd Council and two must be appointed by the existing Trustees to hold office for a term of one year starting on the new constitution date;
b
one must be appointed by Ynys Mon Council and two must be appointed by the existing Trustees to hold office for a term of two years starting on the new constitution date; and
c
one must be appointed by the Council of the Royal Town of Caernarfon and two must be appointed by the existing Trustees to hold office for a term of three years starting on the new constitution date.
3
Subsequent appointments in any year under article 3(1)(a) to (d) shall be for a term of three years starting on the 1st November following the expiry of a previous term of office, and must be made so that the persons appointed are able to act as trustees of the Trust on and after that date.
Casual vacancies
5
1
A casual vacancy arising in the office of a trustee appointed under article 3(1)(a) to (d) must, unless it is not reasonably practical to do so, be filled, by the appointment, in accordance with articles 3(2) and (3) and 4, of a trustee as a replacement by the appointing body with power to appoint the trustee to be replaced.
2
A trustee appointed to fill a casual vacancy under this article shall, subject to articles 7 and 8 and paragraph 10 of Schedule 2, hold office during the remainder of the term for which the replaced trustee was appointed.
Power to co-opt trustees
6
The Trustees may co-opt not more than two persons to act as additional trustees for such period not exceeding a term of twelve months as the Trustees may specify at the time of the co-option.
Declaration to be made by a person appointed as a trustee
7
1
A person is able to act as a trustee of the Trust on or after the new constitution date or on or after any subsequent 1st November when he has made a declaration (whether before or after such date) substantially in the form set out in Schedule 1.
2
A person who fails to make such a declaration within three months of the date of his appointment ceases to be a trustee.
Disqualification
8
If the Trustees are satisfied that a trustee —
a
has without the permission of the Trustees been absent from duly convened meetings of the Trust —
i
for a period during which three such meetings have been held, or
ii
for a period of three months,
whichever of these periods is the longer; or
b
has become bankrupt or has entered into an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a trustee; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a trustee,
the Trustees may declare the office of that trustee to be vacant with effect from the date of that declaration.
Further provisions relating to trustees
9
Schedule 2 has effect.
PART 3 MISCELLANEOUS AND GENERAL
Indemnity insurance for trustees
10
The Trust may enter into, and pay premiums for, a contract of insurance to indemnify the Trustees jointly and severally against personal liability arising from any act or omission of the Trustees or any of them, not being an act or omission which the Trustees or, as the case may be, the trustee knew to be a breach of duty or, concerning which the Trustees or, as the case may be, the trustee was reckless as to whether it was such a breach.
Power to carry on trade or business
11
1
The Trust may carry on a trade or business of any kind that conduces to the efficient and economical performance by the Trust of its functions in respect of Caernarfon Harbour, including, without prejudice to the generality of the foregoing, a trade or business carried on in conjunction with another person.
2
The powers of the Trust under this article are additional to the powers of the Trust under section 37 of the Docks and Harbours Act 1966 .
Revocation
12
On the new constitution date articles 3(2), 4 to 8, 9(1), (2) and (3), 13 and 14 of the 1989 Order are revoked.
Extension of limits of jurisdiction
13
The limits within which the Trust has jurisdiction shall include the additional area.
Cesser of existing Trustees
14
On the new constitution date the existing Trustees cease to be trustees of the Trust.
Advisory Committee
15
1
The Trustees must establish an Advisory Committee which they must consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of Caernarfon Harbour.
2
The Trustees must make arrangements for the Advisory Committee to meet not less than twice a year.
3
The Trustees must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Advisory Committee whether or not the Advisory Committee has been consulted by the Trustees on the matter, recommendation or representation.
4
The Trustees must appoint the following members of the Advisory Committee —
a
one nominated by the Welsh Yachting Association;
b
three nominated by sailing clubs or yachting clubs using Caernarfon Harbour, no club being entitled to make more than one nomination;
c
one nominated by the Countryside Council for Wales;
d
one nominated by the Menai Strait Users Association;
e
one nominated by the Environment Agency Wales;
f
one nominated by the Welsh Government Fisheries Unit;
g
one nominated by Plas Menai National Watersports Centre; and
h
one nominated by the operators of Portdinorwic Marina,
and they may appoint up to four members chosen by them to represent persons interested in Caernarfon Harbour other than those mentioned in the preceding sub-paragraphs, but the committee shall be properly constituted at any time if there are no fewer than eight members appointed.
5
If it appears to the Trustees in the case of any of the nominations referred to in paragraph (4) that the body by which the nomination is to be made has refused or failed to nominate a person for appointment as a member within a reasonable time of being requested by the Trustees to do so, or if the body by which any of nominations is to be made has ceased to have an identifiable existence, the appointment must be made by the Trustees after consultation with the Advisory Committee and the persons (if any) appearing to the Trustees to be representative of the interests represented or formerly represented by the nominating body.
6
The Chairman of the Trustees, or his representative, and the Harbour Master, or his representative, shall be entitled to attend any meeting of the Advisory Committee.
7
The Advisory Committee may determine its quorum and procedure and must appoint one of its members to chair the committee with a casting vote.
8
A member of the Advisory Committee may, on giving notice in writing to the chairman of the committee, send a representative to any meeting of the committee.
9
A member of the Advisory Committee shall hold office for a term of three years from the date of his appointment and at the end of that term shall be eligible for reappointment.
10
A member of the Advisory Committee may resign his office at any time by notice in writing to the Chairman of the Trustees.
11
If a member of the Advisory Committee resigns his office or if his term of office is terminated by the Trustees because, in the opinion of the Trustees, he is no longer able to perform his functions as a member or if for any other reason he ceases to be a member, the Trustees may appoint a person as a member in his place for the remainder of his term of office, after consultation with the persons (if any) appearing to the Trustees to be representative of the interests represented by the former member.
Signed by authority of the Marine Management Organisation
J. Cross
Chief Executive Officer
An authorised employee of the Marine Management Organisation
27th July 2012
SCHEDULE 1
FORM OF DECLARATION BY PERSONS APPOINTED TRUSTEES
Article 7
SCHEDULE 2
FURTHER PROVISIONS RELATING TO TRUSTEES
Article 9
Appointment of a Chairman and Vice-Chairman of the Trustees
1
The Trustees must appoint a Chairman of the Trustees from among the trustees appointed under articles 3(1)(a) to (d) or 5.
2
The first Chairman holding office after the new constitution date must be appointed at the first meeting of the Trustees after that date and, subject to paragraph 7, shall, unless he resigns his office of Chairman or ceases to be a trustee, continue in office as Chairman until his initial term of office as a trustee has expired.
3
Subject to paragraph 7, every Chairman subsequently appointed under paragraph 1 shall, unless he resigns his office of Chairman or ceases to be a trustee, hold office for a term of three years.
4
The Trustees must appoint a Vice-Chairman of the Trustees from among the trustees appointed under articles 3(1)(a) to (d) or 5.
5
The first Vice-Chairman holding office after the new constitution date must be appointed at the first meeting of the Trustees after that date and, subject to paragraph 7, shall, unless he resigns his office of Vice-Chairman or ceases to be a trustee, continue in office as Vice-Chairman until his initial term of office as a trustee has expired.
6
Subject to paragraph 7, every Vice-Chairman subsequently appointed under paragraph 4 shall, unless he resigns his office of Vice-Chairman or ceases to be a trustee, hold office for a term of three years.
7
If the Trustees are satisfied that the person who is Chairman or Vice-Chairman should cease to hold office as such, they may terminate his office as such and appoint another trustee to be the Chairman or Vice-Chairman during the remainder of the term for which the former Chairman or Vice-Chairman was appointed.
8
1
On a casual vacancy occurring in the office of Chairman or Vice-Chairman, the vacancy must be filled by the Trustees from among the trustees appointed under articles 3(1)(a) to (d) or 5 at a meeting held as soon as possible after the vacancy occurs.
2
Subject to paragraph 7, a trustee appointed under this paragraph to fill a casual vacancy in the office of Chairman or Vice-Chairman shall, unless he resigns his office or ceases to be a trustee, hold that office during the remainder of the term for which the former Chairman or Vice-Chairman was appointed.
Meetings of the Trustees
9
1
The Trustees must meet at least six times in each year, each meeting to be convened by the Harbour Master on the date fixed by him.
2
The Harbour Master must make arrangements for notice of each meeting to be given to each of the other trustees.
3
The Harbour Master must convene the first meeting of the Trustees after the new constitution date as soon as practicable.
Vacation of office by Trustees
10
A trustee (other than the Harbour Master) may resign his office at any time by notice in writing to the Chairman of the Trustees or if that trustee is the Chairman, to the Vice-Chairman.
Reappointment of Trustees
11
1
Subject to the provisions of this paragraph, a vacating trustee is eligible for reappointment as a trustee unless disqualified from office under article 8.
2
A vacating trustee who is not the Chairman but who has held office for three consecutive terms immediately before the date in question, is not eligible for reappointment as a trustee.
3
A vacating trustee who is the Chairman but who has held office as a trustee for four consecutive terms immediately before the date in question is not eligible for reappointment as a trustee.
4
In this paragraph “term” does not include —
a
a term referred to in article 4(2)(a) or (b),
b
the remainder of a term during which the trustee was appointed to fill a casual vacancy under article 5,
c
the term of a trustee co-opted under article 6, or
d
any term served by the trustee prior to the new constitution date.
Reappointment of a Chairman
12
1
A Chairman is not eligible for reappointment as the Chairman of the Trustees where, immediately before the date in question, he has served as Chairman for three consecutive terms.
2
In this paragraph “term” does not include —
a
a term served by a trustee as Chairman under paragraph 2 where that term is shorter than three years;
b
the remainder of a term during which the trustee was appointed to fill a casual vacancy in the office of Chairman under paragraph 8; or
c
any term served by the trustee as Chairman prior to the new constitution date.
Committees
13
The Trustees may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions other than the functions set out in paragraph 9B(a) to (f) of Schedule 2 to the Harbours Act 1964 to a committee of the Trustees.
Proceedings of the Trustees and Committees and Declaration of Interests
14
The acts and proceedings of the Trustees, or of any committee of the Trustees, are not invalidated by any defect in the appointment, or the qualification for appointment, of any person as a trustee, or as Chairman or Vice-Chairman of the Trustees or as a member of a committee of the Trustees.
15
The quorum required for a meeting of the Trustees is five.
16
1
If a trustee has any financial or other interest, direct or indirect —
a
in any contract or proposed contract to which the Trustees are or would be a party or is a director of a company or body with which the contract or proposed contract is made or proposed to be made, or
b
in any other matter with which the Trustees are concerned,
that trustee must declare such interest.
2
A trustee who is present at a meeting of the Trustees or of any committee of the Trustees at which a contract, proposed contract or other matter in which he has such an interest is to be considered must —
a
as soon as is practicable after the commencement of that meeting disclose that interest;
b
not vote on any question with respect to that contract, proposed contract or matter; and
c
withdraw from the meeting —
i
while a decision on that contract, proposed contract or matter is being made, and
ii
at any other time if required by a resolution of the Trustees.
3
This paragraph does not apply to any interest —
a
which a trustee has in respect of the payment to the Trust of harbour dues; or
b
which arises in respect of the provision of harbour services or facilities affecting the trading community in general; or
c
which a trustee has as an employee of a public utility undertaking or as a shareholder, not being a director, of a company, unless that trustee possesses more than five per cent of the issued share capital of that company; or
d
which the Trustees present at the meeting by resolution declare to be too remote.
17
In the absence or incapacity of the Chairman the person for the time being holding office as the Vice-Chairman of the Trustees has and may exercise all the functions of the Chairman.
18
If at any meeting of the Trustees neither the Chairman nor the Vice-Chairman are present the trustees present at that meeting must choose one of their number to chair the meeting.
19
1
Subject to article 12 of the 1989 Order, every question at a meeting of the Trustees or of a committee of the Trustees shall be decided by a majority vote of the trustees present and voting.
2
At any meeting of the Trustees or of a committee of the Trustees where there is an equality of votes on any question the chairman of that meeting has a second or casting vote.
Authentication of the Seal and other Documents
20
1
The application of the seal of the Trustees must be authenticated by the signature of —
a
the Chairman of the Trustees or another trustee authorised by the Trustees to authenticate the application of the seal; and
b
the Harbour Master or a person authorised by the Trustees to act instead of the Harbour Master for that purpose.
2
The Trustees may authorise a person to act instead of the Harbour Master under this paragraph whether or not the Harbour Master is absent or incapable of acting.
3
Any notice, licence or other document given or issued by the Trustees is, unless the contrary intention is expressed, sufficiently authorised if signed by the Harbour Master or a duly authorised officer of the Trustees.
Remuneration of Trustees
21
The Trustees may pay to the Chairman and other trustees such salary, allowances and expenses as the Trustees from time to time determine.
General
22
Subject to the provisions of this Order and the 1989 Order, the Trustees may regulate their procedure and business in such manner as they determine. |
The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 158(10) of the Localism Act 2011 and 180(2A) of the Housing and Regeneration Act 2008 :
Citation, commencement and extent
1
1
These Regulations may be cited as the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 and come into force on 1st April 2012.
a
These Regulations apply only in relation to dwellings in England.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Housing Act 1985 ;
“the 2008 Act ” means the Housing and Regeneration Act 2008;
“the 2011 Act ” means the Localism Act 2011;
“Affordable Rent” means the rent payable in respect of a fixed term assured shorthold tenancy with a minimum two year term where the rent —
is excluded from the National Rent Regime, but
is regulated under a standard controlling rents set by the Regulator of Social Housing under section 194 of the 2008 Act which requires the initial rent to be set at no more than 80% of local market rent (including service charges);
“dwelling” has the meaning given in section 275 of the 2008 Act;
“funding condition” means a condition imposed by the Homes and Communities Agency or, in London, the Greater London Authority, when giving a grant to a private registered provider for the provision of social housing;
“Intermediate Rent” means the rent payable in respect of a periodic or fixed term assured shorthold tenancy where the rent —
is excluded from the National Rent Regime and is not regulated under a standard controlling rents set by the Regulator of Social Housing under section 194 of the 2008 Act, but
is subject to a funding condition which requires it to be no more than 80% of local market rent;
“Mortgage Rescue Rent” means the rent payable in respect of an assured shorthold tenancy of a dwelling let on a fixed term of three years where —
the freehold or superior leasehold of the dwelling was purchased by a private registered provider of social housing due to mortgage arrears; and
the rent is not included in the National Rent Regime, but is subject to a funding condition which requires it to be no more than 80% of local market rent;
“National Rent Regime” is the rent influencing regime set out in the Housing Corporation document of October 2001 and entitled “Rent influencing regime”, supplemented by the Explanatory Note to Decision Instrument No.5, issued by the Regulator of Social Housing to accompany its decision of 13th April 2011 entitled “Revision to the Tenancy Standard: Affordable Rent” ;
“private registered provider” and “social housing” have the same meanings as in the 2008 Act ;
“shared ownership rent” means the rent payable in respect of a lease of the kind referred to in section 70(4) of the 2008 Act.
Exclusion of certain assured shorthold tenancies from transfer of tenancy provisions
3
Section 158 of the 2011 Act does not apply in relation to —
a
an assured shorthold tenancy for a fixed term of less than two years,
b
a periodic assured shorthold tenancy,
c
an assured shorthold tenancy where the rent payable under the tenancy is —
i
Affordable Rent;
ii
Intermediate Rent;
iii
Mortgage Rescue rent; or
iv
shared ownership rent
(and accordingly, the transfer of tenancy provisions in that section do not apply in relation to assured shorthold tenancies of those kinds).
Exclusion of certain assured shorthold tenancies from the Right to Acquire
4
The following are not tenancies within section 180(2) of the 2008 Act —
a
an assured shorthold tenancy for a fixed term of less than two years,
b
a periodic assured shorthold tenancy, or
c
an assured shorthold tenancy where the rent payable under the tenancy is —
i
Intermediate Rent, or
ii
Mortgage Rescue rent
(and accordingly, the right to acquire referred to in that section does not apply in relation to assured shorthold tenancies of those descriptions).
Signed by the authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
5th March 2012 |
The Family Procedure (Amendment) Rules 2012
Citation and commencement
1
These Rules may be cited as the Family Procedure (Amendment) Rules 2012 and come into force on 6th April 2012.
Amendments to the Family Procedure Rules 2010
2
The Family Procedure Rules 2010 are amended in accordance with rules 3 to 29.
3
In rule 2.3(1) —
a
in the definition of “financial remedy” —
i
in sub-paragraph (c), after “Act” insert “except an application under section 13 of the 1984 Act for permission to apply for a financial remedy”; and
ii
in sub-paragraph (d), after “Act” insert “except an application under paragraph 4 of Schedule 7 to the 2004 Act for permission to apply for an order under paragraph 9 or 13 of that Schedule”; and
b
in the definition of “professional acting in furtherance of the protection of children” —
i
in sub-paragraph (c), for “; or” substitute “;”;
ii
in sub-paragraph (d), after “;” insert “or”; and
iii
after sub-paragraph (d), insert —
e
a member or employee of the Independent Safeguarding Authority, being the body established under section 1 of the Safeguarding Vulnerable Groups Act 2006 ;
.
4
In rule 4.1(8), after “which” insert “an application for”.
5
In rule 5.1 , after paragraph (5) insert —
6
Nothing in this rule requires a party to reveal any particulars referred to in rule 29.1(1) if notice of those particulars is given to the court in accordance with rule 29.1(2).
.
6
In rule 6.15(2)(b), for “affidavit” substitute “statement”.
7
In rule 7.6 —
a
the existing paragraph shall stand as paragraph (1); and
b
after paragraph (1) insert —
2
This rule applies to an application for —
a
a decree of divorce made under section 1 of the 1973 Act;
b
a decree of judicial separation made under section 17 of the 1973 Act;
c
a dissolution order as mentioned in section 37(1)(a) of the 2004 Act; or
d
a separation order as mentioned in section 37(1)(d) of the 2004 Act.
.
8
In rule 7.10(4), for “a party” substitute “the co-respondent”.
9
In rule 7.12, after paragraph (14) insert —
15
In paragraphs (3)(c), (8), (9) and (10), any reference to a respondent is to be read as including a reference to a co-respondent where the context so requires.
.
10
In rule 7.19 —
a
in paragraph (4) —
i
for “neither” substitute “no”;
ii
for “the other’s” substitute “another party’s”; and
iii
for “an affidavit” substitute “a statement”;
b
in paragraph (4)(c), after “the other party” insert “to the marriage or civil partnership”; and
c
after paragraph (4), insert —
5
A statement under paragraph (4) must be verified by a statement of truth.
.
11
In rule 7.20 —
a
in paragraph (5), after “an affidavit” insert “or a statement of truth”; and
b
after paragraph (7) insert —
8
Where a decree or order is made in accordance with a certificate under paragraph (2)(a), any person may, within 14 days after the making of the decree or order, inspect the certificate and the evidence filed under rule 7.19(4) (except any statement of arrangements for children) and may obtain copies.
9
Paragraph (8) does not apply to a certificate which relates to —
a
a decree of nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act; or
b
an order for nullity of civil partnership under section 50(1)(d) of the 2004 Act,
unless the court has given permission.
.
12
In rule 7.27(1)(c), after “2003” insert “ought to be determined by the court”.
13
In rule 7.32(4), after “file an affidavit verifying the explanation” insert “or to verify the explanation with a statement of truth”.
14
In rule 7.36 in paragraphs (2) and (3) omit “, on payment of the prescribed fee,”.
15
In the table following rule 8.20(1), in the row relating to applications for declarations of parentage, for the words in column 2 (Respondent), substitute —
i
The person whose parentage is in issue; and
ii
any person who is or is alleged to be the parent of the person whose parentage is in issue,
except where that person is the applicant.
.
16
In rule 9.14 —
a
in paragraph (2)(a), for “an affidavit” substitute “a statement of truth”; and
b
in paragraph (2A), for “affidavit” substitute “statement of truth”.
17
In rule 9.19 —
a
in paragraph (2)(a), for “an affidavit” substitute “a statement of truth”; and
b
in paragraph (2A), for “affidavit” substitute “statement of truth”.
18
After rule 9.26A , insert —
Adding or removing parties
9.26B
1
The court may direct that a person or body be added as a party to proceedings for a financial remedy if —
a
it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
b
there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.
2
The court may direct that any person or body be removed as a party if it is not desirable for that person or body to be a party to the proceedings.
3
If the court makes a direction for the addition or removal of a party under this rule, it may give consequential directions about —
a
the service of a copy of the application form or other relevant documents on the new party; and
b
the management of the proceedings.
4
The power of the court under this rule to direct that a party be added or removed may be exercised either on the court’s own initiative or on the application of an existing party or a person or body who wishes to become a party.
5
An application for an order under this rule must be made in accordance with the Part 18 procedure and, unless the court directs otherwise, must be supported by evidence setting out the proposed new party’s interest in or connection with the proceedings or, in the case of removal of a party, the reasons for removal.
.
19
In rule 9.36(5) —
a
for “paragraph (1)” substitute “paragraph (4)”; and
b
in sub-paragraphs (a)(i) and (b)(i) after “pension attachment order” insert “, or any order varying or discharging such an order,”.
20
In rule 11.4(1), for “(4A)” substitute “(5)”.
21
In rule 11.9, for “(whether under rule 11.7 or 11.8)” substitute “of a type referred to in rule 11.7 or 11.8”.
22
Rule 12.72(1) shall be renumbered as rule 12.72.
23
In rule 16.36(1), after “In” insert “specified proceedings (except where paragraph (2) applies), ”.
24
In rule 20.7(2)(a)(ii) —
a
for “a Lugano Contracting State or” substitute “a State bound by the Lugano Convention,”;
b
after “a Regulation State” insert “or a Maintenance Regulation State”; and
c
omit “the Maintenance Regulation”.
25
For rule 29.12, substitute —
Access to and inspection of documents retained in court
29.12
1
Except as provided by this rule or by any other rule or Practice Direction, no document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document shall be taken by, or issued to, any person without such permission.
2
A copy of an order made in open court will be issued to any person who requests it.
3
Subject to rules 14.24 and 29.1(2) and to any direction given by the court, a party to any family proceedings, or the legal representative, children’s guardian or litigation friend for a party in any family proceedings, may have a search made for, and may inspect, and obtain a copy of, any document filed or lodged in the court office in those proceedings.
4
Any person who intends to make an application in relation to a child under the 1980 Hague Convention in a Contracting State (as defined in rule 12.44) other than the United Kingdom shall, if the court is satisfied that that person intends to make such an application, be entitled to obtain a copy bearing the seal ( GL ) of the court of any order made in relation to the child under the 1989 Act or under the inherent jurisdiction, whether or not that person was a party to the proceedings in which the order was made.
.
26
In rule 32.1(4)(a), for “Hight” substitute “High”.
27
In rule 34.3(a) , omit “and sign”.
28
In rule 34.28A(1) —
a
in sub-paragraph (b), for “.” substitute “;”;
b
after sub-paragraph (b), insert —
c
“the 1968 Convention” has the meaning given in the 1982 Act.
; and
c
in the words in parentheses at the end of the rule, after “Section 1” insert “of Chapter IV ”.
29
In rule 34.39(3)(c) , for “Contracting State or Member State of the European Union” substitute “State”.
Savings and transitional provisions
30
1
In this rule, “the FPR ” means the Family Procedure Rules 2010.
2
In any case where a court has, before the date on which these Rules come into force, extended the period within which an application for a section 89 order (within the meaning given in the FPR) can be made, the FPR will apply as if rule 4 of these Rules had not been made.
3
The FPR as amended by rules 3(b), 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19(b), 23, 24, 25, 27, 28 and 29 of these Rules shall apply so far as is practicable to a given case which was commenced but not disposed of before these Rules came into force.
4
Where by reason of paragraph (3) the FPR as amended by these Rules do not apply to a given case, the FPR shall apply to that case as if rule 3(b), 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19(b), 23, 24, 25, 27, 28 or 29, as applicable, of these Rules had not been made.
Tim Becker
Richard Burton
Paul Carr
Chris Darbyshire
Bruce Edgington
Ruth Lindley-Glover
David Salter
Philip Waller
John Wilson
I allow these Rules
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
1st March 2012 |
The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2012
The Treasury make the following Order in exercise of the powers conferred by sections 1(2) and 2(3) of the Excise Duties (Surcharges or Rebates) Act 1979 :
Citation and commencement
1
1
This Order may be cited as the Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2012.
2
This Order comes into force on 1st January 2013 and has effect in relation to products that are charged with duty under the Oil Act on or after that date.
Interpretation
2
In this Order —
a
expressions used in this Order and in section 27(1) (interpretation) of the Oil Act have the same meaning as in the Oil Act;
b
“fuel oil” has the same meaning as in section 11(2) of the Oil Act ;
c
“fuel substitutes duty” means the duty charged by section 6A(1) of the Oil Act ;
d
“hydrocarbon oil duty” means the duty charged by section 6(1) of the Oil Act ;
e
“the Oil Act” means the Hydrocarbon Oil Duties Act 1979 .
Adjustments of liability to duty on hydrocarbon oil, biodiesel and bioethanol
3
The following are adjusted in accordance with Table A —
a
the liability to hydrocarbon oil duty in respect of the products listed in rows (a) to (d) ;
b
the liability to the duty charged on biodiesel by section 6AA(1) of the Oil Act ;
c
the liability to the duty charged on bioethanol by section 6AD(1) of the Oil Act ,
by the deduction from the amount payable of the percentages specified in column (C).
Table A
(A) (B) (C) (D)
(1)
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Product Amount payable before adjustment
(£ per litre)
Percentage deduction Amount payable after adjustment
(£ per litre)
(a) Unleaded petrol 0.6097 4.95 0.5795 (b) Light oil other than unleaded petrol 0.7069 4.27 0.6767 (c) Heavy oil 0.6097 4.95 0.5795 (d) Aviation gasoline 0.3966 4.94 0.3770 (e) Biodiesel 0.6097 4.95 0.5795 (f) Bioethanol 0.6097 4.95 0.5795
Adjustments of rights to rebate of duty on hydrocarbon oil
4
The following are adjusted in accordance with Table B —
a
the right to rebate allowed by section 11(1) (heavy oils not for road fuel use) of the Oil Act in respect of the products listed in rows (a) and (b) ;
b
the right to rebate allowed on kerosene by section 13AA(1) (kerosene not for road fuel use or heating) of the Oil Act ;
c
the right to rebate allowed on heavy oil by section 13ZA (certain heavy oil used for heating etc.) of the Oil Act ;
d
the right to rebate allowed on light oil by section 14(1) (light oil for use as furnace fuel) of the Oil Act ;
e
the right to rebate allowed on biodiesel by section 14A(2) (biodiesel not for road fuel use) of the Oil Act,
by the addition to the amount allowable of the percentage specified in column (C) .
Table B
(A) (B) (C) (D)
(1)
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Product Rebate allowable before adjustment
(£ per litre)
Percentage addition Rebate allowable after adjustment
(£ per litre)
(a) Fuel oil 0.4971 1.13 0.5027 (b) Gas oil 0.4925 1.18 0.4983 (c) Kerosene 0.4925 1.18 0.4983 (d) Other heavy oil 0.4971 1.13 0.5027 (e) Light oil 0.5943 0.94 0.5999 (f) Biodiesel 0.4925 1.18 0.4983
Adjustments of liability to fuel substitutes duty
5
1
This article applies where the rate of fuel substitutes duty for a product is prescribed by the Other Fuel Substitutes (Rates of Excise Duty etc.) Order 1995 by reference to the rate of hydrocarbon oil duty specified in the Oil Act for —
a
unleaded petrol,
b
light oil other than unleaded petrol,
c
heavy oil, or
d
aviation gasoline.
2
The liability to fuel substitutes duty in the case described by paragraph (1)(a) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (a) of Table A.
3
The liability to fuel substitutes duty in the case described by paragraph (1)(b) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (b) of Table A.
4
The liability to fuel substitutes duty in the case described by paragraph (1)(c) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (c) of Table A.
5
The liability to fuel substitutes duty in the case described by paragraph (1)(d) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (d) of Table A.
Robert Goodwill
Desmond Swayne
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 2012 |
The Road Safety Act 2006 (Commencement No. 8) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 61 of the Road Safety Act 2006 .
Citation
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 8) Order 2012.
Provisions coming into force
2
The following provisions of the Road Safety Act 2006 shall come into force on 21st May 2012 —
a
section 42 (driving instruction) insofar as it relates to paragraphs 1 and 24 of Schedule 6 (amendments to the Road Traffic Act 1988);
b
paragraph 1 of Schedule 6 insofar as it relates to paragraph 24 of Schedule 6; and
c
paragraph 24 of Schedule 6.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
10th May 2012 |
The Smoke Control Areas (Exempted Fireplaces) (England) 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) Order 2012;
b
applies in England; and
c
comes into force on 6th April 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) (No 2) Order 2011 is revoked.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th March 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 (1) 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 (1) 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 Angus Orligno 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-20111002” dated October 2011 Wood logs (1) 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 (1) 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 (1) 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 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 manufactured by Burley Appliances, Lands’ End Way, Oakham, Rutland, LE15 6RB Instruction manual reference “BUR/11/10” dated October 2011. Wood logs (1) Burley Debdale 5 kW stove 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 (1) Burley Hollywell SE 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 (1) 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 (1) 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 (1) 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 less than 20% moisture 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 less than 20% moisture 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 (1) 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 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 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 (1) 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 (1) 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 (1) 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 (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 (1) 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 (1) 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 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 those dated 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 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 (1) 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 (1) Ecowarm Crystal 6 manufactured by Saltfire Stoves Ltd, Units 1 and 2, The Omega Centre, Sandford Lane, Wareham BH20 4DY 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 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 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 (1) 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 (1) 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 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, Units 1 and 2, The Omega Centre, Sandford Lane, Wareham BH20 4DY Instruction manual references ‘ECO7 operation-Revision 2A’ dated 24th January 2011 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 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% 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 (1) 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 (1) 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 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 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 (1) 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 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 (1) 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 less than 20% moisture 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 less than 20% moisture 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 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 (1) 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 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 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 less than 20% moisture 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 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 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 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 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 (1) 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 per cent moisture and of a maximum length of 350mm Little Wenlock Classic 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 wood with a moisture content below 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 wood with a moisture content below 20% 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 (1) 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 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 (1) 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 (1) 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 less than 20% moisture 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 (1) 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 less than 20% moisture 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 less than 20% moisture 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 less than 20% moisture 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 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 (1) 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 of 20% moisture 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 (1) Saltfire Ecoview 5, Fireglow Eco 5, and Ecowarm Crystal 5 stoves. Manufactured by Saltfire Stoves Limited, Units 1 and 2 The Omega Centre, Sandford Lane, Wareham, Dorset, BH20 4DY 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 (1) Saltfire Ecoview 12, Fireglow Eco 12, and Ecowarm Crystal 12 stoves. Manufactured by Saltfire Stoves Limited, Units 1 and 2 The Omega Centre, Sandford Lane, Wareham, Dorset, BH20 4DY 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 (1) Saltfire Oslo-Eco manufactured by Saltfire Stoves Ltd, Units 1 and 2, The Omega Centre, Sandford Lane, Wareham BH20 4DY Instruction manual references ‘ECO7 operation-Revision 2A’ dated 24th January 2011 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 (1) 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 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. (1) 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 (1) 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture 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 wood of less than 20% moisture Woodpecker 15, 25 and 45 wood pellet boilers manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2FJ. Previously manufactured by Garranlea Renewables Ltd of Barnard, Garranlea, New Inn, Cashel, Co. Tipperary, Ireland Instruction manual references “ Europe Issue 4” dated July 2010 Wood pellets conforming to CEN TS 14961 Woodpecker Thermon 150 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2FJ Instruction manual references “Thermon Europe Issue 1” dated January 2011 6mm Wood Pellets Woodpecker Thermon 200 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre Preston Road. Yeovil. BA20 2FJ Instruction manual references “Thermon Europe Issue 1” dated January 2011 6mm Wood Pellets Woodpecker Thermon 250 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre, Preston Road. Yeovil. BA20 2FJ Instruction manual references “Thermon Europe Issue 1” dated January 2011 6mm Wood Pellets Woodpecker Thermon 300 boiler manufactured by Woodpecker Energy UK, Abbey Manor Business Centre, Preston Road. Yeovil. BA20 2FJ Instruction manual references “Thermon Europe Issue 1” dated January 2011 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 (1) 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 |
Supply and Appropriation (Anticipation and Adjustments) Act 2012
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —
Vote on Account for 2012-13
Vote on account for 2012-13
1
1
The use of resources for the year ending with 31 March 2013 is authorised up to the amount of £233,147,903,000.
2
Of the amount authorised by subsection (1) —
a
£212,774,765,000 is authorised for use for current purposes; and
b
£20,373,138,000 is authorised for use for capital purposes.
3
The Treasury may —
a
issue money out of the Consolidated Fund, and
b
apply it in the year ending with 31 March 2013 for expenditure authorised by Parliament,
up to the amount of £205,247,220,000.
Supplementary provision for 2011-12
Authorisation of supplementary provision for 2011-12
2
1
The amount up to which authorisation was conferred for the use of resources for the year ending with 31 March 2012 is to be treated as further increased by £12,103,394,000.
2
In relation to the further amount treated as authorised by subsection (1) —
a
£16,496,789,000 is to be treated as authorised for use for current purposes; and
b
the amount up to which there is authorisation for use for capital purposes is to be treated as reduced by £4,393,395,000.
3
The amount up to which authorisation was conferred on the Treasury —
a
to issue money out of the Consolidated Fund, and
b
to apply it in the year ending with 31 March 2012 for expenditure authorised by Parliament,
is to be treated as further increased by £7,343,405,000.
4
The increases for which subsections (1) , (2)(a) and (3) provide, and the reduction for which subsection (2)(b) provides, are to be treated as having had effect from the beginning of 1 April 2011.
Appropriation of supplementary provision for 2011-12
3
1
For the purpose of appropriating —
a
the amount of resources the use of which for the year ending with 31 March 2012 is authorised by section 2 (1) , and
b
the amount of money the issue of which out of the Consolidated Fund is authorised by section 2 (3) ,
the Main Estimates Act 2011 is to be treated as having effect with the adjustments provided for in Schedule 1 to this Act.
2
Schedule 1 specifies the amounts by which adjustments are to be treated as made to the amounts originally specified in the Scheduled Estimates in the Main Estimates Act 2011.
3
For the purpose of making the adjustments in Schedule 1 —
a
a negative adjustment has effect to reduce an amount of authorised expenditure and, where applied to an estimated surplus (which is expressed as if it were itself a negative amount), increases the amount of the surplus; and
b
a positive adjustment has effect to increase an amount of authorised expenditure and, where applied to an estimated surplus, reduces it.
4
Accordingly —
a
where an adjustment by a negative amount of more than the amount itself is made to an amount of authorised expenditure, what results is an estimated surplus; and
b
where an adjustment by a positive amount of more than the amount itself is made to the amount of an estimated surplus, what results is an amount of authorised expenditure.
5
Where, in Schedule 1, a description of matters to which expenditure may relate or from which income may arise (“description A”) differs from the description contained in the corresponding part of the Scheduled Estimates in the Schedule to the Main Estimates Act 2011 (“description B”), Schedule 1 has effect for adjusting that corresponding part by substituting description A for description B.
6
Where, in relation to a department, other person or service to which a Scheduled Estimate in the Schedule to the Main Estimates Act 2011 relates, Schedule 1 contains a new description of matters to which expenditure may relate or from which income may arise, Schedule 1 has effect for adjusting that Scheduled Estimate by treating the new description as included in it.
7
In this section —
“estimated surplus” has the same meaning as in the Main Estimates Act 2011;
“Main Estimates Act 2011” means the Supply and Appropriation (Main Estimates) Act 2011.
8
The adjustments made by virtue of this section are to be treated as having had effect from the beginning of 1 April 2011.
Excesses for 2010-11
Authorisation of excesses for 2010-11
4
The Treasury may issue out of the Consolidated Fund and apply to the service of the year ending with 31 March 2011 the sum of £347,072,000.
Appropriation of excesses for 2010-11
5
The sum authorised by section 4 for issue from the Consolidated Fund for application to the service of the year ending with 31 March 2011 is appropriated, and is to be treated as having been appropriated as from the date of the passing of the Appropriation Act 2011, for the services and purposes specified in Schedule 2.
General
Short title
6
This Act may be cited as the Supply and Appropriation (Anticipation and Adjustments) Act 2012.
SCHEDULES
SCHEDULE 1
Supplementary appropriations for financial year 2011-12
Section 3
Department for Education, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Education 80,143,000 Departmental Expenditure Limit 45,170,000 6,000,000 Expenditure arising from:
Capital, recurrent payments and loans in support of the Department's objectives for primary, secondary, tertiary and international education; children's services, including Early Years and Sure Start; Young Peoples services and welfare; curriculum; qualifications and the inspection regime; workforce development and reform; and pension costs for voluntary services overseas ( VSO ) participants. Expenditure covers both the Department itself and its Arms Length Bodies ( ALBs ), including set-up costs for new Departmental Executive Agencies, together with residual costs from ALBs being closed; loans to educational establishments. Expenditure also covers administration costs, for the Department and its ALBs, and for administration of the Teachers' Pension Scheme. Other non cash items.
* Expenditure on Departmental Executive Agencies.
Income arising from:
Contributions towards and receipts from the three National Executives, other Government Departments and other sources (including the EC ) in connection with a range of educational, training, children and family projects and initiatives in UK and overseas. Income also derives from sales of products and publications; rent, sales receipts and profits from surplus Departmental or former ALB properties, equipment or other assets (including some repayment of proceeds of sale), rental income from properties at the European School at Culham and repayments of grant overpaid in previous years. General administration receipts, including from Teachers TV , recoveries from services provided to Sure Start, international receipts, Schools Standards Fund receipts and Music Manifesto Champion. Recovery of salaries and associated costs for seconded staff.
* Receipts from the sale of the Partnerships UK joint venture.
Annually Managed Expenditure -127,943,000 0 Expenditure arising from:
Take up and maintenance of Departmental provisions and other non cash items.
TOTAL -82,773,000 6,000,000 80,143,000
Teachers' Pension Scheme (England & Wales), 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Teachers' Pension Scheme (England & Wales) 164,453,000 Annually Managed Expenditure -37,079,000 0 Expenditure arising from:
Superannuation allowances and gratuities, and other related expenditure, in respect of teachers and the widows, widowers, children and dependants of deceased teachers, and for premature retirement and compensation payments made to members of the Teachers' Pension Scheme and on behalf of their employers; and associated non-cash items.
Income arising from:
Receipts from employers and employees superannuation contributions; transfer values received; deductions from returns of contributions towards payment in lieu of graduated national insurance contributions equivalent premiums; recovery of contributions equivalent premiums from the state pension scheme; amounts received from employers of teacher's scheme members in reimbursement of the cost of premature retirement compensation payments on their behalf by Capita.
TOTAL -37,079,000 0 164,453,000
Office for Standards in Education, Children's Services and Skills, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Office for Standards in Education, Children's Services and Skills -4,520,000 Departmental Expenditure Limit -4,820,000 300,000 Expenditure arising from:
Serving the interests of children, young people, parents, adult learners, employers and the wider community in England by promoting improvement in quality of education, skills and young peoples care through independent inspection, regulation and reporting.
Income arising from:
The registration of childcare providers, inspection for the care and support of children and young people, some maintained, independent schools and further education colleges, and publicly funded adult education and training.
Transactions with departmental and other government bodies: miscellaneous asset sales and recoveries, property charges made to minor occupiers, charges for training of inspectors other than Ofsted staff (including training materials and licences).
Annually Managed Expenditure 1,000,000 0 Expenditure arising from:
Provisions and other non-cash items in AME
TOTAL -3,820,000 300,000 -4,520,000
Department of Health, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department of Health 816,914,000 Departmental Expenditure Limit 531,113,000 -76,435,000 Expenditure arising from:
Revenue and capital expenditure for National Health Services ( NHS ) bodies including strategic health authorities and primary care trusts under their unified budgets, services provided by NHS Trusts and NHS Foundation Trusts. Expenditure by bodies on research and development. Subsidies and grants to public corporations.
Other centrally managed health and social service expenditure to and on behalf of the NHS, local authorities and other national bodies.
Forming, investing in or providing loans or guarantees to companies that will provide facilities or services to the NHS.
Payment to local authorities for use in local area agreements.
Services provided to or on behalf of devolved governments and other government departments. Non departmental public bodies expenditure on health and social care protection, training and regulation functions.
Revenue and capital expenditure on administration of the Department, non departmental public bodies, primary care trusts, special health authorities, strategic health authorities, agencies and certain expenditure on behalf of the Department for Work and Pensions and the NHS.
Centrally managed expenditure on local government services, prison health services, medical, scientific and technical services, services for disabled persons, education and training, grants to voluntary organisations and other bodies, information services, healthy start programme, health promotion activities (including funding through the Department for Culture, Media and Sport).
Grants to local authorities.
Medical treatment given to people from the United Kingdom in the European Economic Area and other countries.
Home Office inspection of laboratories. Payments and subscriptions to international organisations.
Associated depreciation and any other non cash costs falling in DEL items.
Income arising from:
Charges for accommodation, sales of goods and services, income generation schemes; local authorities under joint financing arrangements; fines and penalty notices; medical and dental education levy. Licensing of software, use of NHS logo, settlement of legal claims, dividends and interest from loans and investments, intellectual property, research and development, prescription fraud charges, NHS prescriptions, dental and ophthalmic fraud charges.
Recoveries from patients in respect of incorrect claims for eligibility for general ophthalmic services; rebates and discounts from manufacturers under the pharmaceutical price regulation scheme and purchasing and supply agency arrangements.
Sales of medicines, vaccines, antivenoms, antitoxins and equipment, premiums applied to the sale of stock.
Social exclusion programmes and agenda for change programme.
Income from the Scottish Government, the Welsh Assembly Government, Northern Ireland, Channel Islands and Isle of Man for services provided for devolved or reserved work.
Provision of policy and advice to other countries and care trusts. Maintenance of the National Joint Registry, conference and meeting events, prison health services, contributions to substance misuse funding, use of radio communication bandwidth.
Income secured by counter fraud services from all sources.
Compensation income including the National Programme for IT.
Administration income from seconded officers, cost of legal proceedings, staff telephone calls, European fast stream Programme. Recoveries from other government departments (including capital grants), special health authorities and NHS bodies. Selling services into wider markets and open government, payment by commercial tenants in DH buildings.
Licence fees and royalties, sales of publications, contributions by members of the public, insurance claims.
Other European Economic Area countries for NHS treatment of their residents. Sales of subsidised dried milk. Income from the European Union.
Contributions from the mobile phone industry, charitable contributions, refunds from voluntary organisations.
Contributions to local authority grant schemes. Contributions and refunds towards communication campaigns contracts. Penalty charges, interest and dividends on trading fund loans.
Sales of land, buildings, surplus vehicles and equipment .
* Income collected on behalf of health innovation and education clusters.
Annually Managed Expenditure 978,109,000 0 Expenditure arising from:
Revenue and capital expenditure for hospital financing under credit guarantee finance. Non cash expenditure by NHS bodies including strategic health authorities and primary care trusts under their unified budgets, services provided by NHS Trusts and NHS Foundation Trusts, central department administration, non departmental public bodies and centrally managed budgets.
Provisions and other non-cash costs falling in AME.
Income arising from:
* Repayment of loans, interest and dividends.
TOTAL 1,509,222,000 -76,435,000 816,914,000
National Health Service Pension Scheme, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
National Health Service Pension Scheme 988,987,000 Annually Managed Expenditure -255,374,000 0 Expenditure arising from:
pensions, allowances, gratuities, transfers to alternative pension arrangements, refunds of contributions, compensation for early retirement, to or in respect of persons engaged in health services or in other approved employment and other non-cash items.
Income arising from:
superannuation contributions, inward transfer values, deductions from superannuation contributions and lump sum payments in lieu of graduated contributions, and contributions equivalent premiums ( CEPs ).
TOTAL -255,374,000 0 988,987,000
Food Standards Agency, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Food Standards Agency -900,000 Departmental Expenditure Limit -1,650,000 750,000 Expenditure arising from:
protecting the public from public health risks related to food safety and protecting related consumer interests; staff and overhead costs for both administration and programme support; inspections, animal welfare surveillance, meat hygiene and official controls; controls on primary production; managing research and evidence gathering, food incidents, prosecutions, debt recovery, food and animal feed policy development and enforcement; European Union and international activity on official controls; advice and education, marketing and publications; funding for depreciation, audit fee and other non-cash items.
Income arising from:
meat hygiene inspections; approvals and delivery of official controls and controls on primary production of food and feed hygiene enforcement, wine standards and other food-related activities; risk assessments, evidence and research, testing, sampling, enforcement and surveillance work for other UK Government and European Union bodies; assessments/consultations on radioactive discharges; and sub-letting of accommodation and associated services.
TOTAL -1,650,000 750,000 -900,000
Department for Transport, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Transport 290,137,000 Departmental Expenditure Limit -250,024,000 -19,705,000 Expenditure arising from:
losses and special payments relating to the administration of the Department for Transport and its associated Agencies. Support of transport related activities including roads; vehicles and driving; rail; shipping and maritime; mountain rescue; ports; sustainable travel; aviation; local transport; transport security and safety; and highway services. Net spending by non departmental public bodies. Grants to Transport for London and local authorities in respect of local transport programmes. Support for other minor transport services; use of European funding for transport related schemes; support for the Olympic and Paralympic Games, administrative costs and associated other non-cash items falling in DEL.
* Smart-ticketing and related technology.
Income arising from:
sales of assets; loan repayments; and European grants for transport related activities including roads; vehicle and driving; rail; shipping and maritime; mountain rescue; ports; sustainable travel; aviation; local transport; transport security and safety; highway services; the administration of the Department and payments from other government departments or their agencies in respect of central services.
* Shipping and maritime income including, but not limited to Registration fees.
Annually Managed Expenditure -256,094,000 0 Expenditure arising from:
grant and pension provisions and associated non-cash costs incurred by the Department for Transport and its associated Agencies in respect of transport related activities including roads; vehicle and driving; rail; sustainable travel; aviation; local transport; transport security and safety; and highway services.
* Shipping and maritime activities.
TOTAL -506,118,000 -19,705,000 290,137,000
Office of Rail Regulation, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Office of Rail Regulation 2,184,000 Departmental Expenditure Limit 300,000 0 Expenditure arising from:
Administration of ORR , its support establishments, all associates of non-cash items and all activities as the combined economic and safety regulator including health and safety matters,
The regulation of access to railways,
The promotion of rail services, efficiencies and economy for those providing railway services,
Protecting the interests of railway services and railway users.
Income arising from:
Regulatory licences, concession agreements, levies,
Charges for courses and officers loaned to other organisations,
Income from publications and library services,
Travel costs from the European Community,
Income from High Speed 1 Limited; Channel Tunnel Intergovernmental Commission; Channel Tunnel Authority,
Income from recovery actions in connection with the successful legal cases and charges for administrative services to other government departments.
Annually Managed Expenditure -300,000 0 Expenditure arising from:
The creation of provisions and non-cash items in relation to our activities.
Income arising from:
Other activities, Levies and Regulatory fees.
TOTAL 0 0 2,184,000
Department for Communities and Local Government, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Communities and Local Government 1,396,937,000 Departmental Expenditure Limit - DCLG Communities -104,106,000 392,397,000 Expenditure arising from:
responsibility for the fire and rescue services, the Fire Service College trading fund; decentralising power to citizens and communities and promoting the Big Society including support to local areas and the voluntary and community sector to improve social and community action and increase empowerment to local communities; promoting race, gender and faith equality; tackling extremism and promoting sustainable, cohesive and integrated communities;
responsibility for housing to buy and rent; tenant empowerment; homelessness, rough sleepers and supporting people to stay in their homes; building standards; support for homeowners; planning; Planning Inspectorate; encouraging action at neighbourhood level; promoting local environmental improvement including architecture;
responsibility for regeneration and economic growth at the local level; Regional Growth Fund; European Regional Development Fund and Interregional assistance ( INTERREG); Olympics and Olympic Park legacy; Iron Bridge Gorge and other land stabilisation; zero carbon and climate change;
analytical services; research, monitoring, statistics, advice and consultancies; geographical and statistical data; mapping data and services; Ordnance Survey trading fund; the Queen Elizabeth II Conference Centre trading fund; personal injury compensation claims by ex-employees (including those employed by predecessor departments); subscriptions and contributions to international organisations;
administration of the Department for Communities and Local Government , its NDPBs and associated offices including the closure of the Government Offices; publicity, promotion and publications; communications; purchase, acquisition, hire, lease and rent of land, buildings, plant, equipment, machinery, vehicles and capital assets; special payments;
net spending by NDPBs ( FiReBuy, Homes and Communities Agency, Infrastructure Planning Commission, Leasehold Advisory Service, London Thames Gateway Development Corporation, Residential Property Tribunal Service, Tenant Services Authority, Thurrock Development Corporation, West Northamptonshire Development Corporation, Building Regulations Advisory Committee); payments to other Government Departments in support of DCLG policy; and associated depreciation and any other non-cash costs falling in DEL. * Local Services Support Grant; responsibility for tackling Troubled Families.
Income arising from:
responsibility for the fire and emergency services; inspections by the Crown Property Inspection Group; Fire Service College trading fund;
recovered grants relating to housing and regeneration programmes; the Planning Inspectorate; the European Union; former Single Regeneration Budget programme receipts;
research and administrative services, fee paying enquiries, dissemination and sales of information, royalties; the loan, hire and storage of equipment; seminars, patent rights, conferences and publications (in print and non-print media); sponsorship, including contributions from co-sponsors towards the cost of research, surveys and publicity; the Ordnance Survey and Queen Elizabeth II Conference Centre trading funds; donations; the disposal of land, buildings, water stores, plant, equipment, machinery, vehicles and capital assets; recoveries of seconded staff salaries; receipts for the use of accommodation; rental income and receipts from property and land; legal claims, including extra-contractual claims for defective work, awards of court costs and out of court settlements;
receipts (including fees and charges for services) from local authorities and other Government Departments including agencies, non-departmental public bodies and overseas governments.
* Receipts relating to the Olympic Park.
Departmental Expenditure Limit - DCLG Local Government 650,219,000 50,000 Expenditure arising from:
financial support to local authorities, including revenue support grant and national non-domestic rates; council tax freeze, emergency assistance, elected mayors; improvement, transformation and efficiency; intervention action and capacity building in local authorities; local government reviews and revisions to administrative and electoral boundaries; payments to specified bodies; payments to the Valuation Office Agency for rating and valuation services; Audit Commission disbanding costs; GLA General Grant; Private Finance Initiative Special Grant.
net spending by NDPBs (Commission for Local Administration, Standards Board for England, Valuation Tribunals); and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
* receipts (including fees and charges for services) from local authorities and other Government Departments including agencies, non-departmental public bodies and overseas governments.
Annually Managed Expenditure 459,901,000 -288,000,000 Expenditure arising from:
fire superannuation; Housing Revenue Account subsidy; overhanging debt payments on disposal of local authority housing stock; loan charges; repayments of excess contributions made by local authorities in respect of non-domestic rates; Planning Inspectorate;
net spending of NDPBs ( Homes & Communities Agency, London Thames Gateway Development Corporation, Thurrock Development Corporation; Residential Property Tribunal Service).
Income arising from:
housing revenue receipts from local authorities; adjustments to commuted loan charges or residual loan charge grants; receipts relating to the Olympic Park.
TOTAL 1,006,014,000 104,447,000 1,396,937,000
Department for Business, Innovation and Skills, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Business, Innovation and Skills 1,505,407,000 Departmental Expenditure Limit 2,863,950,000 32,904,000 Expenditure arising from:
The promotion of enterprise, innovation and increased productivity delivered through the portfolios of innovation, international trade and investment, regional investment, delivering regulatory reform, and measures to combat international bribery and corruption.
The provision of support for business, including support for specific industries, small and medium businesses, regional programmes, programmes to promote research and development, innovation and standards, best practice and sustainable development.
The promotion of strong, fair and competitive markets at home and abroad; measures to protect investors and to promote the interests of consumers; support for employment relations programmes and measures to promote a skilled and flexible labour market.
The efficient management and discharge of liabilities falling to the Department, including nuclear waste management and decommissioning and liabilities in respect of former shipbuilding industry employees.
The management of the Government's shareholder interest in the portfolio of commercial businesses wholly or partly owned by Government; management of the Government's property portfolio; providing financial assistance to public corporations and trading funds including Ofcom.
The management of miscellaneous programmes, including payments in respect of claims for the restitution of the property of victims of Nazi persecution, compensation for distant water trawlermen and assistance to redundant steelworkers.
The payment of subscriptions to international organisations, including payments to the Department for Work and Pensions for the UK subscription to the International Labour Organisation, and to fulfil international treaty obligations.
The management of Departmental exchange risk and other guarantee losses; payments to other Government Departments and the Devolved Administrations, the expenditure of arms-length organisations and other funding to organisations in relation to programmes supporting BIS objectives, including Non-Departmental Public Bodies and the Department's executive agencies, and payments to the Department for Education.
Education-related expenditure covers payments, grants and loans to organisations in the public, private and other sectors, including employers, community, voluntary and business support organisations, to individuals and other Government Departments and the Devolved Administrations. Expenditure relates primarily to England, but in some cases includes supporting activities in other parts of the United Kingdom and abroad.
Increasing science and research excellence in the UK and maximising its contribution to society through the Research Councils; the Royal Society; the Royal Academy of Engineering; the British Academy; and the Higher Education Funding bodies.
The promotion of Science in Society; Public Sector Research Establishments grants; contributions to the Science and Innovation Network including payments to the Foreign and Commonwealth Office; funding Foresight projects and research base initiatives and obtaining licences for research involving animals.
Helping to build a competitive economy by creating opportunities for everyone to develop their learning and skills through further, higher and other education provision and initiatives for young people and adults; Providing research and related initiatives at institutions delivering higher education; training, skills, enterprise, assessment and advice and guidance provision for young people, adults and employers and related initiatives.
The provision of financial and other support for students and trainees including grants, allowances, access funds, loans and their repayment; the resource consequences of loans to students; support for students through Local Authorities; the cost of sales of the student loan debt; reimbursement of fees for qualifying European Union students; post graduate awards; mandatory student awards; education maintenance allowances and childcare and transport support and loans.
Funding initiatives to support, improve and promote education, training, skills and student and trainee support and investments and loans to support Private Finance Initiatives; and programmes supported by the European Union.
The residual costs of the winding up of the Training and Enterprise Councils ( TECs ); the distribution of residual TEC assets returned to the Secretary of State under the terms of the TEC licence.
The activities of BIS's Partner Organisations: the Regional Development Agencies; the Skills Funding Agency; the Higher Education Funding Council for England; the Student Loans Company; the UK Commission for Employment and Skills; the Office for Fair Access; other Education-related bodies; Industrial Construction Training Boards; the Research Councils and associated bodies; the UK Space Agency; the Design Council; the Technology Strategy Board; Capital for Enterprise; the Local Better Regulation Office; the Advisory, Conciliation and Arbitration Service, Consumer Focus, the Competition Service, the Competition Commission, the Insolvency Service, the National Measurement Office and the United Kingdom Atomic Energy Authority.
Making payments to Local Authorities in respect of Local Area Agreements and New Burdens responsibilities; funding administration costs including a share of the costs of UK Trade & Investment and the expenses of the Office of Manpower Economics.
Other non cash items.
* Providing financial assistance to Land Registry, Ordnance Survey and the Meteorological Office, and expenditure on the activities of the Learning and Skills Improvement Service, the Financial Reporting Council, the Wave Hub, MRC Technology, the Ufi Charitable Trust, and subsidiaries and shares in joint ventures of the Research Councils, the Regional Development Agencies and BIS, the public weather service and Ordnance Survey.
Income arising from:
Contributions from other Government Departments supplying resources which BIS will use to fund Partner Organisations; receipts from the Department for Communities and Local Government, the Department for Environment, Food and Rural Affairs, the Department of Energy and Climate Change in relation to the Regional Development Agencies and the London Development Agency; miscellaneous receipts from other Government Departments.
The Advisory, Conciliation and Arbitration Service, the Insolvency Service, legal services, consultancy, publications, secondments, departmental administration costs, central services, executive agencies and trading funds.
Ofcom receipts, receipts from the Postal Services Commission and the Office of Gas and Electricity Markets to cover the costs of the relevant consumer bodies.
Receipts from licences and levies; Launch Investment receipts, Capital Venture Funds receipts; premium income and other receipts from Financial Guarantee schemes, and of dividends; equity withdrawals; interest on loans and loan repayments from the UK Intellectual Property Office and Companies House.
Contributions from the Department of Health towards the UK Centre for Medical Research and Innovation.
The Department for Education for 14-19 programmes; contributions from the National Assembly for Wales; receipts to support the UK Commission for Employment and Skills; contributions from the Scottish Executive, the National Assembly for Wales, the Northern Ireland Executive and others towards education programmes and international programmes.
Contributions from other Government Departments and other sources towards the cost of promoting UK education and training overseas; London Challenge receipts; receipts from the Department of Health; student loan interest receivable; student support receipts; further and higher education receipts from the Department for Education; receipts from the Home Office for offender education; receipts from the Department for Communities and Local Government for Faith Leader project; the Further Education improvement programme, the Skills for Life programme and the Learning and Skills Improvement Service.
European Fast Stream receipts; repayment and default recoveries by banks in respect of career development loans; receipts for student support; repayment of working capital loans; receipts from outside organisations (including the EU ) in respect of advertising and publicity activities and materials; sale of research publications; receipts from the European Social Fund to cover departmental programmes; Sponsorship Funding.
Receipts covering the return of assets from the Training and Enterprise Councils (TECs) as part of their winding-up process; receipts from the wind-down of Individual Learning Accounts; receipts and profit from the sale of surplus land, buildings and equipment; rental income from BIS properties including three domestic properties on the estate of the European School of Culture at Culham, Oxfordshire and from the National Physical Laboratory.
* Receipts and dividends from the Land Registry, Ordnance Survey and the Meteorological Office, the Learning and Skills Improvement Service, the Financial Reporting Council, the Wave Hub, MRC Technology, the Ufi Charitable Trust, and subsidiaries and shares in joint ventures of the Research Councils, the Regional Development Agencies and BIS, the public weather service and Ordnance Survey.
Annually Managed Expenditure 82,951,000 -270,734,000 Expenditure arising from:
Corporation Tax levied on the RDAs; bad debts, impairments and provisions including those in relation to BIS's Partner Organisations: the Regional Development Agencies; the Skills Funding Agency; the Higher Education Funding Council for England; the Student Loans Company; the UK Commission for Employment and Skills; the Office for Fair Access; the Research Councils, the UK Space Agency, the Design Council, the Technology Strategy Board, Capital for Enterprise, the Local Better Regulation Office, Consumer Focus, the Competition Service, the Competition Commission, the Advisory, Conciliation and Arbitration Service, the Insolvency Service, the National Measurement Office and the United Kingdom Atomic Energy Authority.
The Redundancy Payments Service.
Bad debts, impairments and provisions in relation to: departmental administration; financial guarantee schemes; regional investment and programmes; enterprise for small and medium firms; provision of support for business, including support for specific industries; support for employment relations programmes and measures to promote a skilled and flexible labour market; miscellaneous programmes, including payments in respect of claims for the restitution of the property of victims of Nazi persecution, compensation for distant water trawlermen and assistance to redundant steelworkers.
The efficient management and discharge of liabilities falling to the Department, including nuclear waste management and decommissioning and liabilities in respect of former shipbuilding industry employees.
The provision of repayable credit facilities for Royal Mail and Post Office Ltd; contributions to the Research Councils' Pension Scheme and the provision of Paternity Pay.
The provision of financial and other support for students and trainees including grants, allowances, access funds, loans and their repayment; the resource consequences of loans to students; support for students through Local Authorities; the cost of sales of the student loan debt; education maintenance allowances and loans.
The expenditure of the Industrial Training Boards.
Other non cash items.
* Providing financial assistance to the Land Registry, Ordnance Survey and the Meteorological Office, and expenditure on the Learning and Skills Improvement Service, the Financial Reporting Council, the Wave Hub, MRC Technology, the Ufi Charitable Trust, and subsidiaries and shares in joint ventures of the Research Councils, the Regional Development Agencies and BIS, the public weather service and Ordnance Survey.
Income arising from:
Receipt of interest on loans and loan repayments from Royal Mail and Post Office Ltd; repayment of principal on student loans; receipts of, and levies from, the Construction Industry Training Board and the Engineering Construction Industry Training Board; repayments of student loans and receipts in respect of the charitable National Endowment for Science, Technology and the Arts.
* Receipts from Land Registry, Ordnance Survey and the Meteorological Office.
TOTAL 2,946,901,000 -237,830,000 1,505,407,000
UK Trade & Investment, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
UK Trade & Investment 2,014,000 Departmental Expenditure Limit -55,000 -132,000 Expenditure arising from:
Trade development and promotion and inward investment, including grants, associated capital and other related expenditure and non-cash items.
Income arising from:
The sale of goods and services relating to trade development and promotion and inward investment; asset sales; insurance claims; recovery of costs incurred on behalf of others; recovery of overpayments.
TOTAL -55,000 -132,000 2,014,000
Export Credits Guarantee Department, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Export Credits Guarantee Department 50,000,000 Departmental Expenditure Limit -75,000 75,000 Expenditure arising from:
The running of ECGD 's operational activities (operating costs of the Department).
Income arising from:
The sub-let of surplus office space and some underwriting activity.
Annually Managed Expenditure 120,000,000 10,500,000 Expenditure arising from:
Arrangements made by ECGD in connection with exports of goods and services and overseas investments and expenditure arising from the creation of and increase in provisions related to ECGD's operational activities.
Income arising from:
Arrangements made by ECGD in connection with exports of goods and services and overseas investors from the UK and income arising from the release of and decrease in provisions related to ECGD's operational activities.
TOTAL 119,925,000 10,575,000 50,000,000
Office of Fair Trading, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Office of Fair Trading -626,000 Departmental Expenditure Limit -726,000 100,000 Expenditure arising from:
Advancing and safeguarding the economic interests of UK consumers; enforcing competition and consumer law; analysing and monitoring markets; merger control; licensing and supervision work in the consumer credit and estate agency markets, including anti-money laundering supervision; advocacy; information, education and advice; administrative and operational costs; associated depreciation and any other non-cash items falling in DEL.
Income arising from:
Recovery of legal costs, fees for common services provided to other departments, contributions from other departments towards the costs of market studies, recoveries of VAT , recoveries of salaries of staff on loan or seconded to outside bodies, sale of plant and machinery, Consumer Credit Licence fees, Anti Money Laundering fees, BIS funding for Consumer Direct, payments from Home Office under the recovered assets incentivisation scheme, payments for information and publications, private telephone calls, vending machines, postal and bank charge recoveries and income from short-term office space rental.
Annually Managed Expenditure 15,000,000 0 Expenditure arising from:
Provisions and other non-cash costs.
TOTAL 14,274,000 100,000 -626,000
Home Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Home Office 173,266,000 Departmental Expenditure Limit -140,971,000 4,421,000 Expenditure arising from:
Control of immigration and nationality; refugees (including the provision of loans) and Voluntary and Community Sector refugee organisations; support for asylum seekers; work permits. Identity management; passports.
Emergency planning; counter-terrorism and intelligence.
Police resource and capital expenditure; crime reduction and prevention; firearms compensation and related matters; other services related to crime; tackling drug abuse.
Safeguarding children and vulnerable adults; registration of forensic practitioners; loans and investments in the Forensic Science Service.
Government Equalities Office: Grants, payments and programme expenditure associated with gender and wider equalities policy, information, support and advice on equality; administration costs; and other non-cash costs.
National Fraud Authority: Administration, investigation, prosecution, cyber crime and other non-cash items.
Net spending by Non Departmental Public Bodies (Serious Organised Crime Agency, National Policing Improvement Agency, Independent Police Complaints Commission, Security Industry Authority, Independent Safeguarding Authority, Office of the Immigration Service Commissioner, Commission for Equality and Human Rights). Payments of grant and grant-in-aid to other organisations promoting Home Office objectives; support to local authorities including Area Based Grants; payments to other Government departments; the administration and operation of the department; and other non-cash items.
Income arising from:
Control of immigration and nationality; additional or special immigration services; work permits; fees, fines and penalties arising from relevant Home Office legislation. Identity management and data protection; passports.
Counter-terrorism work, and intelligence.
Cyber crime.
Issue of licences and certificates; crime reduction and prevention; proceeds of crime; training services.
Safeguarding children and vulnerable people; dividends and interest on loans (Forensic Science Service).
Contributions towards grant programmes from third parties, other Government departments and the Devolved Administrations; the administration and operation of the department (including the sale and hire of assets).
Annually Managed Expenditure 207,000,000 0 Expenditure arising from:
Pensions; and other non-cash items.
TOTAL 66,029,000 4,421,000 173,266,000
Charity Commission, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Charity Commission -264,000 Departmental Expenditure Limit -400,000 136,000 Expenditure arising from:
Revenue and Capital expenditure in relation to the registration and regulation of charities. Expenditure in connection with depreciation and other non-cash items in DEL.
Income arising from:
* Providing services, in both the UK and abroad, relating to our knowledge and expertise in the field of registration and regulation of charities. Shared working approaches with other Government Departments.
TOTAL -400,000 136,000 -264,000
Ministry of Justice, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Ministry of Justice 315,816,000 Departmental Expenditure Limit 292,382,000 -50,526,000 Expenditure arising from:
Administration of Ministry of Justice HQ and associated offices; administration of judicial pay; administration of the Judicial pension scheme; costs of operating the Office of the Information Commissioner and the Judicial Appointments Commission; costs of operating the Legal Services Board and the Office of Legal Complaints and the associated Levy. Payment of grant and grant in aid and the related expenditure for organisations promoting Ministry of Justice objectives including executive and advisory NDPBs; Wider Markets Initiatives; payments and grants to Local Authorities; payments to other government departments and associated depreciation and any other non-cash costs falling in DEL.
HM Courts and Tribunals Service; Court of Protection; the Office of the Public Guardian; Offices of Court Funds, Official Solicitor and Public Trustee; administration of legal aid criminal and civil; administration for the Legal Services Commission; costs paid from central funds; the Administrative Justices and Tribunals Council, the Civil Justice Council and the Family Justice Council. Reimbursement of Lord Lieutenants' expenses; costs in relation to judicial training and the Judicial Offices for England & Wales; costs in relation to continued liaison with the Supreme Court. Criminal Injuries Compensation Authority, Criminal Cases Review Commission; compensation payments for victims of overseas terrorism; administration of and payments in respect of pleural plaques. Joint initiatives in the Criminal Justice System and other legal services.
Human rights workshops and surveys; promotion of information rights, citizen and youth engagement. Conduct of MoJ's European and international business in the justice and home affairs field and the management of the UK's relationship with the Crown Dependencies. UK payments to the Hague Conference on Private International Law. Judicial Exchange programmes; sponsorship of the British Institute of International and Comparative Law and bilateral training projects with other national governments. Policy on coroner and cremation services and associated support to Local Authorities; applications for exhumations, cremated repatriated remains and the closing of burial grounds. Payments in respect of the July 2005 bombings inquest; payments in respect of public inquiries.
Criminal policy and programmes including, administration of the National Offender Management Service, Her Majesty's Inspectorate of Prisons, Her Majesty's Inspectorate of Probation, Prisons & Probation Services Ombudsman. The prevention and treatment of drug abuse; counter terrorism and intelligence; secure accommodation placements, public and private prisons, Prison Service College, the Parole Board, Youth Justice Board, grants to 'prisoners abroad', welfare to work schemes.
* Victims Commissioner, Judicial Appointments Commission Ombudsman, Law Commission, payments to Probation Trusts, Payments in respect of the Electronic Monitoring and Prison Escort and Custody Service ( PECS ), Loan charge payments to Local Authorities;The Judicial Office which includes the Judicial College, the Civil Justice Council, the Family Justice Council and the Office for Judicial Complaints.
Income arising from:
Civil Court fee income; fine income, netting off and receipts retained in accordance with the fine incentive scheme; receipts relating to the asset recovery incentive scheme; receipts under the victims surcharge; pre-1990 loan charges debt payments; receipts retained in relation to the costs of enforcement of fines. Fees charged by the Public Trustee, recoveries by the Official Solicitor, fees charged by the Office of the Public Guardian and Court of Protection; recoveries from the Debt Management Office for the cost of administering funds in court; contributions paid by legally aided defendants in the higher courts; Receipts in relation to legal aid contributions received from assisted clients, receipts in relation to costs and damages received, including recoveries via the statutory charge, by the legal fund in relation to assisted clients; Grants from other third parties received to the legal aid fund, receipts in relation to the use of Deputy District Judges as prison adjudicators.
Recoveries from the National Insurance Fund for the cost of Social Security Commissioners, income from National Insurance Fund received by HM Courts and Tribunals Service , receipts in relation to tribunals received by HM Courts and Tribunals Service ; receipts in relation to the Scottish Criminal Injuries Compensation Appeals Panel remitted to the HM Courts and Tribunals Service.
Fees relating to the Office of the Information Commissioner and receipts in relation to data protection enquiries. Fees charged for Subject Access Requests under the Data Protection Act. Receipts in relation to Legal Services Complaints Commission; receipts in relation to Claims Management Regulation; recovery from the investment managers for the cost of administering the Commons Investment Schemes, recoveries for research and recommendation work undertaken by the Law Commission. Payments from other departments for legal services and other recoveries associated with the work of the MoJ.
Share of gross profits from prison shops and from services purchased by staff etc from the activities of prison industries and farms from the supply of inmate labour and from other goods and services. Receipts in relation to Probation Trusts income; receipts from the Youth Justice Board; Receipts from agricultural subsidies, from advertisements in the Prison Service News and from the sale of waste.
Receipts in respect of judicial superannuation contributions and receipts from the Judicial Pensions supply estimate to fund administrative costs. Receipts from the European Commission, receipts from Royal Licences; receipts in relation to the devolution Service Level Agreement; receipts in relation to the Territorial Offices; receipts in respect of the Crown Office fees. European fast stream receipts from the Cabinet Office, subsidies under the welfare for work programmes; contributions towards grant programmes and training services; payments from health authorities, receipts in relation to the Scottish Executive, Northern Ireland Executive and the Welsh Assembly Government, Payments from the Skills Funding Agency, the Heritage Lottery Fund and Sport England.
Receipts under the New Deal Scheme and receipts from Wider Markets Initiatives. Receipts from other government departments, sale of vehicles, plant, machinery, land and buildings, sale of equipment and scrap, tax rebates, recovery of staff costs for staff on loan or seconded to outside bodies, repayment services, payments for information and publications, private telephone calls, vending machines, telex, postal and bank charge recoveries. Receipts of VAT refunds on contracted out services. Profit on the sales of capital assets, compensation and insurance, contributions towards criminal justice systems initiatives, rebates and commission from service contracts, fees from nursery facilities and other fees; receipts from rents and receipts of premia on assignment of leases; service charges and site usage; recovery from the subletting of magistrates accommodation, other charges and receipts received. * Tribunals fee income from Asylum and Immigration Tribunals
Annually Managed Expenditure -74,200,000 0 Expenditure arising from:
Pensions, provisions for the Criminal Injuries Compensation Authority, Central Funds and Legal Aid; other areas of the MoJ business, including arms length bodies; impairment of land and buildings; and provisions and other non-cash costs falling in AME.
TOTAL 218,182,000 -50,526,000 315,816,000
Ministry of Justice: Judicial Pensions Scheme, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Ministry of Justice: Judicial Pensions Scheme 10,537,000 Annually Managed Expenditure 3,327,000 0 Expenditure arising from:
Pensions etc, in respect of members of Judicial Pensions Scheme, and for other related services.
Income arising from:
Accruing Superannuation Liability Charges ( ASLCs ); and scheme members' pension contributions.
TOTAL 3,327,000 0 10,537,000
United Kingdom Supreme Court, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
United Kingdom Supreme Court -624,000 Departmental Expenditure Limit -674,000 50,000 Expenditure arising from:
Operation of the UK Supreme Court ( UKSC ), Judicial Committee of the Privy Council ( JCPC ) and Judicial Exchange programme; Education & Outreach activities on the United Kingdom Supreme Court, JCPC and the United Kingdom's legal and constitutional systems; Cost of running selection commissions for the appointment of Justices; and Maintenance of links with other Supreme Courts.
Income arising from:
Judicial fees and receipts; Contributions from the devolved government and court services in England & Wales, Scotland, and Northern Ireland; Contributions from the Ministry of Justice to cover the support provided to the Judicial Committee of the Privy Council; Receipts of VAT refunds on contracted out services and receipts from Wider Market Initiatives; Receipts in relation to data protection inquiries; recovery of staff costs for staff on loan or seconded to outside bodies, payments for information and publications, private telephone calls, vending machines, telex, postal and bank charge recoveries, receipts from shop sales, and any other miscellaneous income.
TOTAL -674,000 50,000 -624,000
The National Archives, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
The National Archives 279,000 Departmental Expenditure Limit 290,000 0 Expenditure arising from:
ensuring the UK public record - past and future - remains authentic, available and accessible to all including; providing leadership and support to the archive sector across England and Wales; leading on policy and best practice in knowledge and information management for the public sector; setting standards and driving forward the public sector information re-use agenda; official publishing services for the whole of government including publishing all UK legislation and making it accessible online; managing Crown and Parliamentary copyright; administration of The National Archives and other non-cash items.
Income arising from:
sale of copies of documents; sale of publications and other items and services; professional fees; fees receivable from service providers; sale of non current assets; grants received to carry out specific projects; reproduction fees and royalties for the publication of images; Crown copyright fees and royalties; fees for the management of third parties' copyright; fees for the management of the Office of the Queen's Printer for Scotland; income from contractual arrangements for official publishing and partnerships to make historical records electronically accessible; and sales and recovery of costs for goods/services provided to other government departments, public bodies and the general public.
Annually Managed Expenditure -301,000 0 Expenditure arising from:
early retirement provisions for staff and other AME non-cash items.
TOTAL -11,000 0 279,000
Crown Prosecution Service, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Crown Prosecution Service -1,800,000 Departmental Expenditure Limit -1,800,000 0 Expenditure arising from:
administrative costs including the hire of agents; prosecution costs; costs of confiscating the proceeds of crime; capacity building in the Criminal Justice System; support of voluntary sector organisations within the Criminal Justice System; and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
costs awarded to CPS in court; the Recovered Assets Incentivisation Scheme; refund of costs for seconded staff; letting, disposal, vacation or occupation of property or accommodation; collaborative working with partner organisations; shared services; the Access to Work Scheme; and other administrative income.
TOTAL -1,800,000 0 -1,800,000
Serious Fraud Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Serious Fraud Office -670,000 Departmental Expenditure Limit -670,000 0 Expenditure arising from:
administration of The Serious Fraud Office ( SFO ) offices; capital costs and operational costs incurred including costs of staff, fees to Counsel and outside accountants, witness expenses, use of information technology to improve presentation of evidence, other investigation and prosecution costs and defendants' costs ordered by the court to be paid by the SFO, and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
recovery of income awarded to the SFO in court, and the Asset Recovery Incentivisation Scheme; and receipts for services provided by the SFO.
TOTAL -670,000 0 -670,000
Ministry of Defence, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Ministry of Defence 644,093,000 Departmental Expenditure Limit 3,330,618,000 -526,525,000 Expenditure arising from:
Ongoing military commitments, including identifying and countering the threat of terrorist attack on the UK Mainland, and maintaining the integrity of UK waters and airspace. Contributing to the community by Search and Rescue, administration of cadet forces, costs of assistance to other Government Departments and agencies. Defence diplomacy, and the department's support of wider British interests. Delivering military capability, including costs of front line troops, attributed costs of logistical and personnel support costs. Research on the equipment and non-equipment programme. Defence Estates and business infrastructure. To support Ministers and Parliament. Strategic management and corporate services.
Personnel costs of the Armed Forces and their Reserves, Cadet forces, and personnel costs of Defence Ministers, and of civilian staff employed by the Ministry of Defence. Movements; charter of ships; logistic services for the Armed Forces; repair, maintenance, stores and supply services; associated capital facilties and works; contractors' redundancy costs; plant and machinery; nuclear warhead and fissile material programme; procurement, including development and production of equipment and weapon systems for the Armed Forces; purchases for sale abroad; research by contract; sundry procurement services including those on repayment terms.
Land and buildings works services. Services provided by other Government Departments. Sundry services, subscriptions, grants and other payments including those abroad via assistance to Foreign and Commonwealth Governments for defence-related purposes. UK youth community projects. Setup costs and loans to Trading Funds. Spending by defence-related Non-Departmental Public Bodies (NDPBs). Support of operations (Afghanistan) over and above the costs of maintaining the units involved at their normal state of readiness. The net additional (programme) costs for early warning, crisis management, conflict resolution/peace-making, peace-keeping and peace-building activities in other parts of the World. The net additional costs of associated strengthening of international regional systems; capacity-building; and stabilisation activities.
* Support of operations (Libya) over and above the costs of maintaining the units involved at their normal state of readiness.
Personnel costs of the Armed Forces and their Reserves includes provision for Naval Service to a number not exceeding 42,550; provision for Army Service to a number not exceeding 124,270; provision for Air Force Service to a number not exceeding 44,730; and provision for officers and men in the Reserve Forces not exceeding the numbers specified in respect of each of the Reserve Forces for the purposes of Parts 1, 3, 4 and 5 of the Reserve Forces Act 1996 in House of Commons Paper No. 769 of Session 2010-12 and adjusted in House of Commons Paper No. 1745 of Session 2010 — 12.
Income arising from:
Provision of services to foreign Governments and other government departments. Payments for services provided by Trading Funds. Dividends and loan repayments from Trading Funds. Sale of assets. recovery of costs from personnel. Rent for use of Ministry of Defence property and miscellaneous receipts.
Annually Managed Expenditure -1,063,130,000 0 Expenditure arising from:
pensions and other payments/allowances for disablement or death arising out of war or service in the Armed Forces after 2 September 1939. Awards to surviving members of British groups held prisoner by the Japanese during the Second World War (Far Eastern Prisoners of War) or their surviving spouse and pensions and other payments in respect of service in the Armed Forces at other times, excluding claims under the Armed Forces Compensation Scheme and Armed Forces pension scheme. The creation and revaluation of provisions; impairments due to the revaluation of fixed assets, unforeseen obsolescence and losses caused by catastrophic events. Bad debts and some Foreign exchange gains and losses. Costs associated with decommissioning.
TOTAL 2,267,488,000 -526,525,000 644,093,000
Armed Forces retired pay, pensions etc, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Armed Forces retired pay, pensions etc 340,000,000 Annually Managed Expenditure 1,340,000,000 0 Expenditure arising from:
Payment of pensions, lump sum benefits, transfers out and associated non-cash items to persons covered by the scheme. Provision is also made for:
payment of those benefits outside the scheme: Short Service Gratuities, Resettlement Grants and Criminal injuries Compensation Overseas.
Income arising from:
MOD employer contributions (Superannuation Contributions Adjusted for Past Experience), Transfers In from other schemes and the purchases of added years.
TOTAL 1,340,000,000 0 340,000,000
Foreign and Commonwealth Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Foreign and Commonwealth Office 90,891,000 Departmental Expenditure Limit 68,891,000 12,000,000 Expenditure arising from:
administration of UK Trade and Investment, Wilton Park Executive Agency, net expenditure of NDPBs, hospitality and facilities, international organisations, scholarships, information services and sponsored visits, special payments and assistance programmes supporting foreign policy objectives including human rights, good governance, international security and the fight against the illicit drug trade, the BBC World Service for broadcasting, the British Council. Conflict prevention, early warning, crisis management, conflict resolution/peacemaking, peacekeeping and peace-building activity and on associated strengthening of international and regional systems and capacity and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
salary refunds of seconded diplomatic staff and locally engaged staff, the sale of information material, sub-letting, sales of surplus material and equipment, legalisation fees collected at both home and abroad, telephone and postage recoveries, medical scheme recoveries, bank interest and sundry receipts, repayment by locally engaged staff of loans for car purchase and medical and other assistance, from other Government Departments including DfID and MoD for the Special Representative on Conflict Resolution, visa and passport services provided at consular offices, Wilton Park Executive Agency receipts from customers for running costs, sales and rents, Hospitality Section, Conference and Visits Group, Lancaster House receipts, repayments of sums advanced to distressed British Nationals, interest and dividends from Public Corporations, sales into Wider Markets * and Sponsorships
TOTAL 68,891,000 12,000,000 90,891,000
Department for International Development, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for International Development -284,530,000 Departmental Expenditure Limit -309,046,000 264,105,000 Expenditure arising from:
Development and humanitarian assistance under the International Development Act 2002 through financial and technical assistance to governments, institutions, voluntary agencies and individuals for activities including:
wealth creation (generating growth, stimulating trade and improving infrastructure);
direct delivery of Millennium Development Goals ( MDGs ) (health and nutrition, education, water and sanitation, humanitarian assistance and food aid);
governance and security (peace building, conflict prevention, stabilisation and the Conflict Pool, public financial management, human rights);
climate change (mitigating and adapting to the impact of climate change);
global partnerships (core funding for and capital subscriptions to multilateral organisations which provide country level and global assistance, core funding for civil society organisations and research partnerships);
continued assistance to UK Overseas Territories;
costs relating to investments in public corporations and shareholdings in private sector companies;
establishing the Independent Commission for Aid Impact as an advisory NDPB ;
spending by NDPBs (Commonwealth Scholarship Commission ( CSC ) on scholarships to individuals from Commonwealth countries including both developed and developing countries);
related capital expenditure, administration costs and associated depreciation and other non-cash costs falling in DEL.
* -the Independent Commission for Aid Impact - an advisory NDPB which will provide objective evidence-based, and independent scrutiny of UK Aid in order to improve accountability to the British people and our aid partners for the results achieved.
Income arising from:
Capital repayments and receipt of interest on development assistance and budget support loans; management fees relating to loan guarantees; repayments of loans given to Crown Agents; receipts from overseas governments in respect of bilateral country and sector programmes; refunds of payments made under UK guarantees to the European Investment Bank; recoveries from other government departments; recovery of advances from procurement agents; receipts for seconded officers; rental income; recoveries from staff for use of official vehicles; refund of rental and rates payments; income from debentures issued to DFID by CDC Group plc; and income from the sale of fixed assets.
Annually Managed Expenditure -7,504,000 -1,600,000 Expenditure arising from:
Non cash movements in provisions including contributions to International Finance Facility for Immunisation ( IFFIm ) and Advanced Market Commitments ( AMC ); change in fair value of financial instruments and other non-cash costs falling in AME.
Income arising from:
* Disposal of investment assets.
TOTAL -316,550,000 262,505,000 -284,530,000
Department for International Development: Overseas Superannuation, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for International Development: Overseas Superannuation 0 Annually Managed Expenditure 750,000 0 Expenditure arising from:
Pension and superannuation payments, grants and compensation payments, etc. in respect of overseas services; pensions for beneficiaries of certain former overseas pension funds for which the UK assumed responsibility; contributions to pensions funds guaranteed by the UK; refund of contributions made by overseas governments; war service credit; and associated non-cash items such as adjustments to pension scheme liabilities like interest on outstanding scheme liabilities.
Income arising from:
Miscellaneous income relating to the scheme.
TOTAL 750,000 0 0
Department of Energy and Climate Change, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department of Energy and Climate 801,820,000 Departmental Expenditure Limit 908,767,000 234,716,000 Expenditure arising from:
Support for energy-related activities including regulation, civil emergency planning, environmental remediation and support and facilitation for new and sustainable or more efficient, or less carbon intensive energy sources, technologies, transmission and storage, security and non-proliferation;
safety, environment and social impact programmes relating to nuclear sites in Central and Eastern Europe and the former Soviet Union and other countries where future G8 Global Partnership related initiatives may be pursued;
inspections and compliance in accordance with EU regulatory requirements and recovery of expenditure through cost sharing arrangements;
subscriptions and contributions to international organisations and fulfilment of international treaty obligations.
Efficient discharge of liabilities falling to the Department, including nuclear waste management and decommissioning and for former coal industry employees.
Respond to fuel poverty needs;
measures to improve energy efficiency, security and environmental practice;
climate modelling and risk assessment;
Payments to the Department for Business, Innovation and Skills towards the costs of the Regional Development Agencies and the London Development Agency.
Payments to the Department for Communities and Local Government towards the costs of the Government Offices.
Work towards international agreement on climate change;
promote and support actions to reduce national and global greenhouse gas emissions;
Specialist support services, staff management and development; other departmental administration and non-cash costs; exchange risk and other guarantee losses; publicity, promotion, publications, knowledge sharing initiatives and departmental research and development; surveys, monitoring, statistics, advice and consultancies; contributions to fund cross government initiatives;
Payments to HM Treasury towards the cost of Infrastructure UK.
Expenditure by the Nuclear Decommissioning Authority, Coal Authority, Civil Nuclear Police Authority, Committee on Climate Change, Carbon Trust, and Energy Savings Trust.
* Energy resilience measures.
Income arising from:
receipts relating to the Nuclear Decommissioning Authority and the oil and gas industries (including petroleum licensing);
receipts from other Government Departments and devolved administrations;
grant income from the Department for Business, Innovation and Skills for the Low Carbon Buildings Programme;
the repayment of loans and investments; repayment of capital grants;
government carbon offsetting scheme receipts;
income relating to legal services, consultancy, publications, public enquiries, information, secondments, departmental administration costs, central services, rental income and repayments; occupancy charge; administrative and professional services; EU receipts; the sale of surplus land and buildings. * Refund of input VAT not claimed in previous years on departmental expenditure; noncash income; Project Camelot Levy Receipts.
Annually Managed Expenditure 4,334,299,000 15,200,000 Expenditure arising from:
Efficient discharge of liabilities falling to the Department, including nuclear waste management and decommissioning and for former coal industry employees.
Expenditure by the Nuclear Decommissioning Authority, Coal Authority and Civil Nuclear Police Authority.
Energy levy-funded expenditure including Renewable Heat Incentive, Feed-In Tariffs, Renewables Obligation and Social Price Support * (Warm Home Discount).
Income arising from:
income relating to repayment and recoveries of compensation and legal costs, distribution of surpluses from coal industry pension scheme and BNFL /Urenco dividend income. Income from Energy levies including Feed-In Tariffs, Renewables Obligation and Social Price Support * (Warm Home Discount). Refund of input VAT not claimed in previous years on departmental expenditure.
TOTAL 5,243,066,000 249,916,000 801,820,000
UK Atomic Energy Authority Pension Schemes, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
UK Atomic Energy Authority Pension Schemes -14,270,000 Annually Managed Expenditure 2,062,000 0 Expenditure arising from:
Payment of pensions etc to members of the United Kingdom Atomic Energy Authority pension schemes, related expenditure and non-cash items.
Income arising from:
Receipts of employees' and employers' contributions and inward transfers.
TOTAL 2,062,000 0 -14,270,000
Office of Gas and Electricity Markets, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Office of Gas and Electricity Markets 10,000,000 Annually Managed Expenditure 700,000 0 Expenditure arising from:
provisions and other non-cash items in AME.
TOTAL 700,000 0 10,000,000
Department for Environment, Food and Rural Affairs, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Environment, Food and Rural Affairs 448,128,000 Departmental Expenditure Limit -48,487,000 15,150,000 Expenditure arising from:
Climate modelling, risk assessment and adaptation.
Expenditure by Natural England and the Environment Agency. Represent forestry interests, encourage good forestry practice, sustainable forest management and conduct forest research. International policy, research, standard-setting and monitoring to support sustainable forestry. Land grants, countryside access and rights of way. Policy on commons, national parks and town and village greens. Environmental protection and conservation, maintain air and ozone quality, increase UK's environmental decontamination capabilities, deliver social, environmental and economic programmes; Maintain water quality and supply, management of inland waterways and obligations under the Water Act 2003. Support terrestrial, marine, waterway environments and protection of water bodies. Support protection of species, wildlife management, habitat protection and conservation. Support national and global biodiversity, geodiversity and research.
Better waste management. Promotion and support for sustainable development, consumption and production.
Flood risk management and development implications, land drainage and sewerage. Exotic and endemic animal and plant disease policy portfolio and eradication. Regulatory systems for chemicals, veterinary medicines and pesticides. Radioactive waste management, pollution emergency response services, noise mapping and manage other environmental risks. Consultation on town, urban and country developments.
Supporting development of farming and cost-sharing initiatives, payments, losses and penalties relating to the administration of EU schemes including disallowance. EU compensation payments to producers and support for agriculture. Champion hygienic production, marketing, delivery and processing in the agriculture, fisheries and food industries. Support bee and fish conservation, UK's responsibilities under the Convention on International Trade in Endangered Species ( CITES ) and fishing industry. Support keeping, movement tracing, international trade, health and welfare of animals, animal products and by-products, dairy hygiene and marketing.
Support a sustainable, secure and healthy food supply; food labelling and composition policy.
Support for rural and regional development.
Specialist support services; legacy and residual delivery body costs; subsidies to support delivery bodies; staff management and development; other departmental administration and non-cash costs; publicity, promotion; awareness and publications; knowledge sharing initiatives; research and development; surveys; monitoring; statistics; advice and consultancies; funding through Area Based Grants; subscriptions and contributions to international organisations; licensing, approvals and certification; inspections; compliance and enforcement in accordance with regulatory requirements.
Income arising from:
Income from devolved administrations and EC; delivery body funding contributions; provision of employee and financial shared services to other public sector bodies; surveys receipts from sale of carcasses and vaccines; income from licensing; approvals; investments; interest gained; donations and bequests; commercial activities; certification; publications; public inquiries; information; inspections; registrations; supervision and extensification; administration of grant; waste disposal; capital loan schemes; commissioned surveys; research; studies and advice; rental income and repayments; occupancy charge; administrative training and professional services; pension and redundancy contributions and knowledge sharing initiatives.
Annually Managed Expenditure 292,800,000 -9,650,000 Expenditure arising from:
Levy collection; publicity, promotion, awareness and publications; research and development; market and supply chain analysis and support; packaging recovery support; licensing, approvals and certification.
Specialist support services; staff management and development; delivery body funding contributions; surveys; monitoring; statistics; advice and consultancies; provision for future liabilities; bad debts; revaluations and impairment losses; legacy and residual delivery body costs.
Income arising from:
Levies from the meat; dairy; forestry; horticulture; shellfish; cereals; agriculture industries; delivery body funding contributions; packaging recovery support; surveys EU funding; investment and commercial income.
Non-Budget Expenditure 5,000,000 Expenditure arising from:
Payments to devolved administrations.
Income arising from:
Funding contributions to support delivery bodies.
TOTAL 249,313,000 5,500,000 448,128,000
Water Services Regulation Authority, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Water Services Regulation Authority 0 Departmental Expenditure Limit 3,061,000 70,000 Expenditure arising from:
administrative and operational costs; depreciation and other non-cash items in DEL
Income arising from:
Water industry regulatory licences, fines and penalties as set out in the Water Industry Act 1991 and the Water Act 2003; receipts in respect of publication sales; contributions toward former Directors General pension payments and other cost recovery receipts.
Annually Managed Expenditure -3,061,000 0 Expenditure arising from:
provisions; and other non-cash items in AME.
TOTAL 0 70,000 0
Department for Culture, Media and Sport, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Culture, Media and Sport -57,225,000 Departmental Expenditure Limit 28,231,000 -98,651,000 Expenditure arising from:
national and other museums and galleries, support for the British Library and other library and archive institutions and the Government Indemnity Scheme. This scheme provides cover for a museum, art gallery, library or other similar institution in the United Kingdom which has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest.
Funding for the Royal Palaces and Parks, for historic buildings and ancient monuments and sites; funding for certain public buildings and national heritage and architecture. Funding for the Listed Places of Worship scheme and the VAT grant scheme for memorials. Funding for commemorative services, memorials and ceremonial occasions.
Providing support to the Arts and Sports councils and for other arts, sports and media bodies and schemes; support to film bodies and projects and the promotion of tourism.
Funding for the administration and operating costs of the Department, including provision of humanitarian assistance to those affected by major disasters, payments towards the expenses of the Office of Manpower Economics and grants to other government departments.
Provision for the sponsorship of the music industry; the Welsh Fourth Channel Authority, the Office of Communications; providing support for the transition to digital broadcasting and superfast broadband and the costs associated with the sale of radio spectrum; and certain broadcasting services; support for alcohol, gambling, film and video licensing, the expenses of the National Lottery Commission and regulatory regimes and schemes.
Provision for the costs associated with the closure or restructure of organisations.
Provision for research, surveys and other services and for the costs involved in the sale of the Tote. Funding to support delivery of the Olympic and Paralympic Games 2012 and its legacy * and associated non-cash items.
Providing support for programmes to promote rollout of superfast broadband in both rural and urban areas and the improvement of mobile communications infrastructure. Funding for UK membership of various international organisations. Provision for the costs of Lord Leveson's inquiry.
Income arising from:
the activities of the Department for Culture, Media and Sports and its sponsored bodies including proceeds from the sale of properties, assets and the early release of office leases; receipts by the Government Art Collection; recovery of ceremonial costs; recovery of costs for repairs to listed buildings; fees and charges for licenses and receipts from concessionaires and sponsors; the Royal Parks Agency fees, charges and other income; repayment of loans in connection with film development projects and European Union receipts.
Contributions from the BBC toward the cost of Digital Britain; receipts associated with the sale of radio spectrum contributions from other government departments toward the costs of joint schemes and the costs of the Olympic Delivery Authority.
Receipts from the National Lottery Distribution Fund and Olympic Lottery Distribution Fund to meet the cost of its administration by the Department for Culture, Media and Sport and of the expenses of the National Lottery Commission; receipts from the National Lottery operator's licence fees, recoveries from the issue of licensing certificates and the proceeds arising from the sale of the Tote.
Receipts associated with the Olympic and Paralympic Games 2012.
* Contributions from other government departments towards the cost of Lord Leveson's inquiry.
Annually Managed Expenditure 17,005,000 0 Expenditure arising from:
Broadcasting, media and other services and activities, including provisions.
TOTAL 45,236,000 -98,651,000 -57,225,000
Department for Work and Pensions, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Department for Work and Pensions 2,967,254,000 Departmental Expenditure Limit -164,065,000 66,000,000 Expenditure arising from:
Funding for the administration and operating costs of the Department, including grants, loans and payments to other Government Departments, private, public and voluntary organisations. This will enable the Department to fulfil its obligations to support people who are out of work move into work quickly, support the most vulnerable people in society, alleviating poverty and supporting responsible behaviour and deliver simplification reforms to the welfare system.
The provision of employment and training programmes and payments of appropriate allowances to help people back to work, including the support of cross-government initiatives related to employment.
Assisting people to make plans for their retirement, including research into pensions, private pension industry regulatory work, programmes and new measures to help improve independence and social inclusion for older people.
Provision for general levy payments to the Pension Regulator in respect of Public Sector Pension Schemes, the costs and payments associated with the collapse of private pension schemes. The provision of expenditure promoting the Department's objectives in other Government Departments; Crown and Executive Non-Departmental Public Bodies, including the Child Maintenance and Enforcement Commission, the Health and Safety Executive; private, public and voluntary organisations.
Training and employment projects assisted by the European Union through the European Social Fund, including programme losses and disallowances, refunds to the European Union and exchange rate gains and losses.
Subsidies to housing, billing, levying and local authorities for administering the Housing Benefit and Council Tax Benefit.
The costs incurred from the collection of debt arising from overpayments of benefit and on behalf of other public and private sector bodies.
The provision of IT, employee and financial services to other public sector bodies; policy; research; publicity; the UK subscription to the International Labour Organisation; international educational, training and employment programmes; assistance and advice on employment service and labour market issues to international organisations; measures to promote financial inclusion; associated depreciation and any other non-cash costs relating to DEL.
Income arising from:
In accordance with the prevailing legislation and regulations, income arising from the administration of the Department for Work and Pensions, Crown and Executive Non-Departmental Public Bodies in delivering its statutory responsibilities, including receipts from staff, outward secondments, sale of non-capital items, recovery of court costs, services carried out on behalf of public and private sector bodies and members of the public, EU activity, levy funded bodies and other associated income.
Annually Managed Expenditure 2,827,195,000 0 Expenditure arising from:
The payment of social security benefits to people of working age, pensioners, and people with disabilities and their carers in accordance with the prevailing legislation and regulations. Significant social security benefits includes Jobseekers Allowance, Income Support, Employment Support Allowance, Disability Living Allowance, Pensions Credit and other associated benefits, including housing and council tax benefits, rent rebates, temporary subsidies to employers. Compensation for dust related diseases, payments for education and provisions and other non-cash costs relating to AME.
Income arising from:
Income arising from the receipt from damages payable to recipients of Statutory Sick Pay, receipts in respect of benefits paid in lieu and recoveries of payments towards Motability costs.
Non-Budget Expenditure 416,863,000 Expenditure arising from:
Payment of the Grant to the Social Fund to fund Regulated, Discretionary and Winter Fuel payments.
TOTAL 3,079,993,000 66,000,000 2,967,254,000
Scotland Office and Office of the Advocate General, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Scotland Office and Office of the Advocate General 430,323,000 Non-Budget Expenditure 430,323,000 Expenditure arising from:
Payment of a grant to the Scottish Consolidated Fund
TOTAL 430,323,000 0 430,323,000
Wales Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Wales Office -45,085,000 Departmental Expenditure Limit -114,000 0 Expenditure arising from:
Administration; Lord Lieutenants expenditure; capital and other non cash items.
* Grant to the Swansea Valley Miners' Appeal Fund; Administration costs for Commission on Devolution.
Income arising from:
Receipts from accommodation
Annually Managed Expenditure 19,000 0 Expenditure arising from:
Non Cash costs in respect of pension commitments
Non-Budget Expenditure -45,076,000 Expenditure arising from:
Payments of a Grant to the Welsh Consolidated Fund
TOTAL -45,171,000 0 -45,085,000
Northern Ireland Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Northern Ireland Office 114,694,000 Departmental Expenditure Limit 740,000 0 Expenditure arising from:
Overseeing the effective operation of the devolution settlement in Northern Ireland and representing the interests of Northern Ireland within the UK Government. Expenditure on administrative services, Head of State related costs, VIP visits to Northern Ireland, NI Human Rights Commission and other Reviews and Commissions arising from the Good Friday Agreement, the Northern Ireland Act 1998, the Northern Ireland Act 2000, the Northern Ireland Act 2009, political development and inquiries, elections and boundary reviews, legal services, security, victims of the Troubles including the work of the Independent Commission for the Location of Victims Remains, arms decommissioning, parading, Civil Service Commissioners, compensation schemes under the Justice and Security (Northern Ireland) Act 2007 and Terrorism Act 2000 and certain other grants. This will include associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
Recoupment of electoral expenses, receipts from the use of video conferencing facilities, fees and costs recovered or received for work done for other departments, freedom of information receipts, data protection act receipts, recovery of compensation paid, recoupment of grant funding, costs and fees awarded in favour of the crown and receipts arising from arms decommissioning. Fees and costs recovered or received for the use of the NIO estate.
* Monies from other departments to fund projects in Northern Ireland.
Annually Managed Expenditure -46,000 0 Expenditure arising from:
Provisions relating to administrative services and to compensation schemes under the Justice and Security (Northern Ireland) Act 2007 and Terrorism Act 2000 other non-cash costs falling in AME.
Non-Budget Expenditure 114,000,000 Expenditure arising from:
Providing appropriate funding to the Northern Ireland Consolidated Fund for the delivery of transferred public services as defined by the Northern Ireland Act 1998, Northern Ireland Act 2000 and the Northern Ireland Act 2009. Grants to the Northern Ireland Consolidated Fund and transfers of EU funds.
TOTAL 114,694,000 0 114,694,000
HM Treasury, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
HM Treasury -4,143,802,000 Departmental Expenditure Limit -12,904,000 9,200,000 Expenditure arising from:
economic, financial and related administration, including group shared services; expenses in connection with honours and dignities, compensation payments arising from gilt administration.
Expenditure of the Debt Management Office, including administration of the Public Works Loan Board, the Commission for the Reduction of National Debt and operational services for HM Treasury, other government departments and the Bank of England.
Expenditure on Treasury related bodies including the Office of Tax Simplification, Office for Budget Responsibility, United Kingdom Financial Investments Ltd, Asset Protection Agency, Infrastructure UK, Office for Budget Responsibility, Consumer Financial Education Body, Financial Services Compensation Scheme and the Royal Mint Advisory Committee on the design of coins.
The manufacture, storage and distribution of coinage for use in the United Kingdom and actions to protect the integrity of coinage and associated non-cash items falling in DEL.
* Spending in connection with the sale of investments.
Income arising from:
recoveries in respect of administration of the Treasury, including recharges for work on financial stability issues, charges for courses, services provided by the Economics in Government team and other officers loaned to other organisations, including the salary of the UK Executive Director of the International Monetary Fund/International Bank for Reconstruction and Development who is a Treasury employee; charges for services provided by the Government Social Research Unit; income from recovery actions in connection with Barlow Clowes; charges for services to government departments provided under the Financial Management Change Agenda;
income from fees charges to Foreign Investment Exchange/Clearing Houses; recoveries in respect of Honours and Dignities; income in respect of insurance sponsorship and supervision responsibilities; income due to the Debt Management Office for advertising costs, stock exchange listings, data provision, rentals in respect of operating leases, the management and administration of certain public and private funds and provision of a lending service to local authorities, income from the administration of carbon dioxide reduction schemes and the Gilt Purchase and Sale Service; administration of Pool Re and other related bodies;
European Fast Stream income from the Cabinet Office; amounts arising from the sale of shares and debt.
* Amounts, arising from loans, including interest and fees.
Annually Managed Expenditure -927,150,000 -4,216,000,000 Expenditure arising from:
purchase of metal for the production of coinage; payments in respect of costs related to investment in and financial assistance to financial institutions and administration of the Equitable Life Payments Scheme, payments under the Loans to Ireland Act 2010; creation and use of provisions including the Equitable Life Payments Scheme and those in respect of economic, financial and related administration; impairment of fixed assets and associated non-cash items falling in AME.
* Spending by the Financial Services Compensation Scheme and the Money Advice Service (formerly the Consumer Financial Education Body).
Income arising from:
income from financial institutions including interest, fees and charges, dividends, loan repayments, sale of assets and other capital receipts.
* income from other bodies including interest, fees and charges, dividends, loan repayments, sale of assets and other capital receipts.
TOTAL -940,054,000 -4,206,800,000 -4,143,802,000
HM Revenue and Customs, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
HM Revenue and Customs 97,950,000 Departmental Expenditure Limit 1,687,000 -25,196,000 Expenditure arising from:
administration and the associated non-cash items incurred in the management and collection of the direct and indirect taxes, duties and levies, tax credits and National Insurance Contributions; Child Benefit and the Child Trust Fund, Shipbuilders' Relief, Money Laundering regulatory regime, Spirit Drinks Verification Schemes, the National Insurance Funds for Great Britain and Northern Ireland; OPG and government banking services; Health in Pregnancy Grant; Saving Gateway; National minimum wage; collection of student loans; the operation of customs controls including prohibitions and restrictions; the provision of trade information;
the provision of resources to independent investigatory bodies (including the HMIC , IPCC and the police authorities) to facilitate the independent inspection of professional standards within the Department, the investigation of allegations of mis-conduct or criminal activities by Departmental staff and fulfilment of reciprocal complaints investigation arrangements with police authorities; payments in respect of the Customs National Museum; grants to the voluntary and community sector; providing the Contracts Finder portal; air travel carbon-offsetting; services to support the Welfare Reform Agenda; services to lenders as part of the Mortgage Income Verification scheme; contributions under the Next Generation HR Programme; expenditure arising from structural organisational change;
services provided to the department's information technology and wider markets' partners, other departments and public bodies including any assistance with investigations into terrorist incidents, and overseas tax administration and the activity in support of the UK Border Agency; administration and the associated non-cash items incurred by the Valuation Office Agency in the provision of rating and council tax valuation work in England and Wales, housing benefits work in England and providing valuation and property management services to central government and other bodies where public funds are involved.
* Expenditure arising from Shared Services.
Income arising from:
the recovery of law costs; recovery of the costs of administering the National Insurance Funds and collection of National Insurance contributions; subsidies for New Deal jobseekers employed; receipts for services provided to the Valuation Office Agency, government departments and other bodies including student loan, Welfare Reform Agenda and National Minimum Wage receipts; recovery of costs in respect of the Aggregates levy and of seconded and loan staff; charges for the special attendance of officers; and for international commitments; receipts from the sale of information and publications; from the sale of statistical services and certificates;
and from estate management services, including rent receipts from other government departments and private tenants; receipts from the use of certain official cars; receipts from certain tax penalties; EC travelling expenses and receipts from the EC; receipts in respect of Shipbuilders' Relief; receipts from insurance and compensation claims; receipts from the Asset Recovery Incentivisation scheme; and marine fuel relief, transaction fees from credit card payments; fees received for the money laundering regulatory regime; recoveries of overpayments in prior years;
excess cash receipts; subscription fees relating to Contracts Finder portal; fees received for the Mortgage Income Verification scheme; fees in connection with Spirit Drinks Verification Schemes; recovery of income from the sale of assets;
the recovery of costs of valuation and other services; other miscellaneous administration and programme cost receipts.
* The recovery of costs of Government Banking Service. Income from Shared Services.
Annually Managed Expenditure -83,600,000 98,000,000 Expenditure arising from:
provisions movements; losses on revaluation of assets; write off of bad debts; incentive payments for e-filing; transitional payments to charities, for personal pensions relief, life assurance premium relief and residual payments for mortgage interest relief; rates paid by Her Majesty's Revenue and Customs in respect of non-domestic property occupied by accredited representatives of Commonwealth and foreign countries and certain international organisations; payments of Child Benefit, Child Trust Fund endowments, Health in Pregnancy Grant, tax credits and other reliefs; and associated non-cash items.
Income arising from:
payment of rates by accredited representatives of Commonwealth and foreign countries and certain international organisations; refunds from local authorities.
TOTAL -81,913,000 72,804,000 97,950,000
National Savings and Investments, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
National Savings and Investments -3,550,000 Departmental Expenditure Limit -3,790,000 240,000 Expenditure arising from:
Cost of delivery of National Savings and Investment's operations and leveraged activities with other bodies including administration, operational, research and development, works other payments and non-cash items.
Income arising from:
The leveraging National Savings and Investment's core infrastructure and capabilities and associated contracts including rent receipts and other receipts such as loss recovery payments
Annually Managed Expenditure 2,000,000 0 Expenditure arising from:
Non cash movements in provisions including changes to fair value of National Savings and Investment's properties.
TOTAL -1,790,000 240,000 -3,550,000
The Statistics Board, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
The Statistics Board 13,724,000 Departmental Expenditure Limit -19,115,000 11,839,000 Expenditure arising from:
the collection, preparation and dissemination of economic, social, labour market and other statistics; promoting and safeguarding the quality of official statistics, monitoring the production and publication of official statistics; preparation and publication of a Code of Practice for Statistics; and preparing and publishing a programme for the assessment of existing and candidate National Statistics against the Code and associated non-cash items.
Income arising from:
provision of social surveys; recovery costs of shared projects; sales of statistical data and publications; receipts from EU and other overseas contracts.
Annually Managed Expenditure 22,644,000 0 Expenditure arising from:
creation of provision in respect of the onerous contracts; early departure costs; and other provision and associated non-cash items.
TOTAL 3,529,000 11,839,000 13,724,000
Government Actuary's Department, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Government Actuary's Department 271,000 Departmental Expenditure Limit 1,000 0 Expenditure arising from:
administration costs incurred in providing an actuarial service to Government and to other clients principally in the public sector; advising on a wide range of areas including employer sponsored pension arrangements and other employee benefits, social insurance, health care, financing arrangements, risk management, strategic investment, asset/liability consideration, pensions and insurance regulation and associated non-cash items.
Income arising from:
receipts for payments for actuarial, accommodation and facilities management services.
Annually Managed Expenditure -38,000 0 Expenditure arising from:
the setting up and use of provisions, losses on revaluation of fixed assets and other associated non-cash items
TOTAL -37,000 0 271,000
Cabinet Office, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Cabinet Office 102,546,000 Departmental Expenditure Limit 43,619,000 7,396,000 Expenditure arising from:
Administration and operation of the department in connection with the following functions:
Providing the government's co-ordination function with an overarching purpose of making government work better and more efficiently;
Supporting the Prime Minister and Deputy Prime Minister - to define and deliver the government's objectives, implement political and constitutional reform, and drive forward from the centre particular cross-departmental priority issues;
Supporting the Cabinet - to drive the coherence, quality and delivery of policy and operations across departments; and
Strengthening the Civil Service - to ensure the Civil Service is organised effectively and efficiently and has the capability in terms of skills, values and leadership to deliver the government's objectives, including ensuring value for money to the taxpayer.
Working with the Treasury to drive efficiency and reform across the public sector.
Political and constitutional reform includes: costs in relation to constitutional offices; Privy Council Office; re-imbursement of Lord Lieutenants' expenses; constitutional issues; electoral policy and administration, in particular costs in relation to the policy on the conduct of all UK Parliamentary and European elections and certain referendums in the UK, and the administration of payments to returning officers from the Consolidated Fund; payments relating to the Representation of the People Act 1983 and other electoral legislation; costs arising from the implementation of Individual Electoral Registration, including set up costs of data matching pilots;
policy on the financing and regulation of political parties; Parliamentary Boundary Commissions for England & Wales; research into constitution settlement/devolution, including costs of a Commission to consider the West Lothian Questions; costs associated with a programme of constitutional and political reform, including recall of MPs and a statutory register of lobbyists; costs associated with House of Lords reform.
Development and implementation of programmes to promote the building of the Big Society including through direct support to civil society organisations which includes development of the Big Society Bank, National Citizen Service, the Transition Fund and community based funding.
Supporting not-for-profit bodies associated with the public service: Civil Service Benevolent Fund, Civil Service Retirement Fellowship, Civil Service Sports Council and the Chequers Trust.
Providing a professional procurement service to the public sector to enable organisations to deliver improved value for money in their commercial activities.
Providing a centre of excellence for learning and development in support of the strategic business priorities of government.
Expenditure by executive non-departmental public body, the Civil Service Commission. Expenditure by advisory non-departmental public bodies.
Payments to and relating to former Prime Ministers.
Special payments and expenditure on loans and investments and capital assets.
Depreciation and notional audit fee and associated non-cash items in DEL.
* Development and implementation of programmes to promote the building of the Big Society, including through direct support to civil society organisations and which includes development of the Big Society Bank, National Citizen Service, the Transition Fund, the Mutuals Support Programme and community based funding, across the UK.
The management of the Government's property portfolio.
Providing financial assistance in the form of a subsidy to the Central Office of Information, a public corporation and trading fund.
Expenditure incurred in providing market and communications services to Government and to other clients in the public sector and advising on marketing and communications policy and setting up a function to evaluate impact of marketing on policy outcomes.
Providing strategic advice to departments and agencies on achieving their communications objectives, providing purchasing and project management services implementing those strategies and supplying directly those services that, for propriety or other reasons, can only be provided by a government organisation.
Shares in mutual joint ventures granted to employees and held within Employee Benefits Trusts on employees' behalf.
Loans to mutual joint ventures.
Income arising from:
Rental income and receipts from property and land, sales of goods and services, sale or the use of rights and assets, recoverable management costs of the Principal Civil Service Pension Scheme ( PCSPS ), secondment and loan payments, training courses, learning and development activities and related consultancy work, Honours and Appointments, Office for Civil Society programmes, repayment of grants and subsidies, sales of publications and consultancy services, interest receivable, shared services income, cost sharing arrangements, the Buying Solutions dividend, sales of capital and non-capital assets, and repayment of loan principal by the London Hostels Association and Bridges Social Entrepreneurs' Fund LP.
* Income on receipt of donated assets, receipts from staff, receipts from dividends, income from employers participating in the Principal Civil Service Pension Scheme (PCSPS) to cover administration of the scheme, rebates from suppliers, and sales of consultancy, procurement and project management services in respect of clients' communciations and marketing programmes, sales of financial assets and proceeds on the sale of shares in mutual joint ventures to the private sector.
Annually Managed Expenditure 8,044,000 0 Expenditure arising from:
Provisions for early departure and dilapidation, write off of bad debt, impairments from revaluation of assets below their historical cost carrying amount and associated non-cash items in AME.
* Provisions for doubtful debts, and depreciation on donated assets.
Revaluation of assets above their carrying amount and recognition of value in mutual joint ventures.
Income arising from:
* Utilisation of provisions and revaluation of assets above their carrying amount and recognition of value in mutual joint ventures.
TOTAL 51,663,000 7,396,000 102,546,000
Security and Intelligence Agencies, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Security and Intelligence Agencies -26,101,000 Departmental Expenditure Limit -69,146,000 7,810,000 Expenditure arising from:
administration and operational costs, research and development works, equipment and other payments, and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
the sale of services to other government departments, the recovery of costs of staff on loan, recovery from staff for miscellaneous items and certain other services. The sale of fixed assets, freehold interest and land.
Annually Managed Expenditure 20,698,000 0 Expenditure arising from:
provisions and other non-cash items.
TOTAL -48,448,000 >7,810,000 -26,101,000
Cabinet Office: Civil Superannuation, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Cabinet Office: Civil Superannuation 56,000,000 Annually Managed Expenditure 52,000,000 0 Expenditure arising from:
the superannuation of civil servants; pensions etc., and other pensions and non-recurrent payments; for other related services and related non-cash items.
Income arising from:
charges received from departments and others on account of the cost of pension cover provided for their staff. Periodical contributions for widows', widowers' and dependants' benefits. Other superannuation contributions, transfer values and bulk transfer receipts.
TOTAL 52,000,000 0 56,000,000
Central Office of Information, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Central Office of Information -301,000 Departmental Expenditure Limit -301,000 0 Expenditure arising from:
Administration costs incurred in providing market and communications services to Government and to other clients in the public sector; advising on marketing and communications policy and setting up a function to evaluate impact of marketing on policy outcomes.
TOTAL -301,000 0 -301,000
Office of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Office of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England -300,000 Departmental Expenditure Limit -450,000 -50,000 Expenditure arising from:
Operational and administration costs, capital expenditure, and associated depreciation and other noncash costs falling in DEL. Providing services to support the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman. Cost sharing arrangements with the Commission for Local Administration in England.
Income arising from:
Providing services to support the work of public services ombudsmen. Cost sharing arrangements with the Commissioner for Local Administration in England and other public sector bodies. Recovery of costs of staff on loan or secondment.
* Sub-letting accommodation on the Ombudsman's estate.
Reimbursement of costs of damage to the Ombudsman caused by a third party.
Annually Managed Expenditure 250,000 0 Expenditure arising from:
Use of provisions, including provisions for early departure, legal costs and dilapidations.
TOTAL -200,000 -50,000 -300,000
House of Lords, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
House of Lords -2,300,000 Departmental Expenditure Limit -12,960,000 400,000 Expenditure arising from:
Members' expenses and allowances; administrative and accommodation costs, including staff salaries and pensions; security; stationery; printing; financial assistance to opposition parties; grants to Parliamentary bodies; and associated depreciation and any other non-cash costs falling in DEL.
Income arising from:
Catering and retail sales; rental income; reproductions of works of art; pension scheme related income; fees and other charges.
Annually Managed Expenditure 20,642,000 0 Expenditure arising from:
Pensions; administrative and accommodation costs; and provisions and other non-cash costs falling in AME.
TOTAL 7,682,000 400,000 -2,300,000
House of Commons: Administration, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
House of Commons: Administration 0 DEL equivalent -19,600,000 0 Expenditure arising from:
General administration including staff costs, general expenses, stationery, printing, security, broadcasting, IT, catering, accommodation services and associated non-cash costs; and some travel costs of Members of Parliament in connection with select committees and delegations to international parliamentary assemblies; Costs incurred on international parliamentary activities; and grants-in-aid to the History of Parliament Trust, certain parliamentary bodies and to the Association of Former Members of Parliament.
Income arising from:
Catering receipts, rental income, sales of goods and services, fees received and receipts in connection with parliamentary activities.
TOTAL -19,600,000 0 0
The Electoral Commission, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
The Electoral Commission -67,000 Departmental Expenditure Limit -67,000 0 Expenditure arising from:
Registration of political parties, recognised third parties and permitted participants; regulation and reporting of the income and expenditure of political parties, candidates, third parties and permitted participants; making grants to eligible parties for policy development; reviewing and advising on the administration and law of elections and encouraging best practice; providing guidance, and reporting, on the conduct of elections and referendums; determining standards of performance for those administering electoral registration, elections and referendums, and collecting information in relation to those standards and to expenditure on elections etc; conducting certain referendums and promoting public awareness of electoral systems.
Income arising from:
Registration and re-registration of political parties; * providing guidance, and reporting, on the conduct of elections and referendums: determining standards of performance for those administering electoral registration, elections and referendums, and collecting information in relation to those standards and to expenditure on elections etc; conducting certain referendums and promoting public awareness of electoral systems.
Annually Managed Expenditure 80,000 0 Expenditure arising from:
Provisions for early departures, pension and tax and national insurance on benefits in kind.
TOTAL 13,000 0 -67,000
Independent Parliamentary Standards Authority, 2011-12
Estimate Net resources authorised for current purposes (£) Net resources authorised for capital purposes (£) Net Cash Requirement (£)
Independent Parliamentary Standards Authority 15,572,000 Departmental Expenditure Limit -1,000,000 0 Expenditure arising from:
Establishment, operation and administration of the Independent Parliamentary Standards Authority, and all activities connected to its purpose. Determination and administration of an expenses scheme for Members of Parliament; payment of salaries and expenses of Members of Parliament and their staff. Determination of policy for the administration and pay and pensions for Members of Parliament. Conducting reviews and investigations carried out under the auspices of the Office of the Compliance Officer. * Depreciation and other non cash costs arising in DEL.
Annually Managed Expenditure 1,000,000 0 Expenditure arising from:
* Provisions for shorter than planned life of accommodation.
TOTAL 0 0 15,572,000
SCHEDULE 2
EXCESSES FOR FINANCIAL YEAR 2010-11
Section 5
Table of the sums authorised for issue out of the Consolidated Fund to make good excesses incurred in meeting the costs of the defence and civil services specified in the first column of the Table for the year ending with 31 March 2011.
Estimate Grants out of the Consolidated Fund (£)
Teachers' Pension Scheme (England & Wales) 11,875,000 Department for Transport 335,197,000 TOTAL EXCESSES 2010-11 347,072,000 |
The Immigration (Passenger Transit Visa) (Amendment) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 41 of the Immigration and Asylum Act 1999 .
Citation and commencement
1
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2012.
2
This Order comes into force on 10th February 2012.
Amendment to the Immigration (Passenger Transit Visa) Order 2003
2
1
The Immigration (Passenger Transit Visa) Order 2003 is amended as follows.
2
In Schedule 1 after “South Africa” insert “South Sudan”.
Damian Green
Minister of State
Home Office
14th January 2012 |
The United Nations Personnel (Isle of Man) Order 2012
Her Majesty, in exercise of the powers conferred upon Her by section 9(2) of the United Nations Personnel Act 1997 , as applied by section 3(4) of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 , is pleased, by and with the advice of Her Privy Council, to make the following Order:
Citation and commencement
1
This Order may be cited as the United Nations Personnel (Isle of Man) 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 Geneva Conventions and United Nations Personnel (Protocols) Act 2009.
Extension of the Act to the Isle of Man
3
Section 2 of the Act shall extend to the Isle of Man.
Richard Tilbrook
Clerk of the Privy Council |
The Royal Brompton and Harefield NHS Foundation Trust (Transfer of Trust Property) Order 2012
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 51(3) and 64(5)(b) of the National Health Service Act 2006 .
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Brompton and Harefield NHS Foundation Trust (Transfer of Trust Property) Order 2012 and comes into force on 1st April 2012.
2
In this Order —
“the FT ” means the Royal Brompton and Harefield NHS Foundation Trust ;
“the new trustee” means the trustee for the Royal Brompton and Harefield NHS Foundation Trust, namely the Royal Brompton and Harefield Charity trustee, a company limited by guarantee under number 7795583 ; and
“the trust property” means the property specified in the schedule of trust property prepared by, and signed on behalf of, the FT, on 2nd February 2012.
Transfer of trust property
2
1
The trust property, and any rights and liabilities arising from that property, are transferred from the FT to the new trustee.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property shall be construed as a reference to the new trustee and any reference to the FT as the trustee for the trust property shall be construed as a reference to the new trustee.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
27th March 2012 |
The Police (Amendment No. 2) Regulations 2012
In accordance with section 63(3) of that Act, the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and taken into consideration their representations.
Citation and commencement
1
1
These Regulations may be cited as the Police (Amendment No. 2) Regulations 2012.
2
These Regulations come into force on 1st April 2012.
Amendment to the Police Regulations 2003
2
1
The Police Regulations 2003 are amended as follows.
2
In regulation 3(1) (interpretation) after the entry for “member of a police force” insert ““oral fluid” includes saliva;”.
3
In regulation 10(1)(i) (qualifications for appointment to a police force) for “saliva” substitute “hair or oral fluid”.
4
In regulation 19(4)(b) (samples) for “saliva” substitute “oral fluid”.
5
In regulation 19A(1) (testing for substance misuse) —
a
for sub-paragraph (d) substitute —
d
is selected in accordance with a regime of routine random testing;
;
b
for “saliva” substitute “oral fluid”.
Nick Herbert
Minister of State
Home Office
2nd March 2012 |
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2012
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2012 and comes into force on 2nd August 2012.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
3
In article 2 (interpretation) in the definitions of “the Water Technology Criteria List” and “the Water Technology Product List” —
a
for “26th June 2011” substitute “22 June 2012” in both places; and
b
for “2nd September 2011” substitute “5 July 2012” in both places.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2012 |
The Traffic Management (London Borough of Sutton) Permit Scheme Order 2012
The Secretary of State for Transport having approved the London Borough of Sutton 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 (London Borough of Sutton) Permit Scheme Order 2012 and comes into force on 14th January 2013.
Interpretation
2
In this Order —
“the London Borough of Sutton 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 London Borough of Sutton 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 London Borough of Sutton Permit Scheme comes into effect on 14th January 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 London Borough of Sutton 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 LONDON BOROUGH OF SUTTON PERMIT SCHEME
Article 2 |
The Authorised Investment Funds (Tax) (Amendment No. 3) Regulations 2012
The Treasury make these Regulations in exercise of the powers conferred by section 17(3) and section 18(1)(h) of the Finance (No. 2) Act 2005 .
Citation, commencement and effect
1
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 3) Regulations 2012.
2
These Regulations come into force on 1 January 2013 and the amendments made by these Regulations have effect in relation to dividend distributions made on or after that date.
3
In this regulation “dividend distribution” has the meaning given by regulation 22(3) of the Authorised Investment Funds (Tax) Regulations 2006 .
Amendment of the Authorised Investment Funds (Tax) Regulations 2006
2
1
The Authorised Investment Funds (Tax) Regulations 2006 are amended as follows.
2
In regulation 48 (dividend distributions) at the end of paragraph (2A) insert —
unless the dividend distribution is made to —
a
an insurance company in respect of any non-BLAGAB long-term business carried on by it, or
b
an insurance special purpose vehicle that is not an insurance company in respect of any long-term business carried on by it that does not consist wholly of PHI business.
Expressions used in paragraph (a) or (b) have the same meaning as they have in Part 2 of FA 2012 .
3
In the table in Part 1 of the Schedule (abbreviations of Acts) insert at the appropriate place —
FA 2012 The Finance Act 2012 (c. 14)
Desmond Swayne
Anne Milton
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2012 |
The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2012
Representative organisations have been consulted in accordance with section 195(2) of the 1988 Act.
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2012 and come into force on 18th November 2012.
Amendment of Regulations
2
The Motor Vehicles (Tests) Regulations 1981 are amended in accordance with these Regulations.
Exemptions
3
1
Regulation 6(1) is amended as follows.
2
Immediately following sub-paragraph (xxiv), omit the word “and”.
3
At the end of sub-paragraph (xxv), omit “.” and add —
; and
xxvi
a vehicle having a date of manufacture before 1st January 1960.
Signed by authority of the Secretary of State
Stephen Hammond
Parliamentary Under Secretary of State
Department for Transport
21st October 2012 |
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 16(3) and 118(5) and (6) of the Care Standards Act 2000 and section 155(1) and (2) of the Education and Inspections Act 2006 and sections 87D(2) and 104(4)(a) of the Children Act 1989 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2012 and come into force on 1st April 2012.
2
In these Regulations “the Principal Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 .
Amendment of regulations 14 and 15 of the Principal Regulations
2
In regulations 14(1) and (2) (voluntary adoption agencies) and 15 (adoption support agencies) of the Principal Regulations —
a
for “£834.90” in each place where it occurs substitute “£918.39”; and
b
for “£417.45” in each place where it occurs substitute “£459.20”.
Amendment of regulation 17 of the Principal Regulations
3
1
Regulation 17 of the Principal Regulations (children’s homes etc.) is amended as follows.
2
In paragraph (1) —
a
for “£1202.74” in each place where it occurs substitute “£1323.01”;
b
for “69” in each place where it occurs substitute “62”; and
c
in sub-paragraph (b)(ii) —
i
for “£119.79” substitute “£131.77”; and
ii
for “69th” substitute “62nd”.
3
In paragraph (2A) —
a
for “£801.02” in each place where it occurs substitute “£881.12”;
b
in sub-paragraph (b) —
i
for “between 4 and 6” substitute “4 or 5”; and
ii
for paragraph (ii) substitute —
ii
an amount of £110.47 for each of the 4th and 5th approved places;
and
c
in sub-paragraph (c) for “6” substitute “5”.
4
In paragraph (3A) —
a
for “£522.72” in each place where it occurs substitute “£574.99”;
b
in sub-paragraph (b) —
i
for “17” substitute “15”; and
ii
in sub-paragraph (ii) —
aa
for “£31.46” substitute “£34.61”; and
bb
for “17th” substitute “15th”; and
c
in sub-paragraph (c) for “18” substitute “16”.
5
In paragraph (3B) —
a
for “£522.72” in each place where it occurs substitute “£574.99”;
b
for “17” in each place where it occurs substitute “14”; and
c
in sub-paragraph (b)(ii) —
i
for “£31.46” substitute “£34.61”; and
ii
for “17th” substitute “14th”.
6
In paragraph (3C) —
a
for “£961.95” in each place where it occurs substitute “£1058.15”;
b
for “23” in each place where it occurs substitute “20”; and
c
in sub-paragraph (b)(ii) —
i
for “£95.59” substitute “£105.15”; and
ii
for “23rd” substitute “20th”.
Amendment of regulation 18 of the Principal Regulations
4
In regulation 18(b) of the Principal Regulations (local authority fostering functions) for “£2404.27” substitute “£2421”.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
23rd February 2012 |
The Armed Forces Act (Continuation) Order 2012
Accordingly, Her Majesty, on the advice of Her Privy Council and in exercise of the power conferred by section 382(2) of the Armed Forces Act 2006 , makes the following Order:
1
This Order may be cited as the Armed Forces Act (Continuation) Order 2012.
2
The Armed Forces Act 2006 shall, instead of expiring on 3rd November 2012, continue in force until 3rd November 2013.
Richard Tilbrook
Clerk of the Privy Council |
The Crime and Security Act 2010 (Commencement No. 6) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 59(1) and (4) of the Crime and Security Act 2010 .
Citation
1
This Order may be cited as the Crime and Security Act 2010 (Commencement No. 6) Order 2012.
Commencement
2
Sections 24 to 30 of the Crime and Security Act 2010 (domestic violence) shall come into force in the police areas specified in article 3 on 30th June 2012.
3
The specified police areas are Greater Manchester, West Mercia and Wiltshire.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
20th June 2012 |
The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of that Schedule.
Citation and commencement
1
These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2012 and come into force on 11th December 2012.
Amendments to the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008
2
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
3
In rule 44 (application for permission to appeal) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (4A),”;
b
after paragraph (4) insert —
4A
Where, in judicial review proceedings in the Immigration and Asylum Chamber of the Upper Tribunal, a decision is given orally at a hearing, a person may apply to the Tribunal for permission to appeal —
a
orally at that hearing; or
b
in writing, before the commencement or the expiry of the relevant period determined by reference to paragraph (4).
; and
c
in paragraph (7) after “paragraph (1)” insert “or (4A)(a)”.
We make these Rules
Brian F J Langstaff
Philip Brook Smith QC
Simon Cox
Simon Ennals
Mark Rowland
Douglas J May QC
M J Reed
I allow these Rules,
Signed by the authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
13th November 2012 |
The Rugby (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 Rugby (Electoral Changes) Order 2012.
2
This Order, with the exception of articles 5, 6 and 9 comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors for district wards, 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.
3
Articles 5 and 6 come into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors for the parishes of Churchover and Clifton upon Dunsmore, on 15th October 2015;
b
for all other purposes, on the ordinary day of election of councillors in 2016.
4
Article 9 comes into force on 15th October 2015.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Rugby (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 Rugby and number of councillors
3
1
The existing wards of the district of Rugby are abolished.
2
The district is divided into sixteen wards each bearing a name listed in column 1 of Schedule 1.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of Schedule 1.
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 Rugby
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
The order of retirement of councillors is to be as set out in Schedule 2.
4
Where the number of councillors elected in 2012 for any ward of the district is two or more —
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.
Wards of the parish of Churchover and number of councillors
5
1
The parish of Churchover is divided into two wards named respectively —
a
Churchover North;
b
Churchover South.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Four councillors are to be elected for Churchover North ward.
4
One councillor is to be elected for Churchover South ward.
Wards of the parish of Clifton upon Dunsmore and number of councillors
6
1
The parish of Clifton upon Dunsmore is divided into two wards named respectively —
a
Clifton upon Dunsmore;
b
Rugby Radio Station.
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 Clifton upon Dunsmore ward.
4
One councillor is to be elected for Rugby Radio Station ward.
Parish elections
7
1
The election of all parish councillors for the parishes of Shilton and Wolvey are to be held on the ordinary day of election of councillors in 2014 and every fourth year after 2014 .
2
The election of all parish councillors for the parishes of Clifton upon Dunsmore and Newton and Biggin are to be held on the ordinary day of election of councillors in 2016 and every fourth year after 2016 .
Transitional provisions
8
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2012 for the parishes of Shilton and Wolvey is to be two years.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2014 for the parishes of Clifton upon Dunsmore and Newton and Biggin is to be two years.
Revocation and modifications
9
Any provision of an Order made before the making of this Order which requires an election of parish councillors for a parish mentioned in Article 7 to be held on a date other than that for which Article 7 provides is revoked.
10
Rule 5 of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (filling of casual vacancies) is to have effect —
a
in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2014 in the office of a parish councillor for the parishes of Shilton or Wolvey as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2014;
b
in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2016 in the office of a parish councillor for the parishes of Clifton upon Dunsmore or Newton and Biggin as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2016.
Sealed with the seal of the Local Government Boundary Commission for England on the 3rd day of January 2012
Max Caller
Chairman
Local Government Boundary Commission for England
3rd January 2012
SCHEDULE 1
Names of district wards and numbers of councillors
Article 3
1 2 Name of District Ward Number of Councillors
Admirals and Cawston 3 Benn 3 Bilton 3 Clifton, Newton and Churchover 1 Coton and Boughton 3 Dunsmore 3 Hillmorton 3 Leam Valley 1 New Bilton 3 Newbold and Brownsover 3 Rokeby and Overslade 3 Paddox 3 Revel and Binley Woods 3 St Cross 3 Wolston and the Lawfords 3 Wolvey and Shilton 1
SCHEDULE 2
Order of retirement of councillors
Article 4
1 2 3 4 Name of District Ward Number of councillors to retire in 2014 Number of councillors to retire in 2015 Number of councillors to retire in 2016
Admirals and Cawston 1 1 1 Benn 1 1 1 Bilton 1 1 1 Clifton, Newton and Churchover 0 0 1 Coton and Boughton 1 1 1 Dunsmore 1 1 1 Hillmorton 1 1 1 Leam Valley 0 1 0 New Bilton 1 1 1 Newbold and Brownsover 1 1 1 Rokeby and Overslade 1 1 1 Paddox 1 1 1 Revel and Binley Woods 1 1 1 St Cross 1 1 1 Wolston and the Lawfords 1 1 1 Wolvey and Shilton 1 0 0 |
The Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012
In accordance with section 5(2) and (3) of that Act the Secretary of State has given notice of the proposal to make this Order and has considered the representations duly made in respect of it.
Citation, commencement and extent
1
1
This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012 and shall come into force on 6th December 2012.
2
This Order extends to England and Wales only.
Interpretation
2
In this Order —
“ the Act ” means the Electricity Act 1989;
“Curen Limited” means the company of that name registered in England and Wales with company number 07866585; and
“Lynemouth Power Station” means the generating station located at Ordnance Survey map reference NZ 3055 9015, approximately 5 kilometres north-east of Ashington, in Lynemouth, Northumberland.
Exemption from section 4(1)(a) of the Act
3
Exemption is granted from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) to Curen Limited in respect of Lynemouth Power Station for the period commencing on 6th December 2012 and ending on 31st March 2015.
Conditions on exemption
4
The exemption granted by article 3 to Curen Limited is subject to the following conditions —
a
that Curen Limited does not hold a licence under section 6(1)(a) of the Act (a generation licence); and
b
that the highest generation of electricity (at the main alternator terminal) which can be maintained indefinitely at Lynemouth Power Station without causing damage to the generating station does not exceed the highest generation of electricity which could have been so maintained as at 30th September 2000.
Edward Davey
Secretary of State,
Department of Energy and Climate Change
31st October 2012 |
The North Wales (East and Central) (Coroner’s District) Order 2012
The Secretary of State in exercise of the powers conferred by sections 4A(1) and (7) of the Coroners Act 1988 and section 25 of the Welsh Language Act 1993 and having consulted in accordance with section 4A(2) of the Coroners Act 1988, makes the following Order:
Citation
1
This Order may be cited as the North Wales (East and Central) (Coroner’s District) Order 2012.
Commencement and application
2
1
This Order comes into force on 1st January 2013.
2
This Order shall not have effect in relation to any inquest started before the day on which it comes into force or to any post mortem examination which, before that day, a coroner has directed or requested a medical practitioner to make.
Amalgamation of coroners’ districts
3
The existing coroners’ districts of Central North Wales/Canol Gogledd Cymru and North East Wales/Gogledd Dwyrain Cymru are amalgamated to form a single coroner’s district to be known as North Wales (East and Central)/Gogledd Cymru (Dwyrain a Chanol).
Designation of relevant Council
4
Denbighshire County Council shall be the relevant council within the meaning of section 1(1A) of the Coroners Act 1988 for the coroner’s district of North Wales (East and Central) as constituted by article 3.
Amendments to the Coroners’ Districts (Wales) Order 1996
5
1
The Coroners’ Districts (Wales) Order 1996 is amended as follows.
2
In Schedule 1, omit —
a
“Central North Wales/Canol Gogledd Cymru” and “North East Wales/Gogledd Dwyrain Cymru” in column 1; and
b
“The County of Denbighshire and the County Borough of Aberconwy and Colwyn” and “The County of Flintshire and the County Borough of Wrexham” in column 2.
3
In Schedule 1, insert “North Wales (East and Central)/Gogledd Cymru (Dwyrain a Chanol)” in the appropriate alphabetical position in column 1 and insert “The County of Denbighshire, the County Borough of Colwyn, the County of Flintshire and the County Borough of Wrexham” in the corresponding entry in column 2.
Amendments to the Coroners’ Districts (Designation of Relevant Councils) (Wales) Order 1996
6
1
The Coroners’ Districts (Designation of Relevant Councils) (Wales) Order 1996 is amended as follows.
2
In the Schedule, omit —
a
“Central North Wales/Canol Gogledd Cymru” and “North East Wales/Gogledd Dwyrain Cymru” in column 1; and
b
“Denbighshire County Council” and “Wrexham County Borough Council” in column 2.
3
In the Schedule, insert “North Wales (East and Central)/Gogledd Cymru (Dwyrain a Chanol)” in the appropriate alphabetical position in column 1 and insert “Denbighshire County Council” in the corresponding entry in column 2.
Signed on behalf of the Secretary of State
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
15th October 2012 |
The Identification and Traceability of Explosives (Amendment) Regulations 2012
The Secretary of State makes these Regulations —
in exercise of the powers conferred by sections 15(1) and (9) and 82(3)(a) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act ”); and
for the purpose of giving effect without modification to proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act after carrying out consultations in accordance with section 50(3) of the 1974 Act.
Citation and commencement
1
These Regulations may be cited as the Identification and Traceability of Explosives (Amendment) Regulations 2012 and shall come into force on 5th April 2012.
Extension outside Great Britain
2
The amendments made by these Regulations to the Identification and Traceability of Explosives Regulations 2010 (“the 2010 Regulations ”) shall apply outside Great Britain in the same way that the 2010 Regulations apply outside Great Britain by virtue of regulation 3(2) of the 2010 Regulations.
Amendment of the Identification and Traceability of Explosives Regulations 2010
3
1
The Identification and Traceability of Explosives Regulations 2010 are amended as follows.
2
In regulation 1, for “5th April 2012” substitute “5th April 2013”.
3
After regulation 7, insert —
7A
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 other member States have implemented Commission Directive 2008/43/ EC setting up, pursuant to Council Directive 93/15/EC , a system for the identification and traceability of explosives for civil uses which these Regulations implement.
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 the day on which this regulation comes into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Signed by authority of the Secretary of State for Work and Pensions
C. Grayling
Minister of State,
Department for Work and Pensions
1st March 2012 |
The Savings Certificates (Children’s Bonus Bonds) (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 (Children’s Bonus Bonds) (Amendment) Regulations 2012 and come into force on 20th September 2012.
Amendments to the Savings Certificates (Children’s Bonus Bonds) Regulations 1991
2
The Savings Certificates (Children’s Bonus Bonds) Regulations 1991 are amended as follows.
Amendment to regulation 2
3
In regulation 2 (interpretation), in paragraph (1) —
a
omit the definition of “the adjudicator”;
b
after the definition of “amount repayable”, insert —
“bonus” means any return on a certificate that is conditional on it being held for an entire term;
“capital value”, in relation to a certificate, means —
the purchase price of that certificate, plus
any interest, bonus or other sum that has accrued in respect of that certificate and has been added to its value in accordance with the terms and conditions applying to it;
;
c
for the definition of “certificate”, substitute —
“certificate” means a Children’s Bond or a Children’s Bonus Bond;
;
d
after the definition of “certificate”, insert —
“Children’s Bond” means a Treasury security —
issued under the name of a children’s bond pursuant to an application to purchase received by the Director of Savings after 19th September 2012, or
issued under the name of a children’s bonus bond pursuant to an application to purchase received by the Director of Savings 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;
“Children’s Bonus Bond” means a Treasury security —
which was issued under the name of a children’s bonus bond pursuant to an application to purchase received by the Director of Savings before 20th September 2012, and
for which any term which was current on 19th September 2012 is still the current term;
;
e
for the definition of “multiple certificate”, substitute —
“multiple certificate” means a Children’s Bonus Bond representing more than one unit certificate
;
f
after the definition of “person who lacks capacity”, insert —
“term”, in relation to a certificate, means a specified period of time for which a rate of interest has been fixed for that certificate;
“Treasury security” means a security issued by the Treasury under the auspices of the Director of Savings for the purpose of raising money under the National Loans Act 1968;
;
g
omit the definition of “unit”; and
h
for the definition of “unit certificate”, substitute —
“unit certificate” means a Children’s Bonus Bond issued on payment of the minimum amount for which a Children’s Bonus Bond of that description could be purchased.
.
Amendment to regulation 3
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 the words from “such documents” to the end, substitute “such information in such manner as may be required by the Director of Savings”.
Amendment to regulation 4
5
In regulation 4 (persons entitled to purchase and hold certificates) —
a
in paragraph (1), for “A certificate”, substitute “Subject to paragraph (1A), a certificate”;
b
after paragraph (1), insert —
1A
After 19th September 2012, the Director of Savings may only accept an application to purchase a certificate on behalf of and in the name of a person who has not attained the age of sixteen years which is made by a parent, guardian, grandparent or great-grandparent of that person.
;
c
in paragraph (2), for “Any certificate purchased under paragraph (1)”, substitute “Each certificate”; and
d
for paragraph (4), substitute —
4
A person may not continue to hold a certificate after the end of a term of that certificate which ends both —
a
after 19th September 2012; and
b
at a time at which that person has attained the age of sixteen years.
4A
The Director of Savings shall pay the amount repayable in respect of a certificate to which paragraph (4) applies to a person entitled to receive it by such means as the Director of Savings thinks fit.
.
Substitution of regulation 5
6
For regulation 5 (maximum holding of certificates), substitute —
Maximum holding of certificates
5
1
A person may not purchase a certificate if the aggregate purchase price of the certificates of that description which would be held by the person on whose behalf it is to be purchased, if the purchase were made, would exceed the maximum set by the terms and conditions applying to that description of certificate.
2
For the purposes of paragraph (1), the aggregate purchase price of the certificates of any description held by a person shall be calculated in accordance with the terms and conditions applying to that description of certificates.
3
No person may hold a certificate purchased in contravention of paragraph (1).
.
Insertion of regulations 5A and 5B
7
After regulation 5, insert —
Return on certificates
Accrual of interest
5A
1
This regulation applies in respect of —
a
any Children’s Bond; and
b
any Children’s Bonus Bond from and including the anniversary of its date of purchase 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 a certificate 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 a certificate on the particular day,
V is the capital value of the certificate on that day, and
I% is the annual rate of interest fixed for the current term of the certificate, excluding any bonus that may apply.
No bonus on Children’s Bonds
5B
No bonus shall be payable in respect of Children’s Bonds.
.
Amendment to regulation 6
8
In regulation 6 (applications for repayment) —
a
in paragraph (1), omit —
i
“in writing”; and
ii
the words from “Where repayment is requested” to the end;
b
after paragraph (1), insert —
1A
An application under paragraph (1), which is made in respect of a Children’s Bonus Bond, may include a request for repayment to be made on a specified date that is, unless the Director of Savings otherwise agrees, not more than two months after the date on which the application was made.
; and
c
after paragraph (2), insert —
2A
An application for repayment of part of a Children’s Bond may only be accepted if the capital value of the part that the holder would retain would, immediately after the repayment, be equal to or greater than £25, or such greater value as may be specified in the terms and conditions applying to the Children’s Bond.
.
Amendment to regulation 7
9
In regulation 7 (repayment warrants) —
a
for the heading substitute “Means of repayment”;
b
for paragraph (1), substitute —
1
A person who is entitled to make an application for repayment in respect of a certificate under these Regulations may request that a repayment be made —
a
by crossed warrant;
b
by electronic transfer; or
c
by using all or part of the amount repayable to —
i
purchase, in the name of the holder, any other description of Treasury security; or
ii
make a deposit with the National Savings Bank.
1A
The Director of Savings may refuse to give effect to a request made under paragraph (1) if —
a
under the terms and conditions applying to the certificate, the applicant is not entitled to make the request; or
b
the request is made under paragraph (1)(c).
1B
Every application for repayment shall be treated as implying an authority to the Director of Savings to make payment in accordance with that application.
1C
If the Director of Savings has initiated a payment, the authority to make that payment mentioned in paragraph (1B) shall not be terminated by —
a
the death of any person who made the application for repayment; or
b
any notice purporting to countermand that authority.
;
c
omit paragraph (3);
d
for paragraph (4), substitute —
4
For the purposes of determining the amount repayable in respect of a certificate, any payment of an amount repayable by crossed warrant shall be deemed to be effected on the date appearing on the warrant.
; and
e
in paragraph (5), after “and where the holder has requested”, insert “in accordance with regulation 6(1A)”.
Insertion of regulation 7A
10
After regulation 7, insert —
Record of partial repayments
7A
1
This regulation applies in respect of —
a
any Children’s Bond; and
b
any Children’s Bonus Bond from and including the anniversary of its date of purchase that falls after 19th September 2012 and before 20th September 2013.
2
Where part of a certificate to which this regulation applies has been repaid, the Director of Savings shall promptly make available to the person who requested the repayment a record of —
a
the amount repaid;
b
the capital value of the part of the certificate that has not been repaid;
c
the annual rate of interest applying to the certificate; and
d
the date on which the current term of the certificate will end.
3
Nothing in the terms and conditions applying to a certificate to which this regulation applies shall require the Director of Savings to issue a certificate in documentary form.
.
Insertion of regulation 10A
11
After regulation 10 (repayment in case of bankrupts), insert —
Early repayment
10A
1
In this regulation, a “relevant application” means an application for repayment of the whole or any part of the amount repayable in respect of a Children’s Bond, except an application made in the event of the death of the holder.
2
This regulation applies where a relevant application is made requesting payment before the end of the term which is current on the date that the application is received.
3
Subject to paragraph (4), the Director of Savings shall deduct from the amount that would otherwise have been payable pursuant to the relevant application an early repayment penalty calculated using the following formula —
P = R × I % × (
90
365
)
where —
P is the early repayment penalty,
R is the amount of the repayment requested in the relevant application, and
I% is the annual rate of interest fixed for the current term.
4
The Director of Savings may refrain from deducting the early repayment penalty if satisfied that, in the particular circumstances of the relevant application, it would be unjust to make that deduction.
5
For the purpose of regulation 24(1), where a repayment has been made subject to the deduction of an early repayment penalty in accordance with paragraph (3), the Director of Savings shall be treated as having made repayment of the full amount requested in the relevant application.
.
Amendment to regulation 17
12
In regulation 17 (loss of certificates, etc ) —
a
for the heading, substitute “Loss of documents”; and
b
in paragraph (1), for “in writing to the Director of Savings”, substitute “to the Director of Savings in the approved manner”.
Amendment to regulation 18
13
In regulation 18 (forfeiture of certificates) —
a
for the heading, substitute “Forfeiture of Children’s Bonus Bonds”;
b
in paragraph (1) —
i
for “certificate”, on each occasion that it occurs, substitute “Children’s Bonus Bond”; and
ii
for “certificates”, on each occasion that it occurs, substitute “Children’s Bonus Bonds”; and
c
in paragraph (4), for “any certificate”, substitute “any documents relating to a Children’s Bonus Bond”.
Insertion of regulation 18A
14
After regulation 18, insert —
Forfeiture of Children’s Bonds
18A
1
The Director of Savings may, if the Director of Savings thinks fit, direct that a Children’s Bond shall be forfeited.
2
The circumstances under which the Director of Savings may make a direction under paragraph (1) include the following —
a
the Children’s Bond was purchased, or is held, otherwise than in accordance with these Regulations; or
b
the Director of Savings reasonably suspects that —
i
the Children’s Bond is being held in connection with an illegal purpose; or
ii
false information has been provided to the Director of Savings by the purchaser of the Children’s Bond, by the holder of the Children’s Bond, or by any person acting on the holder’s behalf.
3
Where the Director of Savings directs that a Children’s Bond shall be forfeited under paragraph (1) —
a
an amount equal to the purchase price of the Children’s Bond shall be payable to the holder; and
b
any other amount which was payable under the terms and conditions applying to the Children’s Bond 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 20
15
In regulation 20 (rectification of mistakes) —
a
in paragraph (1), for “in writing to the Director of Savings”, substitute “to the Director of Savings in the approved manner”; and
b
in paragraph (2), for the words “certificate or other document”, substitute “document relating to a certificate”.
Revocation of regulation 21
16
Omit regulation 21 (settlement of disputes).
Amendment to regulation 24
17
In regulation 24 (indemnity of Treasury, Director of Savings and officers), for paragraph (2), substitute —
2
Subject to regulation 25, where the payment of an 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 25, where the payment of an amount repayable in respect of a Children’s Bond 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 Children’s Bonds, payment by crossed warrant or by electronic transfer, and
in the case of Children’s Bonus Bonds, payment by crossed warrant.
.
Substitution of regulation 26
18
For regulation 26 (form of documents), substitute —
Applications
26
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 28
19
In regulation 28 (obligation of secrecy), in paragraph (2)(a), after “issuing any certificates”, insert “in documentary form”.
Amendment to regulation 32
20
In regulation 32 (application to Channel Islands), omit paragraph (3)(g).
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2012 |
The North Level District (2010) 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 North Level District (2010) 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 with modifications
2
1
The Scheme submitted by the Environment Agency is confirmed with modifications.
2
The Scheme, as modified by the Secretary of State, 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 January 2012
SCHEDULE
SCHEME SUBMITTED BY THE ENVIRONMENT AGENCY, AS MODIFIED BY THE SECRETARY OF STATE
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 Commissioners of the Nene Wash Lands and the North Level District Internal Drainage Board;
“the commencement date” means the date on which this Scheme comes into force;
“the Map” means the map dated 12 August 2010 entitled “The North Level District (2010) Internal Drainage District: Electoral Divisions”;
“The Commissioners of the Nene Wash Lands” means the commissioners incorporated under section 40 of the Nene Valley Act 1862 ;
“the new Board” means the internal drainage board constituted by virtue of paragraph 3(3) of this scheme;
“the North Level District Internal Drainage Board” means the internal drainage board constituted by the scheme confirmed by the North Level Internal Drainage Board Order 2005 and “the North Level District Internal Drainage District” means the internal drainage district constituted by that scheme, as confirmed, the boundaries of which were altered by the scheme confirmed by the North Level District Internal Drainage District and the South Holland Internal Drainage District (Alteration of Boundaries) Order 2009 ;
“property” means, in relation to either 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 either of the abolished boards, all rights, powers, duties (including statutory powers and 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 Wash Lands” means the internal drainage board distinguished “as the Wash Lands” in section 84 of the Nene Valley Drainage and Navigation Improvement Act 1852 , and amended by article 5 and article 6 of the River Nene Catchment Board (Transfer of Main River) Scheme, 1932 confirmed by the Order made by the Minister of Agriculture and Fisheries dated the 24 th October 1932.
3
1
The Commissioners of the Nene Wash Lands and the North Level District Internal Drainage Board are abolished.
2
The Wash Lands and the North Level District Internal Drainage District are amalgamated into, and are constituted as, one internal drainage district to be known as “the North Level District (2010) Internal Drainage District”.
3
A new internal drainage board to be known as “the North Level District (2010) Internal Drainage Board” is constituted for the North Level District (2010) Internal Drainage District.
4
1
The new Board is to consist of 14 elected members elected in accordance with the provisions made by or under Schedule 1 to the Land Drainage Act 1991.
2
The North Level District (2010) Internal Drainage District is divided into 2 Electoral Divisions as specified in the first column of the table below and as defined in the second column by reference to the Map, and the number of members by which each Electoral Division is to be represented is provided in the third column of the table.
Electoral Divisions Defined on the Map Number of Members
North Level Western District In Pink 8 North Level Eastern District In Blue 6
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 1 September 2010
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 Charitable Incorporated Organisations (Consequential Amendments) Order 2012
A draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 74(5) of the Charities Act 2006 and section 349(3) of the Charities Act 2011.
Citation and commencement
1
This Order may be cited as the Charitable Incorporated Organisations (Consequential Amendments) Order 2012 and comes into force on the twenty eighth day after the day on which it is made.
Amendment of the Company Directors Disqualification Act 1986
2
Before section 23 of the Company Directors Disqualification Act 1986 insert —
Application of Act to charitable incorporated organisations
22F
1
This Act applies to charitable incorporated organisations (“ CIOs ”) as it applies to companies.
2
Accordingly, in this Act —
a
references to a company are to be read as including references to a CIO ;
b
references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and
c
any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs .
3
As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications —
a
in section 2(1) , the reference to striking off is to be read as including a reference to dissolution;
b
in section 4(1)(a) , the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012 (fraudulent trading);
c
sections 9A to 9E are to be disregarded;
d
references to any of sections 9A to 9E are to be disregarded;
e
references to a shadow director are to be disregarded.
4
In the application of Schedule 1 to the charity trustees of a CIO, references to the provisions of the Companies Act 2006 are to be read as including references to the corresponding provisions (if any) of the Charities Act 2011 and regulations made under that Act.
5
In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.
.
Amendments of the Employment Rights Act 1996
3
At the end of section 166 of the Employment Rights Act 1996 (unpaid redundancy payments: applications to the Secretary of State) insert —
9
In this section —
a
references to a company are to be read as including references to a charitable incorporated organisation, and
b
any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.
.
4
At the end of section 183 of that Act (insolvency of employer) insert —
5
In this section —
a
references to a company are to be read as including references to a charitable incorporated organisation, and
b
any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.
.
Amendments of the Charities Act 2011
5
In section 180 of the Charities Act 2011 (disqualification: exceptions in relation to charitable companies) —
a
in subsection (1) —
i
after “charitable company” insert “or a CIO”; and
ii
after “director of the company” insert “or charity trustee of the CIO (as the case may be)”;
b
in subsection (2) —
i
after “charitable company” insert “or a CIO”; and
ii
after “director of the company” insert “or charity trustee of the CIO (as the case may be)”.
6
In section 181 of that Act (power to waive disqualification), in subsection (5) —
a
after “charitable company” insert “or CIO”;
b
in paragraph (a), after “director of the company” insert “or charity trustee of the CIO (as the case may be)”; and
c
in paragraph (b), for “director of any other company” substitute “director of any company or charity trustee of any CIO”.
7
In section 183 of that Act (criminal consequences of acting while disqualified), in subsection (2)(a) after “company” insert “or a CIO”.
8
In the Table in Schedule 6 to that Act (appeals and applications to Tribunal), after the entry relating to a decision of the Commission under section 242 of the Act to refuse to confirm a resolution passed by a CIO insert —
1 2 3
“Decision of the Commission under regulations made by virtue of section 245 to grant an application for the dissolution of a CIO. The persons are —
the CIO,
the charity trustees of the CIO, or the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,
any creditor of the CIO, and
any other person who is or may be affected by the decision.
Power to quash the decision and (if appropriate) remit the matter to the Commission. Decision of the Commission under regulations made by virtue of section 245 not to grant an application for the dissolution of a CIO. The persons are —
the CIO,
the charity trustees of the CIO, and
any other person who is or may be affected by the decision.
Power to —
quash the decision and (if appropriate) remit the matter to the Commission,
direct the Commission to grant the application.
Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO which it has reasonable cause to believe is not in operation. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,
any creditor of the CIO, and
any other person who is or may be affected by the decision.
Power to quash the decision and (if appropriate) remit the matter to the Commission. Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO it no longer considers to be a charity. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,
any creditor of the CIO, and
any other person who is or may be affected by the decision.
Power to quash the decision and (if appropriate) remit the matter to the Commission. Decision of the Commission under regulations made by virtue of section 245 to dissolve a CIO which is being wound up. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,
the liquidator of the CIO (if any),
any creditor of the CIO, and
any other person who is or may be affected by the decision.
Power to quash the decision and (if appropriate) remit the matter to the Commission. Order made by the Commission under regulations made by virtue of section 245 specifying the charitable purposes, charity or charities for which the official custodian holds on trust the property of a CIO which has been dissolved. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and
any other person who is or may be affected by the order.
Power to —
quash the order in whole or in part and (if appropriate) remit the matter to the Commission,
substitute for all or part of the order any other order which could have been made by the Commission,
add to the order anything which could have been included in an order made by the Commission.
Order made by the Commission under regulations made by virtue of section 245 vesting property held by the official custodian in a charity or charities. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and
any other person who is or may be affected by the order.
Power to —
quash the order in whole or in part and (if appropriate) remit the matter to the Commission,
substitute for all or part of the order any other order which could have been made by the Commission,
add to the order anything which could have been included in an order made by the Commission.
Decision of the Commission under regulations made by virtue of section 245 to restore or not to restore a CIO to the register. The persons are —
the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and
any other person who is or may be affected by the decision.
Power to quash the decision and (if appropriate) —
remit the matter to the Commission,
direct the Commission to rectify the register.
.
Nick Hurd
Parliamentary Secretary
Cabinet Office
5th December 2012 |
The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012
Before doing so, in accordance with section 303(4) of that Act, the Secretary of State for Health has consulted the Scottish Ministers.
Citation, commencement, extent and application
1
1
This Order may be cited as the Health and Social Care Act 2012 (Consequential Provision — Social Workers) Order 2012.
2
This Order comes into force on 1st August 2012, except for paragraph 90 of the Schedule and article 11 so far as relating to it, which come into force on 1st October 2012.
3
Except as mentioned in paragraph (4), this Order extends to England and Wales, Scotland and Northern Ireland.
4
An amendment made by this Order has the same extent and application as the provision amended.
Amendment of the Health and Social Work Professions Order 2001
2
In article 13 of the Health and Social Work Professions Order 2001 (transitional provisions relating to admission to the register) —
a
in paragraph (1), after “(1A)” insert “or (1B)”, and
b
after paragraph (1A) insert —
1B
This paragraph applies to a person who applies for admission to the register as a social worker on or after 1st August 2012.
Amendment of Health Professions (Parts of and Entries in the Register) Order of Council 2003
3
1
The Health Professions (Parts of and Entries in the Register) Order of Council 2003 is amended as follows.
2
In article 1(2) (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 1 (parts of the register), in the table, after the final entries in columns 1 and 2 add —
a
in column 1, “Part 16–Social Workers”, and
b
in column 2, “Social Worker”.
Amendment of Health Professions Council (Registration and Fees) Rules Order of Council 2003
4
1
The Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 (the Health Professions Council (Registration and Fees) Rules 2003) is amended as follows.
2
In rule 2 (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In rule 2A (application to visiting health professionals from relevant European States), including the heading to that rule, for “visiting health professionals” substitute “visiting health or social work professionals”.
4
In rule 10 (registration period) —
a
after paragraph (2B) insert —
2C
The first registration period of a social worker who, on 1st August 2012, is transferred to the register by virtue of article 4(1) of the General Social Care Council (Transfer of Register and Abolition–Transitional and Saving Provision) Order of Council 2012 (transfer of register of social workers maintained by General Social Care Council) ends on 30th November 2012.
;
b
In paragraph (3), for “(2A) or (2B)” substitute “(2A), (2B) or (2C)”.
5
In rule 11A (continuing professional development), in paragraph (2), for “health professional” substitute “registrant”.
6
In rule 14 (registration fee) —
a
in paragraph (1), for “(2) to (4)” substitute “(2) to (5)”;
b
after paragraph (4) add —
5
A social worker whose first registration period is provided for in rule 10(2C) is not liable to pay a registration fee in respect of that registration period.
.
7
In Schedule 5 (registration period), after the entry in column 1 relating to “Radiographers: Diagnostic or Therapeutic” and the corresponding entry in column 2, insert —
a
in column 1, “Social Workers”, and
b
in column 2, “30th November in an even-numbered year”.
Amendment of the Health Professions (Screeners) Rules Order of Council 2003
5
1
The Schedule to the Health Professions (Screeners) Rules Order of Council (the Health Professions Council (Screeners) Rules 2003) is amended as follows.
2
In rule 2 (interpretation) —
a
omit the definition of “health professional”,
b
in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and omit “and” at the end, and
c
after that definition insert —
“registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended; and
.
3
In rule 4 (panels), in paragraph (3), for “health professional” substitute “registrant”.
4
In rule 5 (consideration of allegations), in each of sub-paragraphs (a) and (b) of paragraph (5), for “health professional” substitute “registrant”.
Amendment of the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003
6
1
The Schedule to the Health Professions Council (Investigating Committee) Procedure Rules Order of Council 2003 (the Health Professions Council (Investigating Committee) (Procedure) Rules 2003) is amended as follows.
2
In rule 2 (interpretation) —
a
omit the definition of “health professional”,
b
in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,
c
in both paragraphs of the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and
d
after the definition of “register entry allegation” insert —
“registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended;
.
3
In each of the following rules, in each place where it occurs (including the heading to rule 9), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants” —
a
rule 3 (service of documents),
b
rule 4 (investigation of allegations),
c
rule 5 (notice of register entry allegation),
d
rule 6 (register entry allegations–procedure),
e
rule 8 (conduct of hearing),
f
rule 8A (vulnerable witnesses), and
g
rule 9 (absence of the health professional).
Amendment of the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003
7
1
The Schedule to the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003 (the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003) is amended as follows.
2
In rule 2 (interpretation) —
a
omit the definition of “health professional”,
b
in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,
c
in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and
d
after the definition of “Presenting Officer” insert —
“registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.
.
3
In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants” —
a
rule 3 (service of documents),
b
rule 4 (referral to Health Committee),
c
rule 5 (allegations),
d
rule 6 (hearings),
e
rule 8 (further investigations),
f
rule 9 (compliance with standards),
g
rule 10 (conduct of hearing),
h
rule 10A (vulnerable witnesses),
i
rule 11 (absence of the health professional),
j
rule 12 (disposal of cases).
Amendment of the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003
8
1
The Schedule to the Health Professions Council (Health Committee) (Procedure) Rules Order of Council 2003 (the Health Professions Council (Health Committee) (Procedure) Rules 2003) is amended as follows.
2
In rule 2 (interpretation) —
a
omit the definition of “health professional”,
b
in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,
c
in the definition of “Presenting Officer”, for “health professional” substitute “registrant”, and
d
after the definition of “Presenting Officer” insert —
“registrant” means a person whose name appears in the register against whom an allegation has been made, and includes a person whose registration is currently suspended.
.
3
In each of the following rules, in each place where it occurs (including the heading to rule 11), for “health professional”, “health professional’s” or “health professionals” substitute respectively “registrant”, “registrant’s” or “registrants” —
a
rule 3 (service of documents),
b
rule 4 (referral to Conduct and Competence Committee),
c
rule 5 (allegations),
d
rule 6 (hearings),
e
rule 8 (further investigations),
f
rule 9 (compliance with standards),
g
rule 10 (conduct of hearing),
h
rule 10A (vulnerable witnesses),
i
rule 11 (absence of the health professional),
j
rule 12 (disposal of cases).
Amendment of the Health Professions Council (Registration Appeals) Rules Order of Council 2003
9
1
The Schedule to the Health Professions Council (Registration Appeals) Rules Order of Council 2003 (the Health Professions Council (Registration Appeals) Rules 2003) is amended as follows.
2
In rule 2 (interpretation), in the definition of “Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In rule 14 (conduct of hearing), in paragraph (1), for “health professional” substitute “appellant”.
Amendment of the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009
10
In the Schedule to the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 (the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009), in rule 2 (interpretation) —
a
in paragraph (a) of the definition of “lay member”, omit “or” at the end of sub-paragraph (ii), and for “and” at the end of sub-paragraph (iii) substitute —
or
iv
registered as a social worker, or as a visiting social worker from a relevant European state, in a register maintained under section 56 of the Care Standards Act 2000 or in any equivalent register provided for under the law of Scotland or Northern Ireland; and,
and
b
in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Other consequential provision
11
The Schedule to this Order, which contains further amendments and other provision consequential on Part 7 of the Health and Social Care Act 2012, has effect.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State
Department of Health
18th June 2012
SCHEDULE
Consequential amendments and other provision
Article 11
Part 1 Amendments consequential on re-naming of Health Professions Order 2001
National Assistance (Professions Supplementary to Medicine) Regulations 1964
1
In regulation 2 of the National Assistance (Professions Supplementary to Medicine) Regulations 1964 (interpretation), in paragraph (2) (in both forms ), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Professions Supplementary to Medicine) Regulations 1974
2
In regulation 2 of the National Health Service (Professions Supplementary to Medicine) Regulations 1974 (interpretation), in paragraph (2) (in both forms ), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Speech Therapists) Regulations 1974
3
In regulation 3 of the National Health Service (Speech Therapists) Regulations 1974 (employment of officers), in paragraph (5), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974
4
In regulation 2 of the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974 (interpretation), in paragraph (2), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
5
In Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (excepted professions, offices, employments, work and occupations), in Part 1 (professions), in paragraph 10, for “Health Professions Order 2001 applies” substitute “Health and Social Work Professions Order 2001 applies, other than the profession of social worker,”.
Medicines (Labelling and Advertising to the Public) Regulations 1978
6
In regulation 5 of the Medicines (Labelling and Advertising to the Public) Regulations 1978 (prohibition of representations), in paragraph (2)(b), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
7
In regulation 1(2) of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (interpretation), in sub-paragraph (a) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines (Pharmacy and General Sale–Exemption) Order 1980
8
In article 1(2) of the Medicines (Pharmacy and General Sale–Exemption) Order 1980 (interpretation), in sub-paragraph (a), in each of the following, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001” —
a
the definitions of each of “registered chiropodist”, “registered dietician”, “registered occupational therapist”, “registered orthoptist”, “registered orthotist and prosthetist”, “registered paramedic”, “registered physiotherapist”, “registered radiographer” and “registered speech and language therapist”,
b
paragraph (c) of the definition of “relevant register”, and
c
paragraph (d) of the definition of “supplementary prescriber”.
Health Education Board for Scotland Order 1990
9
In the Schedule to the Health Education Board for Scotland Order 1990 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Pharmaceutical Services) Regulations 1992
10
In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 1992 (interpretation) —
a
in paragraph (c) of the definition of “relevant register” , for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (a) of the definition of “supplementary prescriber” , in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
11
In regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,
b
in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
State Hospitals Board for Scotland Order 1995
12
In the Schedule to the State Hospitals Board for Scotland Order 1995 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Prescription Only Medicines (Human Use) Order 1997
13
1
The Prescription Only Medicines (Human Use) Order 1997 is amended as follows.
2
In article 1(2) (interpretation), in sub-paragraph (a), in each of the following, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001” —
a
the definitions of each of “registered chiropodist”, “registered dietician”, “registered occupational therapist”, “registered orthoptist”, “registered orthotist and prosthetist”, “registered paramedic”, “registered physiotherapist”, “registered radiographer” and “registered speech and language therapist”,
b
paragraph (c) of the definition of “relevant register”, and
c
paragraph (d) of the definition of “supplementary prescriber”.
3
In article 13A (exemptions relating to prescriptions given by certain health professionals), in paragraph (1)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Pharmaceutical Services Regulations (Northern Ireland) 1997
14
In regulation 2(1) of the Pharmaceutical Services Regulations (Northern Ireland) 1997 , in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Scottish Ambulance Service Board Order 1999
15
In the Schedule to the Scottish Ambulance Service Board Order 1999 (enactments applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999
16
In regulation 1(2) of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 (interpretation), in the definition of “health care professional”, in paragraph (e), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than that of social worker)”.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
17
In regulation 5 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (disqualification for appointment: chairman and non-officer members), in paragraph (5)(e), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than that of social worker)”.
National Health Service (Charges for Drugs and Appliances) Regulations 2000
18
In regulation 2(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Representation of the People (England and Wales) Regulations 2001
19
In regulation 53 of the Representation of the People (England and Wales) Regulations 2001 (additional requirements for application for a proxy vote for a definite or indefinite period on grounds of blindness or other disability) —
a
in paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (3)(a), after sub-paragraph (ii) add —
iii
the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or
.
Representation of the People (Scotland) Regulations 2001
20
In regulation 53 of the Representation of the People (Scotland) Regulations 2001 (additional requirements for application for a proxy vote for a particular or indefinite period on grounds of blindness or other disability), in paragraph (2)(j) —
a
for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
at the end add “, other than the profession of social worker;”.
Misuse of Drugs Regulations 2001
21
In regulation 2(1) of the Misuse of Drugs Regulations 2001 (interpretation), in the definition of “operating department practitioner”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
NHS 24 (Scotland) Order 2001
22
In the Schedule to the NHS 24 (Scotland) Order 2001 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001
23
In regulation 4 of the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001 (disqualification for appointment as convenor or member of Scottish Social Services Council), in paragraph (5)(f), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Scottish Social Services Council (Consultation on Codes of Practice) Order 2001
24
In article 2 of the Scottish Social Services Council (Consultation on Codes of Practice) Order 2001 (consultation on codes of practice), in paragraph (i), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
NHS Education for Scotland Order 2002
25
In the Schedule to the NHS Education for Scotland Order 2002 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002
26
In regulation 3 of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002 (membership of the Committee), in paragraph (3)(h), for “Health Professions Order 2001 applies” substitute “Health and Social Work Professions Order 2001 applies (other than that of social worker)”.
National Waiting Times Centre Board (Scotland) Order 2002
27
In the Schedule to the National Waiting Times Centre Board (Scotland) Order 2002 (enactments to be applied to the Board), in Part 3, in column 2 of the entry relating to the National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 1974, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Misuse of Drugs Regulations (Northern Ireland) 2002
28
In regulation 2(2) of the Misuse of Drugs Regulations (Northern Ireland) 2002 (interpretation), in the definition of “operating department practitioner”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Health Professions Council (Functions of Assessors) Rules Order of Council 2003
29
In the Schedule to the Health Professions Council (Functions of Assessors) Rules Order of Council 2003 (the Health Professions Council (Functions of Assessors) Rules 2003), in the definition of “the Order” in rule 2 (interpretation), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Health Professions Order 2001 (Legal Assessors) Order of Council 2003
30
1
The Health Professions Order 2001 (Legal Assessors) Order of Council 2003 is amended as follows.
2
In article 1(1) (citation), for “Health Professions Order 2001 (Legal Assessors) Order 2003” substitute “Health and Social Work Professions Order 2001 (Legal Assessors) Order 2003”.
3
In article 1(2) (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
4
In the title to the Order, for “Health Professions Order 2001 (Legal Assessors) Order of Council 2003” substitute “Health and Social Work Professions Order 2001 (Legal Assessors) Order of Council 2003”.
Medicines (Child Safety) Regulations 2003
31
In regulation 1(2) of the Medicines (Child Safety) Regulations 2003 (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Registered Health Care Profession (Designation) Order 2003
32
In article 2 of the Registered Health Care Profession (Designation) Order 2003 (designation of paramedics), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Registered Health Care Profession (Designation No. 2) Order 2003
33
In article 2 of the Registered Health Care Profession (Designation No. 2) Order 2003 (designation of paramedics), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
34
In Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (excepted professions, offices, employments and occupations), in Part 1 (professions), in paragraph 10, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (General Medical Services Contracts) Regulations 2004
35
1
The National Health Service (General Medical Services Contracts) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 6 (other contractual terms), in paragraph 80 (provision of information to a medical officer etc. ), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
European Parliamentary Elections Regulations 2004
36
In Schedule 2 to the European Parliamentary Elections Regulations 2004 (absent voting), in paragraph 23 (additional requirements for applications for a proxy vote on grounds of blindness or other disability) —
a
in sub-paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”,
b
in sub-paragraph (2)(n)(i), omit “England and”, and
c
in sub-paragraph (3)(a), after paragraph (ii) add —
iii
the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or
.
National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
37
1
The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 6 (other contractual terms), in paragraph 78 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Personal Medical Services Agreements) Regulations 2004
38
1
The National Health Service (Personal Medical Services Agreements) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 5 (other contractual terms), in paragraph 76 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines for Human Use (Clinical Trials) Regulations 2004
39
In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 (interpretation), in paragraph (f) of the definition of “health care professional”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001, other than a social worker registered in Part 16”.
National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
40
1
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 5 (other contractual terms), in paragraph 72 (provision of information to a medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004
41
1
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
In Schedule 1 (content of agreements), in paragraph 38 (provision of information to medical officer etc.), in each of paragraphs (c) and (d) of sub-paragraph (4), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004
42
In article 5 of the Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004 (disqualification for appointment), in paragraph (10)(d), for “Health Professions Order 2001 extends” substitute “Health and Social Work Professions Order 2001 extends (other than the profession of social worker)”.
Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004
43
In regulation 2 of the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 (interpretation), in paragraph (b) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Pharmaceutical Services) Regulations 2005
44
In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 2005 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines for Human Use (Prescribing) Order 2005
45
In article 1(4) of the Medicines for Human Use (Prescribing) Order 2005 (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
46
In article 5 of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005 (disclosure for medical purposes), in paragraph (3)(e), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Gender Recognition (Disclosure of Information) (Scotland) Order 2005
47
In article 5 of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005 (disclosure for medical purposes), in paragraph (2)(b)(v), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005
48
In Schedule 1 to the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (exemptions and exceptions from the certain registration requirements), in paragraph 1 (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
49
In regulation 2(1) of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (interpretation), in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007
50
1
The English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 is amended as follows.
2
In regulation 2(1) (interpretation) —
a
in paragraph (c) of the definition of “relevant register”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in paragraph (a) of the definition of “supplementary prescriber”, in sub-paragraph (iv), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
3
The Welsh language text of those regulations (Rheoliadau’r Gwasanaeth Iechyd Gwladol (Presgripsiynau am Ddim a Ffioedd am Gyffuriau a Chyfarpar) (Cymru) 2007) is amended as follows.
4
In regulation 2(1) (dehongli) —
a
in paragraph (c) of the definition of “cofrestr berthnasol”, for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”, and
b
in paragraph (a) of the definition of “rhagnodydd atodol”, in sub-paragraph (iv), for “Orchymyn Proffesiynau Iechyd Cymru 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
National Assembly for Wales (Representation of the People) Order 2007
51
In Schedule 1 to the National Assembly for Wales (Representation of the People) Order 2007 (absent voting at Assembly elections), in paragraph 4 (additional requirements for applications on grounds of blindness or other disability) —
a
in sub-paragraph (2)(j), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
in sub-paragraph (3)(a), after paragraph (ii) insert —
iii
the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or
.
Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
52
In regulation 8 of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability), in paragraph (2)(j) —
a
for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
at the end add “, other than the profession of social worker;”.
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
53
In article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: duty to refer), in paragraph (7), in entry no.10 of the Table, for “Health Professions Order 2001” in column 1 substitute “Health and Social Work Professions Order 2001”.
Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008
54
In Schedule 1 to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 (professional requirements), in paragraph (c), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
55
In regulation 5 of the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 (eligibility to carry out a best interests assessment), in paragraph (2)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008
56
In regulation 2 of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008 (conditions of appointment for chair and non-executive members of the Council), in paragraph (2)(j), for paragraph (iii) substitute —
iii
Health and Social Work Professions Order 2001,
.
Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008
57
1
In Schedule 1 to the English language text of the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 (professional requirements), in paragraph 1(c) for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
2
In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cymeradwyo Personau i fod yn Weithwyr Proffesiynol Iechyd Meddwl Cymeradwy) (Cymru) 2008) (gofynion proffesiynol) in paragraph 1(c), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008
58
In article 3 of the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008 (restriction on the authorisation of council officers to perform investigative functions under the 2007 Act), in paragraph (2)(a)(iii), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009
59
1
In regulation 5 of the English language text of the Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009 (eligibility to carry out best interests assessments), in paragraph (1)(d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
2
In regulation 5 of the Welsh language text of those regulations (Rheoliadau Galluedd Meddyliol (Amddifadu o Ryddid: Asesiadau, Awdurdodiadau Safonol ac Anghydfodau ynghylch Preswyliaeth) (Cymru) 2009), in paragraph (1)(ch), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
Health Professions Council (Constitution) Order 2009
60
In article 1(2) of the Health Professions Council (Constitution) Order 2009 (interpretation), in the definition of “the Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Medicines (Exemptions and Miscellaneous Amendments) Order 2009
61
In article 1(2) of the Medicines (Exemptions and Miscellaneous Amendments) Order 2009 (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
62
In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (interpretation), in paragraph (d) of the definition of “supplementary prescriber”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009
63
In regulation 2 of the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 (membership of local commissioning groups), in paragraph (2)(i), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
64
In regulation 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (interpretation), in the definition of “the 2001 Order”, for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
Scottish Parliament (Elections etc.) Order 2010
65
In Schedule 3 to the Scottish Parliament (Elections etc.) Order 2010 (absent voting), in paragraph 5 (additional requirements for applications on grounds of disability), in sub-paragraph (2)(i) —
a
for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
at the end add “, other than the profession of social worker;”.
Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011
66
1
In Schedule 1 to the English language text of the Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011 (professional requirements), in each of paragraphs (c), (d), (f), (g) and (h), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
2
In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cydgysylltu Gofal a Chynllunio Gofal a Thriniaeth) (Cymru) 2011) (gofynion proffesiynol), in each of paragraphs (c), (ch), (dd), (e) and (f), for “Orchymyn Proffesiynau Iechyd 2001” substitute “Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011
67
In regulation 1(2) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011 (interpretation), in paragraph (f) of the definition of “health care professional” —
a
for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
at the end add “, other than the profession of social worker;”.
Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011
68
In regulation 4 of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (welfare of users), in paragraph (4)(f) —
a
for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”, and
b
at the end add “, other than the profession of social worker;”.
Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012
69
1
In the Schedule to the English language text of the Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012 (professional requirements), in paragraph 1(c) and (d), for “Health Professions Order 2001” substitute “Health and Social Work Professions Order 2001”.
2
In the Schedule to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Atgyfeiriadau Gofal Sylfaenol a Chymhwystra i Gynnal Asesiadau Iechyd Meddwl Sylfaenol) (Cymru) 2012) (gofynion proffesiynol) in paragraph 1(c) and 1(ch), for “Gorchymyn Proffesiynau Iechyd 2001” substitute “Gorchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
Part 2 Amendments and other provision consequential on abolition of the General Social Care Council and the transfer of its register of social workers
Jobseeker’s Allowance Regulations 1996
70
In regulation 14A of the Jobseeker’s Allowance Regulations 1996 (circumstances in which a person is to be treated as available–domestic violence), in paragraph (10), in the definition of “registered social worker”, for paragraph (a) substitute —
a
the Health and Care Professions Council,
.
Public Interest Disclosure (Prescribed Persons) Order 1999
71
In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 (persons to whom protected disclosures may be made), omit the entry for the General Social Care Council.
Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001
72
In regulation 4 of the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001 (disqualification for appointment), in paragraph (1) —
a
in sub-paragraph (e), for “General Social Care Council,” substitute “Health and Care Professions Council,”;
b
in sub-paragraph (f), after “of the Act,” insert “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
73
In Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (Employment Tribunals rules of procedure), in the Annex (list of regulators), omit the entry for the General Social Care Council.
Adoption Agencies Regulations 2005
74
1
The Adoption Agencies Regulations 2005 are amended as follows.
2
In regulation 2 (interpretation), in the definition of “social worker”, for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained by”.
3
In regulation 37 (independent reviewing officers), in paragraph (2), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.
Adoption Agencies (Wales) Regulations 2005
75
1
In regulation 2 of the English language text of the Adoption Agencies (Wales) Regulations 2005 (interpretation), in the definition of “social worker”, for “a register maintained by the Care Council for Wales or the General Social Care Council under section 56 of the Care Standards Act 2000” substitute “the register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000, in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.
2
In regulation 2 of the Welsh language text of those regulations (Rheoliadau Asiantaethau Mabwysiadu (Cymru) 2005) (dehongli), in the definition of “gweithiwr cymdeithasol”, for “mewn cofrestr a gynhelir gan Gyngor Gofal Cymru neu’r Cyngor Gofal Cymdeithasol Cyffredinol o dan adran 56 o Ddeddf Safonau Gofal 2000” substitute “yn y gofrestr a gynhelir gan Gyngor Gofal Cymdeithasol Cymru o dan adran 56 o Ddeddf Safonau Gofal 2000, yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001,”.
Regulation of Care (Social Service Workers) (Scotland) Order 2005
76
In article 3 of the Regulation of Care (Social Service Workers) (Scotland) Order 2005 (persons excluded from description of social service worker), in paragraph (1), omit sub-paragraph (a).
Regulation of Care (Prescribed Registers) (Scotland) Order 2005
77
In article 2 of the Regulation of Care (Prescribed Registers) (Scotland) Order 2005 (prescribed registers), for paragraph (a) substitute —
a
Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001;
.
Registration of Social Care Workers (Relevant Registers) Regulations (Northern Ireland) 2005
78
In regulation 2 of the Registration of Social Care Workers (Relevant Registers) Regulations (Northern Ireland) 2005 (prescription of relevant registers), for paragraph (a) substitute —
a
Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001;
.
Permitted Persons (Designation) Order 2006
79
In article 2 of the Permitted Persons (Designation) Order 2006 (which designates persons who may make disclosures to the Judicial Appointments Commission), in entry no. 12, for “the General Social Care Council;” substitute “the Health and Care Professions Council (but in relation to social workers only);”.
Review of Children’s Cases (Wales) Regulations 2007
80
1
In regulation 3 of the English language text of the Review of Children’s Cases (Wales) Regulations 2007 (independent reviewing officers), in paragraph (3) —
a
omit “or by the General Social Care Council,” and
b
after “2000” insert “, in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001,”.
2
Regulation 3 of the Welsh language text of those regulations (Rheoliadau Adolygu Achosion Plant (Cymru) 2007) (swyddogion adolygu annibynnol), in paragraph (3) —
a
omit “neu gan y Cyngor Gofal Cymdeithasol Cyffredinol,” and
b
after “2000” insert “, yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001,”.
Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
81
In regulation 8 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (persons who may provide an LPA certificate), in paragraph (4), in the definition of “registered social worker”, for paragraph (a) substitute —
a
the Health and Care Professions Council;
.
European Communities (Recognition of Professional Qualifications) Regulations 2007
82
In the European Communities (Recognition of Professional Qualifications) Regulations 2007 , in Schedule 1 (regulated professions), in the entry for “Social Worker in England” in the Table in Part 1, in column 2, for “General Social Care Council” substitute “Health and Care Professions Council”.
Legislative and Regulatory Reform (Regulatory Functions) Order 2007
83
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (which lists regulatory functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply), in Part 1A, omit “The General Social Care Council”.
Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008
84
1
The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation), omit the definition of “General Social Care Council”.
3
In regulation 3 (granting approval as AMHP), in paragraph (3), for “the General Social Care Council or” substitute “the Health and Care Professions Council under section 114ZA of the Mental Health Act 1983 or by” .
4
In Schedule 1 (professional requirements) —
a
omit paragraph (a), and
b
in paragraph (c), after “Part 6” insert “, or a social worker registered in Part 16,”.
5
In relation to a course approved before 1st August 2012, regulations 2 and 3 of these Regulations are to be treated as continuing to have effect as if they had not been amended by sub-paragraphs (2) and (3) of this paragraph.
Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
85
1
The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation), omit the definition of “General Social Care Council”.
3
In regulation 5 (eligibility to carry out a best interests assessment), in paragraph (2) —
a
omit sub-paragraph (b), and
b
in sub-paragraph (d), after “Part 6” insert “, or a social worker registered in Part 16,”.
Independent Review of Determinations (Adoption and Fostering) Regulations 2009
86
In regulation 2 of the Independent Review of Determinations (Adoption and Fostering) Regulations 2009 (interpretation), in the definition of “social worker”, for “in a register maintained by the General Social Care Council or” substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in a register maintained by”.
Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010
87
1
In regulation 2 of the English language text of the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010 (interpretation), in the definition of “social worker”, for “in a register maintained by the General Social Care Council or” substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in a register maintained by”.
2
In regulation 2 of the Welsh language text of those Regulations 2010 ( Rheoliadau Adolygu Penderfyniadau’n Annibynnol (Mabwysiadu a Maethu) (Cymru) 2010 ) (dehongli), in the definition of “gweithiwr cymdeithasol”, for “ar gofrestr a gynhelir gan y Cyngor Gofal Cymdeithasol Cyffredinol neu” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001, mewn cofrestr a gynhelir gan”.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
88
1
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 are amended as follows.
2
In regulation 21 (requirements relating to workers), in paragraph (d)(ii), for “social care worker registered with the General Social Care Council,” substitute “social worker registered in Part 16 of the register maintained by the Health and Care Professions Council,”.
3
In Schedule 1 (regulated activities), in paragraph 5 (treatment of disease, disorder or injury), in sub-paragraph (4)(g), for “with” to the end substitute “in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001.”.
Care Planning, Placement and Case Review (England) Regulations 2010
89
In regulation 46 of the Care Planning, Placement and Case Review (England) Regulations 2010 (qualifications and experience of independent reviewing officers), in paragraph (1), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.
Scottish Parliament (Disqualification) Order 2010
90
In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2010 (office-holders disqualified from being a member of the Scottish Parliament), omit “Any member of the General Social Care Council.”.
Fostering Services (England) Regulations 2011
91
In regulation 23 of the Fostering Services (England) Regulations 2011 (constitution and membership of fostering panel), in paragraph (10)(b), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.
Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011
92
In regulation 18 of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 (appointment of independent reviewing officer), in paragraph (2), for “a register maintained by the General Social Care Council or” substitute “Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001, in the register maintained”.
Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011
93
1
In Schedule 1 to the English language text of the Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011 (professional requirements), in paragraph (a), for “the General Social Care Council” substitute “in Part 16 of the register maintained under article 5 of the Health and Social Work Professions Order 2001”.
2
In Schedule 1 to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Cydgysylltu Gofal a Chynllunio Gofal a Thriniaeth) (Cymru) 2011), (gofynion proffesiynol), in paragraph (a), for “y Cyngor Gofal Cymdeithasol Cyffredinol” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”.
Integrated Family Support Teams (Composition of Teams and Board Functions) (Wales) Regulations 2012
94
1
In regulation 1(2) of the English language text of the Integrated Family Support Teams (Composition of Teams and Board Functions) (Wales) Regulations 2012 (interpretation), in the definition of “social worker”, omit “the General Social Care Council,”.
2
In regulation 1(2) of the Welsh language text of those regulations ( Rheoliadau Timau Integredig Cymorth i Deuluoedd (Cyfansoddiad Timau a Swyddogaethau Byrddau) (Cymru) 2012 ) (dehongli), in the definition of “gweithiwr cymdeithasol”, omit “y Cyngor Gofal Cymdeithasol Cyffredinol”.
Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012
95
1
In the Schedule to the English language text of the Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012 (professional requirements), in paragraph 1(a), for “the General Social Care Council” substitute “in Part 16 of the register maintained under article 5 of the Health and Social Work Professions Order 2001”.
2
In the Schedule to the Welsh language text of those regulations (Rheoliadau Iechyd Meddwl (Atgyfeiriadau Gofal Sylfaenol a Chymhwystra i Gynnal Asesiadau Iechyd Meddwl Sylfaenol) (Cymru) 2012) (gofynion proffesiynol) in paragraph 1(a), for “y Cyngor Gofal Cymdeithasol Cyffredinol” substitute “yn Rhan 16 o’r gofrestr a gynhelir gan Gyngor Proffesiynau Iechyd a Gofal o dan erthygl 5 o Orchymyn Proffesiynau Iechyd a Gwaith Cymdeithasol 2001”. |
The Durham (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 Durham (Electoral Changes) Order 2012.
Commencement
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors for county electoral divisions and the elections of parish councillors, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2013.
Interpretation
3
In this Order —
“map” means the map marked “Map referred to in the Durham (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 Durham and number of councillors
4
1
The existing electoral divisions of the county of Durham are abolished.
2
The county is divided into sixty-three electoral divisions each bearing a name listed in column 1 of the Schedule.
3
Each electoral division comprises the area designated on the map by reference to the name of the electoral division.
4
The number of councillors to be elected for each electoral division is the number specified in relation to that electoral division in column 2 of the Schedule.
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 Barnard Castle and number of councillors
5
1
The existing wards of the parish of Barnard Castle are abolished.
2
The parish is divided into two wards named respectively —
a
Barnard Castle East;
b
Barnard Castle 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 each ward.
Wards of the parish of Bishop Auckland and number of councillors
6
1
The existing wards of the parish of Bishop Auckland are abolished.
2
The parish is divided into four wards named respectively —
a
Bishop Auckland Town;
b
Cockton Hill;
c
Henknowle;
d
Woodhouse Close.
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
Cockton Hill;
b
Henknowle;
c
Woodhouse Close.
5
Two councillors are to be elected for Bishop Auckland Town ward.
Wards of the parish of Brandon and Byshottles and number of councillors
7
1
The existing wards of the parish of Brandon and Byshottles are abolished.
2
The parish is divided into six wards named respectively —
a
Central;
b
East;
c
North;
d
South;
e
Ushaw Moor;
f
West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Central;
b
Ushaw Moor;
c
West.
5
Three councillors are to be elected for each of the following wards:
a
East;
b
North;
c
South.
Wards of the parish of Cornsay and number of councillors
8
1
The existing wards of the parish of Cornsay are abolished.
2
The parish is divided into two wards named respectively —
a
Cornsay;
b
Hamsteels Estate.
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 Hamsteels Estate ward.
5
Three councillors are to be elected for Cornsay ward.
Wards of the parish of Dalton-le-Dale and number of councillors
9
1
The existing wards of the parish of Dalton-le-Dale are abolished.
2
The parish is divided into two wards named respectively —
a
Dalton Urban;
b
Dalton Village.
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 Dalton Urban ward.
5
Four councillors are to be elected for Dalton Village ward.
Wards of the parish of Edmondsley and number of councillors
10
1
The existing wards of the parish of Edmondsley are abolished.
2
The parish is divided into two wards named respectively —
a
Edmondsley;
b
Twizell.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for Edmondsley ward.
5
One councillor is to be elected for Twizell ward.
Wards of the parish of Great Aycliffe and number of councillors
11
1
The existing wards of the parish of Great Aycliffe are abolished.
2
The parish is divided into eight wards named respectively —
a
Aycliffe Central;
b
Aycliffe Village;
c
Byerley Park, Horndale and Cobblers Hall;
d
Neville;
e
Shafto St Marys;
f
Simpasture;
g
West;
h
Woodham.
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 each of the following wards:
a
Byerley Park, Horndale and Cobblers Hall;
b
West;
c
Woodham.
5
Four councillors are to be elected for Shafto St Marys ward.
6
Three councillors are to be elected for Aycliffe Central ward.
7
Two councillors are to be elected for each of the following wards:
a
Neville;
b
Simpasture.
8
One councillor is to be elected for Aycliffe Village ward.
Wards of the parish of Haswell and number of councillors
12
1
The existing wards of the parish of Haswell are abolished.
2
The parish is divided into two wards named respectively —
a
Haswell Plough;
b
Haswell Village.
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 Haswell Village ward.
5
Two councillors are to be elected for Haswell Plough ward.
Wards of the parish of Marwood and number of councillors
13
1
The existing wards of the parish of Marwood are abolished.
2
The parish is divided into two wards named respectively —
a
Marwood Rural;
b
Marwood Urban.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for Marwood Urban ward.
5
Three councillors are to be elected for Marwood Rural ward.
Wards of the parish of Peterlee and number of councillors
14
1
The existing wards of the parish of Peterlee are abolished.
2
The parish is divided into five wards named respectively —
a
Acre Rigg;
b
Dene House;
c
Edenhill;
d
Howletch;
e
Passfield.
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 each of the following wards:
a
Acre Rigg;
b
Passfield.
5
Four councillors are to be elected for each of the following wards:
a
Dene House;
b
Edenhill;
c
Howletch.
Wards of the parish of Seaham and number of councillors
15
1
The existing wards of the parish of Seaham are abolished.
2
The parish is divided into six wards named respectively —
a
Dawdon;
b
Deneside;
c
Seaham Central;
d
Seaham Harbour;
e
Seaham North;
f
Westlea.
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 Dawdon ward.
5
Four councillors are to be elected for each of the following wards:
a
Deneside;
b
Seaham North.
6
Three councillors are to be elected for each of the following wards:
a
Seaham Central;
b
Seaham Harbour.
7
Two councillors are to be elected for Westlea ward.
Wards of the parish of Shadforth and number of councillors
16
1
The existing wards of the parish of Shadforth are abolished.
2
The parish is divided into three wards named respectively —
a
Ludworth;
b
Shadforth;
c
Sherburn 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 Sherburn Hill ward.
5
Four councillors are to be elected for Ludworth ward.
6
Three councillors are to be elected for Shadforth ward.
Wards of the parish of Shincliffe and number of councillors
17
1
The parish of Shincliffe is divided into two wards named respectively —
a
Bell;
b
Shincliffe.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Six councillors are to be elected for Shincliffe ward.
4
One councillor is to be elected for Bell ward.
Wards of the parish of Spennymoor and number of councillors
18
1
The existing wards of the parish of Spennymoor are abolished.
2
The parish is divided into six wards named respectively —
a
Byers Green;
b
Low Spennymoor and Tudhoe Grange;
c
Merrington;
d
Middlestone;
e
Spennymoor;
f
Tudhoe.
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 each of the following wards:
a
Low Spennymoor and Tudhoe Grange;
b
Spennymoor.
5
Four councillors are to be elected for each of the following wards:
a
Middlestone;
b
Tudhoe.
6
One councillor is to be elected for each of the following wards:
a
Byers Green;
b
Merrington.
Wards of the parish of Stanley and number of councillors
19
1
The existing wards of the parish of Stanley are abolished.
2
The parish is divided into seven wards named respectively —
a
Annfield Plain;
b
Catchgate;
c
Craghead and South Stanley;
d
Havannah;
e
South Moor;
f
Stanley Hall;
g
Tanfield.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for Stanley Hall ward.
5
Three councillors are to be elected for each of the following wards:
a
Annfield Plain;
b
Havannah;
c
South Moor;
d
Tanfield.
6
Two councillors are to be elected for each of the following wards:
a
Catchgate;
b
Craghead and South Stanley.
Wards of the parish of Wolsingham and number of councillors
20
1
The existing wards of the parish of Wolsingham are abolished.
2
The parish is divided into two wards named respectively —
a
Thornley;
b
Wolsingham.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for Wolsingham ward.
5
One councillor is to be elected for Thornley 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 and numbers of councillors
Article 4
1 2 Name of County Electoral Division Number of Councillors
Annfield Plain 2 Aycliffe East 2 Aycliffe North and Middridge 3 Aycliffe West 2 Barnard Castle East 2 Barnard Castle West 2 Belmont 3 Benfieldside 2 Bishop Auckland Town 2 Bishop Middleham and Cornforth 1 Blackhalls 2 Brandon 2 Burnopfield and Dipton 2 Chester-le-Street East 1 Chester-le-Street North 1 Chester-le-Street South 2 Chester-le-Street West Central 2 Chilton 1 Consett North 2 Consett South 1 Coundon 1 Coxhoe 3 Craghead and South Moor 2 Crook 3 Dawdon 2 Deerness 3 Delves Lane 2 Deneside 2 Durham South 1 Easington 2 Elvet and Gilesgate 2 Esh and Witton Gilbert 2 Evenwood 2 Ferryhill 3 Framwellgate and Newton Hall 3 Horden 2 Lanchester 2 Leadgate and Medomsley 2 Lumley 2 Murton 2 Neville’s Cross 2 North Lodge 1 Passfield 1 Pelton 3 Peterlee East 2 Peterlee West 2 Sacriston 2 Seaham 2 Sedgefield 2 Sherburn 2 Shildon and Dene Valley 3 Shotton and South Hetton 2 Spennymoor 3 Stanley 2 Tanfield 2 Tow Law 1 Trimdon and Thornley 3 Tudhoe 2 Weardale 2 West Auckland 2 Willington and Hunwick 2 Wingate 1 Woodhouse Close 2 |
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 2 and Specification of Commencement Date) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 141(12) and 151(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
Citation and interpretation
1
1
This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 2 and Specification of Commencement Date) Order 2012.
2
In this Order, “ the Act ” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Provisions coming into force on 1st October 2012
2
The following provisions of the Act come into force on 1st October 2012 —
a
section 45(1) and (8) (amendments to section 58AA of the Courts and Legal Services Act 1990 to enable rules of court to be made for the assessment of costs in proceedings where a party in whose favour a costs order has been made has entered into a damages-based agreement);
b
section 55 (payment of additional amount to successful claimant);
c
section 61 (payments in respect of pro bono representation before the Supreme Court);
d
section 62 (costs in criminal cases);
e
section 140 (no rehabilitation for certain immigration or nationality purposes);
f
section 141(7) to (9) and (12) (transitional provision in respect of section 140);
g
Schedule 7 (costs in criminal cases); and
h
Schedule 8 (costs in criminal cases: service courts).
Specification of commencement date for the purposes of section 141(7) to (9) of the Act
3
The commencement date for the purposes of section 141(7) to (9) of the Act is 1st October 2012.
Signed by the authority of the Secretary of State
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
18th September 2012 |
The Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 113B(9) and 125 of the Police Act 1997 as extended and modified by the Police Act 1997 (Criminal Records) (Guernsey) Order 2009 .
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2012 and come into force on 10th September 2012.
2
These Regulations extend to Guernsey.
Amendment of the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009
2
Regulation 10 of the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009 (enhanced criminal records certificates: relevant police forces) is omitted.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
14th August 2012 |
The A1 Trunk Road (Elkesley Junctions Improvement) Order 2012
The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10 and 41 of the Highways Act 1980 and now vested in her and :
1
This Order may be cited as the A1 Trunk Road (Elkesley Junctions Improvement) Order 2012 and shall come into force on 16th May 2012.
2
In this Order –
1
all measurements of distance are measured along the route of the relevant highway; and
2
a
“the new trunk roads” means the slip roads;
b
“the plan” means the plan numbered HA/10/NOD/004 marked “The A1 Trunk Road (Elkesley Junctions Improvement) Order 2012”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
c
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the A1 Trunk Road with other highways or proposed highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that –
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Martin Fellows
A Divisional Director
Highways Agency
12th March 2012
SCHEDULE
ROUTES OF THE SLIP ROADS
The routes of the slip roads are as follows:
1
Proposed Junction at Elkesley, Nottinghamshire
a
A route about 195 metres long to connect the southbound carriageway of the A1 Trunk Road at a point about 386 metres south-east of the Jockey Lane junction to a new roundabout which the Secretary of State proposes to construct about 268 metres south-east of the Jockey Lane entrance to The Gables and 275 metres south-east of the A1 Trunk Road Jockey Lane junction (the slip road along this route being given the number 1 on the plan), and
b
A route about 30 metres long to connect the northbound carriageway of the A1 Trunk Road at a point about 57 metres west of the High Street link junction to the highway which the Secretary of State proposes to construct north of Coalpit Lane, Elkesley, Nottinghamshire at a point 45 metres north-west of the entrance to Top Farm, High Street, Elkesley and 111 metres north-east of the junction of Coalpit Lane with Headland Avenue (the slip road along this route being given the number 2 on the plan). |
The Parochial Fees and Scheduled Matters Amending Order 2012
The Archbishops’ Council, in exercise of the powers conferred by sections 1(1) and (6) and 2 of the Measure, makes the following Order:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parochial Fees and Scheduled Matters Amending Order 2012.
2
It comes into operation on 1st January 2013.
3
In this Order “the Measure” means the Ecclesiastical Fees Measure 1986.
Amendment of Schedule A1 to the Ecclesiastical Fees Measure 1986
2
1
Part 1 of Schedule A1 to the Measure is amended as follows.
2
Under “Marriages” omit “Service of Prayer and Dedication after a Civil Marriage, in church” and “Service of Thanksgiving for marriage in church”.
3
Under “Funerals and Burials of Persons Aged 16 Years or More” omit “Memorial service in church”.
Prescribed fees
3
1
Each Table of Parochial Fees set out in Part 1 of the Schedule prescribes, in respect of the period to which it relates, the amount of the parochial fees payable to a parochial church council and to a diocesan board of finance in respect of the matters specified.
2
Paragraph (1) and provision made by the Tables in Part 1 of the Schedule are subject to section 1(8) of the Measure (which provides that where the relevant parish is a parish of which a cathedral is the parish church, any fees which would, apart from that subsection, be payable to the parochial church council or to the diocesan board of finance, shall, instead, be payable to the corporate body of the cathedral).
3
Part 2 of the Schedule applies in relation to the parochial fees which are prescribed in the Tables in Part 1.
Revocation of 2010 Order
4
The Parochial Fees Order 2010 is revoked.
The draft of this Order was approved, with amendments, by the General Synod on 7th February 2012
C.J. Podmore
Clerk to the Synod
Church House, Westminster
The Common Seal of the Archbishops’ Council was affixed on 29th March 2012
D. P. White
M. Robinson
Church House, Westminster
SCHEDULE
Fees Prescribed by this Order
Article 3
PART 1 Tables of Parochial Fees
Table of Parochial Fees for the period 1st January 2013 to 31st December 2013
Matter Fee payable to diocesan board of finance Fee payable to parochial church council Total fees payable
£.p £.p £.p BAPTISMS Certificate issued at time of baptism — 11.00 11.00 Short certificate of baptism given under Section 2 Baptismal Registers Measure 1961 — 11.00 11.00 MARRIAGES Publication of banns of marriage — 21.00 21.00 Certificate of banns issued at time of publication — 13.00 13.00 Marriage service in church (*) 175.00 206.00 381.00 FUNERALS AND BURIALS OF PERSONS AGED 16 YEARS OR MORE A. Service in church Funeral service in church, whether taking place before or after burial or cremation (*) 88.00 72.00 160.00 Burial in churchyard immediately preceding or following on from service in church 10.00 250.00 260.00 Burial in cemetery immediately preceding or following on from service in church 26.00 — 26.00 Cremation immediately preceding or following on from service in church 26.00 — 26.00 Burial of body in churchyard on separate occasion 36.00 250.00 286.00 Burial of cremated remains in churchyard or other lawful disposal of remains on separate occasion 36.00 102.00 138.00 Burial in cemetery on separate occasion 46.00 10.00 56.00 B. No service in church Service at graveside 98.00 72.00 170.00 Service in crematorium or cemetery 139.00 21.00 160.00 Burial of body in churchyard 36.00 250.00 286.00 Burial of cremated remains in churchyard or other lawful disposal of remains 36.00 102.00 138.00 C. Certificate issued at time of burial — 10.00 10.00 MONUMENTS IN CHURCHYARDS Permitted in accordance with rules, regulations or directions made by the Chancellor including those relating to a particular churchyard or part of a churchyard (but excluding a monument authorised by a particular faculty) including inscription on existing monument — Small cross of wood (†) 10.00 26.00 36.00 Small vase not exceeding 305mm x 203mm x 203mm or tablet, plaque or other marker commemorating a person whose remains have been cremated (†) 11.00 51.00 62.00 Any other monument (†) 10.00 107.00 117.00 Additional inscription on existing monument 10.00 10.00 20.00 SEARCHES IN CHURCH REGISTERS ETC. Searching registers of marriages for period before 1st July 1837 — for up to one hour — 21.00 21.00 for each subsequent hour or part of an hour — 21.00 21.00 Searching registers of baptisms or burials (including provision of one copy of any entry therein) — for up to one hour — 21.00 21.00 for each subsequent hour or part of an hour — 21.00 21.00 Each additional copy of an entry in a register of baptisms or burials — 10.00 10.00 Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under Tithe Act 1836 — — — Furnishing copies of above (for every 72 words) — 10.00 10.00
Table of Parochial Fees for the period 1st January 2014 to 31st December 2014
Matter Fee payable to diocesan board of finance Fee payable to parochial church council Total fees payable
£.p £.p £.p BAPTISMS Certificate issued at time of baptism — 12.00 12.00 Short certificate of baptism given under Section 2 Baptismal Registers Measure 1961 — 12.00 12.00 MARRIAGES Publication of banns of marriage — 21.00 21.00 Certificate of banns issued at time of publication — 13.00 13.00 Marriage service in church (*) 180.00 212.00 392.00 FUNERALS AND BURIALS OF PERSONS AGED 16 YEARS OR MORE A. Service in church Funeral service in church, whether taking place before or after burial or cremation (*) 90.00 74.00 164.00 Burial in churchyard immediately preceding or following on from service in church 11.00 258.00 269.00 Burial in cemetery immediately preceding or following on from service in church 27.00 — 27.00 Cremation immediately preceding or following on from service in church 27.00 — 27.00 Burial of body in churchyard on separate occasion 37.00 258.00 295.00 Burial of cremated remains in churchyard or other lawful disposal of remains on separate occasion 37.00 105.00 142.00 Burial in cemetery on separate occasion 48.00 11.00 59.00 B. No service in church Service at graveside 91.00 74.00 175.00 Service in crematorium or cemetery 143.00 21.00 164.00 Burial of body in churchyard 37.00 258.00 295.00 Burial of cremated remains in churchyard or other lawful disposal of remains 37.00 105.00 142.00 C. Certificate issued at time of burial — 11.00 11.00 MONUMENTS IN CHURCHYARDS Permitted in accordance with rules, regulations or directions made by the Chancellor including those relating to a particular churchyard or part of a churchyard (but excluding a monument authorised by a particular faculty) including inscription on existing monument — Small cross of wood (†) 11.00 27.00 38.00 Small vase not exceeding 305mm x 203mm x 203mm or tablet, plaque or other marker commemorating a person whose remains have been cremated (†) 12.00 52.00 64.00 Any other monument (†) 11.00 110.00 121.00 Additional inscription on existing monument 11.00 11.00 22.00 SEARCHES IN CHURCH REGISTERS ETC. Searching registers of marriages for period before 1st July 1837 — for up to one hour — 21.00 21.00 for each subsequent hour or part of an hour — 21.00 21.00 Searching registers of baptisms or burials (including provision of one copy of any entry therein) — for up to one hour — 21.00 21.00 for each subsequent hour or part of an hour — 21.00 21.00 Each additional copy of an entry in a register of baptisms or burials — 11.00 11.00 Inspection of instrument of apportionment or agreement for exchange of land for tithes deposited under Tithe Act 1836 — — — Furnishing copies of above (for every 72 words) — 11.00 11.00
PART 2 Provisions that apply in relation to the parochial fees prescribed in Part 1
1
Where “ — ” appears in a table no fee is payable to the body indicated.
2
The fee for a certificate issued at the time of baptism is for a certified copy of the entry in the register book of baptisms giving the particulars required in Form No 1 in Schedule 1 to the Parochial Registers and Records Measure 1978 . The fees payable for such a certified copy issued at any other time are the fees prescribed for searching registers of baptisms or burials and, if applicable, for each additional copy of an entry in a register of baptisms or burials.
3
Where a matter is marked (*), any costs and expenses incurred in relation to that matter in respect of routine administration (including arranging dates and times and the making of entries in registers), making the church available and lighting it are included in the fee prescribed as payable to the parochial church council.
4
Where section 1(8) of the Measure applies, paragraph 3 shall apply as if the references to the parochial church council were to the corporate body of the cathedral.
5
The fees marked (†) include fees in respect of the approval of the original inscription by the incumbent.
6
Any fee prescribed under the heading “SEARCHES IN CHURCH REGISTERS ETC.” for a copy, is for a certified copy; and where provision of a copy is included in the fee for a search, that fee includes the provision of a certified copy.
7
In the case of a burial under the Burial Laws Amendment Act 1880 , the fees prescribed in respect of a burial in a churchyard are payable.
8
Where a layman publishes banns under section 9(2) of the Marriage Act 1949 , the fees prescribed in respect of the publication of banns of marriage are payable.
9
Where a churchwarden allows a search to be made in a register of baptisms or burials or gives a copy of an entry in such a register under section 20(1) of the Parochial Registers and Records Measure 1978, the fees prescribed in respect of such searches and to the giving of such copies are payable. |
The Pensions Act 2011 (Commencement No. 3) Order 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 38(4) and (5) of the Pensions Act 2011 .
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2011 (Commencement No. 3) Order 2012.
2
In this Order, “ the Act ” means the Pensions Act 2011.
Commencement of provisions
2
1
The following provisions of the Act come into force, in so far as they are not already in force, on 30th June 2012 —
a
section 4 (automatic re-enrolment where scheme membership interrupted);
b
section 6 (postponement or disapplication of automatic enrolment);
c
section 11 (test scheme standard for schemes that produce sum of money for provision of benefits);
d
section 14 (transitional period for defined benefits and hybrid schemes to be optional); and
e
section 15 (arrangements where transitional conditions cease to be satisfied).
2
The following provisions of the Act come into force on 30th June 2012 —
a
section 5 (earnings trigger for automatic enrolment and re-enrolment);
b
section 16 (power of managers to modify by resolution);
c
section 17 (no indemnification for civil penalties); and
d
section 36 (service of documents and electronic working).
3
The following provisions of the Act come into force on 23rd July 2012 —
a
section 22 (Pension Protection Fund), in so far as it relates to the paragraphs specified in paragraph (b) of this article; and
b
the following paragraphs of Schedule 4 (Pension Protection Fund) —
i
paragraph 1 (introductory provision for amendments to the Pensions Act 2004 ) in so far as it relates to the paragraphs specified in sub-paragraphs (ii) and (iii) of this paragraph;
ii
paragraphs 2 to 13 (requirements to obtain actuarial valuations); and
iii
paragraphs 14 to 16 (requirement to obtain protected benefits quotation).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
28th June 2012 |
The Civil Courts (Amendment) Order 2012
Citation and Commencement
1
This Order may be cited as the Civil Courts (Amendment) Order 2012 and shall come into force on 2nd April 2012.
Closure of county courts
2
Dewsbury County Court, Ilford County Court and Keighley County Court are discontinued.
Establishment of a District Registry of the High Court
3
A district registry of the High Court shall be established at Skipton.
Transitional Provisions
4
The county courts listed in Table 1 in the column headed ‘receiving court’ shall have jurisdiction in proceedings pending at the county court in the column headed ‘closing court’ before this Order comes into force in accordance with directions made under section 2 of the County Courts Act 1984.
Table 1
Closing Court Receiving Court
Dewsbury County Court Bradford County Court, Halifax County Court, Huddersfield County Court, Leeds County Court and Wakefield County Court Ilford County Court Romford County Court Keighley County Court Bradford County Court and Skipton County Court
5
No process shall be invalid only because the holding of any court named in the process has been discontinued by this Order.
Amendments to the Civil Courts Order 1983
6
1
The Civil Courts Order 1983 is amended as follows.
2
In Schedule 1, omit —
a
“Dewsbury” from its position in the first column and the corresponding entry for “Dewsbury” in the second column;
b
“Ilford” from its position in the second column opposite the entry for “Romford” in the first column;
c
“Keighley” from its position in the first column and the corresponding entry for “Keighley” in the second column;
d
“Skipton” from its position in the second column opposite the entry for “Keighley” in the first column.
3
In Schedule 1, insert “Skipton” in the appropriate alphabetical position in the first column and insert “Skipton” in the corresponding entry in the second column.
4
In Schedule 3, omit the entry relating to —
a
Dewsbury County Court;
b
Ilford County Court;
c
Keighley County Court.
5
In Schedule 3 at the entry for “Skipton”, in column 1 (name of place), after “Skipton” insert “(D.R.)”.
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
28th February 2012
I concur
Judge, C.J.
Lord Chief Justice
1st March 2012 |
The Transport Levying Bodies (Amendment) Regulations 2012
The Secretary of State for Transport, in exercise of the powers conferred by sections 74 and 143(1) and (2) of the Local Government Finance Act 1988 , makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Transport Levying Bodies (Amendment) Regulations 2012 and come into force on 24th February 2012.
Preliminary
2
The Transport Levying Bodies Regulations 1992 are amended in accordance with the following provisions of these Regulations.
Interpretation
3
In regulation 2 for the definition of “council concerned” there is substituted —
“council concerned” —
in relation to an integrated transport authority established under section 28(1) of the Local Government Act 1985 , means a constituent council of that authority pursuant to section 28(4) of that Act;
in relation to an integrated transport authority established under section 78 of the Local Transport Act 2008, means a constituent council of that authority pursuant to section 79(3) of that Act;
in relation to the Greater Manchester Combined Authority, means a constituent council of that authority pursuant to article 2 of the Greater Manchester Combined Authority Order 2011 ; and
in relation to any other levying body, means a council as respects which the levying body would, apart from section 117 of the 1988 Act , have had a relevant precepting power.
Application
4
For paragraph (a) of regulation 3 there is substituted —
a
the integrated transport authorities established by section 28(1) of the Local Government Act 1985;
aa
the Greater Manchester Combined Authority established by the Greater Manchester Combined Authority Order 2011;
.
Power to issue levies
5
1
Regulation 4 is amended as follows.
2
In paragraph (1) after “to which these Regulations apply” there is inserted “by virtue of paragraph (b), (c) or (d) of regulation 3”.
3
After paragraph (1) there is inserted —
1A
An integrated transport authority and the Greater Manchester Combined Authority each have power to issue to a council concerned, and in accordance with these Regulations, a levy in respect of each chargeable financial year to enable it to meet relevant expenditure.
1B
In paragraph (1A) “relevant expenditure” means —
a
in relation to an integrated transport authority, all those liabilities falling to be discharged by it for which provision is not otherwise made;
b
in relation to the Greater Manchester Combined Authority, all those liabilities falling to be discharged by it which are reasonably attributable to the exercise of —
i
its functions arising by virtue of Part 3 of the Greater Manchester Combined Authority Order 2011; or
ii
any other of its functions relating to transport,
for which provision is not otherwise made.
Apportionment of levies
6
1
Regulation 7 is amended as follows.
2
In regulation 7(4)(a) for “a metropolitan passenger transport authority” there is substituted “an integrated transport authority or the Greater Manchester Combined Authority”.
3
In regulation 7(5) for “a metropolitan passenger transport authority” there is substituted “an integrated transport authority or the Greater Manchester Combined Authority”.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
30th January 2012 |
The Cowes 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.
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Cowes Harbour Revision Order 2012 and shall come into force on 7th January 2013.
2
The Cowes Harbour Acts and Orders 1897 to 2001 and this Order may be cited together as the Cowes Harbour Acts and Orders 1897 to 2012.
Interpretation
2
In this Order —
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the 1897 Act ” means the Cowes Harbour Act 1897 ;
“the 1931 Order ” means the Cowes Harbour Order 1931 ;
“the 1936 Order ” means the Cowes Harbour Order 1936 ;
“the 2001 Order ” means the Cowes Harbour (Constitution) Revision Order 2001 ;
“ the Commissioners ” means the Cowes Harbour Commissioners under the Cowes Harbour Acts and Orders 1897 to 2012;
“general direction” means a direction under article 11;
“the harbour” means Cowes Harbour as comprised within the harbour limits;
“the harbour limits” means the limits of the harbour specified in article 3;
“the harbour master” means the person appointed as such by the Commissioners and includes his deputies and assistants and any other person for the time being authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbour master;
“the harbour premises” means the quays, piers, landing places and all other works, lands and buildings for the time being vested in, or occupied or administered by, the Commissioners as part of the harbour;
“the high water mark” means the level of mean high water spring tides;
“jet bike” means any watercraft propelled by a water-jet engine or other mechanical means of propulsion and steered —
by means of a handlebar operated linkage system (with or without a rudder at the stern); or
by the person riding the craft using his body weight for the purpose; or
by a combination of the methods referred to in (a) and (b);
“special direction” means a direction under article 14;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, a jet bike, seaplane and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water; and
“ WGS 84 ” means the World Geodetic System, revised in 1984 and further revised in 2004.
The harbour limits
3
1
The limits of the harbour within which the Commissioners exercise jurisdiction as a harbour authority and the powers of the harbour master are exercisable are —
a
the limits of the area within a line drawn from a parish boundary marker at 50 degrees 44.022N 01 degrees 16.862W by the north side of a public house called “The Folly” (on the eastern bank of the river Medina), thence on a bearing of 272 degrees to the western bank of that river to a position at 50 degrees 44.025N 01 degrees 17.112W, thence along the line of the high water mark down the western bank of the river Medina and along the harbour to Cowes Castle, thence following the line of the high water mark along the coast to a position in the vicinity of Egypt Point at 50 degrees 46.033N 01 degrees 18.837W, thence to a position in the vicinity of the north west limit of the Cowes Fairway at 50 degrees 46.312N 01 degrees 18.102W, thence to a position in the vicinity of Prince Consort Buoy at 50 degrees 46.413N 01 degrees 17.557W, thence to a position 50 degrees 46.147 N 01 degrees 16.557 W, thence in a southerly direction to the shore in the vicinity of Old Castle Point at 50 degrees 45.970N 01 degrees 16.557W and thence along the line of the high water mark on the eastern bank of the river Medina to a parish boundary marker at 50 degrees 44. 022N 01 degrees 16.862W by the north side of a public house called “The Folly” (all coordinates in degrees, minutes and decimals of minutes and based on WGS 84 datum); and include —
b
the extent of those parts of the harbour premises not within that area.
2
Article 6 (limits of harbour and roads) of the 1931 Order is revoked.
PART 2 CHARGES
Charges for services and facilities
4
In addition to their power to demand ship, passenger and goods dues under section 26 (discretion of harbour authorities as to ship, passenger and goods dues) of the Harbours Act 1964, the Commissioners may demand, take and recover such reasonable charges for services and facilities requested by any party and provided by or on behalf of the Commissioners at the harbour as they may from time to time determine.
Payment of charges
5
1
The charges which the Commissioners are authorised to demand, take and recover in respect of vessels and goods under article 4 or any other enactment shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such terms and conditions as the Commissioners may from time to time specify in their published list of charges.
2
Charges payable to the Commissioners —
a
in respect of a vessel, shall be payable by the owner or master of the vessel; and
b
in respect of goods, shall be payable by the owner, consignee or shipper of the goods.
3
Where charges payable to the Commissioners may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
4
Without prejudice to the generality of paragraph (1), the terms and conditions as to the payment of charges which the Commissioners may specify may include the time when a charge falls due for payment and may require such information to be given to the Commissioners by the owner or master of a vessel or a person using a service or facility of the Commissioners as the Commissioners may require in connection with the assessment or collection of a charge.
Deposit for charges
6
1
The Commissioners may, if they think fit, require a person who incurs, or is about to incur, a charge to deposit with them, or to guarantee, such sum of money as is, in the opinion of the Commissioners, reasonable having regard to the amount or probable amount of the charge.
2
Where such a person fails to deposit or guarantee the sum of money required the Commissioners may detain at the harbour the vessel or goods in respect of which the charge has been or will be incurred, until the requirement has been complied with or the charge has been paid.
Liens for charges
7
1
A person who by agreement with the Commissioners collects charges on their behalf and who pays, or gives security for the payment of, charges in respect of goods in his possession shall have a lien on those goods for the amount paid or security given in respect of the goods.
2
An operator of a wharf or quay or carrier who is not himself liable for the payment of charges may pay, or by agreement with the Commissioners give security for the payment of, charges in respect of goods in his custody, and in that event he shall have a like lien on the goods for the amount paid or security given in respect of the goods as he would have in respect of his charges for safe custody or, as the case may be, carriage of the goods.
Refusal to pay charges for landing place
8
The harbour master may prevent a vessel from using a landing place provided by the Commissioners, if the master of the vessel refuses to pay the charges for such use.
Recovery of charges
9
In addition to any other remedy given by this Order and by the 1847 Act as incorporated in the Cowes Harbour Acts and Orders 1897 to 2012 the Commissioners may recover any charges payable to them as a debt in any court of competent jurisdiction (including in a case where the master of a vessel in respect of which a charge is payable to the Commissioners refuses or neglects to pay the same or any part thereof, whether or not the Commissioners’ collector has gone on board the vessel and demanded the charge pursuant to section 44 (recovery of tonnage rates by distraint of ship and tackle) of the 1847 Act).
Harbour master may prevent sailing of vessels
10
The harbour master may prevent the removal or sailing from the harbour of any vessel until evidence has been produced to him of the payment of any charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
PART 3 HARBOUR REGULATION
General directions as to use of the harbour, etc.
11
1
The Commissioners may, in accordance with the requirements of article 12, give or amend directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation, the safety of persons and the protection of property, flora and fauna in the harbour.
2
A direction under this article may, as designated in the direction, apply —
a
to all vessels or a class of vessels; or
b
all persons or a class of persons; or
c
to the whole of the harbour or to a part; or
d
at all times or at certain times or at certain states of the tide,
and every direction under this article must specify the extent of its application in relation to the matters referred to in subparagraphs (a), (b), (c) and (d).
3
The Commissioners may revoke a direction given under paragraph (1).
Procedure for giving, amending or revoking general directions
12
1
Subject to paragraph (7), if the Commissioners propose to give, amend or revoke a general direction, they must —
a
give notice in writing of the proposal to all member organisations of the advisory committee, the Chamber of Shipping and the Royal Yachting Association and to such other persons as they consider appropriate in respect of the proposal (in this article called “the designated consultees”);
b
consult with the designated consultees upon the proposal, including allowing a period of not less than 6 weeks from the date notice has been given by the Commissioners to those consultees for each of them to make written representations to the Commissioners on the proposal;
c
have regard to any representations made by the designated consultees during that consultation;
d
give notice in writing to the designated consultees, following the consultation, as to whether the Commissioners propose to proceed with the proposal and, if so, specifying whether they are making any modifications to the proposal and their reasons for so doing; and
e
if the Commissioners propose to proceed with the proposal and any of the designated consultees has made representations against the proposal, invite each designated consultee who has made such representations , within 28 days from the date of the notice given to him under sub-paragraph (d) or such longer period as may be specified in that notice, to confirm in writing if he maintains an objection to the proposal.
2
Where the Commissioners have complied with the requirements of paragraph (1) in relation to the proposal, they may proceed with the proposal if —
a
none of the designated consultees have made representations against it; or
b
none of the designated consultees, having made representations against it, give notice to the Commissioners under paragraph (1)(e) maintaining an objection to the proposal; or
c
an objection to the proposal has been maintained but the requirements specified in paragraph (3) have been complied with.
3
Where a designated consultee has given notice to the Commissioners under paragraph (1)(e) that he maintains an objection to the proposal —
a
the issue must be referred to an independent person (“the adjudicator”) to be agreed between the parties to the reference, that is between the Commissioners and each of the designated consultees maintaining an objection to the proposal (“the parties”) or, failing agreement, appointed, on the application of the Commissioners or any such designated consultee, by the President of the London Maritime Arbitrators Association;
b
the adjudicator must, so far as is reasonably practicable within three months of the referral, first provide a reasonable opportunity for each of the parties to make representations to or be heard by the adjudicator and then he must make a report in writing to the Commissioners with findings and reasoned recommendations on the issue, a copy of which must also be provided by the adjudicator to the each of the other parties; and
c
the Commissioners must decide whether to exercise the power to give, amend or revoke the direction having regard to the report and recommendations contained in the report of the adjudicator (but shall not be bound to give effect to the recommendations) and, once they have so decided, they must give notice in writing to the designated consultees of their decision and of the reasons for that decision.
4
If the Commissioners wish to exercise the power to give or amend a direction in a form materially different from both the form notified to the designated consultees under paragraph (1)(d) and that recommended by the adjudicator under paragraph (3)(b), they must proceed, unless the designated consultees otherwise agree in writing, as if the proposal is a new proposal to which paragraph (1) applies.
5
Except as provided in paragraph (3), an adjudicator appointed under that paragraph may determine the procedure for the making of representations and the conduct of any hearing under that paragraph.
6
The costs incurred by the adjudicator and by each of the parties on any referral under paragraph (3) are to be paid by such one or more of the parties to the referral as the adjudicator may direct.
7
Subject to paragraph (8), paragraphs (1) to (6) do not apply where the Commissioners propose in the interests of navigational safety to give, amend or revoke a direction under article 11 —
a
in an emergency; or
b
for the purpose of making temporary provision for an intended activity or operation in the harbour which is expected to commence less than 4 months after the Commissioners are notified of, or otherwise becomes aware of, it and to last not more than 28 days and if the Commissioners consider it appropriate to make such provision, after taking into account other activities and operations in the harbour which may be affected by it.
8
Where pursuant to paragraph (7) the Commissioners proceed to give, amend or revoke a direction without complying with paragraphs (1) to (6), they must —
a
give notice of the direction or amendment or revocation of the direction as soon as is practicable to those persons who would otherwise have been designated consultees had paragraph (1)(a) applied; and
b
if the Commissioners propose that —
i
the direction or the amendment of a direction is to continue in force after the expiry of the period of three months from the date of that notice; or
ii
in the case of the revocation of a direction, the revoked direction is not to be given again after the expiry of that period,
apply procedures analogous to those specified in paragraphs (1)(b) to (e) and (2) to (6) to the proposal.
9
In paragraph (1)(a) “the advisory committee” means the Commissioners’ Advisory Committee, appointed by the Commissioners in accordance with article 17 (advisory bodies) of the 2001 Order.
Publication of general directions
13
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction must, except in an emergency, be published by the Commissioners once, as soon as practicable, in a newspaper circulating in the locality of the harbour and must state a place at which copies of the direction, amendment or revocation may be inspected.
2
In an emergency, notice of the giving of a general direction or of the amendment or revocation of a general direction may be given in any manner considered by the Commissioners to be appropriate.
Special directions as to use of the harbour, etc.
14
1
The harbour master may give a direction for any of the purposes in subparagraphs (a) to (i) applying to a vessel within the harbour limits or for any of the purposes in subparagraph (a) applying to all vessels or vessels of a particular class within the harbour limits or to persons within the harbour limits specified in the direction —
a
requiring compliance with a requirement made in or under —
i
a general direction;
ii
any provision of the Cowes Harbour Acts and Orders 1897 to 2012; or
iii
any byelaw or other local enactment applying to the harbour or to the Commissioners;
b
regulating or requiring the movement, berthing, mooring or unmooring of the vessel;
c
requiring the removal from any part of the harbour of the vessel if —
i
it is on fire;
ii
it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;
iii
it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour;
iv
its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour; or
v
its removal is considered by the harbour master to be necessary in order to ensure the safety of persons or the protection of property, flora or fauna in the harbour or of any part of the harbour referred to in paragraph (2);
d
regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;
e
specifying the precautions to be taken in respect of apparatus, machinery and equipment;
f
regulating the speed of the vessel;
g
regulating the use of the motive power of the vessel;
h
prohibiting or restricting the use of fires or lights; or
i
as to the discharge or use of ballast.
2
A direction under this article may be given in the interests of the conservation of any part of the harbour where that part has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.
3
A direction under this article may be given in any manner considered by the harbour master to be appropriate and must be addressed to the master where the direction applies to a vessel or vessels.
4
Where a direction under this article is given to a person or persons the harbour master must, whenever possible, specify the person or persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question to be readily identified.
5
The harbour master may revoke or amend a direction given under this article.
Failure to comply with directions
15
1
A person who fails to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
In any proceedings for an offence under paragraph (1) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Enforcement of special directions
16
1
Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with in respect of a vessel within a reasonable time, the harbour master may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to attend to a special direction, and after reasonable inquiry has been made the master cannot be found, the harbour master may proceed as if the direction had been given and not complied with.
3
Expenses incurred by the Commissioners in the exercise of the powers conferred by paragraph (1) shall be recoverable by them as if they were a charge of the Commissioners in respect of the vessel.
Master’s responsibility in relation to directions
17
The giving of a general direction or a special direction applying to a vessel or vessels shall not diminish, or in any other way affect, the responsibility of the master of a vessel to which the direction relates in relation to the vessel, to persons on board the vessel, to the cargo or any other person or property.
PART 4 MISCELLANEOUS AND GENERAL
Harbour services and facilities
18
1
The Commissioners shall have power to provide, maintain, operate and improve such harbour services and facilities in, or in the vicinity of, the harbour as they may consider necessary or desirable and to take such action as they consider incidental to the provision of such services and facilities.
2
No provision of the Cowes Harbour Acts and Orders 1897 to 2012 shall prejudice or derogate from the generality of paragraph (1).
Service of notices and other documents
19
1
Without prejudice to the discretion of the harbour master under article 14(3) and subject to the following provisions of this article, a notice or other document to be served for the purposes of this Order, must be in writing and may be served by post.
2
Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or other document is duly served if it is served on the secretary or clerk of that body.
3
Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Commissioners may employ this method of service until such time as the person informs them in writing that he is no longer willing to receive notices or other documents by email or by other electronic means.
4
For the purposes of section 7 (references to service by post) 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 him of a notice or other document under paragraph (1) is, if he 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, his last known address at the time of service.
5
Where for the purposes of this Order a notice or other document is to be served on a person whose name and address cannot be ascertained after reasonable inquiry —
a
in the case of a notice or other document to be served on any person as having an interest in, or as the occupier of, any land, it may be served by —
i
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
ii
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;
b
in the case of a notice or other document relating to a vessel (including a wreck), it may be handed to a member of the crew or served by exhibiting it in a conspicuous position on or near the vessel, unless it would not be reasonably practicable to exhibit the notice or other document in this manner, or if the notice or other document would not be likely to be seen if it were so exhibited; and
c
in the case of any other notice or other document or a notice or other document that is not capable of being served pursuant to paragraph (5)(b) it may be served by displaying it at the office of the harbour master while it is in force.
6
This article shall not be taken to exclude the employment of service by any other means.
Power to grant tenancies and to dispose of land
20
1
The Commissioners may, for the purposes of, or in connection with, the management of the harbour, lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, machinery, equipment or other property forming part of the harbour undertaking for such period, at such rents and other considerations and on such terms and conditions as may be agreed between the Commissioners and the person taking the same.
2
The Commissioners may also dispose of, or grant the use or occupation of, any property vested in them and held by them for the purposes of the harbour which is no longer required for those purposes.
Commercial activities
21
If it conduces to the efficient and economical performance by the Commissioners of the management of the harbour they may —
a
carry on a trade or business of any kind including a trade or business carried on in conjunction with another person; or
b
form, invest in and promote, or join with another person in forming, investing in and promoting, a company for investing in, using or developing for any purpose land, or for carrying on any trade or business of any kind, in the harbour.
Liability for safety of goods
22
The Commissioners shall not be responsible for the safe keeping of goods deposited in any part of the harbour premises not specifically set apart by the Commissioners for the purpose of warehousing.
Removal of goods
23
1
If any goods are left on or in any part of the harbour premises the Commissioners may require the owner of the goods to remove them; and if the goods are not removed within six hours after such requirement or, in any case where it is not reasonably practicable to identify or contact the owner of the goods, within six hours after leaving a notice on the goods requiring their removal, the Commissioners may cause them to be removed to their own or any other public warehouse or store; and such removal shall be carried out at the expense and risk of the owner.
2
When goods are so removed and placed in store on behalf of the Commissioners, they shall be subject to a lien for the expenses of, and incidental to, the removal, and for any charges payable to the Commissioners by the owner in respect of the goods.
3
The Commissioners may, if they think fit, after giving seven days’ notice to the owner of the goods when the owner can be identified and contacted, and must, if so required by the owner of the goods, sell or otherwise dispose of the goods in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Commissioners must hold any surplus of such proceeds on trust for the person entitled thereto.
4
In this article “goods” includes vehicles and equipment.
Removal of vehicles and boats
24
1
If-
a
a vehicle or boat is left without the permission of the Commissioners —
i
in any place where it is likely to obstruct or interfere with the use of the harbour premises; or
ii
in any part of the harbour premises where the parking of vehicles or boats is prohibited by notice erected by the Commissioners; or
b
it appears to the Commissioners that the vehicle or boat has been abandoned in any part of the harbour premises,
the Commissioners may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.
2
Any notice erected under paragraph (1)(a)(ii) must be conspicuously posted in or close to the place to which it relates.
3
Where the Commissioners in exercise of the powers of this article remove a vehicle or boat or cause it to be removed, they must as soon as practicable report that fact to a constable or to a police station and the expenses of, and incidental to, the removal of the vehicle or boat shall be recoverable from the person responsible.
4
For the purposes of paragraph (3) “the person responsible” means —
a
the keeper of the vehicle or the owner of the boat at the time when it was put in the place from which it was removed under paragraph (1), or
b
if he shows that he was not concerned in, and did not know of, its being put there, the person who put the vehicle or boat in that place.
5
If the Commissioners in exercise of the powers of this article remove a vehicle or boat to a place not readily visible from the place whence it is so removed they must, if and as soon as it is reasonably practicable to do so, send to the keeper of the vehicle at his last known address, his registered address or the address where the vehicle is ordinarily kept or, as the case may be, to the owner of the boat at his last known address or the address where the boat is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle or the boat has been removed.
6
The Commissioners may, if they think fit, after giving seven days notice to the keeper of the vehicle or, as the case may be, the owner of the boat when the keeper or the owner can be identified and contacted, sell or otherwise dispose of the vehicle or boat in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Commissioners must hold any surplus of such proceeds on trust for the person entitled thereto.
7
A notice stating the general effect of paragraph (1) must be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour premises.
8
In this article references to the keeper of the vehicle and his registered address are to the person for the time being registered as the keeper of the vehicle and his address recorded in the register in accordance with regulations under the Vehicle Excise and Registration Act 1994
Obstruction of officers
25
1
Any person who —
a
intentionally obstructs an officer of the Commissioners acting in pursuance of any provision of the Cowes Harbour Acts and Orders 1897 to 2012; or
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any information which he may require for the purpose of the performance of his functions,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
Any person who in giving information to such an officer, makes a statement which he knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Borrowing powers
26
1
Subject to paragraph (2), the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding a multiple of one and a quarter times the total assets less total liabilities of the Commissioners as shown by the most recent audited financial statements of the Commissioners; and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1), there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sums for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article must be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3), but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
5
Article 14 (borrowing powers) of the 2001 Order is revoked and in article 16(1) of that order for “articles 14 (1)(a) and 15” there shall be substituted “article 15”.
Revocation of byelaws
27
1
The Commissioners may from time to time make byelaws solely for the revocation of byelaws previously made under the 1897 Act, the 1931 Order or the 1936 Order in accordance with the procedure in this article rather than the procedure to which those previously made byelaws were subject.
2
Byelaws made under this article must be made under the common seal of the Commissioners, and shall not have effect until the requirements of this article have been satisfied.
3
Upon the byelaws having been made, notice of the same must be given in one or more local newspapers circulating in the area to which the byelaws apply.
4
For at least one month after the making of byelaws, a copy of the byelaws must be deposited at the offices of the Commissioners and must at all reasonable hours be available for public inspection without payment.
5
The Commissioners must have regard to all representations received during the period when the byelaws have been made available for public consultation, in order to decide whether to confirm the byelaws, with or without amendments, and may fix the date on which the byelaws are due to come into operation and if no date is so fixed the byelaws shall come into operation one month from the date of their confirmation.
6
A copy of the byelaws, when confirmed by the Commissioners, must be printed and deposited at the offices of the Commissioners, and must at all reasonable hours be available for public inspection without payment.
Crown rights
28
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Saving for Trinity House
29
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Signed by authority of the Marine Management Organisation
J Cross
Chief Executive Office
An authorised employee of the Marine Management Organisation
10th December 2012 |
The Immigration (European Economic Area) (Amendment) Regulations 2012
The Secretary of State, being a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section, and of the powers conferred by section 109 of the Nationality, Immigration and Asylum Act 2002 , makes the following Regulations:
Citation
1
These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2012.
Commencement
2
1
Subject to paragraph (2) these Regulations will come into force on 16th July 2012.
2
Paragraph 1(d) of Schedule 1 to these Regulations will come into force on 16th October 2012.
Amendment of the Immigration (European Economic Area) Regulations 2006
3
The Immigration (European Economic Area) Regulations 2006 are amended as set out in Schedule 1.
Consequential amendments and transitional provisions
4
Schedule 2 (consequential amendments) and Schedule 3 (transitional provisions) have effect.
Damian Green
Minister of State
Home Office
19th June 2012
SCHEDULE 1
Amendments to the Immigration (European Economic Area) Regulations 2006
Regulation 3
Regulation 2 (general interpretation)
1
In regulation 2(1) —
a
in the appropriate places insert —
“derivative residence card” means a card issued to a person, in accordance with regulation 18A, as proof of the holder’s derivative right to reside in the United Kingdom as at the date of issue;
; and
“durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;
;
b
for the definition of “civil partner” substitute —
“civil partner” does not include —
a party to a civil partnership of convenience; or
the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;
;
c
for the definition of “ EEA decision” substitute —
“EEA decision” means a decision under these Regulations that concerns —
a person’s entitlement to be admitted to the United Kingdom;
a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card;
a person’s removal from the United Kingdom; or
the cancellation, pursuant to regulation 20A, of a person’s right to reside in the United Kingdom;
;
d
in the definition of “EEA national” after “a national of an EEA State” insert “who is not also a United Kingdom national”; and
e
for the definition of “spouse” substitute —
“spouse” does not include —
a party to a marriage of convenience; or
the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom;
.
Regulation 4 (“Worker”, “self-employed person”, “self-sufficient person” and “student”)
2
In regulation 4 —
a
in paragraph (1) for subparagraph (d)(i) substitute —
i
is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is —
aa
financed from public funds; or
bb
otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;
; and
b
at the end insert —
5
For the purpose of regulation 15A(2) references in this regulation to “family members” includes a “primary carer” as defined in regulation 15A(7).
.
Regulation 10 (“family member who has retained the right of residence”)
3
In regulation 10 —
a
For paragraph (2)(a) substitute —
a
he was a family member of a qualified person or of an EEA national with a permanent right of residence when that person died;
;
b
for paragraph (5)(a) substitute —
a
he ceased to be a family member of a qualified person or of an EEA national with a permanent right of residence on the termination of the marriage or civil partnership of that person;
c
for paragraph (5)(d)(iii) substitute —
iii
the former spouse or civil partner of the qualified person or the EEA national with a permanent right of residence has the right of access to a child of the qualified person or the EEA national with a permanent right of residence, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or
;
d
for the references to “the qualified person” in paragraphs (2)(b), (3)(a)(iii), (3)(b), (5)(d)(ii) and (8) substitute “the qualified person or the EEA national with a permanent right of residence”;
e
for the reference to “a qualified person” in paragraph (3)(a)(i) substitute “a qualified person or an EEA national with a permanent right of residence”; and
Regulation 11 (right of admission to the United Kingdom)
4
In regulation 11 —
a
in paragraph (2) —
i
after “a family member who has retained a right of residence” insert “, a person who meets the criteria in paragraph (5)”;
ii
in subparagraph (b) after “a residence card” insert “, a derivative residence card”;
b
in paragraph (3) after “a residence card” insert “, a derivative residence card”;
c
in paragraph (4) —
i
in subparagraph (b) after “join him in the United Kingdom;” omit “or”; and
ii
after subparagraph (b) insert —
ba
a person who meets the criteria in paragraph (5); or
; and
d
renumber and reorder paragraph (5) as paragraph (8) and after paragraph (4) insert —
5
A person (“P”) meets the criteria in this paragraph where —
a
P previously resided in the United Kingdom pursuant to regulation 15A(3) and would be entitled to reside in the United Kingdom pursuant to that regulation were P in the country;
b
P is accompanying an EEA national to, or joining an EEA national in, the United Kingdom and P would be entitled to reside in the United Kingdom pursuant to regulation 15A(2) were P and the EEA national both in the United Kingdom;
c
P is accompanying a person (“the relevant person”) to, or joining the relevant person in, the United Kingdom and —
i
the relevant person is residing, or has resided, in the United Kingdom pursuant to regulation 15A(3); and
ii
P would be entitled to reside in the United Kingdom pursuant to regulation 15A(4) were P and the relevant person both in the United Kingdom.
d
P is accompanying a person who meets the criteria in (b) or (c) (“the relevant person”) to the United Kingdom and —
i
P and the relevant person are both —
aa
seeking admission to the United Kingdom in reliance on this paragraph for the first time; or
bb
returning to the United Kingdom having previously resided there pursuant to the same provisions of regulation 15A in reliance on which they now base their claim to admission; and
ii
P would be entitled to reside in the United Kingdom pursuant to regulation 15A(5) were P and the relevant person there.
6
Paragraph (7) applies where —
a
a person (“P”) seeks admission to the United Kingdom in reliance on paragraph (5)(b) or (c); and
b
if P were in the United Kingdom, P would have a derived right of residence by virtue of regulation 15A(7)(b)(ii).
7
Where this paragraph applies a person (“P”) will only be regarded as meeting the criteria in paragraph (5)(b) or (c) where P —
a
is accompanying the person with whom P would on admission to the United Kingdom jointly share care responsibility for the purpose of regulation 15A(7)(b)(ii); or
b
has previously resided in the United Kingdom pursuant to regulation 15A(2) or (4) as a joint primary carer and seeks admission to the United Kingdom in order to reside there again on the same basis.
.
Regulation 12 (issue of EEA family permit)
5
In regulation 12 —
a
after paragraph (1) insert —
1A
An entry clearance officer must issue an EEA family permit to a person who applies and provides proof that, at the time at which he first intends to use the EEA family permit, he —
a
would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5); and
b
will (save in the case of a person who would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5)(a)) be accompanying to, or joining in, the United Kingdom any person from whom his right to be admitted to the United Kingdom under regulation 11(5) will be derived.
1B
An entry clearance officer must issue an EEA family permit to a family member who has retained the right of residence.
;
b
in paragraph (5) from “is subject to a deportation or exclusion order” until the end substitute “is not entitled to be admitted to the United Kingdom as a result of regulation 19(1A) or falls to be excluded in accordance with regulation 19(1B)”; and
c
after paragraph (5) insert —
6
An EEA family permit will not be issued under this regulation to a person (“A”) who is the spouse, civil partner or durable partner of a person (“B”) where a spouse, civil partner or durable partner of A or B holds a valid EEA family permit.
.
Regulation 13 (initial right of residence)
6
In regulation 13 —
a
in paragraph (2) after “family member of an EEA national” insert “or a family member who has retained the right of residence who is”; and
b
for paragraph (3) substitute —
3
An EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom will cease to have a right to reside under this regulation.
4
A person who otherwise satisfies the criteria in this regulation will not be entitled to reside in the United Kingdom under this regulation where the Secretary of State has made a decision under regulation 19(3)(b), 20(1) or 20A(1).
.
Regulation 14 (extended right of residence)
7
In regulation 14 for paragraph (5) substitute —
5
A person who otherwise satisfies the criteria in this regulation will not be entitled to a right to reside in the United Kingdom under this regulation where the Secretary of State has made a decision under regulation 19(3)(b), 20(1) or 20A(1).
.
Regulation 15 (permanent right of residence)
8
In regulation 15 —
a
after paragraph (1) insert —
1A
Residence in the United Kingdom as a result of a derivative right of residence does not constitute residence for the purpose of this regulation.
;
b
in paragraph (2) for “Once acquired, the” substitute “The”; and
c
for paragraph (3) substitute —
3
A person who satisfies the criteria in this regulation will not be entitled to a permanent right to reside in the United Kingdom where the Secretary of State has made a decision under regulation 19(3)(b), 20(1) or 20A(1).
.
New regulation 15A (derivative right of residence)
9
After regulation 15 insert —
15A
Derivative right of residence
1
A person (“P”) who is not entitled to reside in the United Kingdom as a result of any other provision of these Regulations and who satisfies the criteria in paragraph (2), (3), (4) or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.
2
P satisfies the criteria in this paragraph if —
a
P is the primary carer of an EEA national (“the relevant EEA national”); and
b
the relevant EEA national —
i
is under the age of 18;
ii
is residing in the United Kingdom as a self-sufficient person; and
iii
would be unable to remain in the United Kingdom if P were required to leave.
3
P satisfies the criteria in this paragraph if —
a
P is the child of an EEA national (“the EEA national parent”);
b
P resided in the United Kingdom at a time when the EEA national parent was residing in the United Kingdom as a worker; and
c
P is in education in the United Kingdom and was in education there at a time when the EEA national parent was in the United Kingdom.
4
P satisfies the criteria in this paragraph if —
a
P is the primary carer of a person meeting the criteria in paragraph (3) (“the relevant person”); and
b
the relevant person would be unable to continue to be educated in the United Kingdom if P were required to leave.
5
P satisfies the criteria in this paragraph if —
a
P is under the age of 18;
b
P’s primary carer is entitled to a derivative right to reside in the United Kingdom by virtue of paragraph (2) or (4);
c
P does not have leave to enter, or remain in, the United Kingdom; and
d
requiring P to leave the United Kingdom would prevent P’s primary carer from residing in the United Kingdom.
6
For the purpose of this regulation —
a
“education” excludes nursery education; and
b
“worker” does not include a jobseeker or a person who falls to be regarded as a worker by virtue of regulation 6(2).
7
P is to be regarded as a “primary carer” of another person if
a
P is a direct relative or a legal guardian of that person; and
b
P —
i
is the person who has primary responsibility for that person’s care; or
ii
shares equally the responsibility for that person’s care with one other person who is not entitled to reside in the United Kingdom as a result of any other provision of these Regulations and who does not have leave to enter or remain.
8
P will not be regarded as having responsibility for a person’s care for the purpose of paragraph (7) on the sole basis of a financial contribution towards that person’s care.
9
A person who otherwise satisfies the criteria in paragraph (2), (3), (4) or (5) will not be entitled to a derivative right to reside in the United Kingdom where the Secretary of State has made a decision under regulation 19(3)(b), 20(1) or 20A(1).
.
New regulation 15B (continuation of right of residence)
10
After regulation 15A insert —
15B
Continuation of a right of residence
1
This regulation applies during any period in which, but for the effect of regulation 13(4), 14(5), 15(3) or 15A(9), a person (“P”) who is in the United Kingdom would be entitled to reside here pursuant to these Regulations.
2
Where this regulation applies, any right of residence will (notwithstanding the effect of regulation 13(4), 14(5), 15(3) or 15A(9)) be deemed to continue during any period in which —
a
an appeal under regulation 26 could be brought, while P is in the United Kingdom, against a relevant decision (ignoring any possibility of an appeal out of time with permission); or
b
an appeal under regulation 26 against a relevant decision, brought while P is in the United Kingdom, is pending (within the meaning of section 104 of the 2002 Act).
3
Periods during which residence pursuant to regulation 14 is deemed to continue as a result of paragraph (2) will not constitute residence for the purpose of regulation 15 unless and until —
a
a relevant decision is withdrawn by the Secretary of State; or
b
an appeal against a relevant decision is allowed and that appeal is finally determined (within the meaning of section 104 of the 2002 Act).
4
Periods during which residence is deemed to continue as a result of paragraph (2) will not constitute residence for the purpose of regulation 21(4)(a) unless and until —
a
a relevant decision is withdrawn by the Secretary of State; or
b
an appeal against a relevant decision is allowed and that appeal is finally determined (within the meaning of section 104 of the 2002 Act).
5
A “relevant decision” for the purpose of this regulation means a decision pursuant to regulation 19(3)(b), 20(1) or 20A(1) which would, but for the effect of paragraph (2), prevent P from residing in the United Kingdom pursuant to these Regulations.
.
New regulation 18A (derivative residence card)
11
After regulation 18 insert —
Issue of a derivative residence card
18A
1
The Secretary of State must issue a person with a derivative residence card on application and on production of —
a
a valid identity card issued by an EEA State or a valid passport; and
b
proof that the applicant has a derivative right of residence under regulation 15A.
2
On receipt of an application under paragraph (1) the Secretary of State must issue the applicant with a certificate of application as soon as possible.
3
A derivative residence card issued under paragraph (1) may take the form of a stamp in the applicant’s passport and will be valid until —
a
a date five years from the date of issue; or
b
any other date specified by the Secretary of State when issuing the derivative residence card.
4
A derivative residence card issued under paragraph (1) must be issued free of charge and as soon as practicable.
5
But this regulation is subject to regulations 20(1) and 20(1A).
.
Regulation 20 (refusal to issue or renew and revocation of residence document)
12
In regulation 20(1A) for “The removal of a person from the United Kingdom under these Regulations invalidates” substitute “A decision under regulation 19(3) to remove a person from the United Kingdom will (save during any period in which a right of residence is deemed to continue as a result of regulation 15B(2)) invalidate”.
New regulation 20A (cancellation of right of residence)
13
After regulation 20 insert —
20A
Cancellation of a right of residence
1
Where the conditions in paragraph (2) are met the Secretary of State may cancel a person’s right to reside in the United Kingdom pursuant to these Regulations.
2
The conditions in this paragraph are met where —
a
a person has a right to reside in the United Kingdom as a result of these Regulations;
b
the Secretary of State has decided that the cancellation of that person’s right to reside in the United Kingdom is justified on grounds of public policy, public security or public health in accordance with regulation 21;
c
the circumstances are such that the Secretary of State cannot make a decision under regulation 20(1); and
d
it is not possible for the Secretary of State to remove the person from the United Kingdom pursuant to regulation 19(3)(b).
.
New regulation 21A (application of Part 4 to persons with a derivative right of residence)
14
After regulation 21 insert —
21A
Application of Part 4 to persons with a derivative right of residence
1
Where this regulation applies Part 4 of these Regulations applies subject to the modifications listed in paragraph (3).
2
This regulation applies where a person —
a
would, notwithstanding Part 4 of these Regulations, have a right to be admitted to, or reside in, the United Kingdom by virtue of a derivative right of residence arising under regulation 15A(2), (4) or (5);
b
holds a derivative residence card; or
c
has applied for a derivative residence card.
3
Where this regulation applies Part 4 applies in relation to the matters listed in paragraph (2) as if —
a
references to a matter being “justified on grounds of public policy, public security or public health in accordance with regulation 21” referred instead to a matter being “conducive to the public good”;
b
the reference in regulation 20(5)(a) to a matter being “justified on grounds of public policy, public security or public health” referred instead to a matter being “conducive to the public good”;
c
references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;
d
references to “a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” referred instead to “a derivative residence card”;
e
the reference in regulation 19(1A) to a deportation or exclusion order referred also to a deportation or exclusion order made under any provision of the immigration Acts.
f
regulation 20(4) instead conferred on an immigration officer the power to revoke a derivative residence card where the holder is not at that time a person with a derivative right of residence; and
g
regulations 20(3), 20(6) and 21 were omitted.
.
Regulation 22 (person claiming right of admission)
15
In regulation 22(1)(a) after “a family member who has retained the right of residence” insert “, a person who has a derivative right of residence”.
Regulation 23 (person refused admission)
16
In regulation 23 at paragraphs (1)(a) and (2) after “EEA family permit, residence card” insert “, derivative residence card”.
Regulation 24 (person subject to removal)
17
In regulation 24 —
a
in paragraph (1) for “regulation 19(3)” substitute “regulation 19(3)(b)” and for “an immigration officer” substitute “the Secretary of State”; and
b
after paragraph (6) insert —
7
Paragraph (6) of this regulation does not apply where a decision has been taken under regulation 19(3) on the basis that the relevant person —
a
has ceased to have a derivative right of residence; or
b
is a person who would have had a derivative right of residence but for the effect of a decision to remove under regulation 19(3)(b).
.
Regulation 24A (revocation of deportation and exclusion orders)
18
In regulation 24A(4) for “the order can no longer be justified on grounds of public policy, public security or public health in accordance with regulation 21” substitute “the criteria for making such an order are no longer satisfied”.
Regulation 25 (interpretation of Part 6)
19
In paragraph (1) of regulation 25 —
a
delete the definitions of “the Human Rights Convention” and “the Refugee Convention”; and
b
in the appropriate places insert —
“Asylum claim” has the meaning given in section 113(1) of the 2002 Act;
; and
“Human rights claim” has the meaning given in section 113(1) of the 2002 Act.
.
Regulation 26 (appeal rights)
20
In regulation 26 —
a
for paragraph (3) substitute —
3
If a person claims to be a family member who has retained the right of residence or the family member or relative of an EEA national he may not appeal under these Regulations unless he produces —
a
a valid national identity card issued by an EEA State or a passport; and
b
either —
i
an EEA family permit;
ii
proof that he is the family member or relative of an EEA national; or
iii
in the case of a person claiming to be a family member who has retained the right of residence, proof that he was a family member of the relevant person.
; and
b
after paragraph (3) insert —
3A
If a person claims to be a person with a derivative right of residence he may not appeal under these Regulations unless he produces a valid national identity card issued by an EEA State or a passport, and either —
a
an EEA family permit; or
b
proof that —
i
where the person claims to have a derivative right of residence under regulation 15A(2), he is a direct relative or guardian of an EEA national who is under the age of 18;
ii
where the person claims to have a derivative right of residence under regulation 15A(3), he is the child of an EEA national;
iii
where the person claims to have a derivative right of residence under regulation 15A(4), he is a direct relative or guardian of the child of an EEA national;
iv
where the person claims to have a derivative right of residence under regulation 15A(5), he is under the age of 18 and is a dependant of a person satisfying the criteria in (i) or (iii).
.
Regulation 27 (out of country appeals)
21
In regulation 27 —
a
at the end of paragraph (1)(c) delete the word “or” and then insert —
ca
to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the relevant person is outside the United Kingdom; or
;
b
in paragraph (2)(a) after “registration certificate, residence card,” insert “derivative residence card,”; and
c
for paragraph (2)(c) substitute —
c
has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.
;
d
for paragraph (3) substitute —
3
Paragraph (1)(d) does not apply where the person has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.
.
Schedule 2, paragraph 2 (persons not subject to restriction on the period for which they may remain)
22
In paragraph 2(2) of Schedule 2 after “the family member of a qualified person” insert “, a person with a derivative right of residence”.
Schedule 2, paragraph 3 (carriers’ liability under the 1999 Act)
23
In paragraph 3 of Schedule 2 after “a residence card” insert “, a derivative residence card”.
Schedule 2, paragraph 4 (appeals under the 2002 Act and previous immigration Acts)
24
In paragraph 4 of Schedule 2 —
a
in subparagraph (2) after “registration certificate, residence card,” insert “derivative residence card,”; and
b
in subparagraph (9) for “(1)” substitute “(2)”.
Schedule 4, paragraph 6 (periods of residence under the 2000 Regulations)
25
For paragraph 6 of Schedule 4 substitute —
6
Periods of residence prior to the entry into force of these Regulations
1
Any period during which a person (“P”), who is an EEA national, carried out an activity or was resident in the United Kingdom in accordance with the conditions in subparagraph (2) or (3) is to be treated as a period during which the person carried out that activity or was resident in the United Kingdom in accordance with these Regulations for the purpose of calculating periods of activity and residence there under.
2
P carried out an activity, or was resident, in the United Kingdom in accordance with this subparagraph where such activity or residence was at that time in accordance with —
a
the 2000 Regulations;
b
the Immigration (European Economic Area) Order 1994 (“the 1994 Order ”); or
c
where such activity or residence preceded the entry into force of the 1994 Order, any of the following Directives which was at the relevant time in force in respect of the United Kingdom —
i
Council Directive 64/221/ EEC ;
ii
Council Directive 68/360/EEC ;
iii
Council Directive 72/194/EEC ;
iv
Council Directive 73/148/EEC ;
v
Council Directive 75/34/EEC ;
vi
Council Directive 75/35/EEC ;
vii
Council Directive 90/364/EEC ;
viii
Council Directive 90/365/EEC ; and
ix
Council Directive 93/96/EEC .
3
P carried out an activity or was resident in the United Kingdom in accordance with this subparagraph where P —
a
had leave to enter or remain in the United Kingdom; and
b
would have been carrying out that activity or residing in the United Kingdom in accordance with these Regulations had the relevant state been an EEA State at that time and had these Regulations at that time been in force.
4
Any period during which P carried out an activity or was resident in the United Kingdom in accordance with subparagraph (2) or (3) will not be regarded as a period during which P carried out that activity or was resident in the United Kingdom in accordance with these Regulations where it was followed by a period —
a
which exceeded two consecutive years and for the duration of which P was absent from the United Kingdom; or
b
which exceeded two consecutive years and for the duration of which P’s residence in the United Kingdom —
i
was not in accordance with subparagraph (2) or (3); or
ii
was not otherwise in accordance with these Regulations.
5
The relevant state for the purpose of subparagraph (3) is the state of which P is, and was at the relevant time, a national.
.
SCHEDULE 2
Consequential Amendments
Regulation 4
The Channel Tunnel (International Arrangements) Order 1993
1
In paragraph 5(a) of Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 after “family permit, residence card” insert “, derivative residence card”.
The Immigration (Notices) Regulations 2003
2
In regulation 2 of the Immigration (Notices) Regulations 2003 for the definition of “EEA decision” substitute —
“EEA Decision” has the same meaning as in regulation 2(1) of the Immigration (European Economic Area) Regulations 2006
.
The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
3
In paragraph 5(b) of Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 after “family permit, residence card” insert “, derivative residence card”.
The Immigration (Restrictions on Employment) Order 2007
4
In List B of Schedule 1 to the Immigration (Restrictions on Employment) Order 2007
a
in paragraph 4 after “Immigration Agency to or for” insert “a person who has applied under regulation 18A(1) of the Immigration (European Economic Area) Regulations 2006, or to or for”; and
b
after paragraph 5 insert —
5A
A derivative residence card issued by the Home Office or the UK Borders Agency to a person.
.
SCHEDULE 3
Transitional Provisions
Regulation 4
Interpretation
1
In this Schedule —
a
the “ 2006 Regulations ” means the Immigration (European Economic Area) Regulations 2006; and
b
the terms “EEA family permit”, “EEA State”, “family member”, “registration certificate” and “residence card” have the meanings given in regulation 2(1) of the 2006 Regulations.
Amendments to the definition of EEA national
2
1
Where the right of a family member (“F”) to be admitted to, or reside in, the United Kingdom pursuant to the 2006 Regulations depends on the fact that a person (“P”) is an EEA national, P will, notwithstanding the effect of paragraph 1(d) of Schedule 1 to these Regulations, continue to be regarded as an EEA national for the purpose of the 2006 Regulations where the criteria in subparagraphs (2), (3) or (4) are met and for as long as they remain satisfied in accordance with subparagraph (5).
2
The criterion in this subparagraph is met where F was on 16th July 2012 a person with a permanent right to reside in the United Kingdom under the 2006 Regulations.
3
The criteria in this subparagraph are met where F —
a
was on the 16th July 2012 a person with a right to reside in the United Kingdom under the 2006 Regulations; and
b
on the 16th October 2012 —
i
held a valid registration certificate or residence card issued under the 2006 Regulations;
ii
had made an application under the 2006 Regulations for a registration certificate or residence card which had not been determined; or
iii
had made an application under the 2006 Regulations for a registration certificate or residence card which had been refused and in respect of which an appeal under regulation 26 could be brought while the appellant is in the United Kingdom (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ).
4
The criteria in this subparagraph are met where F —
a
had, prior to the 16th July 2012, applied for an EEA family permit pursuant to regulation 12 of the 2006 Regulations; or
b
has applied for and been refused an EEA family permit and where, on the 16 th July 2012, an appeal under regulation 26 against that decision could be brought (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of section 104 of the 2002 Act).
5
Where met, the criteria in subparagraph (2), (3) and (4) remain satisfied until the occurrence of the earliest of the following events —
a
the date six months after an EEA family permit has been issued if F has not within that period been admitted to the United Kingdom;
b
the date on which an appeal against a decision referred to in subparagraph (3)(b)(iii) or (4)(b) can no longer be brought (ignoring the possibility of an appeal out of time with permission) where no such appeal has been brought;
c
the date on which any appeal against a decision referred to in subparagraph (3)(b)(iii) or (4)(b) is finally determined, is withdrawn or is abandoned (within the meaning of section 104 of the 2002 Act) (save where the outcome of the appeal process is that the document in question falls to be granted);
d
the date on which F ceases to be the family member of an EEA national; or
e
the date on which a right of permanent residence under regulation 15 of the 2006 Regulations is lost in accordance with regulation 15(2) of those Regulations.
6
P will only continue to be regarded as an EEA national for the purpose of considering the position of F under the 2006 Regulations. |
The Social Fund Maternity Grant Amendment Regulations 2012
The Social Security Advisory Committee has agreed that proposals in respect of these regulations should not be referred to it .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity Grant Amendment Regulations 2012.
2
They come into force on 13 th August 2012.
3
In these Regulations, “the principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 and expressions defined in those Regulations have the same meaning in these Regulations.
Amendment of the principal Regulations
2
Subject to regulation 3, for regulation 5A of the principal Regulations (award of Sure Start Maternity Grant not to be made where another member of the claimant’s family is under 16 unless an exception applies) substitute —
Entitlement where another member of the claimant’s family is under the age of 16
5A
1
In this regulation —
a
“C” means the child or still-born child in respect of whom a Sure Start Maternity Grant is claimed; and
b
“existing member of the family” has the meaning given in paragraph (2) or, as the case may be, (3).
2
Where a parent of C (“P”) is under the age of 20 and a member of the claimant’s family, “existing member of the family” means any member of the claimant’s family who is also a child of P, apart from C or any other child born as a result of the same pregnancy as C.
3
In any other case, “existing member of the family” means any member of the claimant’s family apart from —
a
C;
b
any other child born as a result of the same pregnancy as C;
c
any child whose parent is under the age of 20 and a member of the claimant’s family.
4
Subject to the following provisions of this regulation, a Sure Start Maternity Grant shall not be awarded if, at the date of claim, any existing member of the family is under the age of 16.
5
Where C is one of two or more children —
a
born or still-born as a result of the same pregnancy, or
b
(if the claim is made before the confinement in a case where regulation 5(3)(a) applies) who are expected to be born as a result of the same pregnancy,
c
the number of Sure Start Maternity Grants to be awarded is to be determined in accordance with paragraphs (6) and (7).
6
Where at the date of claim no existing member of the family is under the age of 16 a Sure Start Maternity Grant is to be awarded in respect of each of the children mentioned in paragraph (5).
7
Where at the date of claim any existing member of the family is under the age of 16 then —
a
where each of those existing members of the family under the age of 16 was born as a result of separate pregnancies, a Sure Start Maternity Grant is to be awarded for all but one of the children mentioned in paragraph (5); and
b
where two or more of those existing members of the family under the age of 16 were born as a result of a single pregnancy, the number of Sure Start Maternity Grants to be awarded in respect of the children mentioned in paragraph (5) is the number of children mentioned in paragraph (5) minus the maximum number of existing members of the family born as a result of a single pregnancy.
Transitional provisions
3
1
The substitution made by regulation 2 does not apply in a case where any of paragraphs (2) to (7) apply.
2
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(a) of the principal Regulations;
b
the claim is made before C’s birth;
c
the claim is made before 13th August 2012; and
d
the expected date of confinement is before 29th October 2012.
3
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(a) or (b) of the principal Regulations;
b
the claim is made after C’s birth; and
c
C is born before 29th October 2012.
4
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(c) of the principal Regulations; and
b
the qualifying order is made before 29th October 2012.
5
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(d) of the principal Regulations; and
b
the appointment as guardian takes effect before 29th October 2012.
6
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(e) of the principal Regulations; and
b
C is placed for adoption with the claimant or the claimant’s partner before 29th October 2012.
7
This paragraph applies in a case where —
a
the claimant falls within regulation 5(3)(f) of the principal Regulations; and
b
the adoption referred to in that provision takes effect before 29th October 2012.
8
In this regulation, “C” means the child or still-born child in respect of whom a Sure Start Maternity Grant is claimed.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
11th July 2012 |
The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 3) Regulations 2012
A draft of these Regulations was laid before Parliament in accordance with section 143(4) and (5)(a) of the Pensions Act 2008 and approved by a resolution of each House of Parliament.
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 3) Regulations 2012 and come into force on 1st November 2012.
Amendment of regulation 36 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
2
1
Regulation 36 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (certain schemes providing average salary benefits excluded from being qualifying schemes) is amended as follows.
2
For paragraph (2)(c) substitute —
c
a discretionary power may be exercised in the revaluation of such benefits,
.
3
In paragraph (4) —
a
in sub-paragraph (a) omit “in relation to a scheme which has members on 1st July 2012,”;
b
in sub-paragraph (b) omit “in relation to any scheme,”; and
c
in sub-paragraph (c) omit “in relation to any scheme,”.
4
In paragraph (5)(a) —
i
for “level” in each place where it occurs, substitute “index”; and
ii
in paragraph (ii) for “for any month” substitute “for a month”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
25th October 2012 |
The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012
Her Majesty, by virtue and in exercise of the powers vested in Her by section 1 of the United Nations Act 1946 and section 112 of the Saint Helena Act 1833 , the British Settlements Acts 1887 and 1945 and of all 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
This Order may be cited as the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 and shall come into force on 17th February 2012.
2
In this Order, “the principal Order ” means the Libya (Restrictive Measures) (Overseas Territories) Order 2011 .
3
This Order shall extend to the territories listed in Schedule 1 of the principal Order.
Amendments to the principal Order
4
Article 2(1) of the principal Order is amended as follows —
a
in the definition of “designated person”, for the words “and Zueitina Oil Company and excluding the persons referred to in paragraph 15 of Security Council resolution 2009 (2011)” substitute the words “, Zueitina Oil Company, the Central Bank of Libya, the Libyan Arab Foreign Bank, the Libyan Investment Authority and the Libyan Africa Investment Portfolio”; and
b
for the definition of “person referred to in paragraph 15 of Security Council resolution 2009 (2011)” substitute —
“person referred to in paragraph 15 of Security Council resolution 2009 (2011)” means the Libyan Investment Authority or the Libyan Africa Investment Portfolio or both;
.
Richard Tilbrook
Clerk of the Privy Council |
The Undertakings for Collective Investment in Transferable Securities (Amendment) Regulations 2012
The Treasury, in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972, make the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Undertakings for Collective Investment in Transferable Securities (Amendment) Regulations 2012 and come into force on 24th August 2012.
Amendments to the Financial Services and Markets Act 2000
2
The Financial Services and Markets Act 2000 is amended as follows.
3
In subsection (3B) of section 199 (additional procedure for EEA firms in certain cases), omit “or (f)”.
4
In section 264 (schemes constituted in other EEA States), in subsection (5) —
a
after “another EEA State” insert “(“the home state”)”;
b
in paragraph (a) —
i
for “that State” substitute “the home state”, and
ii
for “that law” substitute “the law of any EEA State”; and
c
in paragraph (b), for “that law” substitute “the law of the home state”.
Amendment to the Undertakings for Collective Investment in Transferable Securities Regulations 2011
5
In regulation 8(1) of the Undertakings for Collective Investment in Transferable Securities Regulations 2011 , for “merger by sub-fund” substitute “merger by scheme of arrangement”.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 2012 |
The Capital Gains Tax (Annual Exempt Amount) Order 2012
The Treasury make the following Order in discharge of the duty imposed by section 3(4) of the Taxation of Chargeable Gains Act 1992 :
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2012.
Exempt amount of capital gains for 2012-13
2
The amount which, by virtue of section 3(2) of the Taxation of Chargeable Gains Act 1992, is, unless Parliament otherwise determines, the exempt amount for the year of assessment 2012-13 is £11,200.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2012 |
The Counter-Terrorism Act 2008 (Code of Practice for the Video Recording with Sound of Post-Charge Questioning) Order 2012
Accordingly, the Secretary of State makes the following Order.
1
This Order may be cited as the Counter-Terrorism Act 2008 (Code of Practice for the Video Recording with Sound of Post-Charge Questioning) Order 2012 and shall come into force on the day after it is made.
2
The Code of Practice entitled “Code of Practice for the Video Recording with Sound of Interviews of Persons Detained under Section 41 of, or Schedule 7 to, the Terrorism Act 2000 and Post Charge Questioning of Persons Authorised under Sections 22 or 23 of the Counter-Terrorism Act 2008”, laid before Parliament in draft on 10 th May 2012 shall, in so far as it relates to interviews conducted under sections 22 and 23 of the Counter-Terrorism Act 2008, come into operation on the day on which this Order comes into force.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
9th July 2012 |
The Traffic Management (The Council of the Borough of Kirklees) Permit Scheme Order 2012
The Secretary of State for Transport having approved The Council of the Borough of Kirklees 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 (The Council of the Borough of Kirklees) Permit Scheme Order 2012 and comes into force on 12th June 2012.
Interpretation
2
In this Order —
“The Council of the Borough of Kirklees 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 The Council of the Borough of Kirklees 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 Council of the Borough of Kirklees 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 Council of the Borough of Kirklees 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 COUNCIL OF THE BOROUGH OF KIRKLEES PERMIT SCHEME
Article 2 |
The Machine Games Duty Regulations 2012
The Commissioners for Her Majesty’s Revenue and Customs, make the following Regulations in exercise of the powers conferred by paragraphs 18, 19, 24 and 39 of Schedule 24 to the Finance Act 2012 .
PART 1 PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Machine Games Duty Regulations 2012 and come into force in accordance with regulation 2.
2
1
Parts 1, 2, 4, 5 and Schedule 1 come into force on 1st November 2012.
2
Part 3 and Schedule 2 come into force on 1st February 2013.
Interpretation
3
1
In these Regulations —
“business day” means any day except —
a Saturday, a Sunday, Good Friday or Christmas Day;
a bank holiday under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 ;
a day appointed by Royal proclamation as a public fast or thanksgiving day; or
a day declared by an order (under section 2(1) of the Banking and Financial Dealings Act 1971 ) to be a non-business day;
“ MGD ” means machine games duty;
“MGD return” means a return which is required to be made in accordance with regulation 12;
“Part” or “regulation” refers to the appropriate Part or regulation in these Regulations;
“prescribed” means prescribed by the Commissioners in a published notice, as revised or replaced from time to time;
“registrable person” includes any personal representative, trustee in bankruptcy, receiver or liquidator, who is acting in a representative capacity for the registrable person;
“registration number” means the identifying number allocated to the RP and notified to the RP by the Commissioners for the purposes of MGD;
“relevant information” means information (including information contained in an application or MGD return) which is required or authorised by virtue of these Regulations to be delivered to the Commissioners;
“representative member”, for the purposes of Part 5, means the representative member for a group;
“RP” means a registered person and includes any personal representative, trustee in bankruptcy, receiver or liquidator, who is acting in a representative capacity for the RP;
“the Schedule” (unless otherwise stated in these Regulations) means Schedule 24 to the Finance Act 2012;
“specified”, unless the context otherwise requires, means specified under these Regulations.
Delivery of information
4
1
Relevant information must be provided —
a
in a written form as prescribed; or
b
in accordance with paragraphs (2) and (3).
2
The Commissioners may prescribe that relevant information may be delivered electronically, in a form prescribed (an “electronic communication”).
3
Where provision is made for an electronic communication, the Commissioners may prescribe the method of delivery of that communication (a “prescribed electronic method”).
4
Unless otherwise specified, any change to relevant information must be communicated to the Commissioners within fourteen days in the manner prescribed.
5
The Commissioners may treat relevant information as not having been provided unless it is provided in accordance with this regulation.
6
Any notification to be given by the Commissioners under these Regulations may, unless otherwise specified, be given by post to the last or usual residence or place of business of —
a
an RP;
b
a United Kingdom representative; or
c
a registrable person.
Agency
5
1
For the purposes of MGD, a reference to an RP or a registrable person includes a reference to an agent (other than a United Kingdom representative) —
a
appointed by that person; and
b
notified to, accepted, and confirmed as such, by the Commissioners.
2
Nothing in this regulation or Part 3 —
a
affects the liability of any person in respect of MGD; or
b
makes an agent liable to account for or pay MGD.
PART 2 REGISTRATION
Application for registration
6
1
An application for registration must be made in the form prescribed.
2
The Commissioners may require the applicant to provide the information (or any part of the information) listed in Schedule 1 in the application.
3
The Commissioners may require the applicant to make a declaration that the information provided in the application is true and complete.
4
If there is any change or inaccuracy in the information —
a
contained in an application under this Part; or
b
subsequently notified to the Commissioners in accordance with this Part,
the applicant must then (on becoming aware of it) notify the Commissioners in the manner prescribed.
5
The Commissioners may modify or dispense with any particular requirement under this regulation where it appears to them to be reasonable to do so in an individual case.
Registration
7
1
If the Commissioners are satisfied that an application for registration has been made in accordance with regulation 6 by —
a
a registrable person; or
b
a person who reasonably expects to become a registrable person within three months following the date of the application,
the Commissioners must add that person’s name to the MGD register on the date of registration and notify the date and the registration number to the person (the “registration confirmation”).
2
If the person applied for registration by a prescribed electronic method, the Commissioners may provide the registration confirmation electronically.
3
Subject to paragraph (4), the Commissioners are not required to register a registrable person earlier than the fourteenth day after the day on which they receive the application.
4
If the registrable person is not usually resident or established in a member State (or part of a member State), the Commissioners are not required to register that person earlier than the thirty-first day after the day on which they receive the application.
5
This regulation is subject to regulation 11 and any directions given pursuant to paragraph 40 of the Schedule (transitional provision).
De-registration
8
1
If the Commissioners are satisfied that an RP no longer needs to be registered, the Commissioners may remove the RP’s name from the MGD register.
2
If the Commissioners —
a
receive a notice from the RP stating that the RP will cease to be a registrable person at a specified time within three months of the date of the notice; and
b
are satisfied that the RP will no longer need to be registered at the specified time,
the Commissioners must remove the RP’s name from the MGD register not more than fourteen days after the specified time.
3
The notice referred to in paragraph (2) must be given by the RP in the manner prescribed.
4
If the RP’s name is removed from the MGD register, the RP must be notified by the Commissioners in writing within seven business days.
5
If the RP’s name is removed from the MGD register for any reason not intended by the Commissioners, the Commissioners must notify the RP and may re-register the RP with the same registration number with effect from the time of the removal.
Inaccuracy
9
1
If the MGD register or relevant information appears to the Commissioners to be inaccurate, they may —
a
update the MGD register; or
b
notify the RP and require the RP to submit within thirty days of the date of the notification —
i
relevant information; or
ii
a new application for registration,
as the Commissioners may require.
2
If the RP submits a new application for registration, the Commissioners may —
a
register the RP pursuant to that application; and
b
cancel the RP’s existing registration from the time that the new registration takes effect.
3
If changes are made to the register as a result of this regulation, the Commissioners must send a notification of those changes to the RP within seven business days.
Compulsory Registration
10
1
For the purposes of this regulation “R” means a person whom the Commissioners believe to be a registrable person for MGD, but who is not registered.
2
If the Commissioners issue a registration notice (“ RN ”) to R in accordance with paragraph 23(2) of the Schedule, it must contain the following information —
a
R’s name;
b
the date of issue;
c
the address of each premises to which the notice relates;
d
the reason why R is believed to be a registrable person in respect of each premises;
e
the date by which R is required to respond to the RN;
f
details of any information that R is required to provide from the list in Schedule 1 (and the form it should take);
g
the consequences of failing to respond to the RN (including failing to provide all of the information required by the RN);
h
the address to which the response (or any correspondence pertaining to the response) must be sent.
3
Nothing in this Part precludes the Commissioners from issuing more than one RN to R at any given time in respect of different premises.
4
If the Commissioners issue an RN to R for more than one premises —
a
in the belief that R is registrable in respect of all of the premises listed in the RN; and
b
R satisfies the Commissioners that R is not registrable in respect of one or more of the premises,
the RN will remain valid in respect of the premises for which R is registrable under paragraph 23 of the Schedule.
5
If R appeals against the RN under paragraph 23 of the Schedule and —
a
the notice relates to more than one premises;
b
the appeal does not relate to all of the premises specified in the RN; and
c
thirty days have elapsed from the date of the RN,
the Commissioners may register R in respect of the premises which are not the subject of an appeal.
6
If R is registered in respect of any premises under paragraph 23 of the Schedule, the Commissioners must send to R a copy of the entry in the register within seven business days.
7
If further information about R becomes available to the Commissioners after they have registered R, the Commissioners may update the register with that information (and, if they do so, must send to R a copy of the updated entry within seven business days).
8
If R is a registrable person at the date of the RN, but ceases to be a registrable person after the date of the RN, the Commissioners may —
a
register R from the date of the RN; and
b
de-register R from the date at which R ceases to be a registrable person,
and must notify R accordingly.
9
Any information or notification required to be sent by the Commissioners to R under this regulation must be sent to R’s last known residence or place of business by registered post or the recorded delivery service.
Security and United Kingdom representatives
11
1
If the Commissioners have reason to believe that a person who is liable for the payment of MGD may not discharge that liability as it falls due from time to time, the Commissioners may make registration or continued registration conditional on that person —
a
providing such security for the payment of MGD as appears to the Commissioners to be appropriate; or
b
in the case of a foreign person, appointing a United Kingdom representative.
2
Where any person is appointed to be the United Kingdom representative of another person (“the principal”), and has consented to act in that capacity, the United Kingdom representative —
a
must act on the principal’s behalf for the purpose of making any payments or returns due in respect of MGD;
b
must secure (where appropriate by acting on the principal’s behalf), the principal’s compliance with and discharge of the obligations and liabilities that the principal is subject to in relation to MGD; and
c
is personally liable in respect of —
i
any failure to secure the principal’s compliance with or discharge of any such obligation or liability; and
ii
anything done for purposes connected with acting on the principal’s behalf,
as if the obligations and liabilities imposed on the principal were imposed jointly and severally on the United Kingdom representative and the principal.
3
The United Kingdom representative must notify the Commissioners in writing within seven business days of ceasing to act for or on behalf of the principal.
PART 3 RETURNS AND PAYMENT
MGD returns
12
1
An RP must provide the Commissioners with the return required in accordance with paragraph 18 of the Schedule (an “MGD return”) by the thirtieth day following the end of every accounting period.
2
An MGD return must be made in the manner prescribed.
3
The Commissioners may require the RP to provide the information (or any part of the information) listed in Schedule 2 in the return.
4
The Commissioners may require the RP to make a declaration that the information provided in the MGD return is true and complete.
5
If the thirtieth day following the end of an accounting period is not a business day, an MGD return must be furnished by the last business day before that day.
6
The Commissioners may modify or dispense with any particular requirement under this regulation where it appears to them to be reasonable to do so in an individual case.
Payment of MGD by an RP
13
1
Unless paragraph (7) applies, an RP must pay to the Commissioners the MGD due in respect of an accounting period not later than the thirtieth day following the end of that period.
2
Payment must be made —
a
in a prescribed manner; or
b
by such other method as the Commissioners may approve in writing in an individual case.
3
If the thirtieth day following the end of an accounting period is not a business day, the MGD must be paid by the last business day before that day.
4
The date that a payment is treated as made for the purposes of this Part is when it is received by the Commissioners.
5
A payment must not be treated as having been made by the day on which it is required to be made unless it is made in such a manner as secures that all the transactions can be completed that need to be completed before the whole of the amount becomes available to the Commissioners.
6
For the purposes of these Regulations references to a payment being made by any day include references to its being made on that day.
7
Where the method of payment involves the collection of the MGD due to the Commissioners by means of Direct Debit —
a
the RP must ensure that there are sufficient funds in the account to satisfy the payment at the time when it is due to be collected; and
b
the Commissioners may prescribe the date when the payment is to be collected from the account.
Notification and correction of errors
14
1
If a taxable person discovers an error in an MGD return which has resulted in that person’s liability to MGD being understated, and not more than four years has elapsed since the date that the return was due, the amount of the understatement may be included on the next MGD return in the manner prescribed if it —
a
does not exceed £10,000; or
b
does not exceed £50,000, and will not exceed 1% of the total net takings from dutiable machine games in the accounting period during which the understatement was discovered.
2
Where a taxable person has made an error —
a
in accounting for MGD; or
b
in any return,
then, unless the error is corrected in accordance with paragraph (1), it must be corrected in such manner and within such time as the Commissioners may prescribe.
Payment by an unregistered person
15
1
Where MGD (or a sum owed as MGD) is due to the Commissioners, and the person who has become liable to pay is not an RP, that person must pay the amount due —
a
by the prescribed method; and
b
by sending it to the prescribed address.
2
The Commissioners must —
a
prescribe a date for the payment of the MGD; or
b
notify the person of the date by which the MGD must be paid,
and any date which is prescribed or notified under this paragraph must not be earlier than thirty days after the date of any assessment in respect of that MGD.
3
The date that a payment is treated as made for the purposes of this Part is when it is received by the Commissioners.
4
A payment must not be treated as having been made by the date prescribed or notified in accordance with paragraph (2) unless it is made in such a manner as secures that all the transactions can be completed that need to be completed before the whole of the amount becomes available to the Commissioners.
5
For the purposes of these Regulations references to a payment being made by any day include references to its being made on that day.
PART 4 ELECTRONIC COMMUNICATION
Validation of an electronic communication
16
1
A prescribed electronic method must incorporate an electronic validation process.
2
Unless the contrary is proved —
a
the use of a prescribed electronic method will be presumed to have resulted in the making of an electronic communication to the Commissioners only if this has been successfully recorded as such by the relevant electronic validation process;
b
the time of making an electronic communication to the Commissioners using a prescribed electronic method will be presumed to be the time recorded as such by the relevant electronic validation process; and
c
the person making an electronic communication to the Commissioners will be presumed to be the person identified as such by any relevant feature of the prescribed electronic method.
3
An electronic communication made using a prescribed electronic method carries the same consequences as a communication made in paper form, unless otherwise prescribed.
Electronic communication by the Commissioners
17
1
If a person has communicated with the Commissioners by means of a prescribed electronic method in respect of MGD, the Commissioners may issue an electronic acknowledgement of the communication.
2
If a person —
a
has applied to register for MGD by a prescribed electronic method; or
b
has notified the Commissioners by a prescribed method,
the Commissioners may communicate electronically with the person in respect of MGD, unless they are notified by a prescribed method that the person is not, or is no longer, willing to receive such communications electronically.
PART 5 APPLICATION OF THE SCHEDULE TO GROUPS
General provisions
18
1
Any application made under this Part must be made in the manner prescribed.
2
If there is any change or inaccuracy in the information —
a
contained in an application under this Part; or
b
subsequently notified to the Commissioners in accordance with this Part,
the applicant must notify the Commissioners in writing within seven business days of becoming aware of it.
3
The Commissioners may require the applicant to provide the information (or any part of the information) listed in Schedule 1 in respect of each of the bodies corporate that are the subject of the application.
4
The Commissioners may require the applicant to make a declaration that the information is true and complete.
5
The Commissioners may refuse any application under this Part if it appears necessary to do so for the protection of the revenue.
6
A date specified in a notice under this Part must be a date which is at least four business days after the date on which the notice is sent.
7
If group membership is terminated for any reason not intended by the Commissioners, the Commissioners may reinstate the membership with effect from —
a
the date that the membership was terminated; or
b
such other date as may be agreed with the representative member.
Eligibility to form a group for MGD
19
1
Two or more bodies corporate (who are registrable persons) are eligible to apply to the Commissioners to be treated as members of a group for the purposes of MGD if —
a
one of them controls each of the others;
b
one person (whether a body corporate or an individual) controls all of them; or
c
two or more individuals carrying on a business in partnership control all of them.
2
For the purposes of this Part, a body corporate is to be taken to control another body corporate if —
a
it is empowered by statute to control that body’s activities; or
b
it is that body’s holding company within the meaning of section 1159 of the Companies Act 2006 ,
and an individual or individuals is to be taken to control a body corporate if (were that individual or those individuals a company) that individual or those individuals would be that body’s holding company within the meaning of that Act.
Application to form a group
20
1
For the purposes of regulation 19, the applicant must satisfy the Commissioners that the bodies corporate which are the subject of the application have consented to group treatment.
2
The application must specify which one of bodies corporate that are the subject of the application will be the representative member.
3
If the Commissioners accept the application, they must notify the representative member of the group of the date on which group treatment will commence.
4
If the Commissioners refuse the application, they must notify the applicant and all of the bodies corporate who are the subject of the application.
5
The Commissioners may require the representative member to provide security for the payment of MGD in accordance with regulation 11(1)(a), but of an amount which the Commissioners consider to be appropriate for the group.
Effect of group membership
21
1
Where under this Part any bodies corporate are treated as members of a group, any business carried on by the group is to be treated as carried on by the representative member.
2
A reference to an RP in regulations 12 and 13 must be read for the purposes of this Part as though it is a reference to the representative member.
3
All members of the group are jointly and severally liable for any MGD due from the representative member.
4
A body corporate may not be treated as a member of more than one group at the same time.
Applications by a representative member
22
1
Subject to paragraph (5), this regulation applies where two or more bodies corporate are treated as members of a group and the representative member makes an application to the Commissioners —
a
for another body corporate (which is eligible under this Part) to be treated as a member of the group;
b
for a body corporate to cease to be treated as a member of the group;
c
for the bodies corporate no longer to be treated as members of a group; or
d
for another member to be substituted as the group’s representative member.
2
In respect of an application under paragraph (1)(a), the representative member must satisfy the Commissioners that —
a
the existing members of the group; and
b
any registrable person who is the subject of the application,
have consented to group treatment.
3
A body corporate is to be treated as a member of the group only —
a
if the application is accepted by the Commissioners; and
b
from a date notified by the Commissioners to the representative member.
4
In respect of an application under paragraph (1)(b) or (1)(c), a body corporate is to be treated as not being a member of the group only —
a
if the application is accepted by the Commissioners; and
b
from a date notified by the Commissioners to the representative member and any body corporate which is the subject of the application.
5
An application under paragraph (1)(d) may be made by —
a
the current representative member; or
b
the body corporate that is applying to be substituted for the current representative member, and
the applicant must satisfy the Commissioners that the members of the group have consented to the substitution.
6
In respect of an application under paragraph (1)(d), another member of the group is only to substituted as the representative member —
a
if the application is accepted by the Commissioners; and
b
from a date that the Commissioners are satisfied has been notified to all of the members of the group.
Applications by group members other than the representative member
23
1
A body corporate may apply to the Commissioners to —
a
transfer from its current group to a different group; or
b
cease to be treated as a member of a group.
2
The Commissioners must be satisfied that the body corporate has given notice of the application to the representative member of the current group and the group it is applying to join.
3
A body corporate is to be treated as not being a member of the group by virtue of this regulation only —
a
if the application is accepted by the Commissioners; and
b
from a date notified by the Commissioners to the representative member and the body corporate who made the application.
Termination of group membership by the Commissioners
24
1
The Commissioners may, by notice given to a body corporate, terminate its treatment as a member of a group from a date which is specified in the notice.
2
The Commissioners may give a notice under paragraph (1) if it appears to them —
a
to be necessary for the protection of the revenue; or
b
that the body corporate is not (or is no longer) eligible to be treated as a member of the group.
3
Any notice to be given under this regulation must be given in writing and sent by post to the last or usual place of business of the body corporate.
4
Where the Commissioners give notice to a body corporate under paragraph (1), notice must also be given to the representative member (if different from the body corporate).
5
If the body corporate referred to in paragraph (1) is the representative member —
a
notice must also be given to each member of the group; and
b
the members of the group must with immediate effect appoint a new representative member in order to continue to be treated as a group.
6
If it appears to the Commissioners that —
a
the group does not (or has ceased to) have a representative member who is acceptable to the Commissioners; or
b
there are less than two bodies corporate being treated as members of the group,
they may give notice to each member that the group treatment will cease from the time specified in the notice.
Jim Harra
Simon Bowles
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st October 2012
SCHEDULE 1
REGISTRATION FOR MGD
Regulations 6, 10 and 18
Information which the Commissioners may require an applicant to include in a registration application for MGD, where applicable —
a
the name, address and contact details of the applicant;
b
the name, address and contact details of the business (where there is more than one place of business, the address of the principal place of business);
c
an indication of which (if any) of the licences or permits listed in paragraph 22(1) of the Schedule are held in respect of the premises covered by the application, the reference number and details of what it covers;
d
whether the applicant holds a licence under section 65 of the Gambling Act 2005 , and, if so, the reference number and details of what it covers;
e
the address of each premises where machines will be made available for play (except where all of the machines at the premises are covered by a licence or permit listed in (c));
f
any website address for the business;
g
the trading name of the business;
h
the legal status of the business;
i
the date from which it is intended to make machines available for use;
j
whether the applicant’s principal place of business is within the United Kingdom;
k
whether the business operates for the whole year or for part of the year (and if part of the year, which part);
l
type of business activities;
m
preferred payment method (and, where applicable to the payment method, bank details);
n
the number of machines in respect of which MGD will be paid and their regulatory categorisation;
o
the number of machines available for play;
p
the date on which machines were first made available for play;
q
reference numbers: a registration number issued to a company or LLP by Companies House, a VAT registration number, a previous registration number, a unique trader reference number;
r
the name (and where, known, address and registration number) of any person connected with the applicant who is already registered or who has applied to be registered for MGD (and connected is to be construed in accordance with section 1122 of the Corporation Tax Act 2010 )
s
date of birth or incorporation;
t
National Insurance number;
u
details of any partnership, including the name, address and contact details of each partner and the date of joining.
SCHEDULE 2
INFORMATION TO BE CONTAINED IN AN MGD RETURN
Regulation 12
Information which the Commissioners may require an RP to include in an MGD return, where applicable —
a
the name and address of the RP;
b
any registration number allocated by the Commissioners to the RP;
c
the accounting period to which the return relates;
d
the day by which the return must be furnished;
e
the total net takings from dutiable machines games at the standard rate of duty;
f
the total net takings from dutiable machines games at the lower rate of duty;
g
duty due on standard rate MGD net takings;
h
duty due on lower rate MGD net takings;
i
net duty due for the accounting period;
j
any under declared (or undeclared) duty from previous accounting periods;
k
any negative amount of duty from the previous accounting period (provided for in paragraph 10 of the Schedule);
l
any negative amount of duty to carry forward to the next accounting period;
m
net duty payable in respect of the return;
n
number of machines on which machine games were available for play at the end of the accounting period. |
The Greenhouse Gas Emissions Trading Scheme Regulations 2012
Accordingly the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of and Schedule 1 to the 1999 Act and by section 2(2) of the European Communities Act 1972, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 , makes the following Regulations :
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and come into force on 1st January 2013.
Duty to review these Regulations
2
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 Directive , and measures adopted under it by the European Commission, 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 the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Interpretation
3
1
In these Regulations —
“the 2005 Regulations ” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ;
“the 2010 Regulations ” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 ;
“allocation”, in relation to an allowance, means allocation free of charge in accordance with Chapter 1 or 2 of the Directive;
“allowance” —
in this regulation, has the meaning given in Article 3(a) of the Directive, but
otherwise (and subject to regulations 54(7) and 82(1)) means an allowance other than an aviation allowance;
“annual reportable emissions” means the reportable emissions arising in any scheme year;
“authority” means —
in relation to an installation which is (or will be) situated in England or an offshore installation, the Secretary of State;
in relation to an installation, other than an offshore installation, which is (or will be) situated in —
Scotland, the Scottish Ministers;
Wales, the Welsh Ministers;
Northern Ireland, the Department of the Environment;
in relation to a UK administered operator, the authority defined in regulation 20;
in relation to a banned non-UK operator, the Secretary of State;
“aviation activity” means an aviation activity listed in Annex 1 to the Directive;
“aviation allowance” means any allowance allocated in accordance with Article 3e or 3f of the Directive or auctioned in accordance with Article 3d of the Directive;
“aviation emissions” means emissions, arising from an aviation activity, of gases specified in respect of that activity by Annex 1 to the Directive;
“aviation emissions plan” means an emissions plan as defined by regulation 20;
“banned non-UK operator” means a person on whom an operating ban has been imposed under Article 16(10) of the Directive and who is not a UK administered operator;
“bioliquids” has the meaning given in Article 2(h) of the Renewable Energy Directive ;
“cease operation”, in relation to an installation, has the meaning given in paragraph (3);
“chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations ;
“current operator” has the meaning given by regulation 12(1);
“the Directive” means Directive 2003/87/ EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC , as amended from time to time and as adapted by Annex 20 to the EEA agreement ;
“duly made”, in relation to an application, means made in accordance with the requirements of these Regulations;
“emissions” has the meaning given in Article 3(b) of the Directive;
“excluded installation” means an installation the exclusion of which is deemed to be approved by the European Commission under the first sub-paragraph of Article 27(2) of the Directive, unless a notice has been given to the operator under paragraph 8(1) or (4) or paragraph 9(1) of Schedule 5 (in which case the installation ceases to be an excluded installation as from the date specified in the notice);
“excluded installation emissions permit” means a permit —
granted following an application under regulation 10(2), or
which results from a variation under paragraph 2 of Schedule 5;
“fee”, in relation to any matter, means the fee or charge prescribed in respect of that matter by a scheme, or regulations, made under —
regulation 18;
section 41A of the Environment Act 1995 ;
regulation 4 of the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 ; or
Article 127 of the Planning (Northern Ireland) Order 1991 ;
“the Free Allocation Decision ” means Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC ;
“greenhouse gas emissions permit” means a permit granted following an application under —
regulation 10(1); or
regulation 8 of the 2005 Regulations;
“installation” has the meaning given in Article 3(e) of the Directive (and references to an “installation” include a reference to a part of an installation);
“KP registry administrator” has the meaning given by regulation 81(1);
“monitoring and reporting conditions” has the meaning given by paragraph 3(8) of Schedule 5;
“monitoring and reporting requirements” has the meaning given by paragraph 2(3) of Schedule 4;
“the Monitoring and Reporting Regulation ” means Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council , as amended from time to time;
“new operator” has the meaning given by regulation 12(1);
“Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003 ;
“notice of surrender” has the meaning given in regulation 13(7);
“offshore installation” means —
an offshore petroleum installation; or
an offshore storage or unloading installation;
“offshore petroleum installation” means an installation which —
is used for purposes connected with the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998 ); and
is, or will be, situated in the area (together with places above and below it) comprising —
those parts of the sea adjacent to England and Wales from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea apart from those areas comprised in any controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 ; and
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
“the Offshore Regulations ” means the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 ;
“offshore storage or unloading installation” means an installation which —
is used for purposes connected with an activity within section 2(3) or section 17(2) of the Energy Act 2008 ; and
is, or will be, situated in the area (together with places above and below it) comprising —
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea, other than the territorial sea adjacent to Scotland or Wales; and
those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of that Act );
“operator”, in relation to an installation, has the meaning given in paragraph (2) (and “operate” has the corresponding meaning);
“partial transfer” has the meaning given by regulation 12(2);
“permit” (except in paragraph 1(2)(b) of Schedule 4 and paragraph 7(12) of Schedule 6) means —
a greenhouse gas emissions permit; or
an excluded installation emissions permit;
“the Planning Appeals Commission” means the Planning Appeals Commission established under article 110 of the Planning (Northern Ireland) Order 1991 ;
“prescribed” (in relation to a fee) means specified in, or determined under, the scheme or regulations in question;
“the Registries Regulation 2010 ” means Commission Regulation (EU) No 920/2010 of 7 October 2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council ;
“the Registries Regulation 2011 ” means Commission Regulation (EU) No 1193/2011 of 18 November 2011 establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council and amending Commission Regulations (EC) No 2216/2004 and (EU) No 920/2010 , as amended from time to time;
“registry administrator” has the meaning given by regulation 8(1);
“registry account” means an operator holding account or an aircraft operator holding account in the Union Registry (and “open”, “blocked” or “excluded” status, in relation to such an account, have the meanings given by Article 9 of the Registries Regulation 2011);
“regulated activity” means an activity (other than an aviation activity) that —
is listed in Annex 1 to the Directive, and
results in specified emissions;
“regulator” means, in relation to —
an installation (other than an offshore installation) which is, or will be, situated in —
England and Wales, the Environment Agency;
Scotland, SEPA ;
Northern Ireland, the chief inspector;
an offshore installation, the Secretary of State;
a UK administered operator, the regulator specified in regulations 27 to 29;
a banned non-UK operator, the Environment Agency;
“the Renewable Energy Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC , as amended from time to time;
“reportable emissions” means —
in relation to an installation, the total specified emissions (expressed in tonnes of carbon dioxide equivalent) which arise from the regulated activities carried out at that installation; or
in relation to a UK aircraft operator, the total aviation emissions of that aircraft operator (expressed in tonnes of carbon dioxide equivalent);
“revocation notice” has the meaning given by regulation 14(1);
“scheme year” means the year beginning with 1st January 2013 or any subsequent calendar year;
“SEPA” means the Scottish Environment Protection Agency;
“specified emissions”, in relation to an activity listed in Annex 1 to the Directive, means emissions of gases specified in Annex 1 in respect of that activity;
“sub-installation” has the meaning given by Article 3(b), (c), (d) and (h) and Article 6 of the Free Allocation Decision;
“surrender requirements” has the meaning given by paragraph 2(4) of Schedule 4;
“tonne of carbon dioxide equivalent” has the meaning given in Article 3(j) of the Directive;
“trading period” means one of the following eight-year periods —
2013 to 2020; and
subsequent consecutive periods of eight calendar years;
“UK administered operator” has the meaning given in regulation 20;
“UK aircraft operator” has the meaning given by regulation 26;
“the Union Registry” means the registry established by Article 4 of the Registries Regulation 2011;
“the UK Registry” means the registry operated by the Environment Agency for the purposes specified in Article 3(1) of the Registries Regulation 2010 immediately before the coming into force of these Regulations;
“variation”, in relation to a permit or a plan, means the amendment of its provisions (and “vary” has the corresponding meaning);
“the Verification Regulation ” means Commission Regulation (EU) No 600/2012 of 21 June 2012 on the verification of greenhouse gas emission reports and tonne-kilometre reports and the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council , as amended from time to time;
“working day” means any day other than —
a Saturday, Sunday, Good Friday, or Christmas Day; or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ;
“written procedures” means the written procedures required by Article 11(1) of the Monitoring and Reporting Regulation.
2
The “operator” of an installation is the person who has control over its operation; but where —
a
an installation has not been put into operation, the operator is the person who will have control over the operation of the installation when it is put into operation;
b
an installation has ceased operation, the operator is the person who holds the permit relating to the installation; and
c
the holder of a permit has ceased to have control of the installation to which it relates, the operator is that permit holder.
3
An installation ceases operation where —
a
the conditions in paragraph 7(1)(b) or (c) of Schedule 6 apply in relation to that installation; or
b
the installation is a relevant installation, and has permanently ceased the carrying out of regulated activities for the purposes of paragraph 7 of that Schedule.
4
For the purposes of paragraph (3), a relevant installation is any installation other than —
a
an excluded installation; or
b
an installation that, by virtue of Article 10a(3) of the Directive, is not eligible for an allocation.
5
References in these Regulations to anything taking effect (or ceasing to have effect) on a particular date are to be read as references to it taking effect (or ceasing to have effect) as from the beginning of that date.
Application to the Crown etc.
4
Schedule 1 (application to the Crown etc.) has effect.
Notices etc.
5
Schedule 2 (notices etc.) has effect.
Applications etc.
6
Schedule 3 (applications etc.) has effect.
Functions of the regulator: Northern Ireland
7
1
Regulation 8(4) of the Northern Ireland Regulations (delegation of functions) has effect as if the reference to the chief inspector’s functions included a reference to the chief inspector’s functions under these Regulations.
2
Regulation 37(1) of the Northern Ireland Regulations (power of the Department to give directions) has effect as if the reference to functions under those Regulations included a reference to functions under these Regulations.
3
Any direction of the Department of the Environment that is given by virtue of paragraph (2) must be published in such manner as the Department of the Environment considers appropriate.
Commission Regulations: designations
8
1
The Environment Agency is the national administrator designated by the United Kingdom for the purposes of the Registries Regulation 2011, and in these Regulations is referred to in that capacity as the “registry administrator”.
2
Subject to paragraph (3), the regulator is the competent authority designated by the United Kingdom for the purposes of the Registries Regulation 2010.
3
The Secretary of State is the competent authority so designated for the purposes of —
a
Article 26(2);
b
Article 27(6),
c
Article 28(1); and
d
Article 64a(1).
4
Subject to paragraph (5), the regulator is the competent authority designated by the United Kingdom for the purposes of the Registries Regulation 2011 (other than Articles 23(3) and 31(6)).
5
The Secretary of State is the competent authority so designated for the purposes of —
a
Article 17;
b
Article 29(2);
c
Article 30(1);
d
Article 31(7); and
e
Article 71(1).
6
Subject to paragraph (7), the regulator is the competent authority designated by the United Kingdom for the purposes of the Monitoring and Reporting Regulation.
7
The Secretary of State is the competent authority so designated for the purposes of Article 68(3).
8
Subject to paragraph (9), the regulator is the competent authority designated by the United Kingdom for the purposes of the Verification Regulation.
9
The Secretary of State is the competent authority so designated for the purposes of Article 64(3), and is designated as the focal point authorised by the United Kingdom for the purposes of Article 69(2).
PART 2 Stationary installations
CHAPTER 1
Permits
Requirement for permit to carry out regulated activities
9
No person may carry out a regulated activity at an installation except to the extent authorised by a permit held by the operator of the installation.
Applications for and grant of permits
10
1
The operator of an installation (other than an excluded installation) may apply to the regulator for a greenhouse gas emissions permit to carry out a regulated activity at the installation.
2
The operator of an excluded installation may apply to the regulator for an excluded installation emissions permit to carry out a regulated activity at the installation.
3
However, an application may not be made —
a
under paragraph (1) or (2) where a permit has already been granted in respect of the installation and continues to have effect; or
b
under paragraph (2) where an excluded installation emissions permit has been granted in respect of the installation and has been surrendered or revoked.
4
Following an application under paragraph (1) or (2), the permit must be granted if the regulator is satisfied that —
a
the application is duly made, and
b
at the time that the permit is granted (or, if later, has effect) the applicant will be capable of monitoring and reporting emissions from the installation in accordance with —
i
the monitoring and reporting requirements of the greenhouse gas emissions permit, or
ii
the monitoring and reporting conditions of the excluded installations permit,
but must otherwise be refused.
5
A permit may be granted under this regulation in respect of more than one installation on the same site, provided that they are operated by the same operator.
6
Paragraph 1 of Schedule 4 makes further provision about applications for permits.
7
Paragraph 2 of Schedule 4 makes provision about the contents of greenhouse gas emissions permits, and paragraph 3 of Schedule 5 makes provision about the contents of excluded installation emissions permits.
Review, variation and consolidation of permits
11
1
The regulator must review a permit before the end of the period of five years beginning with the date on which the permit was granted, and afterwards at intervals not exceeding five years.
2
The regulator may, by giving notice to the operator, vary a permit at any time and may in particular make any variation of the permit that the regulator considers necessary in consequence of —
a
a review under paragraph (1);
b
any report made by the operator under Article 69 of the Monitoring and Reporting Regulation; or
c
any notification as mentioned in paragraph 2(7)(b) of Schedule 4 (notification of planned changes in operation etc ).
3
The regulator may by giving notice to the operator vary a permit where the operator —
a
applies to the regulator for such a variation pursuant to a provision of the permit; or
b
has failed to comply with a requirement of the permit to apply for such a variation.
4
The regulator may by giving notice to the operator vary a permit in order to comply with regulator’s duty under —
a
regulation 88(6); or
b
any of the following provisions of Schedule 5 —
i
paragraph 2(1);
ii
paragraph 3(3);
iii
paragraph 6(5) or (6);
iv
paragraph 7(4)(b), (6)(b) or (7)(b);
v
paragraph 8(6).
5
A notice given under paragraph (2), (3)(b) or (4) may specify a period within which a fee for the variation of the permit must be paid.
6
The regulator may by giving notice to the operator replace a permit with a consolidated permit applying to the same regulated activities, and containing the same or equivalent provisions, in the following circumstances —
a
where the permit has been varied;
b
where there is more than one permit applying to installations on the same site operated by the same operator.
Transfer of permits
12
1
Subject to paragraph (6), the holder of a permit (“the current operator”) and another person may jointly apply to the regulator for the permit to be transferred to that other person (“the new operator”).
2
An application may also be made under paragraph (1) for the partial transfer of a permit; and for that purpose a “partial transfer” is a transfer in respect of —
a
some only of the installations to which the permit relates; or
b
some only of the parts of an installation to which the permit relates.
3
Paragraph 3 of Schedule 4 makes further provision about the transfer, or partial transfer, of a permit.
4
Subject to paragraph 3(2)(b) of Schedule 4, an application under paragraph (1) must be granted if the regulator is satisfied that —
a
the application is duly made, and
b
the new operator will (from the relevant date) be the operator of the installation and will be capable of monitoring and reporting emissions from the installation in accordance with —
i
the monitoring and reporting requirements of the greenhouse gas emissions permit, or
ii
the monitoring and reporting conditions of the excluded installations emissions permit,
but must otherwise be refused.
5
For the purposes of paragraph (4), the relevant date is the date mentioned in paragraph 3(6), (8) or (10) of Schedule 4 as the case may be.
6
An application for the transfer (or partial transfer) of a permit may not be made in respect of any installation (or part of an installation) that has ceased operation.
Surrender of permits
13
1
Subject to paragraph (4), if an installation has ceased operation the operator must apply to the regulator to surrender the permit authorising regulated activities at the installation.
2
Such an application must be made within the period specified by paragraph (3), or such longer period as may be agreed with the regulator.
3
The period specified is, in the case of an installation that has ceased operation by virtue of meeting the condition in —
a
paragraph 7(1)(b) or (c) of Schedule 6, one month beginning with the date on which the installation ceased operation;
b
paragraph 7(1)(d) of Schedule 6, one month following the end of the relevant period (as defined by paragraph 7(5) of that Schedule).
4
The application need not be made where —
a
the permit authorises regulated activities at more than one installation, some of which have not ceased operation; and
b
by the end of the period mentioned in paragraph (2), the operator has applied to vary that permit so that it no longer applies to any of those installations that have ceased operation.
5
Where the carrying out of regulated activities at an installation mentioned in paragraph (6) has been suspended, but the installation has not ceased operation, the operator may at any time make an application under paragraph (1) but is not obliged to do so.
6
Those installations are —
a
an excluded installation; or
b
an installation that, by virtue of Article 10a(3) of the Directive, is not eligible for an allocation.
7
If the application under paragraph (1) is granted, the notice of determination given to the operator (“notice of surrender”) takes effect on the date specified in the notice.
8
Paragraph 4 of Schedule 4 makes further provision about the surrender of permits.
Revocation of permits
14
1
The regulator —
a
may at any time revoke a permit by serving on the operator a notice to that effect (a “revocation notice”), and in particular may do so if the operator has failed to pay a fee for the subsistence of the permit; and
b
must do so where the regulator becomes aware that the operator has failed to comply with regulation 13(1) to (3).
2
A revocation notice takes effect —
a
28 days after the date on which it is served; or
b
if a later date is specified in the notice, on that date.
3
Paragraph 5 of Schedule 4 makes further provision about the revocation of permits.
CHAPTER 2
Excluded installations: further provision
Excluded installations
15
1
Schedule 5 makes further provision about excluded installations.
2
Subject to paragraphs (3) and (4), and unless a contrary intention appears, these Regulations apply to an excluded installation as they apply to an installation that is not an excluded installation.
3
The following provisions do not so apply —
a
regulation 12(2);
b
Chapter 3 of this Part and Schedule 6.
4
The following provisions so apply —
a
paragraph 4 of Schedule 4, but as if —
i
any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the excluded installation emissions permit; and
ii
sub-paragraph (1)(c) and sub-paragraphs (2)(b)(ii), (3), (4) and (6) to (8) were omitted;
b
paragraph 5 of Schedule 4, but as if —
i
any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the excluded installation emissions permit; and
ii
sub-paragraph (1)(c) and sub-paragraphs (3)(b)(ii), (4), (5) and (7) to (9) were omitted.
CHAPTER 3
Allocation of allowances
Allocation of allowances for 2013 to 2020
16
1
In this regulation the “allocated amount”, in relation to an installation, means the annual amount of allowances to be allocated to that installation for each scheme year in the trading period 2013 to 2020.
2
Subject to paragraph (5), the allocated amount is the amount specified in the list that was submitted to the European Commission on 12th December 2011 in accordance with Article 15(5) of the Free Allocation Decision, as substituted by the modified list submitted in April 2012 following the first stage of the Commission’s scrutiny process .
3
Schedule 6 sets out procedures for the allocation of allowances to new entrants to the scheme, and for the adjustment of existing allocations.
4
The Secretary of State must make any revisions to that list that become necessary in consequence of —
a
the procedures set out in Schedule 6;
b
the application of the linear reduction factor referred to in Article 9 of the Directive; or
c
any other adjustment required by the European Commission in accordance with the Directive or the Free Allocation Decision.
5
Following such a revision the allocated amount is the amount specified in the list as so revised.
6
The Secretary of State must by 30th April in each scheme year publish the latest version of the list as so revised.
7
Paragraph (6) is subject to regulation 47 (national security).
CHAPTER 4
Offshore installations
Powers of entry
17
1
The Secretary of State may authorise in writing any person who appears suitable to the Secretary of State to exercise, in accordance with the terms of that authorisation, any of the powers specified in paragraph (2) in respect of offshore installations for the purposes of —
a
determining whether the requirements, restrictions or prohibitions imposed under or by virtue of these Regulations are being, or have been, complied with;
b
discharging one or more of the functions conferred or imposed upon the Secretary of State under or by virtue of these Regulations; or
c
determining whether and, if so, how such a function should be discharged.
2
The powers exercisable under paragraph (1) are the powers in sub-paragraphs (a) to (k) of regulation 13(2) of the Offshore Regulations (but subject to paragraphs (3) to (4) of that regulation ).
3
Regulation 18(1)(h) of the Offshore Regulations applies to a failure to comply with an obligation imposed pursuant to a power exercisable under paragraph (1) as it applies to a failure to comply with an obligation imposed pursuant to regulation 13(2) of the Offshore Regulations.
Charging schemes
18
1
The Secretary of State may make, and from time to time revise, a scheme prescribing charges in relation to offshore installations in respect of the matters to which paragraph (2) applies.
2
This paragraph applies to —
a
the performance by the Secretary of State of functions conferred under or by virtue of these Regulations, as regulator in relation to offshore installations; and
b
the subsistence of an account required to be held in a trading scheme registry by the operator of an offshore installation.
3
In this regulation, “trading scheme registry” has the meaning given by section 41A(7) of the Environment Act 1995 .
4
The charges prescribed by a scheme under paragraph (1) must be paid to the Secretary of State.
Charging schemes: supplementary
19
1
On making, or revising, a scheme the Secretary of State must lay before each House of Parliament a copy of (as the case may be) —
a
the scheme; or
b
the revisions made to the scheme (or the scheme as so revised).
2
A scheme may, in particular —
a
make different provision for different cases, including different provision in relation to different persons in different circumstances or localities;
b
allow for reduced charges payable in respect of permits granted to the same operator;
c
provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to any requirements in these Regulations as to times at which payment is required); and
d
make such incidental, supplementary and transitional provisions as appear to the Secretary of State to be appropriate.
3
The Secretary of State must take such steps as the Secretary of State considers appropriate for bringing the provisions of a scheme which is for the time being in force to the attention of persons likely to be affected by it.
4
In this regulation, “scheme” means a scheme made under regulation 18(1).
PART 3 Aviation
CHAPTER 1
General
Interpretation
20
In this Part (and in Schedules 7 to 10) —
“the 2009 Regulations ” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 ;
“area”, in relation to a regulator, means —
in respect of the Environment Agency, England and Wales;
in respect of SEPA, Scotland;
in respect of the chief inspector, Northern Ireland;
“authority”, in relation to a UK administered operator (“P”) means —
the Welsh Ministers, where —
P’s regulator is the Environment Agency; and
P’s registered office is in Wales;
the Scottish Ministers, where P’s regulator is SEPA;
the Department of the Environment in Northern Ireland, where P’s regulator is the chief inspector;
otherwise, the Secretary of State;
“benchmarking plan” has the meaning given by paragraph 2 of Schedule 7;
“benchmarking year”, in relation to a trading period, means the calendar year ending 24 months before the beginning of the period;
“Commission list” means the list of operators set out in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator , as amended from time to time;
“emissions plan” means a plan issued under —
regulation 34(1)(a);
regulation 19(1)(a) of the 2010 Regulations; or
regulation 15(1)(a) of the 2009 Regulations;
“member State” includes an EEA state;
“registered office” (except in Schedule 9) means the registered office in the United Kingdom that a company is required to have under section 86 of the Companies Act 2006 ;
“tonne-kilometre” and “tonne-kilometre data” have the same meaning as in the Monitoring and Reporting Regulation;
“UK administered operator” means (subject to regulations 22 to 25) a person who is —
identified in the Commission list, and
specified in that list as an aircraft operator to be administered by the United Kingdom;
“unlisted operator” means a person who is —
not identified in the Commission list, and
the user or owner of an aircraft used to perform an aviation activity.
Civil Aviation Authority
21
1
The Civil Aviation Authority must provide such assistance and advice as the regulator may require in connection with any of the regulator’s functions under this Part (including Schedules 7 to 10) or under regulation 44.
2
The Civil Aviation Authority is entitled to recover from the regulator a sum equal to any expense reasonably incurred by it in providing the regulator with assistance or advice under paragraph (1).
CHAPTER 2
UK administered operators, UK aircraft operators and regulators
UK administered operators: power to designate
22
1
This paragraph applies where the Secretary of State is satisfied that, under Article 18a(1) of the Directive, the United Kingdom is to be regarded as the administering member State in respect of an unlisted operator (“P”).
2
Where paragraph (1) applies the Secretary of State must —
a
designate P as an operator to whom these Regulations apply; and
b
give notice to P of that designation.
3
From the date of service of the notice under paragraph (2), P is to be treated as a UK administered operator for the purposes of these Regulations.
4
Before making a designation under paragraph (2), the Secretary of State must consult —
a
P;
b
the relevant regulator;
c
the relevant authority; and
d
such other persons as the Secretary of State considers appropriate.
5
For the purposes of paragraph (4) —
a
the relevant regulator is the person who will be the regulator of P if the designation is made; and
b
the relevant authority is a person (other than the Secretary of State) who will then be the authority in relation to P.
6
A designation under paragraph (2) —
a
must (subject to paragraph (7)) be revoked by the Secretary of State if paragraph (1) no longer applies in relation to P, and
b
ceases to have effect once P is identified in the Commission list,
but this is without prejudice to any specification of P in that list as an aircraft operator to be administered by the United Kingdom.
7
A designation may not be revoked solely because P has ceased to perform an aviation activity.
8
Paragraphs (2)(b), (3) and (4) apply to the revocation of a designation as they apply to the designation itself, except that the reference in paragraph (3) to being treated as a UK administered operator is to be read (subject to the proviso in paragraph (6)) as a reference to no longer being so treated.
Application to be designated as a UK administered operator
23
1
An unlisted operator (“Q”) may apply to the Secretary of State to be designated as a UK administered operator.
2
Where such an application is made the Secretary of State must, after consulting the relevant persons —
a
designate Q in accordance with regulation 22(1) and (2); or
b
refuse the application.
3
For the purposes of paragraph (2) the relevant persons are —
a
the person who will be the regulator of Q if the designation is made;
b
a person (other than the Secretary of State) who will then be the authority in relation to Q; and
c
such other persons as the Secretary of State considers appropriate.
4
An application under this regulation must be accompanied by evidence that the United Kingdom is to be regarded as the administering member State in respect of Q.
Transfers of operators between member States
24
1
This regulation applies where a person (a “transferred operator”) —
a
was a non-UK operator at the beginning of a scheme year but, in the course of that year, ceased to be a non-UK operator and became a UK administered operator, or
b
was a UK administered operator at the beginning of a scheme year but, in the course of that year, ceased to be a UK administered operator and became a non-UK operator.
2
For those purposes, “non-UK operator” means a person who is —
a
identified in the Commission list, and
b
specified in that list as an aircraft operator to be administered by a member State other than the United Kingdom (“the other State”).
3
Subject to paragraphs (4) and (5), a regulator (“R”) in performing any of R’s functions under these Regulations may (if it appears to R appropriate to do so) treat the transferred operator —
a
as a person who, for the whole of that scheme year, is not a UK administered operator, or
b
as a person who is a UK administered operator for the whole of that scheme year.
4
R may not so treat a transferred operator unless R has —
a
consulted the other State and the transferred operator, and
b
given both of them notice of that decision.
5
R may not treat the transferred operator as a UK administered operator under paragraph (3)(b) for the purposes of imposing a civil penalty in respect of any failure to comply with these Regulations that occurred —
a
while the transferred operator was still a non-UK operator, or
b
after the transferred operator became a non-UK operator.
Gibraltar operators
25
1
This paragraph applies where —
a
a person (“P”) is specified in the Commission list as an aircraft operator to be administered by the United Kingdom;
b
the Commission list identifies P’s State as “Gibraltar (UK)”; and
c
the Secretary of State is satisfied that P is regulated for the purposes of the Directive under legislation implementing the Directive that is applicable in Gibraltar.
2
Where paragraph (1) applies, the Secretary of State —
a
may designate P as a Gibraltar operator, and
b
must in that case give notice to P of the designation.
3
From the date of service of the notice under paragraph (2), P is to be treated for the purposes of these Regulations as a person who is not a UK administered operator.
4
Where regulation (1)(b) or (c) no longer applies in relation to P, the Secretary of State may revoke P’s designation; and in that case —
a
the Secretary of State must give notice to P of the revocation, and
b
from the date following the date of service of that notice (and for as long as paragraph (1)(a) continues to apply in relation to P) P is to be treated as a UK administered operator for the purposes of these Regulations.
5
Before making a designation under paragraph (2), the Secretary of State must consult —
a
P;
b
the regulator of P;
c
a person (other than the Secretary of State) who is the authority in relation to P; and
d
the Government of Gibraltar.
6
Before revoking a designation under paragraph (4), the Secretary of State must consult —
a
P;
b
the person who will be the regulator of P if the revocation is made;
c
a person (other than the Secretary of State) who will then be the authority in relation to P; and
d
the Government of Gibraltar.
UK aircraft operators
26
1
A person (“P”) is a UK aircraft operator in relation to a scheme year where, in respect of that year, P —
a
is a UK administered operator; and
b
performs an aviation activity (or is deemed to perform an aviation activity in accordance with paragraph (5)).
2
Where the regulator cannot identify the person that performed an aviation activity the regulator may, where the owner of the aircraft at the time it was used to perform the activity (“the owner”) is a UK administered operator or an unlisted operator, serve a notice on the owner.
3
A notice under paragraph (2) must —
a
where this information is available to the regulator, specify the dates, times and locations of the activity;
b
be accompanied by such evidence relevant to the activity as the regulator considers appropriate; and
c
require the owner to inform the regulator of the identity of the person who performed the activity, by the deadline specified in the notice.
4
The regulator may extend the deadline specified in a notice under paragraph (2).
5
Where the owner does not comply with a notice under paragraph (2) by the deadline as so specified or extended, the owner is on the expiry of that deadline deemed to be the person that performed the aviation activity.
Regulators: general
27
Subject to regulations 28 and 29, the regulator of a UK administered operator (“P”) is —
a
the Environment Agency, where —
i
P has its registered office in England or Wales; or
ii
P does not have a registered office;
b
SEPA, where P has its registered office in Scotland;
c
the chief inspector, where P has its registered office in Northern Ireland.
Regulators: assessment of emissions
28
1
Where —
a
a UK aircraft operator (“A”) does not have a registered office, and
b
the regulator (“B”) is in possession of the necessary data,
B must by 1st September in the final year of each trading period make an assessment in accordance with paragraph (2).
2
The assessment must —
a
determine whether the highest percentage of A’s aviation emissions is attributable to the area of a different regulator (“C”); and
b
in doing so take into account data from the two scheme years preceding the year in which the assessment is made (if received by B before the date that it is made).
3
Where that assessment shows that the highest percentage of emissions is attributable to the area of C, B must give notice to A and C by 21st December in the final year of the trading period.
4
Where —
a
B has given notice under paragraph (3), and
b
the regulator for the trading period following that notice is not determined under regulation 29,
C is the regulator of A from the beginning of that trading period.
Regulators: change in registered office
29
1
This paragraph applies where a UK administered operator (“A”) with a registered office in the area of one regulator changes, in the course of a trading period, the address of its registered office to the area of a different regulator (“R”).
2
Where paragraph (1) applies, R is the regulator of A from the beginning of the next trading period.
3
Where —
a
a UK administered operator (“B”) which did not have a registered office at the beginning of a trading period acquires a registered office in the course of that period, and
b
that registered office is in the area of a regulator (“S”) who is not the regulator of B in that trading period,
S is the regulator of B from the beginning of the next trading period.
CHAPTER 3
Allocation of aviation allowances
Allocation of aviation allowances
30
The following Schedules have effect —
a
Schedule 7 (allocation of aviation allowances);
b
Schedule 8 (allocation of aviation allowances from the special reserve).
CHAPTER 4
Monitoring and reporting aviation emissions
Interpretation
31
In this Chapter, any reference to a numbered Article is to that Article of the Monitoring and Reporting Regulation.
Application for an emissions plan by a UK administered operator
32
1
Subject to paragraphs (3), (4) and (6), a UK administered operator (“A”) must apply to the regulator for a monitoring plan in accordance with Article 51(1).
2
That application must contain a plan to monitor A’s aviation emissions (together with supporting documents) submitted under Article 12(1).
3
If A has previously been issued with an emissions plan —
a
an application under paragraph (1) may not be made without the agreement of the regulator; and
b
any plan issued under regulation 34(1)(a) replaces the plan that has previously been issued.
4
Where an application is made by virtue of the second or third sub-paragraphs of Article 51(1), the application must include a satisfactory explanation of why it could not have been made earlier.
5
Without prejudice to paragraph (1), a UK administered operator who has not previously been issued with an emissions plan may make an application in accordance with paragraph (2) at any time.
6
If A is a transferred operator within regulation 24(1)(a), and has previously applied to another member State for a monitoring plan in accordance with Article 51(1) —
a
this regulation applies to A as it applies to a UK administered operator who is not a transferred operator; but
b
the application to the regulator may be made within the period of 8 weeks beginning with the date on which A became a UK administered operator.
Requirement to notify the regulator if an emissions plan is not applied for
33
1
Without prejudice to regulation 32(1), a person (“B”) who becomes a UK administered operator after 31st December 2012 must by the relevant date —
a
apply to the regulator in accordance with regulation 32, or
b
notify the regulator in accordance with paragraph (2).
2
The notification must state that B does not expect to commence an aviation activity within the four-month period beginning with the relevant date.
3
For the purposes of this regulation, “the relevant date” is the last day of the period of 12 weeks beginning with the date on which B became a UK administered operator.
Issue of an emissions plan
34
1
Where a UK administered operator (“A”) has made an application under regulation 32 the regulator must, by the notice of determination of the application —
a
issue to A a plan setting out how A’s aviation emissions must be monitored; or
b
where paragraph (2) applies, refuse the application.
2
This paragraph applies where —
a
the regulator is not satisfied that the plan proposed in the application complies with the Monitoring and Reporting Regulation; and
b
A has not agreed to amendments of the plan that so satisfy the regulator.
3
A plan issued under paragraph (1)(a) must contain —
a
the provisions of the plan as proposed in the application, or with amendments as mentioned in paragraph (2)(b); and
b
any conditions included pursuant to regulation 36(1).
4
Where the application is refused —
a
the regulator must state in the notice under paragraph (1)(b) what changes must be made to the application if a plan is to be issued; and
b
A must (or, in the case of an application under regulation 32(5), may) resubmit the amended application within the period of 31 days beginning with the date of service of that notice.
5
This regulation applies to the resubmission of an application as it applies to the original application, but for that purpose the references to the period of two months in paragraph 2(1)(a) and (2)(b) of Schedule 3 are to be read as a reference to a period of 24 days.
Monitoring and reporting emissions
35
1
Once a UK administered operator (“A”) has been issued with an emissions plan, A must monitor aviation emissions for each scheme year in which A is a UK aircraft operator.
2
Monitoring under paragraph (1) must be carried out in accordance with —
a
the Monitoring and Reporting Regulation; and
b
A’s emissions plan (including the written procedures supplementing that plan).
3
A must prepare a verified report of aviation emissions, for the whole of each such scheme year, in accordance with the Monitoring and Reporting Regulation and the Verification Regulation.
4
The report prepared under paragraph (3) must be submitted to the regulator by 31st March in the year following that scheme year.
Emissions plan conditions
36
1
Each regulator (“R”) must ensure that the emissions plan of a UK administered operator (“A”) for which R is the regulator includes any conditions that R from time to time considers necessary to give proper effect to —
a
the Monitoring and Reporting Regulation; and
b
the Verification Regulation.
2
A must comply with any condition included in A’s emissions plan.
Variation of an emissions plan
37
1
The regulator may, by giving notice to a UK administered operator (“A”), make any variation of A’s emissions plan that the regulator considers necessary in consequence of a report made by A under Article 69.
2
The regulator may, by giving notice to A, vary A’s emissions plan where —
a
A applies to the regulator for an amendment to the emissions plan, pursuant to a condition of the plan; or
b
A has failed to comply with a requirement in the emissions plan to apply for such an amendment.
3
The regulator may, by giving notice to a UK administered operator, vary an emissions plan in order to comply with the regulator’s duty under regulation 36(1) or 89(4).
4
A notice given under paragraph (1), (2)(b) or (3) may specify a period within which a fee for the variation of the emissions plan must be paid.
Variation of a benchmarking plan
38
The regulator may, by giving notice to a UK administered operator (“B”), vary B’s benchmarking plan where B applies to the regulator under paragraph 4(1) of Schedule 7 or paragraph 4(1) of Schedule 8.
CHAPTER 5
Sanctions (other than civil penalties)
Detention and sale of aircraft
39
1
Where a person (“P”) is —
a
a UK administered operator who has not paid a civil penalty within the period of 6 months beginning with the date by which it is due, or
b
the subject of an operating ban imposed under Article 16(10) of the Directive,
the regulator may detain a relevant aircraft.
2
For the purposes of paragraph (1) —
a
a “civil penalty” is any penalty imposed —
i
under Part 7; or
ii
under the 2010 Regulations in respect of a failure to comply with those Regulations on or after 1st January 2012; and
b
a “relevant aircraft” is any aircraft of which the regulator has reason to believe that P is the operator.
3
Schedule 9 makes further provision about the detention of aircraft under this regulation, and about the sale of aircraft following such detention.
4
For the purposes of paragraph (2), and of Schedules 9 and 10, the operator of an aircraft is the person using the aircraft to perform an aviation activity (and “operate” has the corresponding meaning).
Aircraft operating bans
40
Schedule 10 has effect in relation to —
a
requests to the European Commission made by the Secretary of State under Article 16(5) of the Directive for the imposition of an operating ban on a UK administered operator; and
b
the enforcement of any operating ban imposed under Article 16(10) of the Directive.
PART 4 Surrender of allowances
Surrender of allowances: operators of installations
41
For each scheme year, the operator of an installation must surrender allowances in accordance with the surrender requirements of the permit for the installation.
Surrender of allowances: UK aircraft operators
42
1
For each scheme year a UK aircraft operator (“P”) must, by the following 30th April, surrender a number of allowances or aviation allowances equal to P’s annual reportable emissions in that scheme year.
2
For the purposes of the requirement in paragraph (1) the amount of the annual reportable emissions in a recovery year is deemed to be increased by an amount equal to the amount of annual reportable emissions, arising in the non-compliance year, in respect of which P failed to comply with that requirement.
3
For the purposes of paragraph (2) —
a
a “non-compliance year” is any scheme year for which P fails to comply with the requirement in paragraph (1); and
b
the “recovery year” is —
i
the scheme year following the non-compliance year; or
ii
where the non-compliance results from an error in the verified emissions report submitted by P, the scheme year in which the error is discovered.
PART 5 Enforcement etc.
Enforcement notices
43
1
Where the regulator considers that a person (“P”) has contravened, is contravening, or is likely to contravene a relevant provision, the regulator may serve a notice (“enforcement notice”) on P.
2
For the purpose of paragraph (1), a “relevant provision” is any provision of —
a
these Regulations;
b
the Monitoring and Reporting Regulation;
c
a permit; or
d
an aviation emissions plan.
3
An enforcement notice must —
a
state the regulator’s view under paragraph (1);
b
specify the matters constituting the contravention or making a contravention likely;
c
specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur; and
d
specify the period within which those steps must be taken.
4
P must comply with the requirements of the notice within the period so specified.
5
The regulator may withdraw an enforcement notice at any time by further notice served on P.
Power to determine reportable emissions
44
1
A power of the regulator to make a conservative estimate of emissions in accordance with Article 70 of the Monitoring and Reporting Regulation (a “determination of emissions”) may also be exercised where —
a
an operator fails to comply with the requirement to submit —
i
a surrender report in accordance with paragraph 4(1)(a) and (b) of Schedule 4; or
ii
a revocation report in accordance with paragraph 5(1)(a) and (b) of Schedule 4;
b
an operator has failed to satisfy the regulator as required pursuant to paragraph 2(3)(c) of Schedule 4 or paragraph 3(8)(c) of Schedule 5;
c
a request has been made under regulation 54(5)(b); or
d
the regulator considers that such a determination is necessary for the purpose of imposing, or considering whether to impose, a penalty under Part 7.
2
In the case referred to in paragraph (1)(b), in making the determination the regulator may substitute an emissions factor of greater than zero for the factor reported in respect of the bioliquids concerned.
3
The regulator may make a determination of emissions where —
a
the operator has failed to submit a report as required pursuant to paragraph 3(8)(b) of Schedule 5; or
b
the regulator has reason to believe that the report submitted is incorrect.
4
A determination of emissions —
a
must be notified to the operator or UK aircraft operator concerned; and
b
is to be treated as determining all of the reportable emissions from the installation (or of the UK aircraft operator) for the period to which the determination relates.
5
A notice under paragraph (4) —
a
except where it relates to an excluded installation, must be served on the registry administrator (and is in that case to be regarded as an instruction to the registry administrator for the purposes of Article 32(6) of the Registries Regulation 2011); and
b
must, where required by Article 70(2) of the Monitoring and Reporting Regulation, specify the corrections that are required to the verified report mentioned in regulation 35(3) or in paragraph 2(3)(b) of Schedule 4.
6
A regulator who makes a determination of emissions under the Monitoring and Reporting Regulation, or by virtue of this regulation, may recover the cost of doing so from the operator or UK aircraft operator concerned.
PART 6 Information
Provision of information
45
1
An authority or the Secretary of State may, by notice served on a regulator (“R”), require R to furnish such information about the discharge of R’s functions as the authority or the Secretary of State may require.
2
For the purposes mentioned in paragraph (4), an authority, the Secretary of State, the registry administrator, the KP registry administrator or a regulator (a “relevant body”) may, by notice served on any person, require that person (“P”) to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.
3
The information which P may be required to furnish by a notice under paragraph (2) includes information, which, although it is not in P’s possession or would not otherwise come into P’s possession, is information which it is reasonable to require P to compile for the purpose of complying with the notice.
4
The purposes referred to in paragraph (2) are —
a
the discharge of the relevant body’s functions; and
b
applying, seeking to apply, or assessing whether to seek to apply emission allowance trading to activities or greenhouse gases which are not listed in Annex 1 to the Directive, in accordance with Article 24 of the Directive.
5
Where the Secretary of State is entitled to serve a notice on a person under paragraph (2) —
a
in relation to England and Wales, the regulator, and
b
in relation to Scotland and Northern Ireland, the regulator or the Environment Agency,
may serve that notice for the purpose of assisting the Secretary of State.
6
In this regulation, “functions” means functions under or by virtue of —
a
these Regulations;
b
the Monitoring and Reporting Regulation;
c
the Verification Regulation;
d
the Registries Regulation 2010; or
e
the Registries Regulation 2011.
Disclosure of information
46
1
Subject to paragraph (2) a relevant body (within the meaning of regulation 45(2)) must not disclose or publish any information provided to the relevant body under these Regulations except where —
a
disclosure or publication is —
i
required in these Regulations or otherwise by law;
ii
necessary for the performance of the relevant body’s functions (as defined by regulation 45(6)); or
iii
made with the consent of the person by or on behalf of whom the information was provided; or
b
disclosure is between one relevant body and another.
2
The Secretary of State may use any information held or obtained for the purposes of these Regulations, and may share such information with other government bodies, for the purpose of preparing and publishing national energy and emissions statistics, including the preparation and publication of a national inventory.
3
For the purpose of paragraph (2), “national inventory” means the estimation, under Article 4(1)(a) of the United Nations Framework Convention on Climate Change , of anthropogenic emissions of greenhouse gases by sources and removals of all greenhouse gases by sinks not controlled by the Montreal Protocol.
National security
47
1
No information may be published —
a
by the Secretary of State under regulation 16(6), paragraph 8 of Schedule 7 or paragraph 8 of Schedule 8, or
b
by the regulator under regulation 71,
if, in the opinion of the Secretary of State, the publication of that information would be contrary to the interests of national security.
2
For the purposes of paragraph (1)(b), the Secretary of State may give to the regulator directions specifying information which may not be published under regulation 71.
3
The regulator must notify the Secretary of State of any information which is excluded from publication in accordance with directions under paragraph (2).
PART 7 Civil Penalties
Interpretation
48
In this Part —
“carbon price”, in relation to a tonne of carbon dioxide equivalent, is the price referred to in regulation 49;
“penalty notice” means a notice served under regulation 50(1);
“additional penalty notice” means a notice served under regulation 50(3).
Carbon Price
49
1
In respect of the scheme year beginning with 1st January 2013, the carbon price is £6.70.
2
For each subsequent scheme year, the Secretary of State must determine a price as the carbon price for that year, based on the sterling equivalent of the average end of day settlement price (in Euro per tonne of carbon dioxide equivalent) of the December futures contracts for that scheme year.
3
For that purpose —
“average end of day settlement price” means the average over the 12 months ending with the relevant date;
“futures contract” means the futures contract as traded on the single largest carbon market exchange (as determined by volume of sales in the 12 months ending with the relevant date);
“sterling equivalent” means the sterling equivalent converted by reference to the Bank of England annual average spot exchange rate for the 12 months ending with the relevant date;
“the relevant date”, in relation to the year for which the carbon price is set, is 11th November in the preceding year.
4
The Secretary of State must publish a determination made under paragraph (2) one month before the beginning the scheme year in question.
Penalty notices
50
1
Where the regulator is satisfied that a person (“P”) is liable to a civil penalty under this Part the regulator must (subject to regulation 51) serve a notice on P.
2
The penalty notice must specify —
a
the regulation under which that liability arises;
b
the amount of the civil penalty due;
c
where appropriate, how that amount is calculated;
d
whether or not P may be liable to a civil penalty in accordance with regulation 53(2)(b), 56(2)(b), 60(2)(b), 62(2)(b), 63(2)(b), 64(2)(b), 67(2)(b), 68(2)(b), or 69(2)(b) (an “additional daily penalty”); and
e
if P will not be liable to an additional daily penalty, the date by which the penalty for which P is liable must be paid.
3
Subject to regulation 51 and to paragraph (4), where the regulator is satisfied that P is liable to an additional daily penalty the regulator must, when the amount of that additional daily penalty can be determined, serve a notice on P specifying —
a
the total amount of the civil penalties due; and
b
the date by which that amount must be paid.
4
In the case of an additional daily penalty under regulation 67(2)(b), a notice under paragraph (3) stating the amount of additional daily penalty that has accrued by the date of the notice may be served at such intervals as the regulator thinks fit.
5
A civil penalty imposed by a penalty notice or an additional penalty notice must be paid to the regulator by the date specified in the notice.
6
Any such civil penalty is recoverable by the regulator —
a
as a civil debt; and
b
where applicable, in accordance with regulation 39 and Schedule 9.
7
the regulator must, as soon as is reasonably practicable —
a
give notice to the authority of the service of any penalty notice or additional penalty notice; and
b
pass to the authority any civil penalty that has been paid to the regulator.
Discretion in imposing civil penalties
51
1
Where the regulator considers it appropriate to do so, the regulator may (subject to paragraph (2)) —
a
refrain from imposing a civil penalty;
b
reduce the amount of a penalty (including the amount of an additional daily penalty);
c
extend the time for payment specified in the penalty notice or additional penalty notice;
d
withdraw a penalty notice or an additional penalty notice;
e
modify the notice by substituting a lower penalty.
2
The powers under paragraph (1) do not apply in relation to any penalty arising under regulation 54(1).
Carrying out a regulated activity contrary to regulation 9
52
1
Where in any scheme year a regulated activity is carried out that is not authorised by a permit, contrary to regulation 9, the operator of the installation (“P”) is at the end of that year liable to the civil penalty in paragraph (2).
2
For each such year, the civil penalty is A + (B × C), where —
A is the estimated amount of the costs avoided by P in that year as a result of carrying out a regulated activity without such authorisation;
B is the estimated amount of reportable emissions from the installation in the period during which a regulated activity was carried out without such authorisation;
C is the carbon price for that year.
3
In exercising powers under regulation 51 in relation to the penalty in paragraph (2), the regulator must ensure that the penalty imposed exceeds the amount of any economic benefit that P has obtained as a result of carrying out a regulated activity that is not authorised by a permit.
4
The authority must exercise powers under section 40 of the Environment Act 1995 or regulation 37 of the Northern Ireland Regulations to give the regulator directions as to —
a
the estimation by the regulator of A and B in paragraph (2); and
b
the exercise of the regulator’s powers in accordance with paragraph (3).
Failure to comply with a condition of a permit
53
1
An operator is liable to the civil penalties in paragraph (3) where the operator fails to comply (or comply on time) with a condition of a permit included pursuant to —
a
paragraph 2(1)(e)(ii) or (iv) of Schedule 4 (but excluding the condition mentioned in paragraph (4) below);
b
paragraph 3(1)(g), (h) or (i) of Schedule 5; or
c
regulation 10 of the 2005 Regulations, other than regulation 10(3) and (4) (or such a condition as modified by virtue of regulation 88(6) or (7) of these Regulations).
2
However, an operator is not liable to those civil penalties where the failure to comply gives rise to a penalty under regulation 57.
3
The civil penalties are —
a
£3,750; and
b
£375 for each day that the operator fails to comply with the condition following service of a penalty notice, up to a maximum of £33,750.
4
An operator is liable to a civil penalty of £5,000 where the operator fails to comply with a condition of a permit included pursuant to paragraph 2(7)(a) of Schedule 4.
Failure to surrender allowances
54
1
A person (“P”) is liable to the civil penalty in paragraph (2) where P fails to surrender sufficient allowances, contrary to regulation 41 or regulation 42.
2
The civil penalty (“excess emissions penalty”) is the sterling equivalent of 100 Euros for each allowance that P failed so to surrender.
3
But paragraph (1) is subject to paragraphs (4) to (6).
4
Where paragraph (5) applies, P is not liable to the excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a scheme year that —
a
were not reported in the verified emissions report submitted for that year, but
b
have been determined by the regulator following a request under paragraph (5)(b).
5
This paragraph applies where P, before the regulator serves on P a penalty notice imposing an excess emissions penalty in respect of emissions in that scheme year (or a notice of the regulator’s intention to do so) —
a
notifies the regulator that there are annual reportable emissions not included in the report that has been submitted for that year,
b
requests the regulator to make a determination of the annual reportable emissions for that year, and
c
has surrendered allowances equal to the reportable emissions as so determined.
6
Where paragraph (5) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender in respect of the unreported emissions by the relevant date.
7
In this regulation —
a
“allowance”, where P is a UK aircraft operator, includes an aviation allowance;
b
“relevant date” means 30th April in the year following the scheme year mentioned in paragraph (4);
c
“unreported emissions” means the emissions mentioned in paragraph (4);
d
“sterling equivalent” means, subject to paragraph (8), the sterling equivalent converted by reference to the applicable rate of conversion; and
e
for that purpose the applicable rate is the first rate of conversion to be published in September of the year preceding the scheme year in which P is liable to the penalty in the C series of the Official Journal of the European Union, adjusted in accordance with paragraph (8).
8
If the last Harmonised Index of Consumer Prices for the member States of the European Union (“ HICP ”) published by Eurostat before the end of April in the year in which P failed to surrender the allowances shows an average percentage price increase as compared with the last HICP published before the end of April 2012, the sterling equivalent is increased by the same percentage.
Exceeding an emissions target for an excluded installation
55
1
An operator of an excluded installation is liable to the civil penalty in paragraph (2) where in any scheme year the operator fails to comply with paragraph 5 of Schedule 5.
2
The civil penalty is (A – B) × C, where —
A is the amount of annual reportable emissions arising in the scheme year;
B is the emissions target for that year;
C is the carbon price for that year.
Failure to pay a penalty for exceeding an emissions target for an excluded installation
56
1
An operator of an excluded installation is liable to the civil penalties in paragraph (2) where the operator fails to pay a penalty imposed under regulation 55 by the date specified in the penalty notice.
2
The civil penalties are —
a
10% of the penalty imposed under regulation 55; and
b
£150 for each day that the operator fails to pay that penalty following service of a penalty notice in respect of the penalty under sub-paragraph (a), up to a maximum of £13,500.
Under-reporting of emissions from an excluded installation
57
1
An operator of an excluded installation is liable to the civil penalty in paragraph (2) where there are reportable emissions in a scheme year (“the unreported emissions”) that —
a
were not reported in the report submitted for that year under paragraph 3(8)(b) of Schedule 5; but
b
have been determined by the regulator under regulation 44(3).
2
The civil penalty is A + (B × C) where —
A is £3,750;
B is the amount of the unreported emissions;
C is the carbon price for that year.
Failure to notify when an excluded installation ceases to meet the criteria for being excluded
58
1
An operator of an excluded installation (“P”) is liable to the civil penalties in paragraphs (2) and (3) where P fails to comply (or comply on time) with a notification requirement under —
a
a condition of a permit included pursuant to paragraph 3(4) or (5) of Schedule 5; or
b
paragraph 4(1) or (2) of Schedule 5.
2
For the first scheme year in which P fails to comply with the requirement to notify by 31st March in that year, the civil penalty is £2,500.
3
For the first and each subsequent scheme year in which P has still failed to comply with the notification requirement by 31st October in that year, P is at the end of the following scheme year (“S”) liable to the civil penalty in paragraph (4).
4
The civil penalty is 2 × (A + B), where —
A is £2,500;
B is the avoided compliance costs.
5
In paragraph (4) “avoided compliance costs” means ((W – X) × Y) – Z, where —
W is the amount of annual reportable emissions arising in S;
X is the number of allowances for S to which P would have been entitled in accordance with Article 10a of the Directive, if the installation had not been an excluded installation and had been carrying out regulated activities;
Y is the carbon price for S;
Z is any penalty due under regulation 55 in respect of S.
Failure to surrender a permit
59
Where an operator fails to make an application to surrender a permit, contrary to regulation 13(1) and (2), the operator is liable to a civil penalty of £5,000.
Failure to submit or resubmit an application for an emissions plan
60
1
A UK administered operator (“A”) is liable to the civil penalties in paragraph (2) where A fails to —
a
submit (or to submit on time) an application for an emissions plan, contrary to regulation 32(1);
b
provide a satisfactory explanation, contrary to regulation 32(4); or
c
resubmit (or to resubmit on time) an application for an emissions plan, where required to do so by regulation 34(4).
2
The civil penalties are —
a
£1,500; and
b
£150 for each day that the application or resubmission of an application is not provided, following the service of a penalty notice, up to a maximum of £13,500.
Failure to notify the regulator if an emissions plan is not applied for
61
1
A UK administered operator (“A”) is liable to the civil penalty in paragraph (2) where A fails to comply with the requirements of regulation 33(1).
2
The civil penalty is £5,000.
Failure to comply with a condition of an emissions plan
62
1
A UK administered operator (“A”) is liable to the civil penalties in paragraph (2) where A fails to comply (or to comply on time) with a condition in an emissions plan, contrary to regulation 36(2).
2
The civil penalties are —
a
£1,500; and
b
£150 for each day that A fails to comply with the condition following the service of a penalty notice, up to a maximum of £13,500.
Failure to monitor aviation emissions
63
1
A UK administered operator (“A”) is liable to the civil penalties in paragraph (2) where A fails to monitor aviation emissions, contrary to regulation 35(1).
2
The civil penalties are —
a
£1,500; and
b
£150 for each day that A fails to monitor aviation emissions following the service of a penalty notice, up to a maximum of £13,500.
Failure to report aviation emissions
64
1
A UK administered operator (“A”) is liable to the civil penalties in paragraph (2) where A fails to report (or to report on time) aviation emissions, contrary to regulation 35(4).
2
The civil penalties are —
a
£3,750; and
b
£375 for each day that the report is not submitted, following the service of a penalty notice, up to a maximum of £33,750.
Failure to provide assistance and advice
65
Where an aerodrome operator fails to provide reasonable assistance and advice, contrary to paragraph 7(1) of Schedule 9, the aerodrome operator is liable to a civil penalty of £50,000.
Failure to comply with a direction relating to an operating ban
66
Where a person fails to comply with a direction, contrary to paragraph 2(4)(a) of Schedule 10, that person is liable to a civil penalty of £50,000.
Failure to return allowances
67
1
An operator or a UK administered operator (“P”) is liable to the civil penalties in paragraph (2) where P —
a
receives allowances or aviation allowances to which P is not entitled; and
b
fails to return (or return on time) such allowances or aviation allowances, contrary to —
i
paragraph 11(4) of Schedule 6; or
ii
paragraph 10(4) of Schedule 7.
2
The civil penalties are —
a
£20,000; and
b
£1,000 for each day that P fails to return the allowances following the service of a penalty notice.
Failure to comply with an enforcement notice
68
1
A person (“P”) is liable to the civil penalties in paragraph (2) where P fails to comply (or to comply on time) with the requirements of an enforcement notice, contrary to regulation 43(4).
2
The civil penalties are —
a
£20,000; and
b
£1,000 for each day that P fails to comply with the requirements of the enforcement notice, following service of a penalty notice, up to a maximum of £30,000.
Failure to comply with an information notice
69
1
A person (“P”) is liable to the civil penalties in paragraph (2) where P fails to comply (or to comply on time) with the requirements of notice served under regulation 45(2) (an “information notice”).
2
The civil penalties are —
a
£1,500; and
b
£150 for each day that P fails to comply with the requirements of the information notice, following service of a penalty notice, up to a maximum of £13,500.
Providing false or misleading information
70
1
A person (“P”) is liable to the civil penalty in paragraph (2) where P provides false or misleading information, or makes a statement which is false or misleading in a material particular, where the statement is made or the information is provided —
a
in any application made under these Regulations, or in response to a notice served under paragraph 1(12) of Schedule 3;
b
in a notice under regulation 33(1)(b);
c
in an aviation emissions report prepared under regulation 35(3);
d
in response to a notice served under regulation 45(2);
e
pursuant to a requirement mentioned in regulation 80(2) or (4);
f
in purported compliance with the conditions of a permit or an aviation emissions plan; or
g
pursuant to paragraph 6(2), 7(9), 8(4)(a), 8(5) or 11 of Schedule 6.
2
The civil penalty is £1,000.
Publication of names of persons subject to penalties under regulation 54(1)
71
1
As soon as possible after —
a
the expiry of the period for appealing the imposition of a penalty by the regulator under regulation 54(1), or
b
if such an appeal is made, the determination or withdrawal of the appeal,
the regulator must (subject to paragraph (2)) publish the name of the person on whom that penalty was imposed.
2
The name must not be published if, following such an appeal, the person is found not to be liable to any of the penalty imposed under regulation 54(1).
3
Paragraph (1) is subject to regulation 47 (national security).
PART 8 Appeals
CHAPTER 1
General
Interpretation
72
In this Part —
a
“appeal body” has the meaning given by regulation 75;
b
“decision” means —
i
a notice or deemed refusal under these Regulations; or
ii
an action or decision of the registry administrator or the KP registry administrator;
c
“notice” includes —
i
in the case of a notice determining an application for a permit or the transfer of the permit, the provisions of any permit attached to the notice; and
ii
in the case of a notice determining an application for an aviation emissions plan, the conditions included in the plan issued by the notice.
Rights of appeal
73
1
Subject to paragraph (3), the following persons may appeal to the appeal body —
a
a person who is aggrieved by a decision determining any application made by them under these Regulations;
b
a person who is aggrieved by a notice served on them under any provision mentioned in paragraph (2).
2
Those provisions are —
a
regulation 11(2), (3)(b) or (4);
b
regulation 14(1);
c
regulation 26(2);
d
regulation 37(1), (2)(b) or (3);
e
regulation 43(1);
f
regulation 44(4);
g
regulation 45(2);
h
regulation 50(1) or (3);
i
paragraph 8(1) or (4) of Schedule 5;
j
paragraph 6(7)(a) of Schedule 6, in relation to a decision to make a request under paragraph 6(5)(a) or (b) of that Schedule;
k
paragraph 7(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 7(9)(a) of that Schedule;
l
paragraph 7(11)(b) of Schedule 6;
m
paragraph 8(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 8(9)(a) or (b) of that Schedule;
n
paragraph 11(2) of Schedule 6;
o
paragraph 10(2) of Schedule 7.
3
An appeal under paragraph (1) may not be made to the extent that the decision implements —
a
a direction given by the authority under section 40 of the Environment Act 1995 or regulation 37 of the Northern Ireland Regulations , or
b
a direction given by an appeal body under these Regulations.
Rights of appeal: registries
74
1
A person who is aggrieved by a decision of the registry administrator referred to in a provision of the Registries Regulation 2011 mentioned in paragraph (2) may exercise the right to object given by that provision by appealing to the appeal body.
2
Those provisions are —
a
Article 20(3);
b
Article 22(6);
c
Article 23(3);
d
Article 30(5);
e
Article 31(6).
3
A person who is aggrieved by a decision of the KP registry administrator referred to in a provision of the Registries Regulation 2010 mentioned in paragraph (4) may exercise the right to object given by that provision by appealing to the appeal body.
4
Those provisions are —
a
Article 18(3);
b
Article 20(4)
c
Article 21(1);
d
Article 27(5);
e
Article 28(5).
5
On receiving notice under regulation 80(10), the account holder may appeal to the appeal body against the decision to set a registry account to blocked status.
Appeal body
75
1
In the case of an appeal against a decision of SEPA, the appeal body is the Scottish Ministers.
2
In the case of an appeal against a decision of the chief inspector, the appeal body is the Planning Appeals Commission.
3
In the case of an appeal against any other decision the appeal body is the First-tier Tribunal.
Effect of an appeal
76
1
Subject to paragraphs (2) to (4), the bringing of an appeal under regulation 73 suspends the effect of the decision pending the final determination or withdrawal of the appeal.
2
The bringing of an appeal does not suspend the effect of —
a
a decision refusing an application;
b
a deemed refusal;
c
a notice under —
i
regulation 11(2), (3)(b) or (4);
ii
regulation 37(1), (2)(b) or (3);
iii
regulation 43(1);
iv
paragraph 8(1) or (4) of Schedule 5; or
v
paragraphs 6(7)(a), 7(11)(a) or (b), or 8(11)(a) of Schedule 6.
3
Where (following an application for a permit or for the transfer of a permit) a permit has been granted or varied, the bringing of an appeal against the provisions of the permit or the terms of the variation does not suspend the effect of those provisions or terms.
4
Where an aviation emissions plan has been issued following an application under regulation 32, the bringing of an appeal against the conditions included in the plan does not suspend the effect of those conditions.
5
The bringing of an appeal against a determination of emissions under regulation 44(4) suspends the effect of the decision only for the purpose of assessing whether there has been compliance with regulation 41 or 42.
6
The bringing of an appeal under regulation 74 does not suspend the effect of the decision pending the final determination or withdrawal of the appeal.
Determination of an appeal
77
1
In determining an appeal under regulation 73(1) the appeal body may, subject to paragraph (3) —
a
affirm the decision;
b
quash the decision or vary any of its terms;
c
substitute a deemed refusal with a decision of the appeal body; or
d
give directions to the regulator as to the exercise of the regulator’s functions under these Regulations.
2
In determining an appeal under regulation 74 the appeal body may give directions to —
a
the registry administrator as to the exercise of its functions under the Registries Regulation 2011, or
b
the KP administrator as to the exercise of its functions under the Registries Regulation 2010.
3
The appeal body may not make a determination that would result in a decision which could not otherwise have been made under these Regulations or under the Registries Regulation 2010 or 2011.
CHAPTER 2
Appeals: Scotland and Northern Ireland
Procedure for appeals
78
1
Schedule 11, Part 1, has effect in relation to the making and determination of an appeal to the Scottish Ministers.
2
The Scottish Ministers may —
a
appoint any person to exercise on their behalf, with or without payment, the function of determining an appeal under this Part or any matter or question involved in such an appeal; or
b
refer any matter or question involved in such an appeal to such person as they may appoint for the purpose, with or without payment.
3
Schedule 11, Part 2, has effect in relation to appointments under paragraph (2)(a).
4
Schedule 12 has effect in relation to the making and determination of an appeal to the Planning Appeals Commission.
PART 9 The Union Registry and the UK Registry
Interpretation
79
1
In this regulation and regulation 80, a reference to a numbered Article is to that Article of the Registries Regulation 2011.
2
In regulation 80 —
“the allocation table” means the national allocation table notified to the European Commission by the United Kingdom under Article 49;
“the aviation allocation table” means the national aviation allocation table notified by the United Kingdom to the European Commission under Article 53(1).
The Union Registry
80
1
The registry administrator may require users of the Union Registry to comply with reasonable terms and conditions in relation to that registry.
2
It is the duty of the account holder to comply with the requirement to enter emissions data in accordance with Article 32(2); furthermore, an amount of zero must be entered by the account holder if the latter is —
a
an operator who carried out no regulated activity in the year to which the data would relate; or
b
a UK administered operator who carried out no aviation activity in that year.
3
The verifier is responsible under Articles 32(4) and (5) for —
a
approving the annual verified emissions; and
b
marking the emissions as verified.
4
The operator or the UK administered operator is responsible for complying with the requirement under Article 14(1) or 15(1) to provide information to the registry administrator and request the opening of a registry account.
5
In complying with the requirement mentioned in paragraph (4), the operator or the UK administered operator must provide such evidence of identity and address as may be required by the registry administrator.
6
Where —
a
an operator fails to comply with regulation 41, or
b
a UK aircraft operator fails to comply with regulation 42,
the registry administrator must set the relevant registry account to blocked status until the compliance status figure for the installation or UK aircraft operator, calculated in accordance with Article 34, is greater than or equal to zero.
7
This paragraph applies where —
a
an operator is required to submit a report to the regulator by the terms of a notice of surrender or a revocation notice; and
b
the operator —
i
fails to submit the report to the regulator within the time specified in the report;
ii
submits an incomplete report to the regulator within the time so specified; or
iii
submits within the time so specified a report to the regulator that cannot be verified in whole or in part in accordance with the monitoring and reporting requirements for the installation.
8
Where paragraph (7) applies, the registry administrator must set the relevant operator holding account to blocked status until —
a
the report has been prepared and verified in accordance with the requirements of paragraph 4(1)(b) or 5(1)(b) of Schedule 4 and has been submitted to the regulator; or
b
the regulator has notified, in accordance with regulation 44(4)(a), a determination of the reportable emissions referred to in paragraph 4(1)(a) or 5(1)(a) of that Schedule.
9
Where an operator is in breach of the requirement to comply with a notice given under paragraph 11(2) of Schedule 6 or paragraph 10(2) of Schedule 7, the registry administrator must set the operator holding account to blocked status until that notice has been complied with.
10
Where the registry administrator sets a registry account to blocked status pursuant to paragraph (6), (8) or (9) it must notify the account holder specifying the reason why, and the period during which, the relevant registry account will be blocked.
11
The regulator must, as soon as is reasonably practicable, notify the registry administrator where a change to the allocation table or aviation allocation table becomes necessary —
a
by virtue of Article 50(1) or 54(1), or
b
for any other reason (and in particular in consequence of paragraph 5 or 10 of Schedule 6).
12
The registry administrator must, as soon as is reasonably practicable, notify the European Commission in accordance with Article 50(2) or 54(2) of any changes to the allocation table or aviation allocation table (other than those falling within paragraph (11)(a)).
13
This paragraph applies where —
a
a notice of surrender or a revocation notice has been given and has taken effect; and
b
the operator is unable to comply with the requirement to surrender allowances imposed by that notice by the date specified in the notice, due to the suspension of access to the relevant registry account by the registry administrator pursuant to Article 31.
14
Where paragraph (13) applies, the registry administrator must, if so requested by the operator, surrender the number of allowances specified in the notice of surrender or the revocation notice.
15
The registry administrator or the KP registry administrator may refuse to —
a
open any account in the Union Registry or the UK Registry, or
b
approve an authorised representative or an additional authorised representative in relation to such an account,
where it is satisfied that the proposed account holder, authorised representative or additional authorised representative is not a fit and proper person to hold such an account or, as the case may be, act as such a representative.
16
The registry administrator may extend the suspension of the running of delays under Article 36(3) to all days in a scheme year that are not working days, provided that the decision to do so is published by the registry administrator by 1st December in the previous scheme year.
The UK Registry
81
1
The Environment Agency must continue to operate the UK Registry for the purposes of meeting the obligations of the United Kingdom referred to in Article 3(1) of the Registries Regulation 2010 (obligations as a Party to the Kyoto Protocol and under Article 6 of Decision No 280/2004/EC ), and in that capacity is referred to in these Regulations as the “KP registry administrator”.
2
The Environment Agency may require users of the UK Registry to comply with reasonable terms and conditions in relation to that registry.
PART 10 Supplementary
Recovery of fees
82
1
In this regulation “allowances” includes aviation allowances.
2
Any fee payable by virtue of these Regulations may be recovered by the regulator —
a
as a civil debt; or
b
by the seizure and sale of a number of allowances held by the operator or UK administered operator liable to the fee (“the debtor”) in accordance with paragraph (3).
3
Where the regulator proposes to recover an unpaid fee by the seizure and sale of allowances held by the debtor, the regulator must —
a
notify the registry administrator and the debtor;
b
instruct the registry administrator to transfer a number of allowances sufficient to cover the unpaid fee, and any expenses incurred in recovering it from the debtor, to the regulator’s person holding account in the Union Registry;
c
sell the allowances transferred under sub-paragraph (b) for the best price that can reasonably be obtained, though a failure to do so does not make a sale under this paragraph void or voidable; and
d
apply the proceeds of sale in the following order —
i
in payment of the unpaid fee in respect of which the allowances were seized and sold;
ii
in payment of any expenses incurred by the regulator in seizing and selling the allowances,
and pay any residue from the proceeds of sale to the debtor.
Consequences of non-payment
83
The regulator is not required to perform a function for which a fee is payable in relation to a person who has not paid a fee which that person is liable to pay.
Guidance
84
1
The authority may issue guidance to the regulator with respect to the carrying out of any of the regulator’s functions under these Regulations, the Monitoring and Reporting Regulation or the Verification Regulation.
2
The Secretary of State may issue guidance to the registry administrator or the KP registry administrator with respect to the carrying out of any of its functions under these Regulations, the Registries Regulation 2011 or the Registries Regulation 2010.
3
The regulator, the registry administrator or the KP registry administrator must have regard to any guidance issued under paragraph (1) or (2).
PART 11 Revocations, savings and transitional provisions.
Revocations
85
The following enactments are revoked —
a
the 2005 Regulations;
b
the following enactments amending the 2005 Regulations —
i
S.I. 2006/737 ;
ii
S.I. 2007/465 ;
iii
S.I. 2007/1096 ;
iv
S.I. 2007/3433 ;
v
regulation 3 of S.R. (N.I.) 2010/92 ;
vi
regulation 4 of S.I. 2005/2903 ;
vii
regulation 8 of S.I. 2010/1513 ;
viii
regulations 3 and 4 of S.I. 2011/1506 ;
ix
paragraphs 1 to 20 of the Schedule to S.I. 2011/2911 ;
c
the Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 ;
d
the 2010 Regulations;
e
the Aviation Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2011 .
Savings and transitional provisions: the 2005 Regulations
86
1
Notwithstanding the revocations made by regulation 85, the following provisions of the 2005 Regulations (“the relevant provisions”) continue to have effect to the extent specified below.
2
Part 1 and Schedule 1 have effect for the purpose of the relevant provisions.
3
Regulations 16 and 17 have effect for the purposes of making an application for the surrender of a permit, or the service of a notice of revocation in respect of a failure to make such an application, where the circumstances giving rise to the requirement to make the application occurred before 1st January 2013.
4
Regulation 18(3) to (5) has effect in relation to the charging schemes referred to in that regulation.
5
Regulation 22 (other than paragraph (2)) has effect for the purpose of allowing an operator to make an application for an allocation from the new entrant reserve (as defined by regulation 2 of the 2005 Regulations).
6
But for the purpose of paragraph (5) above, the reference in regulation 22(22) to regulation 15(1) of the 2005 Regulations is to be read as a reference to regulation 12(1) of these Regulations (and the reference to the proposed transferee is accordingly to be read as a reference to the new operator).
7
Subject to paragraph (8) below, regulation 26 has effect for all purposes relating to the registry referred to in Article 3(2) of the Registries Regulation 2010.
8
In regulation 26 —
a
paragraphs (2) to (5) do not have effect; and
b
paragraph (8) has effect as if the references to Articles 18, 20(4) and 27(5) were omitted.
9
The following provisions have effect in so far as they relate to any activities carried out, or emissions arising, prior to 1st January 2013 —
a
regulation 27A;
b
Part 4.
10
Subject to paragraph (11) below, Part 5 and Schedules 2 to 4 have effect in relation to any appeal brought against a decision or notice specified in regulation 32(1) to (5) of the 2005 Regulations.
11
Regulation 32(4) has effect as if the reference to the appropriate authority were a reference to the First-tier tribunal (and the reference to the appropriate authority in regulation 32(7) is to be construed accordingly).
12
Regulation 35 has effect in so far as it relates to functions carried out before 1st January 2013 or under the relevant provisions.
13
Regulation 36 has effect in so far as it relates to a civil penalty in respect of emissions arising before 1st January 2013.
14
Regulation 37 has effect.
15
Paragraph (1)(c) to (f) of regulation 38 has effect in so far as it relates to the relevant provisions, but where the conduct giving rise to the offence occurs after 31st December 2012 the following civil penalties apply instead of the offences under that paragraph —
a
the penalty in regulation 59 above applies instead of the offence of failing to making an application to surrender a permit;
b
the penalties in regulation 53 above apply instead of the offence of failing to comply with a notice under regulation 22(13)(a) (and for that purpose the condition of the notice is deemed to be a condition falling within paragraph (1)(c) of regulation 53);
c
the penalties in regulation 68 above apply instead of the offence of failing to comply with an enforcement notice; and
d
the penalty in regulation 70 above applies instead of an offence under paragraph (1)(f) of regulation 38.
16
Subject to paragraph (17) below, regulation 38(2) and (3) has effect.
17
No prosecution may be brought in respect of an offence under regulation 38(1)(a) if —
a
the conduct that gave rise to the offence continues after 31st December 2012; and
b
the person who has committed the offence will be liable to a civil penalty under regulation 52 above.
18
Regulations 39 to 41 have effect in relation to a failure to surrender allowances in respect of emissions arising before 1st January 2013, and regulation 40 has effect in relation to an understatement of such emissions.
19
Parts 8 to 10 have effect in so far as they relate to functions carried out, or powers exercised, under the relevant provisions or as national administrator under the Registries Regulation 2010.
Savings and transitional provisions: the 2010 Regulations
87
1
Notwithstanding the revocations made by regulation 85, the following provisions of the 2010 Regulations (“the relevant provisions”) continue to have effect to the extent specified below.
2
Part 1 has effect for the purpose of the relevant provisions.
3
The time period in regulation 18(1) has effect in relation to a person who became an aircraft operator under the 2010 Regulations before 1st January 2013, but the application for an emissions plan must otherwise be made under regulation 32 of these Regulations.
4
Regulations 21 and 22 have effect in relation to aviation emissions arising before 1st January 2013.
5
Regulations 26 and 27 have effect in relation to aviation emissions arising before 1st January 2013.
6
Regulation 28 has effect in relation to the charging schemes referred to in that regulation.
7
Regulation 29 has effect in relation to the functions referred to in that regulation.
8
The following have effect in relation to civil penalties arising under the 2010 Regulations —
a
Part 8;
b
regulation 49.
9
Part 11 and Schedules 3 to 5 have effect in relation to any appeal brought against any decision made or notice served under the 2010 Regulations.
10
The following have effect in relation to decisions or functions of the regulator under the 2010 Regulations —
a
Part 12;
b
regulations 58 and 59.
11
Regulations 55 to 57, and Schedule 6, have effect in relation to information provided, reports submitted, or notices served under the 2010 Regulations.
12
Paragraph (3), and (5) to (8), of regulation 60 have effect.
Transitional provisions: permits
88
1
An application under regulation 8 of the 2005 Regulations for a greenhouse gas emissions permit that is made to the regulator before 1st January 2013, and not determined before that date, may be treated by the regulator as an application made under —
a
regulation 10(1) above; or
b
if the installation to which the application relates is an excluded installation, regulation 10(2) above.
2
An application under regulation 14 of the 2005 Regulations for the variation of a permit that is made to the regulator before 1st January 2013, and not determined before that date, may be treated by the regulator as an application made under regulation 11(3)(a) above.
3
An application under regulation 15 of the 2005 Regulations for the transfer of a permit (other than for a partial transfer) that is made to the regulator before 1st January 2013, and not determined before that date, may be treated by the regulator as an application made under regulation 12(1) above.
4
An application under regulation 15 of the 2005 Regulations for the partial transfer of a permit that is made to the regulator before 1st January 2013 and not determined before that date may be treated by the regulator as an application made under regulation 12(1) above, provided that the application has been amended to the satisfaction of the regulator (and is otherwise deemed to have been withdrawn).
5
Subject to paragraphs (6) and (7), a permit granted under regulation 9 of the 2005 Regulations that is in force immediately before 1st January 2013 (“the permit”) continues to have effect until it is revoked or surrendered under these Regulations.
6
The regulator must vary the permit as necessary to bring it into a form in which it could have been granted under regulation 10 above.
7
Until such variations are made, the permit has effect in relation to emissions in the year beginning with 1st January 2013, or in any subsequent scheme year, as if —
a
any reference in the permit to Commission Decision 2007/589/EC of 18 July 2007 were a reference to the Monitoring and Reporting Regulation, and any reference to Section 5.2, 5.3 or Section 9 of Annex 1 to that Decision were a reference to the corresponding provision of that Regulation;
b
any reference in the permit to Annex 5 to the Directive were a reference to the Verification Regulation;
c
any reference in the permit to the Emission Trading Registry for the UK were a reference to the Union Registry; and
d
any requirement of the permit to submit a report to the regulator by 30th June each year, setting out proposed improvements in monitoring at the installation, applied only in relation to the report required to be submitted by 30th June 2013.
8
Notwithstanding the variations made pursuant to paragraph (6), the permit as it had effect immediately before 1st January 2013 continues to have such effect in relation to any emissions arising before that date and any obligations relating to them.
Transitional provisions: aviation emissions plans
89
1
An application for an emissions plan under regulation 18 of the 2010 Regulations that has not been determined under those Regulations may be treated by the regulator as an application made under regulation 32 above.
2
An application for the variation of an emissions plan, pursuant to a condition of the plan, that is made to the regulator before 1st January 2013 may be treated by the regulator as an application made under regulation 37(2)(a) above.
3
Subject to paragraph (4) and (5), an aviation emissions plan that is in force immediately before 1st January 2013 (“the plan”) continues to have effect.
4
The regulator must vary the plan as necessary to bring it into a form in which it could have been issued under regulation 34 above.
5
Until such variations are made, the plan has effect in relation to emissions in the year beginning with 1st January 2013, or in any subsequent scheme year, as if —
a
any reference in the plan to Commission Decision 2007/589/EC of 18 July 2007 were a reference to the Monitoring and Reporting Regulation, and any reference to Section 9 of Annex 1 and Sections 2, 3 and 4 of Annex 14 to that Decision were a reference to the corresponding provision of that Regulation; and
b
any requirement of the plan to submit a report to the regulator by 30th June each year, setting out proposed improvements in monitoring of aviation activities, applied only in relation to the report required to be submitted by 30th June 2013.
Verma
Parliamentary Under-Secretary of State
Department of Energy and Climate Change
5th December 2012
SCHEDULE 1
Application to the Crown etc.
Regulation 4
Crown application
1
Subject to paragraphs 2 and 3, these Regulations bind the Crown.
Entry to Crown premises
2
1
If the Secretary of State considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises, the Secretary of State may certify that those powers must not be used in relation to those premises.
2
In this paragraph —
“Crown premises” means premises held or used by or on behalf of the Crown;
“power of entry” means a power of entry exercisable under section 108 of the Environment Act 1995 or regulation 27 of the Northern Ireland Regulations, in relation to a function under these Regulations.
Service on certain Crown operators
3
1
This paragraph applies in relation to an installation operated by a person acting on behalf of —
a
the Royal Household;
b
the Duchy of Lancaster; or
c
the Duke of Cornwall or other possessor of the Duchy of Cornwall.
2
In relation to the serving or giving of notices or other documents under these Regulations, the following person must be treated as the operator —
a
in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;
b
in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;
c
in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.
SCHEDULE 2
Notices etc.
Regulation 5
1
In this Schedule, “instrument” means any notice or direction served or given under these Regulations (but does not include a notice or direction required to be given to the regulator or registry administrator).
2
An instrument must be in writing.
3
An instrument may be served on or given to a person (“P”) by —
a
delivering it to P in person;
b
sending it to a postal or email address n provided by P for the purpose of service of instruments;
c
leaving it at P’s proper address; or
d
sending it by post or electronic means to P’s proper address.
4
In the case of a body corporate, an instrument may be served on or given to the secretary or clerk of that body.
5
In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.
6
If a person (“Q”) to be served with or given an instrument has specified an address in the United Kingdom (other than Q’s proper address) at which Q or someone on Q’s behalf will accept instruments of that description, that address must instead be treated as Q’s proper address.
7
For the purposes of this Schedule, “proper address” means (subject to paragraph 6) —
a
in the case of a body corporate or its secretary or clerk —
i
the registered or principal office of that body, or
ii
the email address of the secretary or clerk;
b
in the case of a partnership or a partner or person having control or management of the partnership business —
i
the principal office of the partnership, or
ii
the email address (or, in the case of a partnership established outside the United Kingdom, the last known address) of a partner or a person having that control or management;
c
in any other case, a person’s last known address (which for the purpose of this paragraph and paragraph (b) includes an email address).
8
For the purposes of paragraph 7, where a body corporate registered outside the United Kingdom or a partnership established outside the United Kingdom has an office in the United Kingdom, the principal office of that body corporate or partnership is its principal office in the United Kingdom.
9
1
Where for the purposes of paragraph 7 the person giving or serving an instrument is not able to ascertain a proper address in relation to a UK administered operator, a relevant address may instead be treated as the proper address.
2
For that purpose, “relevant address” means an address derived from information supplied to the regulator by Eurocontrol (or any other organisation) at the request of the European Commission .
10
The provisions of this Schedule do not apply where a contrary provision applies under paragraph 8 of Schedule 9.
SCHEDULE 3
Applications etc.
Regulation 6
Applications etc.: general
1
1
This paragraph applies —
a
to any application, notice or report submitted to the regulator under any provision of —
i
these Regulations,
ii
a permit, or
iii
an aviation emissions plan; and
b
notwithstanding any further provision made under or by virtue of these Regulations in respect of such application, notice or report.
2
Sub-paragraph (10) also applies to applications —
a
to the registry administrator to open an account in the Union Registry, and
b
to the KP registry administrator to open an account in the UK Registry,
and for that purpose the provision of updated information in relation to such an account is to be treated as an application.
3
For the purposes of this paragraph, an application includes any proposed plan required to be submitted as part of the application.
4
An application, report or notice —
a
must be in writing; and
b
unless agreed otherwise in writing with the regulator, must be submitted on a form made available by the regulator for that purpose.
5
Such a form must specify, as the case may be —
a
the information required by the regulator to determine the application; or
b
the matters required to be included in the report.
6
Unless agreed otherwise in writing with the regulator, the form must be sent to the regulator electronically.
7
A form provided by the regulator which specifies an electronic address for submission must, if submitted electronically, be sent to that address.
8
A form provided by the regulator for submission through a website must, unless the regulator agrees otherwise in writing, be submitted through that site and in accordance with the instructions given there for completion and submission.
9
Unless the information has been provided in a previous application made to the regulator, an application must contain the name, postal address (including postcode) and telephone number of the applicant, together with —
a
an email address for service, or
b
a postal address for service (including postcode) in the United Kingdom,
and in the case of an application under regulation 12 (transfer of permits) those requirements apply to each of the joint applicants.
10
An application must be accompanied by the fee prescribed, but —
a
where the application is sent electronically, the fee may be sent to the regulator separately from the application (and in that case the application is deemed not to have been received by the regulator until the fee has also been received); and
b
where the application relates to an offshore installation, the fee need not be paid until the end of the period of 28 days beginning with the date on which the regulator serves a notice on the operator requesting payment of the fee.
11
An application may be withdrawn at any time before it is determined.
12
The regulator may, by notice to the applicant, require the applicant to provide such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application.
13
The application is deemed to have been withdrawn where —
a
the applicant has failed to provide that information by the end of that period (or by such later date as may be agreed with the regulator); and
b
the regulator gives notice to the applicant that the application is treated as having been withdrawn.
Determination of applications
2
1
Subject to sub-paragraph (2), where an application to the regulator under these Regulations is duly made it must be determined by the regulator within —
a
the period of two months beginning with the date on which the application was received, or
b
such longer period as may be agreed in writing with the applicant.
2
For the purposes of sub-paragraph (1) —
a
an application is determined when notice of the determination is given to the applicant by the regulator; and
b
in calculating the period of two months, no account is to be taken of any period beginning with the date on which a notice under paragraph 1(12) is served on the applicant and ending with the date on which the applicant provides the information specified in the notice.
3
If the regulator fails to determine the application within the period allowed by sub-paragraphs (1) and (2) —
a
the applicant may give to the regulator notice that the applicant treats the application as having been refused, and
b
the application is then deemed to have been refused at the end of that period.
4
Where the application is an application for a permit or the transfer of a permit, any permit that is granted as a result of the application must be attached to the notice given under sub-paragraph (2)(a).
SCHEDULE 4
Permits
Regulations 10, 12, 13 and 14
Applications for permits
1
1
An application for a permit must contain —
a
as well as the address for service required under Schedule 3, any address to which correspondence relating to the application should be sent; and (if the applicant is a body corporate) —
i
its registered number and the postal address of its registered or principal office, and
ii
if that body corporate is a subsidiary of a holding company within the meaning of section 1159 of the Companies Act 2006 , the name of the holding company (other than a holding company which is itself a subsidiary) and the postal address of its registered or principal office;
b
in relation to the site of the installation —
i
the postal address and national grid reference of the site (or equivalent information identifying the installation and its location);
ii
a description of the site and the location of the installation on it; and
iii
the name of any local authority in whose area the site is situated;
c
a description of the installation, including a description of —
i
the regulated activities to be carried out at the installation and the specified emissions from those activities; and
ii
any directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;
d
a description of the raw and auxiliary materials used in carrying out regulated activities in the installation, the use of which is likely to lead to specified emissions;
e
a description of the sources of specified emissions from the regulated activities carried out in the installation;
f
a monitoring plan submitted under Article 12 of the Monitoring and Reporting Regulation, together with —
i
the supporting documents under Article 12(1) of that Regulation;
ii
the summary of a procedure ensuring fulfilment of the requirements referred to in Article 12(3)(a) and (b) of that Regulation; and
iii
the uncertainty assessment carried out under Article 28(1)(a) of that Regulation;
g
a description, including the reference number, of any environmental licence issued in relation to the installation;
h
any additional information which the applicant wishes the regulator to take into account in considering the application; and
i
a non-technical summary of the information referred to in paragraphs (c) to (h).
2
For the purposes of sub-paragraph (1)(g), “environmental licence” means —
a
an authorisation under Part 1 of the Environmental Protection Act 1990 or the Industrial Pollution Control (Northern Ireland) Order 1997 ; or
b
a permit under —
i
the Environmental Permitting (England and Wales) Regulations 2010 ;
ii
the Pollution Prevention and Control (Scotland) Regulations 2000 ;
iii
the Offshore Regulations; or
iv
the Northern Ireland Regulations.
3
Where an application is for a permit in respect of more than one installation, the application must contain the information required by sub-paragraph (1) in respect of each installation.
Content of a greenhouse gas emissions permit
2
1
A greenhouse gas emissions permit granted under regulation 10 must contain —
a
the name and postal address in the United Kingdom (including postcode) of the operator;
b
the postal address and national grid reference of the installation (or equivalent information identifying the installation and its location);
c
a description of the installation, including —
i
the regulated activities to be carried out at the installation and the specified emissions from those activities; and
ii
any directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;
d
a description of the site and the location of the installation on that site; and
e
as defined below —
i
the monitoring plan;
ii
the monitoring and reporting requirements;
iii
the surrender requirements; and
iv
the supplementary requirements.
2
The monitoring plan is the plan approved in accordance with Articles 11 to 13 of the Monitoring and Reporting Regulation.
3
The monitoring and reporting requirements are —
a
a requirement to monitor the annual reportable emissions of the installation in accordance with —
i
the Monitoring and Reporting Regulation; and
ii
the monitoring plan (including the written procedures supplementing that plan);
b
a requirement to prepare, for each scheme year, a verified report of those emissions in accordance with the Monitoring and Reporting Regulation and the Verification Regulation, and to submit that report to the regulator by 31st March in the following year;
c
a requirement to satisfy the regulator, if an emission factor of zero has been reported in respect of the use of bioliquids, that the sustainability criteria set out in Article 17(2) to (5) of the Renewable Energy Directive have been fulfilled in accordance with Article 18(1) of that Directive; and
d
any further conditions that the regulator considers necessary to give proper effect to the Monitoring and Reporting Regulation or the Verification Regulation.
4
The surrender requirements are conditions obliging the operator to surrender, by the 30th April following a scheme year, a number of allowances equal to the annual reportable emissions of the installation in that scheme year.
5
For the purposes of the surrender requirements the amount of the annual reportable emissions of the installation in a recovery year is deemed to be increased by an amount equal to the amount of annual reportable emissions, arising in the non-compliance year, in respect of which the operator failed to comply with the surrender requirements.
6
For the purposes of sub-paragraph (5) —
a
a “non-compliance year” is a scheme year in respect of which an operator fails to comply with the surrender requirements; and
b
the “recovery year” is —
i
the scheme year following the non-compliance year; or
ii
where the non-compliance results from an error in the verified emissions report submitted by the operator, the scheme year in which the error is discovered.
7
The supplementary requirements are —
a
notification requirements corresponding to the requirements in paragraphs 6(2) and 8(4)(a) and (5) of Schedule 6 (except in the case of the installations mentioned in paragraph 1(3)(b) of that Schedule);
b
any other conditions that the regulator considers necessary to ensure that the operator notifies the regulator of any planned or effective changes to the capacity, activity level or operation of the installation, by 31st December in the year in which the change was planned or has occurred; and
c
any other conditions that the regulator considers appropriate to include in the permit.
Transfer of permits
3
1
An application under regulation 12 must —
a
contain the information mentioned in sub-paragraph (3); and
b
identify the installations, or parts of an installation, to which the application relates (“the transferred units”) and the regulated activities authorised to be carried out at them (“the transferred activities”).
2
In the case of a partial transfer —
a
the application must also state —
i
the amount of allowances that are to be transferred to the transferred units; and
ii
the initial installed capacity of all sub-installations to which the permit relates, identifying those that correspond to the transferred units; and
b
the application may not be granted unless the regulator is satisfied that —
i
the amount mentioned in paragraph (a)(i) reflects the historical activity levels of the transferred units, calculated in accordance with Article 9 of the Free Allocation Decision; and
ii
the capacities mentioned in paragraph (a)(ii) have been calculated in accordance with Article 7(3) of the Free Allocation Decision.
3
The information referred to in sub-paragraph (1)(a) is —
a
in relation to each applicant, as well as the address for service required under Schedule 3 any address to which correspondence relating to the application should be sent;
b
in relation to the new operator, the information mentioned in paragraph 1(1)(a)(i) and (ii); and
c
a monitoring plan and other information mentioned in paragraph 1(1)(f) submitted by the new operator, or a specification by that operator of the parts of the existing monitoring plan that it is proposed should be varied and any necessary corresponding updating of that information.
4
Where the application relates to a partial transfer, a transfer of the permit is effected by the regulator giving notice —
a
granting a permit to the new operator (“the new permit”) which —
i
authorises the carrying out of the transferred activities;
ii
identifies the transferred units at which they may be carried out; and
iii
includes such other provisions as the regulator (subject to sub-paragraph (5)) considers appropriate; and
b
making such corresponding variations to the provisions of the permit held by the current operator (“the original permit”) as the regulator (subject to sub-paragraph (5)) considers appropriate.
5
In exercising the powers given by sub-paragraph (4)(a)(iii) and (b), the regulator must ensure that the conditions of the new permit, or the original permit as varied, are (so far as relevant) the same as the conditions that were included in the original permit, subject to such modifications as in the opinion of the regulator are necessary to take account of the transfer.
6
For the purposes of sub-paragraph (4) the new permit, and the variations of the original permit, have effect from a date agreed with the applicants and specified in the new permit and in the original permit as so varied.
7
Where the application does not relate to a partial transfer, the transfer of the permit is effected by the regulator giving notice varying the permit so that it includes —
a
the name and other particulars of the new operator;
b
the date referred to in sub-paragraph (8); and
c
such variations to the monitoring plan as the regulator considers appropriate.
8
From a date agreed with the applicants, the new operator is to be treated as the holder of the permit as varied under sub-paragraph (7).
9
If the new operator already holds a permit (an “existing permit”) for an installation that is on the same site as the transferred unit the regulator may effect a transfer within sub-paragraph (7) by —
a
giving notice of such variations to the existing permit as in the opinion of the regulator are necessary to take account of the transfer; and
b
cancelling the permit held by the current operator.
10
For the purposes of sub-paragraph (9) —
a
the variations of the existing permit have effect from a date agreed with the applicants and specified in the existing permit as so varied; and
b
the cancelled permit ceases to have effect on that date.
11
A regulator who effects the transfer of a permit in accordance with this paragraph must notify the registry administrator of the transfer.
12
Upon receipt of a notice under sub-paragraph (11) the registry administrator must carry out any necessary changes to the national allocation table pursuant to Article 50(1)(d) or (e) of the Registries Regulation 2011.
Surrender of permits
4
1
The notice of surrender must require the operator, in relation to the scheme year in which it takes effect (“the relevant year”), to —
a
submit to the regulator by a date specified in the notice a report (“the surrender report”) specifying the reportable emissions from the beginning of the relevant year until the date on which the notice takes effect;
b
ensure that the surrender report is prepared and verified in accordance with the monitoring and reporting requirements of the greenhouse gas emissions permit to which the application to surrender relates (“the permit”); and
c
by a date specified in the notice, surrender allowances equal to —
i
the reportable emissions specified in the surrender report;
ii
where an operator has failed to comply with the surrender requirements of the permit imposed in respect of the last scheme year for which the date for surrendering allowances in accordance with those requirements has passed, the annual reportable emissions in respect of which the operator failed so to comply;
iii
where the notice of surrender is served in a scheme year in which an error in the report submitted by an operator under the monitoring and reporting requirements in relation to any earlier scheme year has been discovered, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the surrender requirements of the permit in respect of the scheme year to which the error relates; and
iv
where an operator has failed to comply with regulation 13(2), the total number of allowances which by the date on which the notice of surrender is served have been issued in respect of the installation which would not have been issued if the operator had so complied.
2
From the date on which the notice of surrender takes effect —
a
the permit ceases to have effect to authorise the carrying out of a regulated activity or to require the monitoring of emissions; but
b
any conditions of the permit continue to have effect so far as they are not superseded by the requirements of that notice in accordance with sub-paragraphs (5) to (7) until the regulator certifies —
i
that those requirements and any surrender requirements of the permit have been complied with, or
ii
that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.
3
From the scheme year following the relevant year, for the purposes of assessing compliance with any surrender requirements of the permit the amount of reportable emissions of the installation (before any increase in accordance with paragraph 2(5)) is deemed to be zero.
4
Where the regulator certifies in accordance with sub-paragraph (2)(b)(ii) that there is no reasonable prospect of further allowances being surrendered by the operator, the regulator must notify the registry administrator.
5
The requirements specified in a notice of surrender pursuant to sub-paragraph (1)(a) and (b) are to be treated as if they were monitoring and reporting requirements of the permit.
6
Subject to paragraph (7), the requirements specified in a notice of surrender pursuant to sub-paragraph (1)(c) are to be treated as if —
a
they were surrender requirements of the permit, and
b
the number of allowances required to be surrendered by the notice of surrender were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.
7
Where the surrender report understates any reportable emissions, the requirement to surrender allowances equal to the amount of the understatement is not superseded by the requirements specified in the notice of surrender.
8
Where the operator fails to comply with the requirements of a notice of surrender included pursuant to sub-paragraph (1), the regulator must notify the registry administrator.
Revocation of permits
5
1
The revocation notice must require the operator, in relation to the scheme year in which it takes effect (“the relevant year”), to —
a
submit to the regulator by a date specified in the notice a report (“the revocation report”) specifying the reportable emissions from the beginning of the relevant year until the date on which the notice takes effect;
b
ensure that the revocation report is prepared and verified in accordance with the monitoring and reporting requirements of the greenhouse gas emissions permit to which the revocation notice relates (“the permit”); and
c
by a date specified in the notice, surrender allowances equal to —
i
the reportable emissions specified in the revocation report;
ii
where an operator has failed to comply with the surrender requirements of the permit imposed in respect of the last scheme year for which the date for surrendering allowances in accordance with those requirements has passed, the annual reportable emissions in respect of which the operator failed so to comply;
iii
where the revocation notice is served in a scheme year in which an error in the report submitted by an operator under the monitoring and reporting requirements in relation to any earlier scheme year has been discovered, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the surrender requirements of the permit in respect of the scheme year to which the error relates; and
iv
where the notice has been served under regulation 14(1)(b), the total number of allowances which by the date on which the revocation notice is served have been issued in respect of the installation which would not have been issued if the operator had so complied.
2
A revocation notice must specify a period within which the fee for the revocation of the permit must be paid.
3
From the date on which the revocation notice takes effect —
a
the permit ceases to have effect to authorise the carrying out of a regulated activity or to require the monitoring of emissions; but
b
any conditions of the permit continue to have effect so far as they are not superseded by the requirements of that notice in accordance with sub-paragraphs (6) to (8) until the regulator certifies —
i
that those requirements and any surrender requirements of the permit imposed have been complied with, or
ii
that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.
4
From the scheme year following the relevant year, for the purposes of assessing compliance with the surrender requirements of the permit the amount of reportable emissions of the installation (before any increase in accordance with paragraph 2(5)) is deemed to be zero.
5
Where the regulator certifies in accordance with sub-paragraph (3)(b)(ii) that there is no reasonable prospect of further allowances being surrendered by the operator, the regulator must notify the registry administrator.
6
The requirements specified in a revocation notice pursuant to sub-paragraph (1)(a) and (b) are to be treated as if they were monitoring and reporting requirements of the permit.
7
Subject to paragraph (8), the requirements specified in a revocation notice pursuant to sub-paragraph (1)(c) are to be treated as if —
a
they were surrender requirements of the permit, and
b
the number of allowances required to be surrendered by the revocation notice were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.
8
Where the revocation report understates any reportable emissions, the requirement to surrender allowances equal to the amount of the understatement is not superseded by the requirements specified in the revocation notice.
9
Where the operator fails to comply with the requirements of a revocation notice included pursuant to sub-paragraph (1), the regulator must notify the registry administrator.
10
A regulator who has served a revocation notice may, at any time before the date on which it takes effect, withdraw the notice.
SCHEDULE 5
Excluded installations
Regulations 10(7) and 15
Interpretation
1
1
In this paragraph, “hospital” means —
a
any institution for the reception and treatment of persons suffering from illness;
b
any maternity home;
c
any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation;
d
any clinics, dispensaries or out-patient departments maintained in connection with an establishment mentioned in paragraphs (a) to (c);
e
any research or teaching facility that is associated with an establishment mentioned in paragraphs (a) to (c) which has as its primary purpose medical research or medical teaching;
f
any other facility which has as its primary purpose the provision of such services as are necessary to maintain the proper functioning of any establishment mentioned in paragraphs (a) to (d), including in particular —
i
blood transfusion services,
ii
catering services,
iii
laundry services, or
iv
medical sanitisation services.
2
For the purposes of sub-paragraph (1), “illness” includes any disorder or disability of the mind and any injury or disability requiring medical or dental treatment or nursing.
3
For the purposes of this Schedule, an installation primarily provides services to a hospital in a scheme year —
a
where no more than 15% of heat produced by the installation is exported to an establishment other than a hospital in that year; or
b
if the installation is not owned by a hospital, not less than 85% of heat produced by the installation is supplied to one or more hospitals in that year.
4
In this Schedule —
“emissions report” has the meaning given by paragraph 3(8)(b)(i);
“emissions target”, in relation to a scheme year, means an amount of reportable emissions specified in an excluded installation emissions permit as the target for the excluded installation in that year;
“maximum amount” means annual reportable emissions of 24,999 tonnes of carbon dioxide equivalent in any scheme year.
Conversion of a greenhouse gas emissions permit
2
1
Where a greenhouse gas emissions permit has been granted in respect of an installation that is an excluded installation, the regulator must vary the greenhouse gas emissions permit (with effect from a date to be included in the permit) so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 3.
2
When a permit is varied under sub-paragraph (1) —
a
the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation being an excluded installation; but
b
that is without prejudice to the duty to vary the permit in accordance with regulation 88(6).
3
A variation of a permit under this paragraph does not affect any obligations of the operator under the permit in respect of emissions arising prior to 1st January 2013.
Content of an excluded installation emissions permit
3
1
An excluded installation emissions permit must contain —
a
the name and postal address in the United Kingdom (including postcode) of the operator and any other address for correspondence specified by the operator;
b
the postal address and national grid reference of the installation (or for offshore installations equivalent information identifying the installation and its location);
c
a description of the installation, including —
i
the regulated activities to be carried out at the installation and the specified emissions from those activities; and
ii
the directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;
d
a description of the site and the location of the installation on that site;
e
an emissions target for each scheme year prior to 2021;
f
a monitoring plan (as defined in sub-paragraph (7));
g
the monitoring and reporting conditions (as defined in sub-paragraph (8));
h
the record keeping requirements (as defined in sub-paragraph (9)); and
i
any other conditions that the regulator considers appropriate to include in the permit.
2
The authority must exercise powers under section 40 of the Environment Act 1995, or regulation 37 of the Northern Ireland Regulations , to give the regulator directions as to the calculation of the emissions targets included under sub-paragraph (1)(e).
3
If the regulator has been directed to do so under an enactment mention in sub-paragraph (2) before 30th September in any scheme year, the regulator must vary the permit by substituting new emissions targets for the existing targets for each subsequent scheme year in order to take into account (to the extent and in the manner specified in the direction) —
a
any amendments to the Directive;
b
any amendments to the list adopted by the European Commission under Article 10a(13) of the Directive;
c
any amendments to Decision No. 406/2009/EC of the European Parliament and the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 ;
d
any measures relating to carbon budgets under the Climate Change Act 2008 ; or
e
any other matters mentioned in the direction.
4
An excluded installation emissions permit that is granted in respect of an installation which does not primarily provide services to a hospital must contain a condition requiring the operator to give notice to the regulator by the relevant date if the annual reportable emissions from the installation in any scheme year exceed the maximum amount.
5
An excluded installation emissions permit granted in respect of an installation which primarily provides services to a hospital must contain a condition requiring the operator to give notice to the regulator by the relevant date if the installation ceases to do so in any scheme year.
6
For the purposes of sub-paragraphs (4) and (5), the relevant date is 31st March in the year following the scheme year in question.
7
The monitoring plan is the plan approved in accordance with Articles 11 to 13 of the Monitoring and Reporting Regulation.
8
The monitoring and reporting conditions are —
a
a requirement to monitor the annual reportable emissions of the installation in accordance with —
i
the relevant provisions of the Monitoring and Reporting Regulation; and
ii
the monitoring plan (including the written procedures supplementing that plan);
b
a requirement to submit to the regulator, for each scheme year, by 31st March in the following year a report of the annual reportable emissions from the installation in accordance with the relevant provisions of the Monitoring and Reporting Regulation (“the emissions report”) that is either —
i
verified in accordance with the Verification Regulation, or
ii
accompanied by a notice declaring that —
aa
in preparing the emissions report the operator has complied with the relevant provisions of the Monitoring and Reporting Regulation;
bb
the operator has complied with the monitoring plan for the installation; and
cc
the report is free from material misstatements;
c
a requirement to satisfy the regulator, if an emission factor of zero has been reported in respect of the use of bioliquids, that the sustainability criteria set out in Article 17(2) to (5) of the Renewable Energy Directive have been fulfilled in accordance with Article 18(1) of that Directive; and
d
any further conditions that the regulator considers necessary to ensure that the operator complies with the relevant provisions of the Monitoring and Reporting Regulation.
9
The record keeping requirements are any conditions requiring the operator of an installation referred to in sub-paragraph (5) who has not given notice in accordance with that provision to —
a
maintain records demonstrating that it continues to primarily provide services to a hospital; and
b
comply with requests from the regulator to inspect those records for the purpose of verifying the accuracy of the records and of the emissions report.
10
In this paragraph, “relevant provisions” means the provisions specified in the permit as relevant for the purposes of monitoring and reporting emissions from excluded installations.
11
The authority must exercise powers under section 40 of the Environment Act 1995, or regulation 37 of the Northern Ireland Regulations, to give the regulator directions as to the provisions that are to be specified in accordance with sub-paragraph (10).
Activities during 2012: duty to notify regulator
4
1
An operator of an excluded installation which primarily provided services to a hospital before 2013, but ceased to do so during 2012, must give notice to the regulator of that cessation no later than 31st March 2013.
2
The operator of a relevant installation must give notice to the regulator no later than 31st March 2013 where the annual reportable emissions from the installation during 2012 exceeded the maximum amount.
3
For the purposes of sub-paragraph (2) an installation is a “relevant installation” if —
a
it is an excluded installation that does not primarily provides services to a hospital; and
b
the operator of the installation was, prior to 2013, not under any obligation to report its annual reportable emissions to the regulator.
Emissions target: duty not to exceed
5
An operator must ensure that annual reportable emissions from an excluded installation in a scheme year do not exceed the emissions target for that year.
Emissions target: increase in the capacity of an excluded installation
6
1
Where a capacity increase has occurred at an excluded installation after 30th June 2011, the operator may apply to the regulator for an increase in the emissions targets for the installation.
2
An application under sub-paragraph (1) must be made —
a
by 31st December in the year during which the capacity increase occurred or within 3 months of the date of the capacity increase, whichever is later; or
b
where the capacity increase occurred before 1st January 2013, by 30th June 2013.
3
The application must contain evidence demonstrating the following —
a
the date on which the capacity increase was put into operation;
b
that the increase is not temporary;
c
that the increase is in operation and is required for the purpose of carrying out the operator’s primary business activities;
d
in the case of a capacity increase at a heat sub-installation where measurable heat is produced otherwise than within the installation’s boundaries, that the increase is solely associated with measurable heat produced at the installation; and
e
any further matters that the regulator is required to take into account by a direction referred to in sub-paragraph (8).
4
Where the regulator receives an application under sub-paragraph (1), and is satisfied with information provided by the operator under sub-paragraph (3), the regulator may calculate new emissions targets for that and subsequent scheme years.
5
Where the regulator calculates new emissions targets pursuant to sub-paragraph (4), the regulator must vary the permit by substituting the new emissions targets for the existing targets.
6
Where after having varied the permit under sub-paragraph (5) the regulator is subsequently satisfied that the evidence provided by the operator under sub-paragraph (3) is incorrect or incomplete, the regulator may recalculate those new emissions targets and vary the permit accordingly by making a new substitution of emissions targets.
7
However, except where the excluded installation primarily provides services to a hospital, the increase in an emissions target under sub-paragraph (4) or (6) may not result in an emissions target which exceeds the maximum amount.
8
The authority must exercise powers under section 40 of the Environment Act 1995, or regulation 37 of the Northern Ireland Regulations, to give the regulator directions as to —
a
the further matters required to be taken into account when considering an application under sub-paragraph (1); and
b
the calculation or recalculation of emissions targets under sub-paragraphs (4) or (6).
9
In this paragraph —
a
“capacity increase” means an increase in a sub-installation’s installed capacity whereby one or more identifiable physical changes relating to its technical configuration and functioning other than a replacement of an existing production line takes place;
b
“installed capacity” means —
i
the sub-installation’s installed capacity on 30 June 2011; or
ii
in the case of an installation which has had a capacity increase since 30th June 2011, the installed capacity of the sub-installation following the last capacity increase;
c
“measurable heat” has the same meaning as in Article 3(e) of the Free Allocation Decision;
d
“sub-installation” has the meaning given in Article 3(b), (c), (d) and (h) and Article 6 of the Free Allocation Decision.
Banking an overachieved emissions target
7
1
Subject to sub-paragraph (2), in this paragraph “bankable amount” in relation to a scheme year means the difference between —
a
the emissions target for that year; and
b
the amount of reportable emissions stated in the emissions report for that year.
2
Where the carrying out of regulated activities at an excluded installation has been suspended for a period, in circumstances where the installation would be deemed to have permanently ceased the carrying out of regulated activities were it an installation to which Schedule 6 applied, the bankable amount is zero in relation to any scheme year in which that period (or any part of that period) falls.
3
For the purposes of deciding whether the circumstances mentioned in sub-paragraph (2) apply, the operator may make an application under paragraph 7(2) of Schedule 6.
4
Subject to sub-paragraph (5), where for any scheme year (“S”) the bankable amount is greater than zero the regulator —
a
may increase the emissions target for the installation for the following scheme year by the bankable amount; and
b
must in that case vary the permit by substituting that increased emissions target for the existing target.
5
Except where the excluded installation primarily provides services to a hospital, if increasing the emissions target under sub-paragraph (4) would result in an emissions target which exceeds the maximum amount, the increased emissions target must instead be equal to the maximum amount.
6
Where the amount of reportable emissions stated in the emissions report for S is amended following a determination of emissions under regulation 44(3), the regulator must —
a
calculate the bankable amount using the data as so determined; and
b
where an increased emissions target has been substituted under sub-paragraph (4)(b), make a further variation of the permit to substitute a revised emissions target.
7
Where an increased emissions target for a scheme year has been substituted following an application under paragraph 6(1), but the application was determined in the following year, the regulator must —
a
calculate any bankable amount for the scheme year using that increased target; and
b
vary the permit to substitute a revised emissions target for the following year, based on the amount so calculated.
Termination of an excluded installation emissions permit
8
1
Where the regulator is satisfied that —
a
the annual reportable emissions from an excluded installation which does not primarily provide services to a hospital have exceeded the maximum amount, or
b
an excluded installation has ceased to primarily provide services to a hospital,
the regulator must, as soon as is reasonably practicable, give a notice to the operator.
2
A notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given —
a
the installation will not be treated as an excluded installation; and
b
the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
3
This sub-paragraph applies where the regulator is satisfied that the operator of an excluded installation has —
a
committed a sufficiently serious breach of the conditions of the excluded installation emissions permit, or
b
failed to pay to the regulator the penalty imposed under regulation 56 within one month after the date specified in the penalty notice.
4
Where sub-paragraph (3) applies the regulator may revoke the permit under regulation 14 or give a notice to the operator in accordance with sub-paragraph (5).
5
The notice must state that, from the beginning of the scheme year following the year in which notice is given —
a
the installation will not be treated as an excluded installation; and
b
the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
6
Where notice is given under sub-paragraph (1) or (4), the regulator must vary the excluded installation emissions permit, with effect from the 1st January in the scheme year following the year in which the notice was given (“the date of conversion”), so that the provisions of the permit that satisfy the requirements of paragraph 3 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.
7
In varying a permit under sub-paragraph (6), the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation ceasing to be treated as an excluded installation.
8
A variation of a permit under sub-paragraph (6) does not affect any obligations of the operator under the permit in respect of emissions arising from activities prior to the date of conversion.
9
Where —
a
notice is given under sub-paragraph (1) or (4), and
b
the operator holds a registry account with excluded status in respect of the installation,
the regulator must give notice to the registry administrator, in accordance with the Registries Regulation 2011, to change the status of the account to open from the year beginning with the date of conversion.
10
Where sub-paragraph (3) applies and the permit is revoked, the regulator must give notice to the registry administrator in accordance with the Registries Regulation 2011 to close the account.
End of excluded installation status
9
1
By 1st July 2020 the regulator must give a notice to each operator of an excluded installation stating that, from 1st January 2021 —
a
the installation will not be treated as an excluded installation; and
b
the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
2
Sub-paragraphs (6) to (9) of paragraph 8 apply in respect of a notice given under sub-paragraph (1) of this paragraph as they apply to in respect of a notice give under paragraph 8(1).
SCHEDULE 6
Allocation and adjustment of allowances
Regulation 16(3)
Interpretation
1
1
In this Schedule —
a
“the allocation table” has the meaning given by regulation 79(2);
b
“new entrant reserve” means the reserve of allowances provided for under Article 10a(7) of the Directive;
c
“preliminary total annual amount of allowances” is that amount as calculated in accordance with Article 19(3) of the Free Allocation Decision;
d
“verified” means verified as satisfactory in accordance with Article 8 of the Free Allocation Decision (except that the reference to Decision 2007/589/EC in Article 8(3) is to be read as a reference to the Verification Regulation);
e
“year” means a scheme year in the trading period 2013 to 2020.
2
In this Schedule, the following expressions have the meanings given to them in Article 3 of the Free Allocation Decision —
“added capacity” (see Article 3(l));
“incumbent installation” (see Article 3(a));
“reduced capacity” (see Article 3(m));
“significant capacity extension” (see Article 3(i));
“significant capacity reduction” (see Article 3(j));
“start of changed operation” (see Article 3(o));
“start of normal operation” (see Article 3(n)).
3
This Schedule does not apply to —
a
an excluded installation (see regulation 15(3)(b)); or
b
an installation that, by virtue of Article 10a(3) of the Directive, is not eligible for an allocation.
Application for an allocation from the new entrant reserve: new entrants
2
1
Subject to sub-paragraph (2), where —
a
the permit for an installation was granted on or after 30th June 2011, or
b
the permit was granted before 30th June 2011, but the start of normal operation was on or after that date,
the operator of the installation may apply to the regulator for an allocation of allowances in respect of that installation from the new entrant reserve.
2
Such an application may not be made where —
a
the start of normal operation was before 30th June 2011; or
b
the installation has already been included in the list referred to regulation 16(2).
3
Any application under sub-paragraph (1) must be made —
a
before the end of the period of twelve months beginning with the start of normal operation of the installation, or
b
if that period expired before 1st February 2013, by that date.
4
The application must contain —
a
all relevant information regarding each parameter listed in Annex 5 to the Free Allocation Decision for each separate sub-installation;
b
the initial installed capacity for each sub-installation calculated by the operator in accordance with Article 17(4) of the Free Allocation Decision; and
c
subject to paragraph (5), a statement that the data referred to in paragraphs (a) and (b) have been verified.
5
If the date for the submission of the application in accordance with sub-paragraph (3) falls before 30th May 2013, the statement may be submitted separately from the application and by the latter date.
6
If the regulator approves the calculations of initial installed capacity the regulator must calculate —
a
the activity levels of the installation in accordance with Article 18(1) and (2) of the Free Allocation Decision;
b
the preliminary annual number of allowances to be allocated as from the start of normal operation of the installation for each sub-installation in accordance with Article 19(1) to (3) of the Free Allocation Decision; and
c
the preliminary total annual amount of allowances to be allocated to the installation.
7
The result of any calculation under sub-paragraph (6) must be included in the notice of the determination of an application under sub-paragraph (1).
Application for an allocation from the new entrant reserve: significant capacity extensions
3
1
Where an installation had a significant capacity extension —
a
after 30th June 2011, or
b
on or before that date, but where the added capacity was capable of determination only after 30th September 2011,
the operator of the installation may (subject to sub-paragraph (2)) apply to the regulator for an allocation of allowances from the new entrant reserve.
2
Any application under sub-paragraph (1) must be made —
a
before the end of the period of twelve months beginning with —
i
the start of changed operation of the installation, or
ii
in the case mentioned in paragraph (1)(b), the date of determination of added capacity; or
b
if that period expired before 1st February 2013, by that date.
3
The application must contain —
a
all relevant information regarding each parameter listed in Annex 5 to the Free Allocation Decision for each separate sub-installation;
b
the installed capacity, and a calculation of the added capacity, for each such sub-installation;
c
any other evidence necessary to demonstrate that the criteria for a significant capacity extension have been met; and
d
subject to sub-paragraph (4), a statement that the data referred to in paragraphs (a) to (c) have been verified.
4
If the date for the submission of the application in accordance with sub-paragraph (2) falls before 30th May 2013, the statement may be submitted separately from the application and by the latter date.
5
If the regulator approves the calculation of added capacity the regulator must calculate —
a
the activity levels (for the added capacity only) of the sub-installations to which the significant capacity extension applies in accordance with Article 18(1) and (2) of the Free Allocation Decision;
b
the preliminary number of allowances to be allocated for each sub-installation insofar as the extension is concerned in accordance with Articles 19(1) to (3) and 20 of the Free Allocation Decision; and
c
the preliminary total annual amount of allowances to be allocated to the installation insofar as the extension is concerned.
6
The result of any calculation under sub-paragraph (5) must be included in the notice of the determination of an application under sub-paragraph (1).
Notification of preliminary annual number of allowances: new entrants and significant capacity extensions
4
1
The regulator must, within 28 days after the date of the notice referred to in paragraph 2(6) or 3(5) notify the preliminary total annual amount calculated under paragraph 2(5)(c) or 3(4)(c) to —
a
the authority;
b
the Secretary of State (where the Secretary of State is not the authority); and
c
the European Commission, pursuant to Article 19(4) of the Free Allocation Decision.
2
Where the European Commission notifies the regulator that the preliminary total annual amount is rejected the regulator must, as soon as is reasonably practicable, notify the operator giving the reasons for rejection provided by the European Commission.
Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions
5
1
Where the European Commission approves the preliminary total annual amount notified under paragraph 4(1), the regulator must calculate the final total annual amount of allowances allocated to the installation concerned.
2
The regulator must, as soon as is reasonably practicable, notify the final total annual amount to —
a
the operator;
b
the authority;
c
the registry administrator; and
d
the Secretary of State (where the Secretary of State is not the authority).
3
For the purpose of this paragraph, the final total annual amount is the preliminary total annual amount, adjusted annually by the linear reduction factor referred to in Article 10a(7) of the Directive (using the preliminary total annual amount for 2013 as a reference).
Adjustment of allocation: significant capacity reductions
6
1
This sub-paragraph applies where a sub-installation has had a significant capacity reduction —
a
after 30th June 2011, or
b
on or before that date, but the extent of the reduction could not be determined before 30th September 2011.
2
Where sub-paragraph (1) applies the operator of the installation must, by the relevant date, submit to the regulator a notice containing —
a
a statement of the reduced capacity, and of the installed capacity of the sub-installation after taking into account the capacity reduction; and
b
a statement that the data submitted under paragraph (a) have been verified.
3
For that purpose —
a
the relevant date is the later of —
i
the last day of the period of 7 months following the date of the change of capacity;
ii
31st December in the year in which that change occurred; or
iii
1st February 2013; but
b
where the relevant date falls before 30th May 2013, the statement referred to in sub-paragraph (2)(b) need only be submitted by the latter date.
4
Once the operator has submitted the information required by sub-paragraph (2) the regulator must —
a
in accordance with Article 18 of the Free Allocation Decision, calculate the activity levels for the reduced capacity of the sub-installation to which the significant capacity reduction relates in accordance with Article 18(3) of the Free Allocation Decision;
b
in accordance with Article 21(2) of the Free Allocation Decision, reduce the preliminary annual number of allowances allocated to each sub-installation by the preliminary annual number of allowances allocated to the sub-installation concerned calculated in accordance with Article 19(1) of the Free Allocation Decision insofar as the significant capacity reduction is concerned; and
c
in accordance with Article 21(2) of the Free Allocation Decision, revise the preliminary total annual amount for the installation concerned in accordance with the methodology applied to determine the preliminary total annual amount prior to the significant capacity reduction.
5
The regulator must request the registry administrator to withhold the allocation of allowances to the operator of an installation for as long as any of the following circumstances obtains —
a
the regulator is investigating whether or not there has been a significant capacity reduction in relation to the installation;
b
the information required under sub-paragraph (2) —
i
has not been submitted in accordance with that sub-paragraph; or
ii
has been submitted but is insufficient;
c
the operator has submitted a notice under sub-paragraph (2)(a), but has not yet submitted the statement under sub-paragraph (2)(b);
d
the regulator is carrying out functions under sub-paragraph (4);
e
a notification has been given to the European Commission pursuant to paragraph 9(3)(d) and the notified amount of allowances has not yet been approved by the European Commission; or
f
a notification has been made to the registry administrator under regulation 80(11) but the necessary changes to the national allocation table have not yet been made.
6
The registry administrator must comply with a request made under sub-paragraph (5).
7
Where the regulator makes a request under sub-paragraph (5) the regulator —
a
must notify the operator of the decision to do so as soon as is reasonably practicable; and
b
may, if the regulator considers it appropriate to do so, subsequently notify the operator that —
i
the allocation of allowances will be permanently reduced; or
ii
the allowances (or a proportion of them) will be issued.
8
Where the European Commission approves the preliminary total annual amount of allowances notified under paragraph 9(1), the regulator must treat the installed capacity of the sub-installation after having had a significant capacity reduction as the sub-installation’s initial installed capacity when assessing any subsequent significant capacity change.
Adjustment of allocation to an installation: permanent cessations of regulated activities
7
1
For the purposes of this paragraph, an installation permanently ceases the carrying out of regulated activities where any of the following conditions are met —
a
the permit or a licence for the installation has been surrendered or revoked, or otherwise ceased to have effect;
b
the operation of regulated activities at the installation is technically impossible;
c
the installation was, but is no longer, carrying out regulated activities and it is technically impossible for it to resume doing so;
d
subject to sub-paragraphs (2) and (3), the operator —
i
has suspended the carrying out of regulated activities at the installation, and
ii
the carrying out of regulated activities has not recommenced within the period of 6 months following the date of the suspension.
2
The operator may apply to the regulator for the period of 6 months mentioned in sub-paragraph (1)(d) to be extended to a period not exceeding 18 months, on the ground that the carrying out of regulated activities at the installation cannot be recommenced within that period of 6 months due to exceptional and unforeseeable circumstances that could not have been avoided even if all due care had been exercised, and were beyond the control of the operator.
3
Sub-paragraph (1)(d) does not apply to an installation if it is kept in reserve or on standby, or is operated on a seasonal basis, provided that —
a
the operator holds a permit and a licence for the installation;
b
it is technically possible to commence the carrying out of regulated activities without making physical changes to the installation; and
c
regular maintenance of the installation is carried out.
4
Subject to sub-paragraph (5), no allocation of allowances to an installation may be made for any year following the year in which the installation has permanently ceased the carrying out of regulated activities.
5
Notwithstanding the provisions of paragraph 2(2)(b), where regulated activities at the installation recommence after the expiry of the period of 6 months following the date of suspension or any longer period allowed pursuant to sub-paragraph (2) (“the relevant period”), the operator may apply for an allocation of allowances under paragraph 2.
6
This sub-paragraph applies where the operator —
a
has suspended the carrying out of regulated activities at the installation; and
b
intends to recommence regulated activities before the expiry of relevant period.
7
Where sub-paragraph (6) applies, the operator may within a period of one month beginning with the date of suspension apply to the regulator for the suspension to be treated as temporary; and if the application is granted —
a
allowances may be issued to the installation notwithstanding that the relevant period has not expired; but
b
such an issue of allowances is without prejudice to sub-paragraph (4) and paragraph 11(1).
8
An application under sub-paragraph (7) must provide evidence that the carrying out of regulated activities will recommence within the relevant period.
9
The regulator must request the registry administrator to withhold the allocation of allowances to the operator of an installation for as long as any of the following circumstances obtains —
a
the regulator is investigating whether or not the installation has permanently ceased the carrying out of regulated activities;
b
an application under sub-paragraph (7) has been made but the application —
i
has not yet been determined, or
ii
has been refused and the relevant period has not yet expired;
c
an application under regulation 12(1) has been made but has not yet been determined;
d
a notice of surrender or revocation notice has been given but has not yet taken effect;
e
an appeal against such a notice has been made but has not been determined or withdrawn;
f
a notification has been made to the registry administrator under regulation 80(11) but the necessary changes to the allocation table have not yet been made.
10
The registry administrator must comply with a request made under sub-paragraph (9).
11
Where the regulator makes a request under sub-paragraph (9) the regulator —
a
must notify the operator of the decision to do so as soon as is reasonably practicable; and
b
may, if the regulator considers it appropriate to do so, subsequently notify the operator that —
i
the allocation of allowances will be permanently reduced; or
ii
the allowances (or a proportion of them) will be issued.
12
In this paragraph —
a
a “licence” for an installation is a permit in force issued in relation to that installation in accordance with —
i
Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control , as amended for time to time; or
ii
Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) , as amended for time to time;
b
“relevant period” has the meaning given in sub-paragraph (5).
Adjustment of allocation to an installation: partial cessation of regulated activities
8
1
For the purposes of this paragraph, an installation partially ceases regulated activities where sub-paragraph (2) applies in relation to that installation.
2
This sub-paragraph applies where one sub-installation of the installation which contributes to —
a
at least 30% of the final annual amount of allowances allocated to the installation, or
b
the allocation of more than 50,000 allowances,
reduces its activity level in a given year by at least 50% compared to the activity level originally used for calculating the sub-installation’s allocation (“initial activity level”).
3
However, following a partial transfer, sub-paragraph (2) applies as follows —
a
the amount of allowances transferred to the transferred units, in accordance with paragraph 3(2) of Schedule 4, is to be treated as the final annual amount of allowances allocated to the installation for the purposes of this paragraph; and
b
the activity level calculated in accordance with paragraph 3(2)(b)(i) of Schedule 4 is to be treated as the initial activity level for the purposes of this paragraph.
4
Where an installation partially ceases regulated activities —
a
the operator must notify the regulator that such a reduction in activity level has occurred, stating the amount of that reduction and the sub-installation to which it applies —
i
by 31st December in the year in which the reduction occurred, or
ii
within one month after the date on which it occurred, if later; and
b
the regulator must —
i
adjust the allocation of allowances in accordance with sub-paragraph (6),
ii
revise the preliminary annual number of allowances allocated to each sub-installation; and
iii
revise the preliminary total annual amount of allowances to be allocated, commencing with the year following the year in which the reduction in activity level occurred.
5
Where a sub-installation of an installation that contributes as described in sub-paragraph (2)(a) or (b) reduced its activity level in 2012 by at least 50% compared to the initial activity level —
a
the operator must by 1st February 2013 notify the regulator that such a reduction in activity level has occurred, stating the amount of that reduction and the sub-installation to which it applies; and
b
the regulator must take the action described in sub-paragraph (4)(b).
6
Where the activity level of a sub-installation is reduced —
a
by 50% or more but less than 75% compared to the initial activity level, the operator is entitled to receive a quantity of allowances representing half of the final annual amount of allocated allowances in respect of that sub-installation, commencing with the year following the year during which the reduction took place;
b
by 75% or more but less than 90% compared to the initial activity level, the operator is entitled to receive a quantity of allowances representing 25% of the final annual amount of allocated allowances in respect of that sub-installation, commencing with the year following the year during which the reduction took place;
c
by 90% or more, the operator is entitled to no allowances in respect of that sub-installation, commencing with the year following the year during which the reduction took place.
7
Where, following such reduction, the activity level of a sub-installation subsequently reaches more than —
a
50% compared to the initial activity level, the operator is entitled to receive a quantity of allowances equal to the full quantity of the final annual amount of allowances allocated in respect of that sub-installation, commencing with the year following the year during which the activity level exceeded 50%;
b
25% compared to the initial activity level, the operator is entitled to receive a quantity of allowances equal to half of the final annual amount of allowances allocated in respect of that sub-installation, commencing with the year following the year during which the activity level exceeded 25%.
8
Where sub-paragraph (7) applies —
a
the operator must take the action described in sub-paragraph (4)(a) in relation to the subsequent change; and
b
the regulator must —
i
adjust the allocation of allowances in accordance with sub-paragraph (7);
ii
revise the preliminary annual number of allowances allocated to each sub-installation; and
iii
revise the preliminary total annual amount of allowances to be allocated, commencing with the year following the year in which the subsequent change occurred.
9
The regulator must request the registry administrator to withhold the allocation of allowances to the operator of an installation for as long as any of the following circumstances obtains —
a
the regulator is investigating whether or not the installation has partially ceased regulated activities;
b
the information required under sub-paragraph (4) —
i
has not been submitted in accordance with that sub-paragraph; or
ii
has been submitted but is insufficient;
c
the regulator is carrying out functions under sub-paragraph (4)(b);
d
a notification has been given to the European Commission pursuant to paragraph 9(3)(d) and the notified amount of allowances has not yet been approved by it;
e
a notification has been made to the registry administrator under regulation 80(11) but the necessary changes to the allocation table have not yet been made.
10
The registry administrator must comply with a request made under sub-paragraph (9).
11
Where the regulator has made a request under sub-paragraph (9) the regulator —
a
must notify the operator of the decision to do so as soon as is reasonably practicable; and
b
may, if the regulator considers it appropriate to do so, subsequently notify the operator that —
i
the allocation of allowances will be permanently reduced; or
ii
the allowances (or a proportion of them) will be issued.
12
In this paragraph “activity level” means (subject to sub-paragraph (3)(b)) the activity level used for calculating the sub-installation’s allocation in accordance with Article 9 of the Free Allocation Decision (or, where applicable, Article 18).
Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities
9
1
The regulator must, within 28 days after the date of making a calculation under —
a
paragraph 6(4)(c) (significant capacity reductions); or
b
paragraph 8(4)(b) or (8)(b) (partial cessation of regulated activities),
notify the revised preliminary total annual amount of allowances to the persons mentioned in sub-paragraph (3).
2
A notice given to the operator under paragraph (1) may specify a period within which a fee for making the calculation must be paid.
3
Those persons are —
a
the operator;
b
the authority;
c
the Secretary of State (where the Secretary of State is not the authority); and
d
the European Commission, pursuant to Article 24(2) of the Free Allocation Decision.
4
Where the European Commission notifies the regulator that the revised preliminary total annual amount of allowances is rejected the regulator must, as soon as is reasonably practicable, notify the operator giving the reasons for rejection provided by the European Commission.
Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities
10
1
Where the European Commission approves the revised preliminary total annual amount of allowances notified under paragraph 9(1), the regulator must calculate the revised final total annual amount of allowances allocated to the installation concerned.
2
For the purposes of sub-paragraph (1) the final total annual amount is —
a
the revised preliminary total annual amount notified under paragraph 9(1), but
b
in the case of a significant capacity reduction, that amount as adjusted by multiplying that number of allowances by the cross-sectoral correction factor under Article 10(9) of the Free Allocation Decision.
3
The regulator must, as soon as is reasonably practicable, notify the final total annual amount to —
a
the operator;
b
the registry administrator;
c
the authority; and
d
the Secretary of State (where the Secretary of State is not the authority).
Recovery of allowances
11
1
This sub-paragraph applies where an operator (“P”) has been issued allowances to which P is not entitled as a result, in particular, of —
a
a failure to notify the regulator of any change to an installation’s capacity, activity level or operation;
b
the installation’s allocation not being adjusted in sufficient time to prevent such an over-allocation of allowances;
c
the installation having permanently ceased the carrying out of regulated activities despite allowances having been issued under paragraph 7(7); or
d
an error of the regulator or registry administrator.
2
Where sub-paragraph (1) applies, the regulator must give a notice to P instructing P to return a sum of allowances equal to those to which P is not entitled.
3
The notice under sub-paragraph (1) must specify —
a
the number of allowances to which the operator is not entitled;
b
the reasons why the operator is not entitled to those allowances;
c
the process by which those allowances must be returned; and
d
the date by which those allowances must be returned.
4
An operator must comply with a notice given under sub-paragraph (2).
SCHEDULE 7
Allocation of aviation allowances
Regulation 30(a)
Purpose of this Schedule
1
1
This Schedule sets out the requirements that must be satisfied by a UK administered operator (“P”) who wishes to apply for an allocation of aviation allowances issued under Article 3e of the Directive in any trading period other than 2013 to 2020.
2
Paragraph 10 provides for the recovery of aviation allowances to which a UK administered operator is not entitled, and applies to aviation allowances issued following an application made under Schedule 8 as well as one made under this Schedule.
Application for a benchmarking plan
2
1
P must apply to the regulator for a plan in accordance with Article 51(2) of the Monitoring and Reporting Regulation (a “benchmarking plan”).
2
That application must contain a plan to monitor tonne-kilometre data from P’s aviation activity (together with supporting documents) submitted under Article 12(1) of the Monitoring and Reporting Regulation.
Issue of a benchmarking plan
3
1
Where P has made an application under paragraph 2 the regulator must, by notice given to P —
a
issue a benchmarking plan to P; or
b
where sub-paragraph (2) applies, refuse the application.
2
This sub-paragraph applies where —
a
the regulator is not satisfied that the plan proposed in the application complies with the Monitoring and Reporting Regulation; and
b
P has not agreed to amendments of the plan that so satisfy the regulator.
3
Where the regulator by notice refuses to issue a benchmarking plan under sub-paragraph (1)(b), the notice must state what changes must be made to the proposed plan for the purposes of any fresh application under paragraph 2.
Amendment of a benchmarking plan
4
1
P must apply to the regulator to vary P’s benchmarking plan where any significant modifications of that plan are necessary by virtue of Articles 14 and 15 of the Monitoring and Reporting Regulation.
2
Where the regulator varies the plan following an application under paragraph (1), any reference in this paragraph or in paragraph 5 to a benchmarking plan is a reference to the plan as so varied.
Monitoring tonne-kilometre data
5
P must monitor tonne-kilometre data from P’s aviation activity carried out in the benchmarking year in accordance with —
a
the benchmarking plan issued under paragraph 3 (including the written procedures supplementing that plan); and
b
the Monitoring and Reporting Regulation.
Reporting tonne-kilometre data
6
P must —
a
prepare a verified report of tonne-kilometre data monitored in accordance with paragraph 5;
b
ensure that the report complies with the Monitoring and Reporting Regulation and the Verification Regulation; and
c
make an application for an allocation by submitting the report to the regulator by 31st March in the year after the benchmarking year.
Submission of the report to the Secretary of State and the European Commission
7
1
Where P has made an application under paragraph 6(c) the regulator must —
a
grant the application and submit the report to the Secretary of State; or
b
subject to sub-paragraph (2), refuse the application where the regulator is not satisfied that P has complied with the requirements of this Schedule.
2
The regulator may grant the application under sub-paragraph (1)(a) where P has otherwise complied with the requirements of this Schedule but failed to comply with the deadline in Article 51(2) of the Monitoring and Reporting Regulation or in paragraph 6(c).
3
Where the regulator refuses the application under sub-paragraph (1)(b), the notice of determination must state the regulator’s reasons for doing so.
4
The Secretary of State must, by 30th June in the year after the benchmarking year, submit to the European Commission any report submitted under sub-paragraph (1)(a).
Publication of aviation allowances
8
1
Within the period of 3 months beginning with the date on which the Commission adopts a decision under Article 3e(3) of the Directive in respect of a trading period, the Secretary of State must (in accordance with Article 3e(4)) calculate and publish —
a
the total allocation of aviation allowances for the period to each UK administered operator whose report was submitted under paragraph 7(4); and
b
the allocation of aviation allowances to each such UK administered operator for each year of the period.
2
Sub-paragraph (1) is subject to regulation 47 (national security).
Force majeure
9
1
Paragraphs 4 to 8 are subject to the provisions of Article 68 of the Monitoring and Reporting Regulation (which apply where a person cannot monitor and report tonne-kilometre data because of serious and unforeseeable circumstances outside that person’s control).
2
The Secretary of State must notify to the registry administrator any revised allocation of aviation allowances published by the Secretary of State under Article 68(3) of that Regulation.
Recovery of allowances
10
1
This sub-paragraph applies where a UK administered operator (“Q”) —
a
has a duty to return excess aviation allowances under Article 68(3) of the Monitoring and Reporting Regulation; or
b
has otherwise been issued aviation allowances to which Q is no longer entitled as a result, in particular, of —
i
Q having ceased to perform an aviation activity; or
ii
an error of the regulator or registry administrator.
2
Where sub-paragraph (1) applies, the regulator must give notice to Q instructing Q to return a sum of aviation allowances equal to those to which Q is not entitled.
3
The notice under sub-paragraph (2) must specify —
a
the number of aviation allowances to which Q is not entitled;
b
the reason why Q is not entitled to them;
c
the process by which they must be returned; and
d
the date by which they must be returned.
4
Q must comply with a notice given under sub-paragraph (2).
SCHEDULE 8
Allocation of aviation allowances from the special reserve
Regulation 30(b)
Purpose of this Schedule
1
1
This Schedule sets out the requirements that must be satisfied by an eligible person (“R”) who wishes to apply for an allocation of allowances issued from the special reserve under Article 3f of the Directive in any trading period.
2
For that purpose, and subject to sub-paragraphs (3) and (4), an eligible person in a trading period is —
a
a person who becomes a UK aircraft operator after the benchmarking year for that trading period; or
b
a UK aircraft operator whose tonne-kilometre data in the second calendar year in the trading period exceeds by more than 93.9% its tonne-kilometre data in the benchmarking year for that trading period.
3
A person is not an eligible person by virtue of sub-paragraph (2)(a) if that person has previously received an allocation of aviation allowances for that trading period.
4
A person within sub-paragraph (2)(a), or a UK aircraft operator within sub-paragraph (2)(b), who would otherwise qualify as an eligible person by virtue of performing an aviation activity does not so qualify where that aviation activity is in whole or part a continuation of an activity previously performed by another person who is or has been a person falling within the definition of “aircraft operator” in Article 3(o) of the Directive.
Application for a benchmarking plan
2
1
R must apply to the regulator for a benchmarking plan in accordance with Article 51(2) of the Monitoring and Reporting Regulation.
2
That application must contain a plan to monitor tonne-kilometre data from R’s aviation activity (together with supporting documents) submitted under Article 12(1) of the Monitoring and Reporting Regulation.
Issue of a benchmarking plan
3
1
Where R has made an application under paragraph 2 the regulator must, by notice given to R —
a
issue a benchmarking plan to R; or
b
where sub-paragraph (2) applies, refuse to issue such a plan.
2
This sub-paragraph applies where —
a
the regulator is not satisfied that the plan proposed in the application complies with the Monitoring and Reporting Regulation; and
b
P has not agreed to amendments of the plan that satisfy the regulator.
3
Where the regulator by notice refuses to issue a benchmarking plan under sub-paragraph (1)(b), the notice must state what changes must be made to the proposed plan for the purposes of any fresh application under paragraph 2.
Amendment of a benchmarking plan
4
1
R must apply to the regulator to the vary the benchmarking plan where any significant modifications of that plan are necessary by virtue of Articles 14 and 15 of the Monitoring and Reporting Regulation.
2
Where the regulator varies the plan following an application under sub-paragraph (1), any reference in this paragraph or in paragraph 5 to a benchmarking plan is a reference to the plan as so varied.
Monitoring tonne-kilometre data
5
R must monitor tonne-kilometre data from R’s aviation activity carried out in the benchmarking year in accordance with —
a
the benchmarking plan issued under paragraph 3 (including the written procedures supplementing that plan); and
b
the Monitoring and Reporting Regulation.
Application for an allocation of allowances
6
1
R must apply to the regulator by 30th June in the third year of a trading period.
2
That application must —
a
contain evidence that R is an eligible person under paragraph 1(2);
b
include a verified report of R’s tonne-kilometre data monitored in accordance with paragraph 5;
c
ensure that the report complies with the Monitoring and Reporting Regulation and the Verification Regulation; and
d
where R is eligible by virtue of paragraph 1(2)(b), include evidence of —
i
the percentage increase in R’s tonne-kilometres from the benchmarking year to the second calendar year in the trading period;
ii
the increase in R’s tonne-kilometres from the benchmarking year to the second calendar year in the trading period; and
iii
the amount in tonne-kilometres by which R exceeds the percentage in paragraph 1(2)(b) in the second calendar year in the trading period.
Submission of an application to the Secretary of State and to the European Commission
7
1
Where R has made an application under paragraph 6 the regulator must —
a
grant the application and forward it to the Secretary of State; or
b
subject to sub-paragraph (2), refuse the application where the regulator is not satisfied that R has complied with the requirements of this Schedule.
2
The regulator may grant the application under sub-paragraph (1)(a) where R has otherwise complied with the requirements of this Schedule but failed to comply with the deadline in Article 51(2) of the Monitoring and Reporting Regulation or in paragraph 6(1).
3
Where the regulator refuses the application under sub-paragraph (1)(b), the notice of determination must state the regulator’s reasons for doing so.
4
The Secretary of State must submit an application received under sub-paragraph (1)(a) to the European Commission within 6 months of the deadline in paragraph 6(1).
Publication of aviation allowances from the special reserve
8
1
Within the period of 3 months beginning with the date on which the Commission adopts a decision under Article 3f(5) of the Directive in respect of a trading period, the Secretary of State must (in accordance with Article 3f(7)) calculate and publish —
a
the total allocation of aviation allowances for the period from the special reserve to each UK administered operator whose application was submitted under paragraph 7(4); and
b
the allocation of aviation allowances to each such UK administered operator for each remaining year of the period.
2
Sub-paragraph (1) is subject to regulation 47 (national security).
SCHEDULE 9
Detention and sale of aircraft
Regulation 39(3)
Interpretation
1
In this Schedule —
“aerodrome” has the meaning given to it in section 105(1) of the Civil Aviation Act 1982 ;
“aerodrome operator” means the person for the time being having the management or control of an aerodrome;
“aircraft documents” has the meaning given by section 88(10) of the Civil Aviation Act 1982 ;
“airport charges” means charges payable to the owner or manager of an aerodrome for the use of, or for services provided at, an aerodrome (but does not include charges payable by virtue of section 73 of the Transport Act 2000 );
“civil penalty” means any civil penalty which is due under regulation 50, under regulation 21 of the 2009 Regulations or regulation 30 of the 2010 Regulations (even where the failure giving rise to that civil penalty arose before 1st January 2012);
“the court” means —
in relation to England, Wales and Northern Ireland, the High Court; and
in relation to Scotland, the Court of Session;
“defaulting operator” means a person who falls under regulation 39(1)(a) or (b);
“operating ban” means an operating ban imposed under Article 16(10) of the Directive;
“regulator expenses” means any expenses incurred by the regulator in detaining, keeping or selling an aircraft, including —
any sums recovered from the regulator under paragraph 7(2) or regulation 21(2), or any sums under paragraph 2(4)(b) of Schedule 10 that have not been recovered under paragraph 2(5) of that Schedule;
any expenses in connection with the application to the court under paragraph 4; and
any regulator expenses that are deemed to be added by virtue of paragraph 3(2).
Sale following detention of aircraft
2
Where an aircraft has been detained —
a
under regulation 39(1)(a) and the defaulting operator has not paid the civil penalty and regulator expenses within the period of —
i
56 days beginning with the date on which the detention began; or
ii
21 days beginning with the date of service of a notice under paragraph 8(2), if later; or
b
under regulation 39(1)(b) and —
i
the operating ban has not been lifted within the period of 56 days beginning with the date on which the detention began; and
ii
the defaulting operator has not paid the regulator expenses,
the regulator may, subject to the following provisions of this Schedule, sell that aircraft.
Release of aircraft
3
1
The regulator must not detain, or continue to detain, or sell an aircraft if —
a
following detention, the regulator no longer has reason to believe the defaulting operator is the operator of the aircraft;
b
in relation to a detention under regulation 39(1)(a), the defaulting operator —
i
has exercised a right of appeal in respect of the civil penalty for which the aircraft has been detained;
ii
gives to the regulator, pending the determination or withdrawal of the appeal, sufficient security for the payment of that civil penalty and any other civil penalty that the defaulting operator has not paid; and
iii
pays to the regulator the regulator expenses;
c
the defaulting operator or any other person claiming an interest in the aircraft demonstrates to the satisfaction of the regulator that the defaulting operator is no longer entitled to possession of the detained aircraft, or no longer entitled to possession of a part of it, in particular by virtue of the termination of any lease of the aircraft or of any part;
d
in relation to a detention under regulation 39(1)(a), the defaulting operator pays to the regulator —
i
the civil penalty for which the aircraft has been detained;
ii
any other civil penalty that the defaulting operator has not paid; and
iii
the regulator expenses;
e
in relation to a detention under regulation 39(1)(b) —
i
the operating ban imposed on the defaulting operator is lifted; and
ii
the defaulting operator pays to the regulator any regulator expenses; or
f
in relation to a detention under regulation 39(1)(b) —
i
the regulator is satisfied that the aircraft will not be flown from the aerodrome in contravention of the operating ban; and
ii
the defaulting operator pays to the regulator any regulator expenses.
2
Where an aircraft has been detained, but subsequently released under sub-paragraph (1)(c), any unpaid regulator expenses incurred in relation to that detention are deemed to be added to any regulator expenses that may subsequently be incurred in relation to an aircraft of which the defaulting operator is the operator.
Court procedures
4
1
The regulator must not sell an aircraft under paragraph 2 without the leave of the court.
2
The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(a) except where it is satisfied that —
a
a civil penalty is due to the regulator;
b
the UK administered operator has not paid the civil penalty to the regulator; and
c
the regulator is entitled to apply to the court for leave to sell the aircraft.
3
The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(b) except where it is satisfied that —
a
an operating ban has been imposed on the person who is the operator of the aircraft;
b
the operating ban has not been lifted before the expiry of the period mentioned in paragraph 2(b); and
c
the regulator is entitled to apply to the court for leave to sell the aircraft.
4
Before applying to the court for leave under sub-paragraph (1) the regulator must, in accordance with the procedure set out in paragraph 8 —
a
take steps for bringing the proposed application to the notice of any person who may have an interest in the aircraft; and
b
afford those persons an opportunity of becoming a party to the proceedings.
5
Where leave is given under sub-paragraph (1) the regulator must sell the aircraft for the best price that can be reasonably obtained.
6
Failure to comply with sub-paragraph (4) or (5) does not make a sale void or voidable.
Proceeds of sale
5
1
The proceeds of any sale under this Schedule must be applied by the regulator in the following order —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of any regulator expenses that remain unpaid;
c
in payment of any charges in respect of any aircraft operated by the defaulting operator which the court has found to be due by virtue of section 73(1) of the Transport Act 2000;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the defaulting operator to the person entitled to levy charges in respect of the aerodrome at which the aircraft was detained under regulation 39(1);
e
in relation to a detention under regulation 39(1)(a), in payment of the civil penalty in respect of which the aircraft was detained and sold;
f
in payment of any other civil penalty that the defaulting operator has not paid.
2
The regulator must, after making the payments under sub-paragraph (1), pay any residue from the proceeds of sale to the person or persons whose interests have been divested by reason of the sale.
Equipment and documents
6
1
The power to detain and sell an aircraft under regulation 39 and this Schedule includes the power to detain and sell equipment and stores carried in the aircraft provided it is the property of the defaulting operator; and for that purpose references to the aircraft include references to any such equipment and stores.
2
The power of detention under regulation 39 extends to any aircraft documents carried in the aircraft, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the regulator to the purchaser.
Assistance of aerodrome operator
7
1
An aerodrome operator must provide such reasonable assistance and advice as the regulator may require in connection with any of the regulator’s functions under this Schedule.
2
An aerodrome operator is entitled to recover from the regulator a sum equal to any expense reasonably incurred in providing the regulator with assistance or advice under sub-paragraph (1).
Procedure for applying for leave to sell an aircraft
8
1
The following procedure applies where the regulator proposes to apply to the court for leave to sell an aircraft under paragraph 4.
2
At least 21 days before applying to the court the regulator must, unless it is impracticable to so do, serve a notice in accordance with sub-paragraph (5) on —
a
the person in whose name the aircraft is registered;
b
any person who appears to the regulator to be the owner of the aircraft;
c
any person who appears to the regulator to be a charterer of the aircraft whether or not by demise;
d
any person who appears to the regulator to have the management of the aircraft for the time being;
e
any person who appears to the regulator to be the operator of the aircraft;
f
any person who is registered as a mortgagee of the aircraft under an Order in Council made under section 86 of the Civil Aviation Act 1982 or who appears to the regulator to be a mortgagee of the aircraft under the law of any country other than the United Kingdom;
g
any other person who appears to the regulator to have a proprietary interest in the aircraft or any part of it.
3
Where a person who has been served with a notice in accordance with sub-paragraph (2) informs the regulator within the period of 14 days beginning with the day following service of the notice of the person’s desire to become a party to the proceedings, the regulator must make that person a party to the application.
4
At the same time as serving any notice under sub-paragraph (2), the regulator must publish a copy of that notice —
a
in the London Gazette and —
i
if the aircraft is detained in Scotland, the Edinburgh Gazette, or
ii
if it is detained in Northern Ireland, the Belfast Gazette; and
b
in one or more local newspapers circulating in the locality in which the aircraft is detained.
5
A notice under sub-paragraph (2) must —
a
state the nationality and registration marks of the aircraft;
b
state the type of aircraft;
c
state, as the case may be, the matters mentioned in sub-paragraph (6) or (7);
d
invite the person to whom the notice is given to inform the regulator within 14 days after the date of service of the notice if the person wishes to become a party to the proceedings on the application.
6
The matters mentioned in this sub-paragraph are that —
a
by reason of default in the payment of a civil penalty, the regulator, on a date specified in the notice, detained the aircraft under these Regulations; and
b
unless payment of the sum so due is made within a period of —
i
56 days beginning with the date when the detention began, or
ii
21 days after the date of service of the notice, if later,
the regulator may (subject to the provisions of this Schedule) apply to the court for leave to sell the aircraft.
7
The matters mentioned in this sub-paragraph are that —
a
by reason of an operating ban having been imposed on the operator of the aircraft under Article 16(10) of the Directive the regulator, on a date specified in the notice, detained the aircraft under these Regulations; and
b
unless the operating ban has been lifted within the period of 56 days beginning with the date on which the detention began and the operator of the aircraft has paid the regulator expenses by a date specified in the notice, the regulator may (subject to the provisions of this Schedule) apply to the court for leave to sell the aircraft.
8
A notice under sub-paragraph (2) must be served by the regulator —
a
delivering it to the person to whom it is to be sent;
b
leaving it at that person’s usual or last known place of business or abode;
c
sending it, addressed to that person at that person’s usual or last known place of business or abode, by a registered post service or by a postal service which provided for the delivery of the notice by post to be recorded; or
d
if the person to whom it is to be sent is an incorporated company or body, delivering it to the secretary, clerk or other appropriate officer of the company or body at its registered or principal office or sending it, addressed to the secretary, clerk or other officer of the company or body at that office, by a registered post service or by a postal service which provides for the delivery of the notice by post to be recorded.
9
In sub-paragraph (8), “registered post service” and “postal service” have the meaning given in section 125(1) of the Postal Services Act 2000 ; and any notice which is sent by a postal service in accordance with that sub-paragraph to a place outside the United Kingdom must be sent by air mail or by some other equally expeditious means.
SCHEDULE 10
Aircraft operating bans
Regulation 40
Application for an operating ban
1
1
Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the Directive to impose an operating ban on a UK administered operator (“A”), the Secretary of State must first —
a
receive consent from —
i
the Scottish Ministers, where SEPA is the regulator;
ii
the Welsh Ministers, where A’s registered office is in Wales;
iii
the Department of the Environment in Northern Ireland, where the chief inspector is the regulator; and
b
give notice to the regulator.
2
A notice under sub-paragraph (1)(b) may require relevant information to be provided to the Secretary of State by a deadline specified in the notice, and may require in particular —
a
evidence that A has not complied with obligations under these Regulations; and
b
details of any enforcement action against A that has been taken by the regulator.
3
Following the giving of notice under sub-paragraph (1)(b) and, where applicable, the provision of information under sub-paragraph (2), the Secretary of State must give notice to A.
4
A notice under sub-paragraph (3) must —
a
include a copy of any information provided under sub-paragraph (2);
b
include a copy of the request that the Secretary of State intends to send to the European Commission;
c
give A an opportunity to make representations before the Secretary of State makes the request; and
d
set out the deadline by which those representations must be made.
Enforcement of an operating ban
2
1
Where the European Commission has adopted a decision to impose an operating ban on a person (“P”) under Article 16(10) of the Directive, the regulator must take all reasonable steps to ensure that P does not operate a flight that departs from or arrives in the United Kingdom.
2
The steps a regulator may take under sub-paragraph (1) include —
a
subject to sub-paragraph (3), issuing to aerodrome operators (or to any other person) any direction that the regulator deems necessary to enforce the ban;
b
detaining and selling any aircraft of which P is the operator, in accordance with regulation 39(1)(b) and Schedule 9.
3
Before issuing a direction under sub-paragraph (2)(a) the regulator must receive approval from the authority and (where different) the relevant authority.
4
A person to whom a direction is issued under sub-paragraph (2)(a) —
a
must comply with that direction, but
b
is entitled to recover from the regulator a sum equal to any expense reasonably incurred by that person in complying with the direction.
5
The regulator is entitled to recover as a civil debt from the operator concerned all sums incurred under sub-paragraph (4).
6
In sub-paragraph (3) “relevant authority” means, where the principal place of business of the person to be directed is —
a
in Wales, the Welsh Ministers;
b
in Scotland, the Scottish Ministers;
c
in Northern Ireland, the Department of the Environment in Northern Ireland;
d
not in Wales, Scotland or Northern Ireland, the Secretary of State.
SCHEDULE 11
Appeals to the Scottish Ministers
Regulation 78(1) and (3)
PART 1
1
1
Any person who wishes to appeal to the Scottish Ministers (“the appeal body”) under regulation 73(1) against a decision of SEPA must —
a
give to the appeal body written notice of the appeal together with the documents specified in sub-paragraph (2); and
b
at the same time, send to the regulator a copy of that notice together with copies of the documents specified in sub-paragraph (2)(a) and (e).
2
The documents mentioned in sub-paragraph (1) are —
a
a statement of the grounds of appeal;
b
a copy of any relevant application;
c
a copy of any relevant monitoring plan, aviation emissions plan, or benchmarking plan (as defined by regulation 20);
d
a copy of any relevant correspondence between the appellant and the regulator;
e
a copy of any notice (or particulars of any deemed refusal) which is the subject matter of the appeal; and
f
a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
3
An appellant may withdraw an appeal by notifying the appeal body in writing and must send a copy of that notification to the regulator.
2
1
Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given before the expiry of the period of 24 days beginning with the date that the decision takes effect.
2
The appeal body may in a particular case allow notice of appeal to be given after the expiry of the period in sub-paragraph (1) where they are satisfied that there was good reason for the applicant’s failure to bring the appeal in time.
3
1
The regulator must, within 16 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.
2
A notice under sub-paragraph (1) must —
a
state that notice of appeal has been given;
b
state the name of the appellant;
c
describe the decision or notice to which the appeal relates;
d
state that if a hearing is to be held wholly or partly in public, an interested party will be notified of the date of the hearing; and
e
state that an affected party may request to be heard at a hearing.
3
An interested party may request the regulator to provide a copy of the documents set out in paragraph 1(2) for the purposes of the appeal only and where such a request is made the regulator must provide the documents as soon as is reasonably practicable.
4
An interested party —
a
may make representations with respect to the appeal to the appeal body in writing within 16 days beginning with the date of the notice under sub-paragraph (1);
b
must, when making those representations, state whether or not their civil rights will be determined in the appeal, and, if so, which civil rights will be determined.
5
The appeal body must provide a copy of any representations made under sub-paragraph (4) to the appellant and the regulator.
6
The regulator must, within 8 days of sending a notice under sub-paragraph (1), notify the appeal body of the persons to whom and the date on which the notice was sent.
7
The appeal body must, as soon as possible after receiving representations under sub-paragraph (4), determine whether an interested party is an affected party.
8
In the event of an appeal being withdrawn, the regulator must give notice of the withdrawal to all interested parties.
4
1
Before determining an appeal, the appeal body may afford the appellant, the regulator and any affected party an opportunity of appearing before and being heard by a person appointed by the appeal body (the “person holding the hearing”) and it must do so in any case where a request is made by the appellant, the regulator or any affected party.
2
A hearing held under sub-paragraph (1) may, if the person holding the hearing so decides, be held wholly or partly in private.
3
Where the appeal body causes a hearing to be held under sub-paragraph (1) it must give the appellant, the regulator and any affected party at least 24 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.
4
In the case of a hearing which is to be held wholly or partly in public, the appeal body must, at least 24 days before the date fixed for the holding of the hearing —
a
publish a copy of the notice referred to in sub-paragraph (3) in a newspaper circulating in the locality in which the installation is operated, or (as the case may be) in an appropriate international aviation publication; and
b
serve a copy of that notice on every interested party who has made representations in writing to the appeal body.
5
The appeal body may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) apply to the variation of a date as they applied to the date originally fixed.
6
The appeal body may vary the time or place for the holding of a hearing and must give such notice of any such variation as appears to the appeal body to be reasonable.
7
The persons entitled to be heard at a hearing are the appellant, the regulator and any affected party.
8
Nothing in sub-paragraph (7) prevents the person holding the hearing from permitting any other persons to be heard at the hearing and such permission must not be unreasonably withheld.
9
After the conclusion of a hearing, the person holding the hearing must make a report in writing to the appeal body which must include that person’s conclusions and recommendations, or decision not to make any recommendation and in all cases the reasons supporting the report.
10
Paragraph 13(5) applies to hearings held under this paragraph as if references to the appointed person in that paragraph were references to the person holding the hearing under this paragraph.
5
1
Where an appeal under regulation 73(1) is to be disposed of on the basis of written representations, the regulator must submit any written representations to the appeal body not later than 24 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (e).
2
The appellant must make any further representations by way of reply to any representations from the regulator not later than 16 days after the date of submission of those representations by the regulator.
3
Any representations made by the appellant or the regulator must bear the date on which they are submitted to the appeal body.
4
When the regulator or the appellant submits any representations to the appeal body they must at the same time send a copy of them to the other party.
5
The appeal body must send to the appellant and the regulator a copy of any representations made to the appeal body by any interested party and must allow the appellant and the regulator a period of not fewer than 16 days in which to make representations on them.
6
The appeal body may in a particular case —
a
set earlier or later time limits than those mentioned in this Part;
b
require or permit exchanges of representations between the parties in addition to those mentioned in sub-paragraphs (1) and (2).
6
1
The appeal body must give notice to the appellant of the determination of the appeal and must provide the appellant with a copy of any report mentioned in paragraph 4(9).
2
The appeal body must at the same time send —
a
a copy of the documents mentioned in sub-paragraph (1) to the regulator; and
b
a copy of the determination of the appeal to any interested party who made representations to the appeal body and, if a hearing was held, to any other person who made representations at the hearing.
7
Where an appeal is made against the refusal of an application for an allocation under Schedule 7 or Schedule 8, the appeal body must, where practicable, determine the appeal before the deadline in paragraph 7(4) of Schedule 7 or Schedule 8, as appropriate.
8
Where the appeal body’s determination of an appeal is quashed in proceedings before any court, the appeal body —
a
must send to the persons notified of the determination under paragraph 6 a statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the appeal;
b
must afford to those persons the opportunity of making, within 31 days of the date of the statement, written representations in respect of those matters; and
c
may, as the appeal body thinks fit, cause a hearing to be held or reopened and, if it does so, paragraphs 4(2) to (10) apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 4(1),
and paragraph 6 applies to the re-determination of the appeal as it applies to the determination of an appeal.
9
In this Part —
a
“affected party” means an interested party —
i
who has stated in representations under paragraph 3(4) that their civil rights will be determined in an appeal; and
ii
whose civil rights the appeal body is satisfied will be so determined;
b
“interested party” means a person notified under paragraph 3(1).
PART 2
10
In this Part —
“appointed person” means a person appointed under regulation 78(2)(a);
“appointment”, in the case of any appointed person, means appointment under regulation 78(2)(a).
11
An appointment must be in writing and —
a
may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;
b
may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and
c
may, by notice in writing to the appointed person, be revoked at any time by the appeal body in respect of any appeal, matter or question which has not been determined by the appointed person before that time.
12
Subject to the provisions of this Part, an appointed person, in relation to any appeal, matter or question to which the appointed person’s appointment relates, has the same powers and duties as the appeal body, other than any function of appointing a person for the purpose —
a
of enabling persons to appear before and be heard by the person so appointed; or
b
of referring any question or matter to that person.
13
1
If the appellant, the regulator or any person whose civil rights are to be determined in the appeal expresses a wish to appear before and be heard by the appointed person, the appointed person must give them an opportunity of appearing and being heard.
2
Whether or not a person under sub-paragraph (1) has asked for an opportunity to appear and be heard, the appointed person —
a
may hold a local inquiry or other hearing in connection with the appeal, matter or question; and
b
must if the appeal body so directs, hold a local inquiry in connection with an appeal, matter or question.
3
Where an appointed person holds a local inquiry or other hearing by virtue of this Part, an assessor may be appointed by the appeal body to sit with the appointed person at the inquiry or hearing and advise the appeal body on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.
4
Subject to sub-paragraphs (5) and (6), the costs of a local inquiry held under this Part must be defrayed by the appeal body.
5
Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relates to the costs of and holding of local inquiries) apply to hearings held under this Part by an appointed person as they apply to inquiries held under that section, but with the following modifications, that is to say —
a
with the substitution in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;
b
with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person;
c
with the substitution in subsection (6) (expenses of witnesses etc) for the references to the Minister causing the inquiry to be held of a reference to the appointed person or the Scottish Ministers;
d
with the substitution in subsection (7) (expenses) —
i
for the first reference to the Minister of a reference to the Scottish Ministers; and
ii
for the second reference to the Minister of a reference to the appointed person or the Scottish Ministers;
e
with the substitution in subsection (7A) (recovery of entire administrative expense) —
i
for the first reference to the Minister of a reference to the appointed person or the Scottish Ministers;
ii
in paragraph (a), for the reference to the Minister of a reference to the Scottish Ministers; and
iii
in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Scottish Ministers;
f
with the substitution in subsection (7B) (power to prescribe daily amount) —
i
for the first reference to the Minister of a reference to the Scottish Ministers;
ii
in paragraphs (a) and (c), for the references to the person appointed to hold the inquiry of references to the appointed person; and
iii
in paragraph (d), for the reference to the Minister of a reference to the appointed person or the Scottish Ministers; and
g
with the substitution in subsection (8) (certification of expenses) —
i
for the words “the Minister has”, of the words “the Scottish Ministers have”;
ii
for the reference to him and the reference to the Crown of references to the appointed person or the Scottish Ministers.
14
1
Where —
a
under paragraph 11(c) the appointment of the appointed person is revoked in respect of any appeal, matter or question, and
b
the appeal body does not itself propose to determine that appeal, matter or question,
the appeal body must appoint another person under regulation 78(2)(a) to determine the appeal, matter or question.
2
Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, must be begun afresh.
15
1
Anything done or omitted to be done by an appointed person in, or in connection with, the exercise of any function to which the appointment relates is for all purposes to be treated as done or omitted to be done by the appeal body in its capacity as such.
2
Sub-paragraph (1) does not apply —
a
for the purposes of so much of any contract made between the appeal body and the appointed person as relates to the exercise of the function; or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates.
SCHEDULE 12
Appeals (Northern Ireland)
Regulation 78(4)
1
1
A person who wishes to appeal to the Planning Appeals Commission (“the appeals commission”) under regulation 73(1) against a decision of the chief inspector must give to the appeals commission written notice of the appeal together with a statement of the grounds of appeal.
2
The appeals commission must as soon as is reasonably practicable send to the regulator a copy of that notice and that statement.
3
An appellant may withdraw an appeal by notifying the appeals commission; and the appeals commission must as soon as is reasonably practicable notify the regulator of that withdrawal.
2
Notice of appeal in accordance with paragraph 1 is to be given before the expiry of the period of 47 days beginning with the date on which the decision takes effect.
3
1
The appeals commission must determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.
2
The appeals commission must determine the process for determining appeals taking into account any requests of either party to the appeal.
4
An appeal under this Schedule must be accompanied by a fee; and Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 has effect as if the reference to an appeal under that Order included a reference to an appeal under these Regulations. |
The Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012
The Secretary of State makes the following Order in exercise of the powers conferred by section 95(5) and (6) of the Protection of Freedoms Act 2012 .
Citation, commencement and interpretation
1
1
This Order may be cited as the Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012 and comes into force on 1st October 2012.
2
In this Order —
“ the Act ” means the Protection of Freedoms Act 2012;
“service police force” means —
the Royal Navy Police;
the Royal Military Police; or
the Royal Air Force Police.
Relevant official records
2
Relevant official records for the purposes of section 95 of the Act are any of the following which are relevant to any application under section 92 of the Act —
a
records kept locally by a police force for the use of constables;
b
records kept locally by the British Transport Police for the use of constables;
c
records kept by the Ministry of Defence Police for the use of constables;
d
records kept by the Royal Navy Police for the use of members of a service police force;
e
records kept by the Royal Military Police for the use of members of a service police force;
f
records kept by the Royal Air Force Police for the use of members of a service police force;
g
records of magistrates’ courts dating from 1992 kept by Her Majesty’s Courts and Tribunals Service;
h
records of the Crown Court kept by Her Majesty’s Courts and Tribunals Service.
Relevant data controllers
3
The following are prescribed as the relevant data controller in relation to the relevant official records —
a
the chief officer of police of a police force in England and Wales in relation to the records kept locally by that force for the use of constables;
b
the chief constable of the British Transport Police in relation to the records kept locally by the British Transport Police for the use of constables;
c
the chief constable of the Ministry of Defence Police in relation to the records kept by the Ministry of Defence Police for the use of constables;
d
the Provost Marshal for the Royal Navy Police in relation to the records kept by the Royal Navy Police for the use of members of a service police force;
e
the Provost Marshal for the Royal Military Police in relation to the records kept by the Royal Military Police for the use of members of a service police force;
f
the Provost Marshal for the Royal Air Force Police in relation to the records kept by the Royal Air Force Police for the use of members of a service police force;
g
the Secretary of State for Justice in relation to the records of magistrates’ courts dating from 1992 kept by Her Majesty’s Courts and Tribunals Service;
h
the Secretary of State for Justice in relation to the records of the Crown Court kept by Her Majesty’s Courts and Tribunals Service.
Annotation of relevant official records
4
The following records are relevant official records in relation to which a notice to delete details means a notice to record the official record with the details of the disregarded conviction or caution concerned in accordance with section 95 of the Act —
a
any records forming part of the names database which are not held electronically; and
b
relevant official records referred to in article 2.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
4th September 2012 |
The African Horse Sickness (England) Regulations 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 the common agricultural policy of the European Union and makes these Regulations in exercise of the powers conferred by that section.
PART 1 Introduction
Citation, application and commencement
1
These Regulations —
a
may be cited as the African Horse Sickness (England) Regulations 2012;
b
apply in England; and
c
come into force on 21st November 2012.
Interpretation
2
1
In these Regulations —
“carcase” means a carcase or part of a carcase of a horse, but does not include a sample taken from a carcase;
“Chief Veterinary Officer” means the Chief Veterinary Officer for the United Kingdom;
“contact premises” means premises that have an epidemiological connection with infected premises, including those that due to their proximity to infected premises the Chief Veterinary Officer considers have an epidemiological connection with infected premises;
“equipment”, except in regulation 29(8)(a) , means any equipment that has been in contact with blood or other bodily fluids from a horse, including needles and surgical or dental equipment, unless that equipment has either been sterilised following such contact or is securely confined in a sharps container complying with British Standard 7320 (or equivalent standard);
“genetic material” means any semen, ovum or embryo of a horse;
“horse” means any animal of the family Equidae and includes crossings of those animals;
“infected premises” means premises that have been declared to be infected premises under regulation 9(8) or 10(7) ;
“inspector” and “veterinary inspector” mean persons appointed as such for the purposes of the Animal Health Act 1981 ;
“premises” includes any place;
“suspect premises” means premises that have been designated as suspect premises under regulation 8(2) ;
“vector” means an insect of the genus Culicoides or any other species of arthropod capable of transmitting African horse sickness virus.
2
In these Regulations, a reference to a notified horse or carcase is a reference to a horse or a carcase (as the case may be) which is the subject of a notification given under regulation 5(1) .
References to occupier and additional obligations
3
1
In these Regulations —
a
a reference to an occupier of premises includes a reference to a person who has ownership or charge of a horse on the premises;
b
the main occupier of premises is the person who has overall responsibility for the premises.
2
Any notice required or authorised under these Regulations —
a
to be served on the main occupier of premises may be served on any person appearing to the person serving the notice to be the main occupier;
b
to be served on any other occupier of premises may be served on any person appearing to the person serving the notice to be that occupier.
3
Where a notice has been served on a person referred to in paragraph (2), any reference in these Regulations to the main occupier or, as the case may be, any other occupier of the premises includes a reference to that person.
4
Where the main occupier of premises is required to comply with any obligation under or by virtue of these Regulations, any other occupier of the premises must give the main occupier such assistance as is reasonably required to enable such compliance.
5
Where the main occupier of premises has been served with a notice under these Regulations, the main occupier must take reasonable steps to inform (orally or otherwise) any other occupier of the premises and any other person entering the premises of any restrictions on the movement to or from the premises of any horse, carcase, equipment or genetic material arising from the service of the notice.
6
A notice required or authorised under these Regulations to be served on the main occupier of premises may (in addition to it being served on the main occupier) be served on any other occupier of the premises.
Exemptions
4
These Regulations do not apply —
a
to anything done under the terms of a licence granted under the Specified Animal Pathogens Order 2008 , or
b
at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products Regulations 2011 .
PART 2 Notification of suspicion of African horse sickness
Notification requirements
5
1
Any person who suspects that a horse or carcase is infected with African horse sickness virus must immediately notify the Secretary of State.
2
Any person who examines a sample taken from a horse or carcase and who —
a
suspects that the horse or carcase is infected with African horse sickness virus, or
b
detects evidence of antibodies to, or antigens of, that virus,
must immediately notify the Secretary of State.
3
But paragraphs (1) and (2) are subject to paragraph (5).
4
A veterinary inspector may serve a notice on any occupier of infected premises indicating that any further suspected cases of African horse sickness virus on those premises need not be notified to the Secretary of State for so long as the notice remains in force.
5
Where a notice has been served under paragraph (4) —
a
paragraph (1) does not apply in relation to any horse or carcase on the infected premises, and
b
paragraph (2) does not apply in relation to any sample taken from a horse or carcase on the infected premises,
for so long as the notice remains in force.
6
Unless earlier revoked by a veterinary inspector, a notice served under paragraph (4) ceases to be in force when the notice declaring the premises to be infected premises served under regulation 9(8) or 10(7) (as the case may be) is revoked by a veterinary inspector or by virtue of regulation 13(2) .
PART 3 Suspicion and confirmation of African horse sickness
Scope of Part 3
6
This Part does not apply in relation to slaughterhouses or non-captive horses.
Initial controls following notification
7
1
This regulation applies where the Secretary of State receives a notification under regulation 5(1) and a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary.
2
A veterinary inspector must inform (orally or otherwise) the person who gave the notification that further investigation is necessary.
3
Where that person has been so informed, the controls in paragraph (7) apply in relation to the premises where the notified horse or carcase (as the case may be) is located.
4
Where those premises are not the premises where the notified horse is normally kept or, in the case of a notified carcase, the horse before it died was normally kept, a veterinary inspector may also inform (orally or otherwise) the main occupier of those other premises that further investigation is necessary.
5
Where that main occupier has been so informed, the controls in paragraph (7), other than in sub-paragraph (a)(i), apply in relation to those other premises.
6
A veterinary inspector —
a
must go to the premises where the notified horse or carcase is located and examine that horse or carcase, and may examine any other horse or carcase there;
b
where paragraph (4) applies, may go to those other premises and examine any horse or carcase there.
7
The controls are that —
a
any person in possession or charge of a notified horse or carcase must ensure that —
i
the notified horse or carcase is not moved from the premises where it is located,
ii
no equipment or genetic material is moved from the premises,
iii
no other horse or carcase is moved from or to the premises, except that any horse normally kept at the premises may return there; and
b
if required by a veterinary inspector and to the extent that it is practicable to do so the main occupier must ensure that —
i
all horses are moved away from any part of the premises where most vectors are likely to be present;
ii
areas which may be breeding grounds for vectors are identified and any available vector control measures directed by a veterinary inspector are implemented.
8
The controls imposed under this regulation continue to apply until —
a
a veterinary inspector confirms (orally or otherwise) to any occupier of the premises that the presence of African horse sickness virus on the premises is not suspected, or
b
the premises become suspect premises .
Imposing measures on suspicion of disease
8
1
This regulation applies where an inspector suspects that a horse or carcase that is or has been infected with African horse sickness virus is or has been on any premises (whether following a notification under regulation 5(1) or otherwise).
2
The inspector may serve a notice on the main occupier designating those premises as suspect premises, at which point the measures in the Schedule have effect .
3
Such a notice served in relation to contact premises must specify that the premises are contact premises.
4
A notice served under paragraph (2) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.
5
Where a notice has been served under paragraph (2) a veterinary inspector must —
a
as far as is reasonably practicable assess places likely to facilitate the survival of the vectors, or to accommodate them, and the practicality of using appropriate vector control measures in such places;
b
begin an epidemiological inquiry to try to establish at least —
i
the length of time that African horse sickness virus may have existed in horses on the premises,
ii
the origin of that virus,
iii
the identification of other premises on which there are horses which may have become infected,
iv
the presence and distribution of vectors,
v
the movement of any horse to or from the premises or any carcases removed from them, and
vi
the possibility that non-captive horses may be involved in the spread of the virus,
and continue the inquiry until these matters have been established so far as is practicable or the possible presence of African horse sickness virus has been discounted.
Measures following suspicion – premises other than contact premises
9
1
This regulation applies where premises, other than contact premises, are designated as suspect premises.
2
A veterinary inspector must take all reasonable steps to establish whether or not African horse sickness virus is present.
3
For the purposes of paragraph (2), a veterinary inspector may, if the Chief Veterinary Officer considers it necessary, take and have tested —
a
samples from any horse or carcase that is, or has previously been, on the premises,
b
environmental samples from the premises.
4
If the Chief Veterinary Officer is satisfied following the steps referred to in paragraph (2) that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2) .
5
Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule (duty to keep records for 6 months following revocation of notice).
6
If the Chief Veterinary Officer is satisfied following tests under this regulation that there are seropositive horses on the premises a veterinary inspector must continue to monitor as appropriate horses on the premises, and may take further samples and have them tested.
7
Paragraph (8) applies if the Chief Veterinary Officer is satisfied as a result of any test carried out under this regulation or any clinical signs in any horse on the premises that African horse sickness virus is present in a horse or carcase or on the premises.
8
Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises .
9
Where a notice has been served under paragraph (8), the measures in the Schedule continue to have effect.
10
The notice served under paragraph (8) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.
11
If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus, the notice served under paragraph (8) may require measures additional to those in the Schedule and paragraph (10).
Measures following suspicion – contact premises
10
1
This regulation applies where contact premises are designated as suspect premises.
2
If any horse on the premises shows clinical signs of African horse sickness during the relevant period, a veterinary inspector —
a
must take samples from it and have them tested, and
b
may take samples from any other horse or carcase on the premises and have them tested.
3
If no horse on the premises shows clinical signs of African horse sickness a veterinary inspector —
a
must monitor as appropriate all horses on the premises until the end of the relevant period, and
b
may take samples from any horse or carcase on the premises and have them tested.
4
If no horse on the premises has shown clinical signs of African horse sickness at any time during the relevant period and the Chief Veterinary Officer is satisfied following any tests under this regulation that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2) .
5
Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.
6
Paragraph (7) applies where the Chief Veterinary Officer is satisfied as a result of —
a
any test carried out under this regulation,
b
any clinical signs in any horse on the premises, or
c
any epidemiological connection to infected premises,
that African horse sickness virus is present in a horse or carcase or on the premises.
7
Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises .
8
Where a notice has been served under paragraph (7), the measures in the Schedule continue to have effect.
9
The notice served under paragraph (7) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.
10
If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus the notice may require measures additional to those in the Schedule and paragraph (9).
11
In this regulation, “the relevant period” is the period determined by the Chief Veterinary Officer to be necessary for establishing whether or not African horse sickness is present in a horse or carcase on the premises.
Powers to prevent horses from being brought onto other premises
11
1
This regulation applies where premises are infected premises and the Chief Veterinary Officer considers that due to the risk of African horse sickness virus spreading it is appropriate to prevent horses from being brought onto other premises.
2
An inspector may serve a notice on the main occupier of those other premises imposing the prohibition in paragraph (3).
3
The prohibition is that no person may move any horse onto the premises for such period as may be specified in the notice, except under the authority of a licence granted by a veterinary inspector.
4
The notice may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.
5
A veterinary inspector must revoke any notice served under paragraph (2) if satisfied, having regard to the epidemiological risk, that the prohibition is no longer necessary to reduce the risk of the spread of African horse sickness virus.
Killing horses on infected premises and contact premises and disposal of carcases
12
1
Paragraph (2) applies in relation to horses —
a
on suspect premises that are contact premises,
b
on infected premises.
2
The Secretary of State may arrange for the killing of all horses which are infected with African horse sickness virus or which present clinical signs of African horse sickness.
3
If any horse is killed under paragraph (2) the Secretary of State —
a
must arrange for the disposal of its carcase, and
b
may arrange for the disposal of the carcase of any other horse that has died on those premises.
4
The Secretary of State must ensure that any such disposal is carried out in such a way as to avoid the risk of spread of African horse sickness virus.
Revocation of notices declaring premises to be infected premises
13
1
A veterinary inspector must not revoke a notice declaring premises to be infected premises unless the Chief Veterinary Officer is satisfied that there is minimal risk of further infection from those premises.
2
If not earlier revoked by a veterinary inspector, a notice declaring premises to be infected premises is revoked when the premises to which the notice relates cease to be within any zone declared under Part 6.
3
Where a notice declaring premises to be infected premises is revoked by a veterinary inspector or by virtue of paragraph (2), the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.
PART 4 Slaughterhouses
Imposition of initial controls at slaughterhouses
14
1
This regulation applies —
a
where —
i
the Secretary of State has been notified under regulation 5(1) that it is suspected that a horse or carcase at a slaughterhouse is infected with African horse sickness virus, and
ii
a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary; or
b
where for any other reason a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus at a slaughterhouse is necessary.
2
Where paragraph (1)(a) applies, a veterinary inspector must inform (orally or otherwise) the person who gave the notification that further investigation is necessary, and the controls in paragraph (5) then apply.
3
A veterinary inspector must go to the slaughterhouse and examine the notified horse or carcase, and may examine any other horse or carcase there as the veterinary inspector considers appropriate.
4
Where paragraph (1)(b) applies, a veterinary inspector may by notice served on the person in charge of the slaughterhouse impose the controls in paragraph (5).
5
The controls are that the person in charge of the slaughterhouse must ensure that —
a
no horse or carcase is moved from the slaughterhouse,
b
any notified horse and any other horse from the same premises as the notified horse is not slaughtered unless authorised to do so by a veterinary inspector, and
c
if any notified horse or any horse from the same premises as a notified horse has already been, or is subsequently, slaughtered or has died, its carcase is specifically identified and retained at the slaughterhouse until a veterinary inspector has examined it, and taken samples if considered necessary.
Action following examination
15
1
This regulation applies where a veterinary inspector has acted under regulation 14(3) .
2
If a veterinary inspector is satisfied that African horse sickness virus does not exist in any horse or carcase at the slaughterhouse a veterinary inspector must confirm this (orally or otherwise) to the person in charge of the slaughterhouse.
3
If the presence of African horse sickness virus cannot be ruled out, a veterinary inspector —
a
may by notice served on the person in charge of the slaughterhouse vary the controls applicable under regulation 14(2) or imposed by notice under regulation 14(4) ,
b
may take samples and test them to establish the presence of that virus at the slaughterhouse .
4
If the Chief Veterinary Officer is satisfied that tests carried out under this regulation demonstrate that African horse sickness virus is not present in the slaughterhouse a veterinary inspector must confirm this (orally or otherwise) to the person in charge of the slaughterhouse.
5
Paragraph (6) applies where the Chief Veterinary Officer is satisfied as a result of —
a
any test carried out under this regulation, or
b
any clinical signs in any horse at the slaughterhouse or any other premises where any horse at the slaughterhouse has recently been,
that African horse sickness virus is present in a horse or carcase at the slaughterhouse.
6
Where this paragraph applies, the Secretary of State must ensure that all carcases of infected horses are disposed of in such a way as to avoid the risk of spread of African horse sickness virus .
7
Where confirmation is given under paragraph (2) or (4), or following the disposal of carcases under paragraph (6) —
a
any controls applicable under regulation 14(2) (and, where applicable, as varied under paragraph (3)(a)) cease to have effect,
b
any notice served under regulation 14(4) (and, where applicable, as varied under paragraph (3)(a)) is revoked.
PART 5 Non-captive horses
Suspicion relating to non-captive horses
16
1
This regulation applies where a veterinary inspector suspects that a non-captive horse may be infected with African horse sickness virus.
2
A veterinary inspector must take all reasonable steps to establish whether or not that suspicion is correct.
3
Where a veterinary inspector concludes that African horse sickness virus is likely to be present in such a horse the Secretary of State must take such steps as the Secretary of State considers appropriate (which may include the declaration of an infection zone under regulation 19 ) to reduce the risk of that virus spreading to other horses.
4
For the purposes of paragraph (3), a veterinary inspector may by notice served on the main occupier of premises impose restrictions on the movement of horses or impose such other measures in relation to those premises that the Chief Veterinary Officer considers necessary.
5
The steps referred to in paragraph (2) or (3) need not be taken if the Secretary of State is satisfied that taking those steps is not likely to reduce the risk of African horse sickness virus spreading.
6
A veterinary inspector and, when acting under the direction of a veterinary inspector, an inspector, another officer of the Secretary of State or any other person with the necessary expertise may enter any premises (except any premises used wholly or mainly as a private dwelling house) to —
a
undertake surveillance of non-captive horses;
b
capture and detain them;
c
vaccinate them;
d
take samples from them;
e
kill them if the Chief Veterinary Officer is satisfied that it is necessary for the control of African horse sickness, and in particular if —
i
it is not reasonably practicable to take samples from them without killing them;
ii
it is not reasonably practicable to detain them pending the results of any testing or sampling; or
iii
they are spreading or may spread African horse sickness virus or are at risk of acquiring African horse sickness virus.
7
A justice of the peace may by signed warrant permit a veterinary inspector and, when acting under the direction of a veterinary inspector, a person referred to in paragraph (6)), to enter any premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied —
a
that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and
b
that any of the conditions in paragraph (8) are met.
8
The conditions are —
a
entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;
b
asking for admission to the premises, or giving such a notice, would defeat the object of the entry;
c
entry is required urgently; or
d
the premises are unoccupied or the occupier is temporarily absent.
9
A warrant is valid for three months.
10
A person entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
PART 6 Area controls
Temporary movement restriction zone
17
1
This regulation applies where premises are suspect premises or where a veterinary inspector has taken samples under regulation 15 (3) from a horse or carcase at a slaughterhouse.
2
Where the Secretary of State considers it necessary to reduce the risk of spread of African horse sickness virus, a temporary movement restriction zone may be declared by the Secretary of State around the suspect premises or the slaughterhouse (as the case may be).
3
The temporary movement restriction zone must be of such size as the Secretary of State considers necessary having regard to the risk of spread of African horse sickness virus.
4
Within the temporary movement restriction zone no person may move any horse or carcase to or from premises or any equipment or genetic material off premises, except under the authority of a licence granted by a veterinary inspector.
5
If the Secretary of State considers it necessary to reduce the risk of spread of African horse sickness virus, the Secretary of State may in the declaration of the temporary movement restriction zone impose any other measures.
Control zone, protection zone and surveillance zone
18
1
This regulation applies where premises are infected premises or where tests under regulation 15 indicate the existence of African horse sickness virus in a horse or carcase at a slaughterhouse.
2
The Secretary of State may declare a control zone, and in addition may declare a protection zone and surveillance zone, around the infected premises or the slaughterhouse (as the case may be).
3
The control zone must have a radius of at least 20 kilometres, the protection zone must have a radius of at least 100 kilometres and the surveillance zone must have a radius of at least 150 kilometres, each centred on the part of the premises that the Secretary of State considers most appropriate for disease control.
4
The Secretary of State must ensure that within those zones —
a
premises that contain horses are identified as far as is reasonably practicable and without unduly diverting resources from preventing the spread of disease,
b
a veterinary inspector visits in a systematic way as directed by the Chief Veterinary Officer any such identified premises, and —
i
inspects and as necessary examines the horses; and
ii
collects and tests such samples as the Chief Veterinary Officer considers necessary.
5
The Schedule sets out measures that apply in relation to premises in a control zone.
6
When the control zone is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.
7
No person may move any horse, or any semen, ovum or embryo of a horse —
a
out of a protection zone, or
b
out of a surveillance zone to an area outside any zone,
except under the authority of a licence granted by a veterinary inspector.
8
No person may move from premises within a protection zone or a surveillance zone —
a
any ass, donkey, zebra, mule or other hybrid of these except under the authority of a licence granted by a veterinary inspector;
b
any other horse that shows clinical signs of African horse sickness on the day of the proposed move.
9
The Secretary of State may declare that any other measure considered necessary to reduce the risk of spread of African horse sickness virus applies in respect of the whole or any part of the control zone, protection zone or surveillance zone.
Infection zones
19
1
This regulation applies where a veterinary inspector concludes that African horse sickness virus is likely to be present in a non-captive horse.
2
The Secretary of State may declare an infection zone of such size as the Secretary of State considers necessary to reduce the risk of spread of African horse sickness virus.
3
The Secretary of State may declare —
a
restrictions on the movement of horses into or out of the infection zone;
b
that any other measure considered necessary to reduce the risk of spread of African horse sickness virus applies in respect of the whole or any part of the infection zone.
Declaration of zones where African horse sickness suspected or confirmed outside England
20
1
This regulation applies where —
a
the presence of African horse sickness virus is suspected or officially confirmed for the purposes of Council Directive 92/35/ EEC laying down control rules and measures to combat African horse sickness outside England, and
b
the Secretary of State considers that there is a risk of spread of African horse sickness virus to England.
2
The Secretary of State may declare in England any of the following —
a
a temporary movement restriction zone;
b
a control zone;
c
a protection zone;
d
a surveillance zone;
e
an infection zone.
3
Any zone declared under this regulation must be of such size as the Secretary of State considers necessary to reduce the risk of spread of African horse sickness virus.
4
Regulations 17(4) and (5), 18(5) to (9) and 19(3) apply to any zone declared under this regulation as if it were a zone declared under regulation 17 , 18 or 19 (as applicable).
Declaration of zones
21
1
A declaration of a zone under these Regulations —
a
must be in writing;
b
must designate the extent of the zone being declared;
c
may be amended or revoked by further declaration at any time.
2
Unless the Secretary of State states otherwise in any declaration of a zone, any movement which is prohibited but has already started when such a declaration comes into force may be completed.
3
Any person on whom a restriction or other measure is imposed by virtue of a declaration under regulation 17(5) , 18(9) , or 19(3) must comply with it.
4
In deciding to amend or revoke any declaration of a zone, the Secretary of State must have regard to the epidemiological situation and the measures necessary to control the spread of African horse sickness virus.
Premises straddling zones
22
1
Premises partly inside and partly outside a temporary movement restriction zone declared under regulation 17 or 20 are treated as being inside the temporary movement restriction zone.
2
Premises partly inside and partly outside a control zone declared under regulation 18 or 20 are treated as being inside the control zone.
3
Premises partly inside and partly outside a protection zone declared under regulation 18 or 20 in an area other than in a control zone are treated as being inside the protection zone.
4
Premises partly inside a surveillance zone declared under regulation 18 or 20 and partly in an area other than a protection zone are treated as being inside the surveillance zone.
5
Premises partly inside and partly outside an infection zone declared under regulation 19 or 20 are treated as being inside the infection zone.
Publicity
23
The Secretary of State must publicise —
a
the extent of any zone declared under these Regulations;
b
the nature of the restrictions and requirements relating to that zone; and
c
the dates of the declaration and ending of that zone.
PART 7 Vaccination
Prohibition on vaccination except in certain cases
24
No person may vaccinate a horse against African horse sickness except in accordance with these Regulations or under the authority of a licence granted by a veterinary inspector.
Compulsory vaccination
25
1
The Secretary of State may declare a vaccination zone, other than in a surveillance zone.
2
Where a vaccination zone has been declared, any occupier of premises inside that zone must ensure the vaccination of horses on their premises in accordance with that declaration, but this is subject to paragraph (4).
3
Premises partly inside and partly outside a vaccination zone are treated as being inside that zone.
4
A veterinary inspector may serve a notice on any person in possession or charge of a horse, other than one kept in a surveillance zone, requiring that person to vaccinate the horse in accordance with the notice (whether or not a vaccination zone has been declared under paragraph (1)).
Vaccinated horses
26
1
The person in possession or charge of a horse that has been vaccinated against African horse sickness must ensure that the horse is identified by way of a microchip and a record of such horse having been vaccinated is kept.
2
No person may move a vaccinated horse from the premises where it was vaccinated until at least 60 days have elapsed since —
a
the date of the vaccination, or
b
if the vaccination includes a course of doses, the date of the final dose,
except under the authority of a licence granted by a veterinary inspector.
PART 8 Inspection, enforcement and miscellaneous provisions
Notices
27
1
Any notice served or given under these Regulations must be in writing and may be amended, suspended or revoked in writing at any time.
2
A notice may be served on or given to a person by —
a
personal delivery;
b
leaving it at the person’s proper address; or
c
sending it by post or by electronic means to the person’s proper address.
3
In the case of a body corporate, a notice may be served on or given to an officer of that body.
4
In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.
5
In the case of an unincorporated association, a notice may be served on or given to an officer of the association.
6
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, “proper address” means —
a
in the case of a body corporate or an officer of that body —
i
the registered or principal office of that body, or
ii
the email address of the officer;
b
in the case of a partnership or a partner or person having control or management of the partnership business —
i
the principal office of the partnership, or
ii
the email address of a partner or a person having that control or management;
c
in the case of an unincorporated association or an officer of the association —
i
the office of the association, or
ii
the email address of the officer;
d
in any other case, a person’s last known address, which includes an email address.
7
For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom.
8
If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.
9
A person must comply with the terms of any notice served under these Regulations.
10
In this regulation —
“body corporate” includes a limited liability partnership;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate;
“partnership” does not include a limited liability partnership.
Licences
28
1
A licence granted under these Regulations must be in writing and may be —
a
general or specific;
b
subject to conditions; and
c
amended, suspended or revoked in writing at any time.
2
A person moving any horse, equipment or genetic material under the authority of a specific licence must —
a
carry the licence or a copy of it at all times during the movement, and
b
on demand by an inspector or other officer of the Secretary of State, produce the licence or a copy and allow a copy or extract to be taken.
3
Where a licence is required or authorised under these Regulations to be granted by a veterinary inspector, it may also be granted by an inspector acting under the direction of a veterinary inspector.
4
A person moving any horse, equipment or genetic material under the authority of a general licence must —
a
carry, at all times during the movement, a document containing details of —
i
what is being transported, including the quantity,
ii
the date of the movement,
iii
the name of the person responsible for the horse or equipment at both the place of departure and at the place of destination,
iv
the address of the place of departure and of the destination;
b
on demand by an inspector or other officer of the Secretary of State, produce the document and allow a copy or extract to be taken; and
c
keep the document for at least six months.
5
If any horse, equipment or genetic material has been moved to premises under a licence, a veterinary inspector may serve a notice on any occupier of the premises of destination imposing such movement restrictions on those premises as are necessary to prevent the risk of spreading African horse sickness virus.
6
Except where otherwise directed by the Secretary of State, licences granted in Scotland or Wales for activities which could be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations, and the provisions of this regulation apply accordingly.
Powers of inspectors
29
1
An inspector may, on producing a duly authenticated authorisation if requested, enter any premises, vehicle, vessel or trailer (except any premises used wholly or mainly as a private dwelling house) at any reasonable hour for the purpose of executing or enforcing these Regulations.
2
A justice of the peace may by signed warrant permit an inspector to enter any premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied —
a
that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and
b
that any of the conditions in paragraph (3) are met.
3
The conditions are —
a
entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;
b
asking for admission to the premises, or giving such a notice, would defeat the object of the entry;
c
entry is required urgently; or
d
the premises are unoccupied or the occupier is temporarily absent.
4
A warrant is valid for three months.
5
An inspector entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
6
An inspector entering any premises, vehicle, vessel or trailer may —
a
inspect any horse or thing there;
b
take samples;
c
seize and destroy any equipment or genetic material;
d
detain or isolate any animal or thing;
e
mark or microchip for identification purposes any animal or thing;
f
carry out any inquiries, examinations and tests;
g
undertake surveillance for vectors and implement vector control measures (including the introduction of any sentinel horse);
h
have access to, inspect and copy any documents or records (in whatever form they are held) relevant to these Regulations, and remove them to enable them to be copied;
i
inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with records;
j
require by notice served on the occupier of the premises —
i
any animal to be marked or microchipped for identification purposes;
ii
any animal or thing (including a vehicle or trailer) to be moved to a specified destination or to be moved to or kept in a particular part of the premises;
iii
the undertaking of surveillance for the presence of insects;
iv
the implementation of such vector control measures as the inspector considers practical and necessary;
v
horses to be retained for use as sentinel horses or sentinel horses to be introduced onto those premises.
7
Where an inspector has entered any premises, vehicle, vessel or trailer and it is not reasonably practicable to determine whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
8
The inspector may —
a
take any necessary equipment, sentinel horse or vehicle on to the premises;
b
be accompanied by —
i
such other persons as the inspector considers necessary, and
ii
any representative of the European Commission.
9
Any power or obligation to take a sample and test it includes a power to —
a
re-test the sample, and
b
take further samples (from the animals or carcases subject to that power or, in the case of environmental samples, take further environmental samples) and test and re-test those samples.
10
In this regulation, a sentinel horse is a horse used for surveillance for African horse sickness virus which does not have antibodies to that virus when introduced to or retained at the premises for that purpose.
Notice following a contravention on movement
30
1
If a horse has been moved to any premises in contravention of any provision of these Regulations or any licence or notice served under these Regulations, an inspector may serve a notice on the main occupier of those premises requiring —
a
that horse, or any other horse on the premises, to be detained on the premises, or
b
any horse on the premises to be moved to other premises specified in the notice.
2
If a horse has been moved to other premises under such a notice, an inspector may serve a notice on any occupier of those other premises imposing such movement restrictions relating to horses on those premises as the inspector considers necessary to reduce the risk of spreading African horse sickness virus.
Change of main occupier of premises under restriction – access for welfare purposes
31
If there is a change of main occupier of premises under any restriction under these Regulations, the new main occupier must allow the owner of any horse on the premises, or any person acting on behalf of the owner, to enter the premises to feed or otherwise attend to the welfare of the horse during the period of restriction and for seven days following its end.
Powers of inspectors in case of default
32
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.
Compensation for horses killed and things seized
33
1
The Secretary of State, in accordance with this regulation —
a
may pay compensation for any horse killed under regulation 12 or 16(6)(e) ;
b
must pay compensation for anything seized under these Regulations, unless it is returned.
2
No compensation is payable for a horse that, at the time it was killed, was affected with African horse sickness.
3
The amount of any compensation payable under paragraph (1)(a) —
a
subject to sub-paragraph (b), is the value of the horse immediately before it was killed;
b
may not in any case exceed £2500 for any horse.
4
The amount of any compensation payable under paragraph (1)(b) —
a
subject to sub-paragraph (b), is the value of the thing seized at the time of its seizure;
b
in the case of any genetic material coming from the same horse, may not in any case exceed £2500 (regardless of the nature or number of items of genetic material seized).
5
The value of the horse or thing seized (as the case may be) is —
a
the amount determined in writing by the Secretary of State (“the Secretary of State’s valuation”), or
b
where the determination of the value has been referred to an appointed valuer under paragraph (6), the amount determined in writing by that valuer instead.
6
If —
a
the Secretary of State’s valuation is less than £2500, and
b
within 14 days after receiving the Secretary of State’s valuation, the owner of the horse killed or (as the case may be) the thing seized gives written notice to the Secretary of State disputing that valuation, with reasons,
the Secretary of State must refer the determination of the value to an appointed valuer.
7
The appointed valuer must be a person —
a
appointed jointly by the owner and the Secretary of State for the purpose of conducting a valuation under this regulation, or
b
failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (6), appointed by the Secretary of State for that purpose.
8
The determination of value by the appointed valuer is final and binding on the Secretary of State and the owner (but this is subject to paragraphs (3)(b) and (4)(b)).
9
Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid —
a
where the valuer’s determination is equal to or less than the Secretary of State’s valuation, by the owner,
b
otherwise, by the Secretary of State.
10
Nothing in this regulation authorises any delay in the killing of a horse for the purposes of controlling African horse sickness.
Obstruction
34
No person may —
a
intentionally obstruct or impede anyone acting in the execution or enforcement of these Regulations;
b
without reasonable cause, proof of which lies on the person charged, fail to give to any person acting in the execution or enforcement of these Regulations any assistance or information that is reasonably required;
c
provide to anyone acting in the execution or enforcement of these Regulations any information knowing it to be false or misleading or not believing it to be true; or
d
fail to produce a record when required to do so by any person acting in the execution or enforcement of these Regulations.
Offences and penalties
35
1
A person is guilty of an offence if that person fails to comply with any of the following provisions —
a
regulation 3(4) (occupier to give reasonable assistance to enable main occupier to comply with obligations);
b
regulation 3(5) (main occupier to take reasonable steps to inform other occupiers of movement restrictions arising from notice);
c
regulation 5(1) or (2) (requirement to notify Secretary of State of suspect horse or carcase etc );
d
regulation 7(7)(a)(i) , (ii) or (iii) (prohibition on movement of notified horse or carcase; equipment or genetic material; or other horses);
e
regulation 7(7)(b) (i) or (ii) (obligation to move horses and identify vectors etc);
f
regulation 11(3) (prohibition on persons moving horses onto premises);
g
regulation 14(5) (a), (b) or (c) (controls relating to slaughterhouses);
h
regulation 17(4) (prohibition on unlicensed movement within temporary movement restriction zone);
i
regulation 18(7) (prohibition on unlicensed movement out of protection zone or out of surveillance zone to an area free from restrictions);
j
regulation 18(8) (a) or (b) (prohibition on unlicensed movement of asses etc or movement of horses showing clinical signs of African horse sickness);
k
regulation 21(3) (obligation to comply with restrictions and measures imposed by declaration under regulation 17(5) , 18(9) , or 19(3) );
l
regulation 24 (prohibition on vaccination);
m
regulation 25(2) (requirement to vaccinate in accordance with declaration of vaccination zone);
n
regulation 26(1) or (2) (requirement to identify vaccinated horse and to keep records; prohibition on unlicensed movement of vaccinated horse);
o
regulation 27(9) (requirement to comply with notice);
p
regulation 28(2) (a) or (b) (requirement to carry licence or copy; requirement to produce etc licence);
q
regulation 28(4) (a), (b) or (c) (requirement to carry document; requirement to produce etc document; requirement to keep document);
r
regulation 31 (obligation on new main occupier to allow entry for purposes of feeding or welfare);
s
regulation 34 (obstruction);
t
paragraph 1, 2, or 4 of the Schedule (requirement to keep records etc; requirement as to housing of horses; requirement to implement vector control);
u
paragraph 3 of the Schedule (prohibition on unlicensed movement).
2
A person guilty of an offence is liable —
a
on summary conviction —
i
in the case of conviction for an offence under paragraph (1)(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m), (o), (s) or (u) to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both,
ii
in the case of conviction for any other offence under paragraph (1) to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months or both.
Offences by bodies corporate
36
1
If an offence under these Regulations committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on the part of an officer,
the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
In paragraph (1) “officer”, in relation to a body corporate, means —
a
a director, manager, secretary or other similar officer of the body, or
b
a person purporting to act in any such capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.
Offences by partnerships and unincorporated associations
37
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings —
a
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate; and
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or association as they apply in relation to a body corporate.
3
A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
4
Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
5
For these purposes, “partner” includes a person purporting to act as a partner.
6
If an offence under these Regulations committed by an unincorporated association is proved —
a
to have been committed with the consent or connivance of, or
b
to be attributable to any neglect on the part of, an officer of the association,
the officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
7
In paragraph (6), “officer”, in relation to an unincorporated association, means —
a
an officer of the association or a member of its governing body, or
b
a person purporting to act in such capacity.
Enforcement
38
1
These Regulations are enforced by the local authority.
2
But the Secretary of State may direct, in relation to cases of a particular description or in relation to particular cases, that the Secretary of State will enforce these Regulations instead.
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
4
In paragraph (1), “local authority” means —
a
where there is an authority which is the sole principal council for its local government area (“a unitary authority”), that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the county council;
iii
in each London borough the council of that borough; or
iv
in the City of London the Common Council.
Exceptional circumstances
39
A veterinary inspector may for the purpose of ensuring the health or welfare of any horse —
a
license a person to carry out any action that is otherwise prohibited under these Regulations; or
b
exempt a person, by notice, from any requirement under these Regulations.
Amendments
40
1
In the Specified Diseases (Notification and Slaughter) Order 1992 , in article 2 omit the reference to African horse sickness.
2
In the Specified Diseases (Notification) Order 1996 , in Part 1 of Schedule 1 omit the reference to African horse sickness.
Review
41
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 Council Directive 92/35/EEC laying down control rules and measures to combat African horse sickness (which is implemented by means of these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
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.
5
Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
David Heath
Minister of State
Department for Environment, Food and Rural Affairs
Date 15th October 2012
SCHEDULE
Measures on suspect and infected premises and on premises in a control zone
Regulations 8(2), 9(9), 10(8) and 18(5)
Records
1
1
The main occupier must keep a record of every horse on the premises.
2
The main occupier must take all reasonable steps to update the record to show the number of horses on the premises that —
a
have died;
b
show clinical signs of African horse sickness;
c
have been born since restrictions under these Regulations were placed on the premises; and
d
enter or leave the premises under licence.
3
The main occupier must ask any other occupier to report any changes in the details of their horses on the premises that are relevant to the record.
4
The main occupier must keep the record for at least six months after (as the case may be) —
a
the revocation of the notice served under regulation 8(2) , 9(8) , or 10(7) , or
b
the premises ceasing to be within the control zone,
whichever is the later.
Housing of horses
2
An occupier must ensure that every horse on the premises is kept —
a
so far as is practicable on the part or parts of the premises where they may be less exposed to vectors; or
b
as directed by a veterinary inspector.
Restriction on movement of horses, carcases, equipment or genetic material
3
No person may move any horse or carcase to or from the premises or any equipment or genetic material from the premises, except under the authority of a licence granted by a veterinary inspector or an officer of the Secretary of State acting under the direction of a veterinary inspector.
Control of vectors
4
The main occupier must implement such practicable vector control measures as a veterinary inspector may require. |
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012
The Treasury, in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972, and sections 22(1) and (5), 426 and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000, make the following Order.
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012 and comes into force on the day after the day on which it is made.
PART 2 AMENDMENT OF THE REGULATED ACTIVITIES ORDER
Amendment of the Regulated Activities Order
2
1
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.
2
In article 3(1) (interpretation) —
a
for the definition of “investment services and activities” , substitute —
“investment services and activities” means —
any service provided to third parties listed in Section A of Annex 1 to the markets in financial instruments directive (the text of which is set out in Part 3 of Schedule 2) read with Article 52 of Commission Directive 2006/73/ EC of 10 August 2006 (the text of which is set out in Part 4 of Schedule 2), including the reception, transmission or submission of a bid by an investment firm or credit institution on any auction platform, in relation to any financial instrument; or
any activity listed in Section A of Annex 1 to that directive, in relation to any financial instrument;
;
b
insert the following definitions in the appropriate places —
“aircraft operator” has the same meaning as in the emission allowance trading directive;
;
“auction platform” means a platform on which auctions of greenhouse gas emissions allowances are held in accordance with the emission allowance auctioning regulation;
;
“emission allowance trading directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowances trading within the Community ;
;
“emission allowance auctioning regulation” means Commission Regulation ( EU ) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to the emission allowance trading directive ;
;
“greenhouse gas emissions allowances” mean “allowances” as defined in Article 3(a) of the emission allowance trading directive;
;
“operator” has the same meaning as in the emission allowance trading directive;
;
“reception”, “transmission” and “submission” have the same meaning in relation to a bid at an auction for an investment of the kind specified in article 82A as in the emission allowance auctioning regulation;
.
3
Insert after article 24 (other exclusions) —
CHAPTER 5A
BIDDING IN EMISSIONS AUCTIONS
The activity
Bidding in emissions auctions
24A
1
The reception, transmission or submission of a bid at an auction of an investment of the kind specified by article 82A conducted —
a
on a recognised auction platform, or
b
on any other auction platform which has been appointed under the emission allowance auctioning regulation,
is a specified kind of activity.
2
An activity which falls within paragraph (1) (or would do so but for the exclusions in article 24B) does not form part of any other activity specified under any other article of this Order.
3
In this article, “recognised auction platform” has the meaning given in regulation 1(3) of the Recognised Auction Platform Regulations 2011 .
Exclusions
Miscellaneous exclusions
24B
1
There is excluded from article 24A any activity carried on by —
a
an operator or an aircraft operator having an operator holding account, in either case bidding on its own account, including any parent undertaking, subsidiary undertaking or affiliate undertaking forming part of the same group of undertakings as the operator or the aircraft operator;
b
business groupings of persons listed in sub-paragraph (a) bidding on their own account or acting as an agent on behalf of their members; or
c
public bodies or state-owned entities of the Member States that control any of the persons listed in sub-paragraph (a).
2
There is excluded from article 24A the reception, transmission or submission of a bid by an investment firm or a credit institution on any auction platform on their own account for investments of the kind specified by article 82A which are not financial instruments.
3
In this article, the expressions “parent undertaking”, “subsidiary undertaking”, “affiliate undertaking”, “business grouping”, “public bodies” and “state-owned entities” have the same meaning as in the emission allowance auctioning regulation.
4
Insert after article 82 (rights under a pension scheme) —
Greenhouse gas emissions allowances
82A
Greenhouse gas emissions allowances which are auctioned as financial instruments or as two-day spots within the meaning of Article 3.3 of the emission allowance auctioning regulation.
.
PART 3 CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS
Amendment of the Financial Services and Markets Act 2000
3
1
The Financial Services and Markets Act 2000 is amended as follows.
2
In section 39(4) (exemption of appointed representatives), after “markets in financial instruments directive” insert “or contained in the emission allowance auctioning regulation”.
3
In section 45 (variation etc. on the Authority’s own initiative), after subsection (2B) , insert —
2C
Without prejudice to the generality of subsections (1) and (2), the Authority may, in relation to an authorised person who has permission to carry on the regulated activity specified in article 24A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, exercise its power under this section to vary the Part 4 permission of the person concerned by removing that activity from those to which the permission relates if it appears to the Authority that that person has seriously and systematically infringed the provisions of paragraph 2 or 3 of Article 59 of the emission allowance auctioning regulation.
.
4
In section 59(8) (approval for particular arrangements), after “the single market directives” insert “or the emission allowance auctioning regulation”.
5
In section 66(2) (disciplinary powers), after “the markets in financial instruments directive or the UCITS directive” insert “or by the emission allowance auctioning regulation”.
6
In section 138(6)(b) (general rule-making power), after “the single market directives” insert “or the emission allowance auctioning regulation”.
7
In section 168(4)(j) (appointment of persons to carry out investigations in particular cases), insert at the end “or made by the emission allowance auctioning regulation”.
8
In section 205 (public censure), after “the UCITS directive” insert “or by the emission allowance auctioning regulation”.
9
In section 206(1) (financial penalties), after “the UCITS directive” insert “or by the emission allowance auctioning regulation”.
10
In section 206A(2) (suspending permission to carry on regulated activities etc.), in the definition of “relevant requirement”, omit the word “or” before paragraph (e), and at the end of that paragraph insert —
; or
f
by the emission allowance auctioning regulation.
.
11
In section 380(6)(a)(i) (injunctions), after “the UCITS directive” insert “or by the emission allowance auctioning regulation”.
12
In section 382(9)(a)(i) (restitution orders), after “the UCITS directive” insert “or by the emission allowance auctioning regulation”.
13
In section 384(7)(a) (power of Authority to require restitution), after “the UCITS directive” insert “or by the emission allowance auctioning regulation”.
14
In section 417(1) (definitions), in the definition of “investment services and activities” —
a
at the end of paragraph (a), omit “and”;
b
at the end of paragraph (b), insert —
and
c
Article 6(5) of the emission allowance auctioning regulation;
.
15
In section 418 (carrying on regulated activities in the United Kingdom), after subsection (6), insert —
7
For the purposes of subsection (2)(b) and (c), the emission allowance auctioning regulation is a single market directive.
.
16
In section 425(1)(a) (expressions relating to authorisation elsewhere in the single market), after ““ EEA State”,” insert ““emission allowance auctioning regulation”,”.
17
In Schedule 1, paragraph 6 (monitoring and enforcement) —
a
in sub-paragraph (1), after “under this Act, insert “by the emission allowance auctioning regulation”;
b
in sub-paragraph (3), after “under this Act”, insert “, the emission allowance auctioning regulation,”.
Amendment of Schedule 3 to the Financial Services and Markets Act 2000
4
1
Schedule 3 to the Financial Services and Markets Act 2000 (EEA passport rights) is amended as follows.
2
After paragraph 4C (the market in financial instruments directive) , insert —
The emission allowance auctioning regulation
4D
“The emission allowance auctioning regulation” means Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community.
.
3
In paragraph 5 (EEA firm) —
a
at the end of sub-paragraph (e), omit “or”;
b
at the end of sub-paragraph (f) , insert —
; or
g
a person who has received authorisation under Article 18.2 of the emission allowance auctioning regulation.
.
4
In paragraphs 6(b) (EEA authorisation), 7(b) (EEA right), 9 (home state regulator) and 11 (host state regulator), after “single market directive” insert “or, as the case may be, the emission allowance auctioning regulation”.
5
In paragraph 12 (firms qualifying for authorisation), after sub-paragraph (6) , insert —
7
Sub-paragraph (2) does not apply to an EEA firm which falls within paragraph 5(a), (b) or (g), and only provides services in the exercise of its right under Article 18 of the emission allowance auctioning regulation.
8
An EEA firm which falls within paragraph 5(g) qualifies for authorisation.
9
An EEA firm which falls within paragraph 5(a) or (b) but does not qualify for authorisation under sub-paragraph (1) or (2) qualifies for authorisation under this sub-paragraph if it —
a
has received authorisation from its home state regulator under Article 18.3 of the emission allowance auctioning regulation; and
b
is seeking to provide services or establish a branch in the United Kingdom in the exercise of the EEA right arising under that provision.
.
6
In paragraph 13 (establishment), in sub-paragraph (4), in the definition of “host state rules” —
a
in paragraph (a), after “single market directive” insert “or for the purposes of the emission allowance auctioning regulation”, and
b
in paragraph (b), after “that directive” insert “or for the purposes of that regulation”.
7
In paragraph 14 (services), in sub-paragraph (4), in the definition of “host state rules” —
a
in paragraph (a), after “single market directive” insert “or for the purposes of the emission allowance auctioning regulation”, and
b
in paragraph (b), after “that directive” insert “or for the purposes of that regulation”.
8
In paragraph 15(1A) (grant of permission), for “paragraph 15A(3)” substitute “paragraphs 15A(3) and 15ZA(1)”.
9
After paragraph 15, insert —
Grant of permission: bidding for emission allowances
15ZA
1
A firm that qualifies for authorisation as a result of paragraph 12(1) or (2) has permission to receive, transmit or submit a bid on behalf of its clients in the exercise of its rights under Article 18.3 of the emission allowance auctioning regulation if it has received authorisation under that provision from its home state regulator.
2
Permission under sub-paragraph (1) is to be treated as being on terms equivalent to those appearing in the authorisation granted to the firm pursuant to Article 18.3 of the emission allowance auctioning regulation.
3
A firm which qualifies for authorisation as a result of paragraph 12(9) has permission to receive, transmit and submit a bid on behalf of its clients in the exercise of its rights under Article 18.3 of the emission allowance auctioning regulation.
4
A firm which qualifies for authorisation as a result of paragraph 12(8) has permission to receive, transmit and submit a bid on its own account or on behalf of clients of its main business under Article 18.2 of the emission allowance auctioning regulation.
5
The permissions referred to in sub-paragraphs (3) and (4) are to be treated as being on terms equivalent to those appearing in the authorisation granted to the firm pursuant to Article 18.2 or 18.3 of the emission allowance auctioning regulation.
.
10
In paragraph 19 (establishment) —
a
in sub-paragraph (1) , after “(5ZA) ” insert “, (5ZB)”.
b
after sub-paragraph (5ZA), insert —
5ZB
This paragraph does not apply to a UK firm having an EEA right which is subject to the conditions of the emission allowance auctioning regulation, in respect of its exercise of that EEA right.
.
11
In paragraph 20 (services) —
a
in sub-paragraph (1) , for “sub-paragraph (4D)” substitute “sub-paragraphs (4D) and (4E)”;
b
after sub-paragraph (4D), insert —
4E
This paragraph does not apply to a UK firm having an EEA right which is subject to the conditions of the emission allowance auctioning regulation, in respect of its exercise of that EEA right.
.
Amendment of the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
5
In regulation 2(1) of the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 (description of business for which appointed representatives are exempt) —
a
renumber sub-paragraph (aa) as (za);
b
after that sub-paragraph, insert —
zb
an activity of the kind specified by article 24A of the Regulated Activities Order (bidding in emissions auctions), where that activity does not consist either of a person dealing on his own account or of the execution of orders on behalf of clients within the meaning of Part 3 of Schedule 2 to that Order;
; and
c
in sub-paragraph (d), for “(aa)” substitute “(za)”.
Amendment of the Financial Services and Markets Act 2000 (Professions) (Non-exempt Activities) Order 2001
6
In article 4 of the Financial Services and Markets Act 2000 (Professions)(Non-exempt Activities) Order 2001 (activities to which exemption from the general prohibition does not apply), after paragraph (c), insert —
ca
article 24A (bidding in emissions auctions);
.
Amendment of the Money Laundering Regulations 2007
7
Regulation 3 of the Money Laundering Regulations 2007 is amended as follows —
a
in paragraph (2), after “(within the meaning of the banking consolidation directive)”, insert “, or when it bids directly in auctions in accordance with the emission allowance auctioning regulation on behalf of its clients”;
b
for paragraph (3)(c), substitute —
c
a person, other than a person falling within Article 2 of the markets in financial instruments directive, whose regular occupation or business is the provision to other persons of an investment activity on a professional basis, when providing or performing investment services or activities (within the meaning of that directive) or when bidding directly in auctions in accordance with the emission allowance auctioning regulation on behalf of clients;
; and
c
after paragraph (3)(c), insert —
ca
a person falling within Article 2(1)(i) of the markets in financial instruments directive, when bidding directly in auctions in accordance with the emission allowance auctioning regulation on behalf of clients of the person’s main business.
.
Amendment of the Recognised Auction Platforms Regulations 2011
8
1
The Recognised Auction Platforms Regulations 2011 are amended as follows.
2
In regulation 5(6)(a) (procedure), for “its intention to do so” substitute “its decision”.
3
After regulation 5, insert —
Power to impose civil penalties
5A
1
If the Authority considers that a recognised auction platform has contravened any requirement in Article 19, 20(7), 21(1) or (2), or 54 of the emission allowance auctioning regulation, it may impose upon on the auction platform a penalty of such amount as it considers appropriate, and for this purpose, “appropriate” means effective, proportionate and dissuasive.
2
The Authority must not impose a penalty on a person under paragraph (1) where there are reasonable grounds for it to be satisfied that the person took all reasonable steps and exercised all due diligence to ensure that the requirement was complied with.
3
In deciding whether a person has failed to comply with the requirements referred to in paragraph (1), the Authority must consider whether the person concerned followed any relevant guidance issued by the Authority.
4
If the Authority is entitled to impose a penalty on a person under this regulation in respect of a particular matter, it may, instead of imposing a penalty in respect of that matter, publish a statement censuring the person.
5
A penalty under this regulation is payable to the Authority.
Procedure for civil penalties
5B
1
If the Authority proposes to take action against a person under regulation 5A, it must give that person a warning notice.
2
A warning notice about a proposal to impose a penalty must state the amount of the proposed penalty.
3
A warning notice about a proposal to publish a statement must set out the terms of the proposed statement.
4
If the Authority decides to take action against a person under regulation 5A, it must without delay give the person a decision notice.
5
A decision notice about the imposition of a penalty must state the amount of the penalty.
6
A decision notice about the publication of a statement must set out the terms of the statement.
7
If the Authority decides to take action against a person under regulation 5A, that person may refer the matter to the Tribunal.
8
In this regulation “the Tribunal” has the meaning given in section 417 of the Act .
9
Sections 387, 389 to 391, 393 and 394 of the Act apply to notices given in accordance with this regulation.
10
Section 388 of the Act applies to notices given in accordance with this regulation and references in subsection (1)(e)(i) of that section to “any right to have a matter referred to the Tribunal which is given by this Act” shall include a right to have a matter referred to the Tribunal under this regulation.
.
PART 4 REVIEW
Review
9
1
Before the end of the review period, the Treasury must —
a
carry out a review of articles 2 to 8,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Treasury must, so far as it is reasonable, have regard to how Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community 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 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
“Review period” means —
a
the period of five years beginning with the day on which articles 2 to 8 come into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this article is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2012 |
The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2012
The Secretary of State for Business, Innovation and Skills, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 , makes the following Regulations.
Citation and commencement
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2012 and come into force on 6th April 2012.
Amendments to the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 are amended as follows.
3
In Schedule 1 (calculation of variable fee) —
a
for paragraph (aa) substitute —
aa
an amount for the time spent in providing the service on work of a specified type, calculated in accordance with the following table —
Table 1
Regulations relating to the relevant service Specified type of work Amount per hour
Regulations 4, 5, 7, 8 and 8B(1)(a) and (b) Equipment testing £85 Type examination £105 Administration £55 Certification decision £130
; and
b
in paragraph (b) omit “with the exception of any service taking place within Great Britain to which regulation 8A or 8B(1)(c) relates,”.
Consequential revocations
4
The following regulations are revoked —
a
regulation 2 of the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2008 ; and
b
regulation 2(6)(b)(i) of the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2010 .
David Willetts
Minister of State for Science and Innovation
Department for Business, Innovation and Skills
6th March 2012
We consent
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2012 |
The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2012
The Treasury makes the following Order in exercise of the powers conferred by paragraph 1 of Schedule 9 to the Taxation of Chargeable Gains Act 1992 .
Citation
1
This Order may be cited as the Taxation of Chargeable Gains (Gilt-edged Securities) Order 2012.
Securities specified as gilt-edged securities
2
For the purpose of the Taxation of Chargeable Gains Act 1992 the following securities are specified as “gilt-edged securities” —
0 ¾ % Index-linked Treasury Gilt 2034
1 ¾ % Treasury Gilt 2017
3 ¾ % Treasury Gilt 2052
0 ⅜ % Index-Linked Treasury Gilt 2062
0 ⅛ % Index-Linked Treasury Gilt 2029.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2012 |
The International Criminal Tribunal for the Former Yugoslavia (Financial Sanctions Against Indictees) (Revocation) 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 International Criminal Tribunal for the Former Yugoslavia (Financial Sanctions Against Indictees) (Revocation) Regulations 2012, and come into force on 4th July 2012.
Revocation
2
The International Criminal Tribunal for the Former Yugoslavia (Financial Sanctions Against Indictees) Regulations 2005 are revoked.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 2012 |
The Official Secrets Act 1989 (Prescription) (Amendment) Order 2012
In accordance with section 14(2) of that Act a draft of this Order 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 Official Secrets Act 1989 (Prescription) (Amendment) Order 2012 and comes into force on 22nd November 2012.
Amendment to the Official Secrets Act 1989 (Prescription) Order 1990
2
1
The Official Secrets Act 1989 (Prescription) Order 1990 is amended as follows.
2
At the end of Schedule 2 insert —
A Police and crime commissioner A Deputy police and crime commissioner Mayor’s Office for Policing and Crime Deputy Mayor for Policing and Crime The Lord Mayor of the City of London The representative of the Court of Common Council acting in its capacity as the Police Authority for the City of London
Signed by the authority of the Secretary of State
Damian Green
Minister of State
Ministry of Justice
14th November 2012 |
The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2012
The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the powers conferred by paragraph 2(2) of Schedule 2 and paragraph 2(2) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 .
Citation and commencement
1
This Order may be cited as the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2012 and comes into force on 16th April 2012.
Amendment of the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008
2
The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008 is amended as follows.
3
In article 2(4), after sub-paragraph (m), insert —
n
in environmental matters.
Signed by authority of the Lord Chancellor,
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
12th March 2012
I concur,
Robert Carnwath
Senior President of Tribunals
15th March 2012 |
The Scotland Act 2012 (Commencement No. 2) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 44(5) of the Scotland Act 2012 .
Citation and interpretation
1
1
This Order may be cited as the Scotland Act 2012 (Commencement No. 2) Order 2012.
2
In this Order, “ the Act ” means the Scotland Act 2012.
Appointed day of 31st October 2012
2
The day appointed for the coming into force of the following provisions of the Act is 31st October 2012 —
a
section 8 (constituencies, regions and regional members);
b
section 13 (exercise of power to make Order disqualifying persons from membership of the Parliament);
c
section 17 (exercise of functions relating to Seirbheis nam Meadhanan Gàidhlig);
d
section 19 (misuse of drugs);
e
section 39 (maximum penalties which may be specified in subordinate legislation); and
f
Schedule 1 (amendments of Schedule 1 to the 1998 Act).
Appointed day of 1st August 2013
3
The day appointed for the coming into force of section 18 of the Act (Crown Estate Commissioner with special responsibility for Scotland) is 1st August 2013.
David Mundell
Parliamentary Under Secretary of State
Scotland Office
Dover House,
London
3rd October 2012 |
The School Teachers’ Incentive Payments (England) Order 2012
The Secretary of State for Education makes the following Order in exercise of the power conferred by section 123(4)(a) of the Education Act 2002 :
Citation, commencement and application
1
1
This Order may be cited as the School Teachers’ Incentive Payments (England) Order 2012 and comes into force on 1st September 2012.
2
This Order applies only in relation to school teachers in England.
Interpretation
2
In this Order —
“authority” means a local authority in England;
“credit” means a credit awarded by the higher education institution provider of the Mathematics Specialist Teacher Programme.
Incentive payments to school teachers
3
A lump sum payment made to a school teacher —
a
by an authority or the governing body of a school maintained by an authority,
b
following that teacher’s attainment of 60 credits at masters level at the completion of the second year of the Mathematics Specialist Teacher Programme funded by the Department for Education,
is not to be treated as remuneration for the purpose of section 122(1) of the Education Act 2002.
Nick Gibb
Minister of State
Department for Education
19th March 2012 |
The Health Education England Regulations 2012
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 29(2) and 272(7) and (8) of, and paragraphs 5 and 13 of Schedule 6 to, the National Health Service Act 2006 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Education England Regulations 2012 and come into force on 28th June 2012.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“chair” means the chairman of HEE ;
“final outcome” in relation to proceedings where there are rights of appeal, means the outcome of proceedings —
once the period for bringing an appeal has expired without an appeal being brought, or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“health service body” means —
a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;
the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under any of sections 4, 10, 10A and 12A of the National Health Service (Scotland) Act 1978 ;
the Care Quality Commission ;
the Health Protection Agency ;
the Independent Regulator of NHS Foundation Trusts ;
the Secretary of State;
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ; and
the Department for Health, Social Services and Public Safety for Northern Ireland;
“HEE” means Health Education England established by article 2 of the Health Education England (Establishment and Constitution) Order 2012 ;
“member”, except in regulation 3(1)(d) and (3) means a member of HEE, including the chair;
“non-officer member”, except in regulation 3(2)(a), means a member who is not an officer of HEE;
“primary care list” means —
a list referred to in section 159(1)(a) to (e) of the Act ;
a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 1977 as the list existed on or before 31st March 2004;
a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 1977 as the list existed on or before 31st March 2004; or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of members
2
1
The non-officer members must be appointed by the Secretary of State.
2
The term of appointment of a non-officer member is such period, not exceeding 4 years, as the Secretary of State specifies on making the appointment.
3
The chair and one other non-officer member must appoint the member who is to be the chief executive of HEE, subject to the approval of the Secretary of State.
4
The chair and non-officer members must appoint the other members who are officers of HEE.
5
A person who has been a member is eligible for re-appointment.
6
A person must not be a non-officer member for a continuous period of more than 10 years.
Disqualification for appointment
3
1
A person (P) is disqualified for appointment as a non-officer member if —
a
within the period of 5 years immediately preceding the date of the proposed appointment, P has been convicted —
i
in the United Kingdom of an offence, or
ii
outside the United Kingdom of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part,
and, in either case, the final outcome of the proceedings was a sentence of imprisonment (whether or not suspended) for a period of not less than three months without the option of a fine;
b
P is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 , Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (which relate to bankruptcy restrictions orders and undertakings);
c
P has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from paid employment with a health service body;
d
P is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds —
i
that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that P should continue to hold the office,
ii
that P failed, without reasonable excuse, to attend a meeting of the body on three successive occasions,
iii
that P failed to declare a pecuniary interest or withdraw from consideration of a matter in respect of which P had a pecuniary interest, or
iv
of misbehaviour, misconduct or failure to carry out P’s duties;
e
that P —
i
is subject to a national disqualification within the meaning of section 159 of the Act ,
ii
is subject to a national disqualification under a decision by the NHS Tribunal which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ,
iii
has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,
iv
is conditionally included in a primary care list ,
v
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002,
vi
is contingently removed from a primary care list , or
vii
has been removed from a primary care list on any of the grounds set out in regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers Lists) Regulations 2004 , or by a direction of the NHS Tribunal, and has not subsequently been included in such a list,
and in this sub-paragraph, a reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
P is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iii
an order under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual); or
g
P has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which P was responsible or to which P was privy or which P’s conduct contributed to or facilitated, or
ii
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with the 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.
2
For the purposes of paragraph (1)(c), P is not to be treated as having been in paid employment by reason only of having been —
a
in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the body;
b
in the case of an NHS trust, the chairman or a non-executive director of the trust; or
c
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust.
3
In paragraph (2)(a), “non-officer member” means a member of a health service body who is not employed by the body.
Cessation of disqualification
4
1
A person who is disqualified under regulation 3(1)(c) may, on the expiry of the period of two years beginning on the date of the dismissal, apply in writing to the Secretary of State to have the disqualification removed.
2
Where a person makes an application under paragraph (1), the Secretary of State may direct that the person’s disqualification under regulation 3(1)(c) is to cease to have effect.
3
If the Secretary of State refuses a person’s application under paragraph (1), no further application may be made by the person before the expiry of the period of two years beginning with the date of the person’s last application.
4
If a person is disqualified under regulation 3(1)(d), the disqualification ceases to have effect on the expiry of the period of two years beginning on the date of the termination of the term of appointment, or such longer period as the Secretary of State may specify when the period of office is terminated.
5
The Secretary of State may reduce the period of disqualification mentioned in paragraph (4) on the application of the disqualified person.
Termination of term of appointment of non-officer members
5
1
A non-officer member may resign from that office at any time during the term of the member’s appointment by giving notice in writing to the Secretary of State.
2
If the Secretary of State thinks that it is not in the interests of, or conducive to the good management of, HEE or of the health service that the term of appointment of a non-officer member should continue, the Secretary of State may terminate the member’s appointment with immediate effect by giving the member notice in writing to that effect.
3
If a non-officer member fails to attend three successive meetings of HEE, the Secretary of State must terminate the member’s appointment with immediate effect unless the Secretary of State is satisfied that —
a
the absence was due to a reasonable cause, and
b
the member will be able to attend meetings of HEE within such period as the Secretary of State thinks reasonable.
4
If a person has been appointed to be a non-officer member and becomes disqualified for appointment under regulation 3, the person must notify the Secretary of State in writing of the disqualification.
5
If it comes to the notice of the Secretary of State that at the time of a person’s appointment as a non-officer member the person was disqualified under regulation 3, the Secretary of State must —
a
declare that the person was not duly appointed, and
b
notify the person in writing to that effect.
6
If it comes to the notice of the Secretary of State (whether under paragraph (5) or otherwise) that a person appointed as a non-officer member has, since the appointment, become disqualified under regulation 3, the Secretary of State must notify the person in writing of such disqualification.
7
If a person receives notice under paragraph (5) or (6), the person’s term of appointment, if any, is terminated with immediate effect and the person is to cease to act as a non-officer member.
8
If it appears to the Secretary of State that a non-officer member has failed to comply with regulation 13, the Secretary of State may terminate the member’s appointment with immediate effect by giving the member notice in writing to that effect.
Suspension of non-officer members
6
1
The Secretary of State may suspend a non-officer member from office while the Secretary of State considers whether —
a
to remove the member under regulation 5(2) or (8), or
b
the member has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.
2
The Secretary of State must give notice to the member of the decision to suspend and the suspension takes effect on the date on which the notification is received by the member.
3
A notice under paragraph (2) may be —
a
delivered in person to the member, in which case the member is treated as receiving it when it was delivered, or
b
sent by first class post to the member’s last known postal address, in which case the member is treated as receiving it on the third day after the day on which it is posted.
4
The initial period of suspension must not exceed 6 months.
5
The Secretary of State may review the member’s suspension at any time.
6
The Secretary of State may review the member’s suspension if requested in writing by the member to do so, but need not carry out a review if a period of less than 3 months has elapsed since the beginning of the initial period of suspension.
7
Following a review, the Secretary of State may —
a
revoke the member’s suspension, or
b
suspend the member for another period of not more than 6 months from the expiry of the current period.
8
The Secretary of State must revoke the member’s suspension if at any time the Secretary of State decides that —
a
there are no grounds to remove the member from office under regulation 5(2) or (8),
b
there are such grounds but the Secretary of State is not minded to remove the member from office under those provisions, or
c
the member is not disqualified for appointment under regulation 3.
Appointment of vice-chair
7
1
The members may appoint one of the non-officer members, other than the chair, to be vice-chair for such period, not exceeding the remainder of that person’s term as a member, as they may specify on the appointment.
2
A member appointed under paragraph (1) may at any time resign from the office of vice-chair by giving notice in writing to the chair or, if the office of chair is vacant, the members.
3
This regulation does not apply if regulation 8 applies.
Appointment of vice-chair where chair is suspended
8
1
This regulation applies where the chair is suspended under regulation 6.
2
If a vice-chair has been appointed under regulation 7(1), that appointment ceases to have effect.
3
The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be vice-chair.
4
The appointment of a vice-chair under paragraph (3) must be for a period not exceeding the shorter of —
a
the period for which the chair is suspended, and
b
the remainder of the non-officer member’s term of appointment as a member.
5
When the period for which a member is appointed as vice-chair expires, the Secretary of State may re-appoint the member as vice-chair or appoint another non-officer member as vice-chair.
6
A person appointed under paragraph (3) or (5) may, at any time, resign from the office of vice-chair by giving notice in writing to the Secretary of State.
7
A notice given under subsection (6) takes effect —
a
if a date is specified in the notice as the date on which the resignation is to take effect, on that date, or
b
in any other case, on the date the notice is received by the Secretary of State.
8
The Secretary of State may terminate a person’s appointment as vice-chair under paragraph (3) or (5) if the Secretary of State thinks that it would be in the best interests of HEE for another non-officer member to be vice-chair.
9
If —
a
a person resigns from the office of vice-chair under paragraph (6), or
b
the Secretary of State terminates a person’s appointment as vice-chair under paragraph (8),
the Secretary of State may appoint another non-officer member as vice-chair under paragraph (3).
Powers of vice-chair
9
1
This regulation applies if —
a
the chair is suspended under regulation 6 and a non-officer member is appointed to be vice-chair under regulation 8; or
b
a non-officer member is appointed to be vice-chair under regulation 7 and —
i
the office of chair is vacant for any reason, or
ii
the chair is unable to perform the duties of chair owing to illness, absence or any other cause.
2
Where this regulation applies —
a
the vice-chair is to act as chair until a new chair is appointed or the existing chair resumes the chair’s duties (as the case may be); and
b
references in the Schedule to the chair are, for so long as there is no chair available to perform the duties of the chair, to be taken to include references to the vice-chair.
Appointment of committees and sub-committees
10
1
Subject to such directions as may be given by the Secretary of State, HEE may, and if so directed must, appoint committees of HEE which may consist wholly or partly of members of HEE or wholly of persons who are not members of HEE.
2
Subject to such directions as may be given by the Secretary of State or HEE, a committee appointed under this regulation may, and if so directed must, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of HEE) or wholly of persons who are not members of HEE or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of HEE.
Arrangements for the exercise of functions
11
Subject to such directions as may be given by the Secretary of State, HEE may make arrangements for the exercise, on behalf of HEE, of any of its functions by a committee or sub-committee appointed by virtue of regulation 10 or by an officer of HEE, in each case subject to such restrictions and conditions as HEE thinks fit.
Meetings and proceedings
12
1
The meetings and proceedings of HEE must be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to the rules set out in the Schedule, regulation 13 and such directions as may be given by the Secretary of State, HEE must make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the Secretary of State, HEE may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of a committee or sub-committee of HEE.
4
Subject to standing orders referred to in paragraph (3), the quorum, proceedings and place of meeting of a committee or sub-committee of HEE are to be such as the committee or sub-committee may determine.
Disability of members in proceedings on account of pecuniary interest
13
1
This paragraph applies where a member has a pecuniary interest, direct or indirect, in a contract, proposed contract or other matter and is present at a meeting of HEE at which the contract, proposed contract or other matter is the subject of consideration.
2
Subject to the following provisions of this regulation, where paragraph (1) applies in respect of a member, the member must at the meeting and as soon as practicable after its commencement, disclose the interest and must not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
3
The Secretary of State may, subject to such conditions as the Secretary of State thinks fit to impose, remove a disability imposed by this regulation if the Secretary of State thinks it is in the interests of the health service to do so.
4
HEE may, by standing orders made under regulation 12(2), provide for the exclusion of a member from a meeting of HEE while any contract, proposed contract or other matter in which the member has a pecuniary interest, direct or indirect, is under consideration.
5
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 2 of Schedule 6 to the Act (pay and allowances) is not a pecuniary interest for the purposes of this regulation.
6
Subject to paragraphs (3) and (7), the member must be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
the member, or his or her nominee, is a director of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
the member is a partner of, or is in the employment of, a person with whom the contract was made, or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two individuals living together as a couple (whether married or in a civil partnership or not) the interest of one is, if known to the other, to be taken for the purpose of this regulation as also being an interest of the other.
7
A member is not to be treated as having a pecuniary interest in a 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 securities of the company or other body; or
b
of an interest in a company, body or person with which the member is connected as mentioned in paragraph (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter.
8
Where a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body;
b
the total nominal value of the securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which the person has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation does not prohibit the member from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it, but, in such circumstances the member must nonetheless disclose their interest.
9
This regulation applies, subject to such directions as may be given by the Secretary of State —
a
to a committee or sub-committee as it applies to HEE; and
b
to a member of a committee or sub-committee (whether or not the person is a member of HEE) as it applies to a member of HEE.
10
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in a share or debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, an industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by HEE
14
HEE must make such reports to the Secretary of State in such manner and at such time as the Secretary of State directs, and must furnish to the Secretary of State such information as the Secretary of State from time to time requires.
Public meeting
15
If, under regulation 14, the Secretary of State directs HEE to make an annual report for any particular year or for each year, HEE must present the report at a public meeting held not later than 30 days after the date on which the report is made.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
15th May 2012
SCHEDULE
RULES AS TO MEETINGS AND PROCEEDINGS OF HEE
Regulation 12(1)
1
The first meeting of HEE is to be held on such day and at such place as may be fixed by the chair and the chair is responsible for convening the meeting.
2
1
The chair may call a meeting of HEE at any time.
2
If a requisition for a meeting, signed by at least one third of the total number of members, is presented to the chair and the chair either —
a
refuses to call a meeting; or
b
without so refusing, does not within 21 days after the requisition has been presented to him or her call a meeting,
those members may immediately call a meeting.
3
In sub-paragraph (2), “total number of members” means the total number of members excluding the chair and any member for the time being suspended under regulation 6.
3
1
Before each meeting of HEE, other than a meeting called pursuant to paragraph 2(2), a notice of the meeting which —
a
specifies the principal business proposed to be transacted at it; and
b
is signed by the chair or by an officer of HEE authorised by the chair to sign on the chair’s behalf,
must be delivered to each member, or sent by post to each member’s last known postal address, at least seven clear days before the date of the meeting.
2
The proceedings of a meeting are not invalidated by failure to deliver such notice to a member.
3
Sub-paragraph (1) of this rule does not apply if the chair thinks that it is necessary to call a meeting without notice.
4
1
At HEE’s first meeting the chair must preside.
2
At a meeting of HEE (other than its first meeting) the chair or, in the chair’s absence, the vice-chair (if there is one and they are present), must preside.
3
If at a meeting of HEE (other than its first meeting) the chair and any vice-chair are absent, such other non-officer member present as the other members present may choose for the purpose must preside.
5
Every question at a meeting must be determined by a majority of votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chair or, in the chair’s absence, the person presiding at the meeting has a second or casting vote.
6
1
Subject to sub-paragraph (2), no business may be transacted at a meeting unless at least two members are present.
2
The chief executive must be present at a meeting of HEE at which other members who are officers of HEE are appointed.
7
1
The minutes of the proceedings of a meeting must be drawn up and must be signed at the next ensuing meeting by the person presiding at the next meeting.
2
The names of the members present at a meeting must be recorded in the minutes. |
The Export Control (Amendment) (No. 2) 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.
Citation and commencement
1
This Order may be cited as the Export Control (Amendment) (No. 2) Order 2012 and comes into force on 10th August 2012.
Amendments to the Export Control Order 2008
2
The Export Control Order 2008 is amended as set out in the Schedule.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
18th July 2012
SCHEDULE
AMENDMENTS TO THE EXPORT CONTROL ORDER 2008
Article 2
1
In article 2(1) (interpretation) —
a
after the definition of “ CEMA ” insert —
“certificate” means a certificate referred to in article 28A(1);
;
b
omit the definition of “The Community General Export Authorisation”;
c
after the definition of “the customs territory” insert —
“the defence-related products Directive” means Directive 2009/43/ EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community
;
d
after the definition of “embargoed destination” insert —
“European military items” means goods, software or technology listed in Schedule 2 except in entry PL5017 or PL5001;
;
e
after the definition of “importation” insert —
“individual” in relation to a licence, means granted to a particular person;
; and
f
after the definition “ UK licence” insert —
“the Union General Export Authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation;
.
2
After article 2 (interpretation), insert —
Crown application
2A
1
The following articles bind the Crown —
a
article 4 (movement of UK controlled dual-use goods, etc. to certain destinations);
b
article 6 (WMD purposes end-use control supplementing the dual-use Regulation);
c
article 7 (control on transfers within the customs territory supplementing the dual-use Regulation);
d
article 8 (transit controls supplementing the dual-use Regulation); and
e
article 9 (provisions supplementing the torture Regulation).
2
The Crown is not criminally liable as a result of a contravention of any of those articles.
3
Paragraph (2) does not affect the application of those articles to persons in the public service of the Crown.
.
3
In article 4A, in paragraph (1) after “pancuronium bromide” insert “or propofol”.
4
After article 14 (exceptions for vessels), insert —
Exception for historic military vehicles
14A
1
The prohibition on the export of military goods in article 3 does not apply to the export of a vehicle or component falling within entry ML6 in Schedule 2 provided that the following conditions are met.
2
The conditions are that —
a
the vehicle or component was manufactured more than 50 years before the date of exportation;
b
the exportation is to a destination in Belgium, France or Germany;
c
the exportation is for the purposes of a military re-enactment, commemorative event or recreational activity; and
d
the vehicle or component is to be returned to the United Kingdom within 3 months of the date of exportation.
.
5
In article 17 (transit or transhipment exception), for sub-paragraph 4(a) substitute —
a
the goods in question either —
i
remain on board a vessel, aircraft or vehicle for the entire period that they remain in the United Kingdom or are goods on a through bill of lading, through air waybill or single transport contract and in any event are exported before the end of the period of 30 days beginning with the date of their importation; or
ii
are European military items which were originally exported from a member State and the destination of the goods following exportation from the United Kingdom is within the EU ;
.
6
In article 28(1)(b) for “Community General Export Authorisation” substitute “Union General Export Authorisation”.
7
After article 28 (registration with the Secretary of State), insert —
Certificates (European military items)
28A
1
For the purposes of Article 9(1) of the defence-related products Directive, the Secretary of State is empowered to grant certificates to recipients established in the United Kingdom of European military items under authorisations granted by competent authorities in other member States.
2
Before granting a certificate, the Secretary of State must establish the reliability of the recipient undertaking and in particular its capacity to observe limitations on the export of European military items which are received under an authorisation granted by a competent authority in another member State. The recipient’s reliability must be assessed according to the following criteria —
a
proven experience in defence activities, taking into account in particular —
i
the undertaking’s record of compliance with export restrictions including any relevant court decisions;
ii
any authorisation held by the undertaking to produce or market European military items;
iii
the employment of experienced management staff by the recipient;
b
relevant industrial activity in European military items within the EU and in particular capacity for system or sub-system integration;
c
the appointment of a senior executive as the dedicated officer personally responsible for exports and transfers;
d
the provision of a written undertaking, signed by the senior executive referred to in sub-paragraph (c), that the undertaking will take all necessary steps to observe and enforce any specific condition of an authorisation granted by a competent authority in another member State relating to end-use and re-export of any specific component or product received;
e
the provision of a written undertaking, signed by the senior executive referred to in sub-paragraph (c), that the undertaking will provide to the Secretary of State upon request detailed information concerning the end-users or end-use of all European military items exported, transferred or received under an authorisation granted by a competent authority in another member State; and
f
the provision of a written description, signed by the senior executive referred to in sub-paragraph (c), of the undertaking’s internal compliance programme or export and transfer management systems. This description must provide details of the organisational, human and technical resources allocated to the management of exports and transfers, the chain of responsibility within the undertaking, internal audit procedures, awareness-raising and staff-training, physical and technical security arrangements, record-keeping and traceability of exports and transfers.
3
A certificate granted by the Secretary of State must contain the following —
a
the name of the competent authority issuing the certificate;
b
the name and address of the recipient;
c
a statement of the recipient’s conformity with the criteria referred to in paragraph 2;
d
the date of issue and the period of validity of the certificate.
4
The period of validity of a certificate granted by the Secretary of State must not exceed five years.
5
A certificate granted by the Secretary of State may be subject to conditions relating to —
a
the provision of information necessary to verify compliance with the criteria set out in paragraph (2);
b
its suspension or revocation.
6
The Secretary of State may by notice amend, suspend or revoke a certificate.
.
8
In article 29 (record-keeping), for paragraph (1) substitute —
1
The following must keep detailed registers or records —
a
a person who acts under the authority of a general licence granted by the Secretary of State;
b
a person who acts under the authority of the Union General Export Authorisation whilst established in the United Kingdom; and
c
a person who acts under the authority of an individual licence to export or transfer European military items within the EU.
.
9
In article 30 (Registration and record keeping – information security items) in paragraph (1) for “Community General Export Authorisation” substitute “Union General Export Authorisation”.
10
After article 33 (licence refusals, etc. and appeals), insert —
Certificates: refusals, etc. and appeals
33A
1
If the Secretary of State decides not to grant a certificate to an applicant, that person must be provided with a written notification setting out the reason for the decision.
2
If the Secretary of State decides to suspend, revoke or amend a certificate, the certificate holder must be provided with a written notification setting out the reason for the decision.
3
A person who has a right under paragraph (1) or (2) to a written notification may within 28 days beginning with the date of the written notification submit an appeal against the decision by notice in writing to the Secretary of State, Export Control Organisation, Department for Business, Innovation and Skills.
4
A notice of appeal must specify the grounds on which it is made and may provide further information or arguments in support of the appeal.
5
Pending determination of an appeal the Secretary of State’s decision continues to have effect.
.
11
In article 37 (misleading applications for licences) —
a
for the heading “Misleading applications for licences” substitute “Misleading applications for licences or certificates”; and
b
in paragraph (1), after “licence” (in each place) insert “or certificate”.
12
In article 38(1) for “Community General Export Authorisation” (in each place) substitute “Union General Export Authorisation”.
13
After article 45 (revocations and transitional arrangements), insert —
Review of the implementation of the defence-related products Directive
46
1
The Secretary of State must from time to time —
a
carry out a review of articles 3, 17, 26, 28, 28A, 29, 31, 33A, 34, 37, 38 and 41 of this Order to the extent that those provisions implement the defence-related products Directive,
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 defence-related products Directive is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by the articles referred to in sub-paragraph 1(a) to the extent that those provisions implement the defence-related products Directive;
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 30th June 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
14
In Part 2 of Schedule 1 (category B goods) —
a
in paragraph 10(a), for “paragraph 11” insert “paragraph 9”;
b
in paragraph 10(aa), for “paragraph 11” insert “paragraph 9”;
c
in paragraph 12, for “paragraph 13” insert “paragraph 11”;
d
in paragraph 14, for “paragraphs 13 or 14” insert “paragraphs 11 or 12”.
15
In Schedule 2 (military goods, software and technology) —
a
for entry ML2.c., substitute —
c. Weapon sights and weapon sight mounts: 1. specially designed for military use, and 2. specially designed for weapons specified in ML2.a.;
;
b
in entry ML4.b. —
i
for “the handling, controlling, activating, powering with one-time operational output, launching, laying, sweeping, discharging, decoying, jamming, detonating, disrupting or detecting of” substitute ““activities” relating to”; and
ii
after “improvised explosive devices” insert —
Technical Note: For the purpose of ML4.b.2. “activities” applies to handling, controlling, activating, powering with one-time operational output, launching, laying, sweeping, discharging, decoying, jamming, detonating, disrupting, detecting or disposing.
;
c
for entry ML6.b., substitute —
b. Other ground “vehicles” and components, as follows: 1. All-wheel drive “vehicles” capable of off-road use which have been manufactured or fitted with metallic or non-metallic materials or components to provide ballistic protection to level III (NIJ 01.08.01, September 1985, or comparable national standard) or better. 2. Components having all of the following — a. specially designed for “vehicles” specified in ML6.b.1.; and b. providing ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better. Technical Note: NIJ 0108.01 means the National Institute of Justice standard for Ballistic Resistance for Protective Materials. N.B.: See also ML13.a. for armoured plate . Note 1: ML6.b. does not control “vehicles” designed or fitted out for the transportation of valuables or funds. Note 2: ML6.b. does not control “vehicles” fitted with, or designed or modified to be fitted with, a plough, flail or tiller for the purpose of land mine clearance.
;
d
omit entry PL5035;
e
in entry ML7.a. —
i
for “and” substitute “or”; and
ii
after “materials” insert “,”;
f
for entry ML7.i.2., substitute —
2. Biological systems containing the genetic information specific to the “production” of “biocatalysts” specified in ML7.i.1. as follows: a. “Expression vectors”; b. Viruses; or c. Cultures of cells.
;
g
in note 1f. to entry ML7 for “Not used;” substitute “This entry is not used;”;
h
delete entry ML8.a.32.g. and insert —
g. This entry is not used;
;
i
re-number the notes following ML8.c.5.b. as “Note 1” and “Note 2” and after them insert —
Note 3 ML8.c.5.b. only applies to metal fuels in particle form when they are mixed with other substances to form a mixture formulated for military purposes such as liquid propellant slurries, solid propellants or pyrotechnic mixtures. N.B.: See also 1C of Annex I to “the dual-use Regulation”.
;
j
for entry ML8.f.4.c., substitute —
c. Ferrocene carboxylic acids including: 1. Ferrocene carboxylic acid ( CAS 1271-42-7), 2. 1,1’-Ferrocenedicarboxylic acid (CAS 1293-87-4) 3. Other Ferrocene carboxylic acids;
;
k
for entry ML10 substitute —
ML10 “Aircraft”, “lighter-than-air vehicles”, unmanned airborne vehicles, aero-engines and “aircraft” equipment, related goods, and components, specially designed or modified for military use, as follows: N.B. Electronic guidance and navigation equipment is controlled in ML11.a.. a. Combat “aircraft” and specially designed components therefor; b. Other “aircraft” and “lighter-than-air vehicles”, specially designed for military use, including military reconnaissance, assault, military training, transporting and airdropping troops or military equipment, logistics support, and specially designed components therefor; c. Unmanned airborne vehicles and related equipment, specially designed or modified for military use, as follows, and specially designed components therefor: 1. Unmanned airborne vehicles including remotely piloted air vehicles ( RPVs ), autonomous programmable vehicles and “lighter-than-air vehicles”; 2. Associated launchers and ground support equipment; 3. Related equipment for command and control; d. Aero-engines specially designed or modified for military use, and specially designed components therefor; e. Airborne equipment including airborne refuelling equipment, specially designed for use with the “aircraft” specified by ML10.a. or ML10.b. or the aero-engines specified in ML.10.d. and specially designed components therefor; f. Pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment developed specially for “aircraft” specified by ML.10.a. or ML.10.b. or for aero-engines specified by ML.10.d; g. Military crash helmets and protective masks, and specially designed components therefore; pressurised breathing equipment and partial pressure suits for use in “aircraft”, anti-g suits, liquid oxygen converters used for “aircraft” or missiles, and catapults and cartridge actuated devices for emergency escape of personnel from “aircraft”; h. Parachutes, paragliders and related equipment, as follows, and specially designed components therefor: 1. Parachutes not specified elsewhere in this schedule; 2. Paragliders; 3. Equipment specially designed for high altitude parachutists; i. Automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.
;
l
in entry ML13 for “NB 2” substitute “NB 2: Military high altitude parachutists’ protective headgear is controlled in ML10.h3.”;
m
for entry ML16, substitute —
ML16 Forgings, castings and other unfinished “goods”, specially designed for any of the “goods” specified in ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.
;
n
in entry ML19.f., for “Continuous wave or pulsed laser” substitute ““Laser””;
o
in entry PL5001 —
i
in paragraph h, replace “;” with “.”;
ii
delete paragraph i.
16
In Schedule 3 (UK controlled dual-use goods, software and technology) in entry PL 9009 b, for “Not used;” substitute “This entry is not used;”. |
The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012
Accordingly the Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 14(2), 15A(1) and 144(4) of the Pensions Act 2008:
Citation, commencement and interpretation
1
1
This Order may be cited as the Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012 and comes into force on the day after it is made.
2
In this Order “ the Act ” means the Pensions Act 2008.
Increase of amounts
2
1
In sections 3(1)(c) and 5(1)(c) of the Act (automatic enrolment), for “£7,475” substitute “£8,105”.
2
In section 13(1) of the Act (qualifying earnings and earnings trigger) —
a
in paragraph (a), for “£5,035” substitute “£5,564”; and
b
in paragraph (b), for “£33,540” substitute “£42,475”.
Rounding of figures
3
For the purposes of sections 3(6B), 5(7B) and 13(2) of the Act, in the case of a pay reference period of a length described in the first row of the table, the rounded figure in respect of the provision of the Act mentioned in the first column of the table is that which appears below the pay reference period which corresponds to that provision.
Table
1 week 2 weeks 4 weeks 1 month 3 months 4 months 6 months
Sections 3(6B) and 5(7B) £156 £312 £624 £676 £2,027 £2,702 £4,053 Section 13(2) (referring to section 13(1)(a)) £107 £214 £428 £464 £1,391 £1,855 £2,782 Section 13(2) (referring to section 13(1)(b)) £817 £1,634 £3,268 £3,540 £10,619 £14,159 £21,238
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
14th June 2012 |
The Social Fund Cold Weather Payments (General) Amendment Regulations 2012
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2012.
2
They come into force on 1st November 2012.
3
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of the principal Regulations
2
1
For Schedule 1 to the principal Regulations (identification of stations and postcode districts), substitute the Schedule set out in Schedule 1 to these Regulations.
2
For Schedule 2 to the principal Regulations (specified alternative stations), substitute the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
5th September 2012
SCHEDULE 1
Regulation 2(1)
The following Schedule is substituted for Schedule 1 to the principal Regulations —
SCHEDULE 1
IDENTIFICATION OF STATIONS AND POSTCODE DISTRICTS
Regulation 2(1)(a) and (2)
Column (1)
Meteorological Office Station
Column (2)
Postcode districts
1. Aberporth SA35-48, SA64-65. 2. Aboyne AB30-34, AB38, AB51-55, DD8-9. 3. Albemarle DH1-7, DH9, DL4-5, DL14-17, NE1-13, NE15-18, NE20-21, NE23, NE25-46, SR1-7, TS21, TS28-29. 4. Andrewsfield CB1-5, CB10-11, CB21-25, CM1-9, CM11-24, CM77, CO9, RM4, SG8-11. 5. Auchincruive DG9, KA1-26, KA28-30, PA20. 6. Aultbea IV21-22, IV26. 7. Aviemore AB37, IV13, PH19-26. 8. Bainbridge BD23-24, DL8, DL11-13. 9. Bedford MK1-19, MK40-46, NN1-16, NN29, PE19, SG 5-7, SG15-19. 10. Bingley BB4, BB8-12, BB18, BD1-22, BL0, BL7-8, HD3, HD7-9, HX1-7, LS21, LS29, OL1-5, OL11-16, S36. 11. Bishopton G1-5, G11-15, G20-23, G31-34, G40-46, G51-53, G60-62, G64, G66, G69, G71-78, G81-84, ML1-5, PA1-19, PA21-27, PA32. 12. Boscombe Down BA12, RG28, SO20-23, SP1-5, SP7, SP9-11. 13. Boulmer NE22, NE24, NE61-70. 14. Braemar AB35-36, PH10-11, PH18. 15. Brize Norton OX1-6, OX8, OX10-14, OX18, OX20, OX25-29, OX33, OX44, SN7. 16. Capel Curig LL24-25, LL41. 17. Cardinham (Bodmin) PL13-18, PL22-35, TR9. 18. Carlisle CA1-8, DG12, DG16. 19. Cassley IV27-28, KW11, KW13. 20. Charlwood BN5-6, BN44, GU5-6, ME6, ME14-20, RH1-20, TN1-20, TN22, TN27. 21. Charterhall NE71, TD 1-6, TD8, TD10-15. 22. Chivenor EX23, EX31-34, EX39. 23. Coleshill B1-21, B23-38, B40, B42-50, B60-80, B90-98, CV1-12, CV21-23, CV31-35, CV37, CV47, DY1-14, LE10, WS1-15, WV1-16. 24. Crosby CH41-49, CH60-66, FY1-8, L1-40, PR1-5, PR8-9, PR25-26. 25. Culdrose TR1-8, TR10-20, TR26-27. 26. Dunkeswell Aerodrome DT6-8, EX1-5, EX8-15, EX24, TA21. 27. Dunstaffnage PA30-31, PA34-35, PA37-38, PA62-65, PA67-75, PA80. 28. Dyce AB10-16, AB21-25, AB39, AB41-43. 29. Edinburgh Gogarbank EH1-42, EH47-49, EH51-55, FK1-7, FK9-10, KY3, KY11-13. 30. Eskdalemuir DG3-4, DG10-11, DG13-14, ML12, TD7, TD9. 31. Filton BS1-11, BS13-16, BS20-24, BS29-32, BS34-37, BS39-41, BS48-49, GL11-13, NP16, NP26. 32. Fylingdales YO13, YO18, YO21-22, YO62. 33. Gravesend BR5-8, CM0, DA1-18, ME1-5, ME7-8, RM1-3, RM5-20, SS0-17. 34. Hawarden Airport CH1-8, LL11-14, SY14. 35. Heathrow BR1-4, CR0, CR2-9, E1-18, E1W, EC1-4, EN1- 5, EN7-11, HA0-9, IG1-11, KT1-24, N1-22, NW1-11, SE1-28, SL0, SL3, SM1-7, SW1-20, TW1-20, UB1-10, W1-14, WC1-2, WD1-2. 36. Hereford-Credenhill GL1-6, GL10, GL14-20, GL50-53, HR1-9, NP7-8, NP15, NP25, SY8, WR1-11, WR13-15. 37. Herstmonceux, West End BN7-8, BN20-24, BN26-27, TN21, TN31-40. 38. High Wycombe HP5-23, HP27, OX9, OX39, OX49, RG9, SL7-9. 39. Hurn (Bournemouth Airport) BH1-25, BH31, DT1-2, DT11, SP6. 40. Isle of Portland DT3-5. 41. Keele CW1-3, CW5, ST1-8, ST11-12, ST14-21. 42. Kinloss AB44-45, AB56, IV1-3, IV5, IV7-12, IV15-20, IV30-32, IV36. 43. Kirkwall KW15-17. 44. Lake Vyrnwy LL20-21, LL23, SY10, SY15-17, SY19, SY21-22. 45. Leconfield DN14, HU1-20, YO11-12, YO14-17, YO25. 46. Leek DE4, DE45, S32-33, SK17, SK22-23, ST9-10, ST13, SK13. 47. Lerwick ZE1-3. 48. Leuchars DD1-7, DD10-11, KY1-2, KY4-10, KY15-16, PH12, PH14. 49. Linton on Ouse DL1-3, DL6-7, DL9-10, HG1-5, LS1-20, LS22-28, TS9, TS15-16, YO1, YO7-8, YO10, YO19, YO23-24, YO26, YO30-32, YO41-43, YO51, YO60-61. 50. Liscombe EX16, EX35-36, TA22, TA24. 51. Little Rissington CV36, GL54-56, OX7, OX15-17, WR12. 52. Loch Glascarnoch IV4, IV6, IV14, IV23-24, IV63. 53. Loftus SR8, TS1-8, TS10-14, TS17-20, TS22-27. 54. Lusa IV40-49, IV51-56, PH36, PH38-41. 55. Lyneham BA1-3, BA11, BA13-15, GL7-9, RG17, SN1-6, SN8-16, SN25-26. 56. Machrihanish KA27, PA28-29, PA41-49, PA60. 57. Manston CT1-21, ME9-13, TN23-26, TN28-30. 58. Marham CB6-7, IP24-28, PE12-14, PE30-38. 59. Mona LL33-34, LL42-49, LL51-78. 60. North Wyke EX6-7, EX17-22, EX37-38, PL19-21,TQ1-6, TQ9-14. 61. Norwich Airport NR1-35. 62. Nottingham Watnall CV13, DE1-3, DE5-7, DE11-15, DE21-24, DE55-56, DE65, DE72-75, LE1-9, LE11-14, LE16-19, LE65, LE67, NG1-22, NG25, NG31-34. 63. Pembrey Sands SA1-8, SA14-18, SA31-34, SA61-63, SA66-73. 64. Plymouth PL1-12, TQ7-8. 65. Redesdale CA9, DH8, NE19, NE47-49. 66. Rhyl LL15-19, LL22, LL26-32. 67. Rothamsted AL1-10, EN6, HP1-4, LU1-7, SG1- 4, SG12-14, WD3-7, WD17-19, WD23-25. 68. St. Athan CF3, CF5, CF10-11, CF14-15, CF23-24, CF31-36, CF61-64, CF71-72, NP10, NP18-20, SA10-13. 69. St. Bees Head CA13-15, CA18-28. 70. Salsburgh EH43-46, G65, G67-68, ML6-11. 71. Scilly, St. Mary’s TR21-25. 72. Sennybridge LD1-8, SA19-20, SY7, SY9, SY18. 73. Shap CA10-12, CA16-17, LA8-10, LA21-23. 74. Shawbury SY1-6, SY11-13, TF1-13. 75. Sheffield DN1-8, DN11-12, HD1-2, HD4-6, S1-14, S17-18, S20-21, S25-26, S35, S40-45, S60-66, S70-75, S80-81, WF1-17. 76. South Farnborough GU1-4, GU7-35, GU46-47, GU51-52, RG1-2, RG4-8, RG10, RG12, RG14, RG18-27, RG29-31, RG40-42, RG45, SL1-2, SL4-6, SO24. 77. Stonyhurst BB1-3, BB5-7, LA2, LA6-7, PR6. 78. Stornoway Airport HS1-9. 79. Strathallan FK8, FK11-19, G63, KY14, PH1-7, PH13. 80. Thorney Island BN1-3, BN9-18, BN25, BN41-43, BN45, PO1-22, PO30-41, SO14-19, SO30-32, SO40-43, SO45, SO50-53. 81. Threave DG1-2, DG5-8. 82. Tiree PA61, PA66, PA76-78, PH42-44. 83. Trawsgoed LL35-40, SY20, SY23-25. 84. Tredegar CF37-48, CF81-83, NP4, NP11-13, NP22-24, NP44, SA9. 85. Tulloch Bridge FK20-21, PA33, PA36, PA40, PH8-9, PH15-17, PH30-35, PH37, PH49-50. 86. Waddington DN9-10, DN13, DN15-22, DN31-41, LN1-13, NG23-24, PE10-11, PE20-25. 87. Walney Island LA1, LA3-5, LA11-20. 88. Wattisham CB8-9, CO1-8, CO10-16, IP1-23, IP29-33. 89. Wick Airport IV25, KW1-3, KW5-10, KW12, KW14. 90. Wittering LE15, NN17-18, PE1-9, PE15-17, PE26-29. 91. Yeovilton BA4-10, BA16, BA20-22, BS25-28, DT9-10, SP8, TA1-20, TA23.
SCHEDULE 2
Regulation 2(2)
The following Schedule is substituted for Schedule 2 to the principal Regulations —
SCHEDULE 2
SPECIFIED ALTERNATIVE STATIONS
Regulation 2(1A)(a) and (1B)(a)
Column (1) Column (2) Meteorological Office Station Specified Alternative Station
Aberporth Pembrey Sands Boulmer Albemarle Braemar Aboyne Capel Curig Lake Vyrnwy Cardinham (Bodmin) North Wyke Carlisle Keswick Charlwood Kenley Airfield Coleshill Pershore College Crosby Rhyl Culdrose Scilly St Marys Dunstaffnage Lusa Edinburgh Gogarbank Strathallan Eskdalemuir Redesdale Filton St Athan Gravesend Kenley Airfield Heathrow Gravesend Hereford-Credenhill Pershore College High Wycombe Rothamsted Hurn (Bournemouth Airport) Swanage Keele Shawbury Kinloss Lossiemouth Leconfield Linton on Ouse Linton on Ouse Church Fenton Liscombe North Wyke Mona Rhyl North Wyke Okehampton Rhyl Crosby Rostherne Keele St Athan Mumbles St Bees Head Threave Sennybridge Tredegar Shap Keswick Sheffield Nottingham - Watnall Thorney Island Solent Threave Dundrennan Tiree Lusa Trawsgoed Aberporth Tulloch Bridge Aviemore. |
The Further Education Teachers’ Qualifications, Continuing Professional Development and Registration (England) (Amendment) Regulations 2012
The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 136(a) and (c), 145 and 210(7) of the Education Act 2002 :
Citation and commencement
1
These Regulations may be cited as the Further Education Teachers’ Qualifications, Continuing Professional Development and Registration (England) (Amendment) Regulations 2012 and come into force on 1st April 2012.
Amendment of the Further Education Teachers’ Qualifications (England) Regulations 2007
2
In regulation 2(1) (interpretation) of the Further Education Teachers’ Qualifications (England) Regulations 2007 , in the definition of “QTS” for “General Teaching Council for England” substitute “Secretary of State”.
Amendment of the Further Education Teachers’ Continuing Professional Development and Registration (England) Regulations 2007
3
1
The Further Education Teachers’ Continuing Professional Development and Registration (England) Regulations 2007 are amended as follows.
2
In regulation 2 (application), after paragraph (2) insert —
3
These Regulations do not apply to a teacher who is employed solely in a sixth form college and who holds, or who has commenced a course of teacher training with a view to obtaining, qualified teacher status awarded by the Secretary of State.
;
3
In regulation 4(6) (continuing professional development of teachers), after “teacher” omit the words “, other than one who is employed solely in a sixth form college and is registered with the GTC(E),”.
4
In regulation 5 (registration of teachers) —
a
in paragraph (1) for the words “paragraphs (2) and (3)” substitute “paragraph (3)”;
b
omit paragraph (2);
c
in paragraph (3) after “institution” omit the words “and is registered with the GTC(E),”;
d
omit paragraph (4).
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
7th March 2012 |
The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012
In accordance with section 145(7) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and interpretation
1
This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 and comes into force on 1st October 2012.
2
In this Order —
a
a “debt relief order” means a debt relief order under Part 7A of the Insolvency Act 1986 ; and
b
a “debt relief restrictions order”, a “debt relief restrictions undertaking”, an “interim debt relief restrictions order” and an “interim debt relief restrictions undertaking” are those made or given under section 251V of and Schedule 4ZB to the Insolvency Act 1986 .
Consequential amendments to or in connection with disqualification provisions
3
1
Schedule 1, which amends the Company Directors Disqualification Act 1986 , has effect.
2
Schedule 2, which amends other Acts of Parliament, has effect.
3
Schedule 3, which amends instruments made under Acts of Parliament, has effect.
Extent
4
1
The amendment in Schedule 1 extends to England and Wales only.
2
An amendment in Schedule 2 or 3 extends to any part of the United Kingdom to which the amended enactment extends.
Transitional provisions
5
The amendments made by Schedule 2 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 6 and as provided in article 9.
6
The amendments made by paragraphs 5, 9, 15, 26, 42, 48, 49, 50(2)(b), 50(3)(b), 51, 53(3)(b), 53(3)(e), 53(4), 54(3), 58(3), 60 and 62(3) of Schedule 2 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.
7
The amendments made by Schedule 3 apply only in relation to a debt relief order the application for which is made after the coming into force of this Order, except for the amendments made by the provisions listed in article 8 and as provided in article 9.
8
The amendments made by paragraphs 4(4), 6, 8, 10, 12, 13, 14, 15, 17, 18, 24, 25, 31(2)(b), 31(3)(b), 32(2)(b), 32(3)(b), 33(2)(b), 33(3)(b), 37(2)(b), 38, 39(b), 41, 42, 43, 44, 45(2)(b), 47(2)(b), 47(3)(b), 48(2)(b), 48(3)(b), 50(2)(b), 50(3)(b), 51(2)(b), 51(3)(b), 52(2)(b), 52(3)(b), 54, 55 and 56 of Schedule 3 apply only in relation to a debt relief restrictions order, an interim debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions undertaking where the order is made, or (as the case may be) the debtor gives the undertaking, after the coming into force of this Order.
9
In relation to paragraph 34(3)(b) of Schedule 2 and paragraphs 1, 7(b) and 40 of Schedule 3 —
a
where the amendment applies in respect of a debt relief order, it applies only in relation to a debt relief order the application for which is made after the coming into force of this Order;
b
where the amendment applies in respect of a debt relief restrictions order or interim debt relief restrictions order or a debt relief restrictions undertaking or interim debt relief restrictions undertaking, it applies only where the relevant order is made after the coming into force of this order or where the debtor gives the relevant undertaking after the coming into force of this order.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
15th September 2012
SCHEDULE 1
Consequential amendment of Company Directors Disqualification Act 1986
Article 3(1)
1
In section 11 of the Company Directors Disqualification Act 1986, for subsection (2) substitute —
2
For this purpose, the court is —
a
in the case of a person adjudged bankrupt or, in Scotland, whose estate was sequestrated, the court by which the person was adjudged bankrupt or sequestration of the person’s estate was awarded,
b
in the case of a person in respect of whom a court made a debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), the court by which the order was made, and
c
in the case of any other person, the court to which the person would make an application under section 251M(1) of the Insolvency Act 1986 (if the person were dissatisfied as mentioned there).
.
SCHEDULE 2
Amendment of disqualification provision made by Act of Parliament
Article 3(2)
Public Trustee Act 1906
1
In section 13(4) of the Public Trustee Act 1906 (investigation and audit of trust accounts), after “or dies,” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Agriculture Act 1947
2
In paragraph 13(4) of Schedule 9 to the Agriculture Act 1947 (chairman of Agricultural Land Tribunal), after “creditors” insert “, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the chairman”.
Agriculture Act 1967
3
In paragraph 6(a) of Part II of Schedule 5 to the Agriculture Act 1967 (constitution and procedure of boards), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has”.
Development of Tourism Act 1969
4
1
Schedule 1 to the Development of Tourism Act 1969 (incorporation and status of Tourist Boards) is amended as follows.
2
After paragraph 5(1)(b) insert —
ba
has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or
.
3
After paragraph 5(2) insert —
3
In this paragraph, references to a member of the Board do not, in so far as sub-paragraph (1)(ba) applies, include persons who are members of VisitScotland.
Local Government Act 1972
5
In section 80(1)(b) of the Local Government Act 1972 (disqualifications for election etc ), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Health and Safety at Work Act etc 1974
6
In paragraph 5(b) of Schedule 2 to the Health and Safety at Work etc. Act 1974 (the Health and Safety Executive – terms of appointment), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Consumer Credit Act 1974
7
In section 37(1)(b) of the Consumer Credit Act 1974 (death, bankruptcy etc of licensee), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Solicitors Act 1974
8
1
The Solicitors Act 1974 is amended as follows.
2
In section 15(1) (suspension of practising certificate), after “bankruptcy of a solicitor” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor”.
3
In section 16 (duration of suspension) —
a
after subsection (2) insert —
2A
The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate —
a
if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 5A.16 of the Insolvency Rules 1986 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;
b
if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.
.
b
in subsection (3)(b) after “bankruptcy” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him”.
Industry Act 1975
9
In paragraph 6(1)(c) of Schedule 3 to the Industry Act 1975 (establishment of a tribunal), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Estate Agents Act 1979
10
1
Section 23 of the Estate Agents Act 1979 (bankrupts) is amended as follows.
2
After subsection (1), insert —
1A
An individual in respect of whom a debt relief order (under Part 7A of the Insolvency Act 1986) is made shall not engage in estate agency work of any description except as an employee of another person
.
3
After subsection (2), insert —
2A
The prohibition imposed on an individual by subsection (1A) shall cease to have effect if and when —
a
the debt relief order is revoked for reasons falling within section 251(L)(2)(a) or (c) of the Insolvency Act 1986;
b
the individual is discharged from all the qualifying debts specified under the debt relief order at the end of the moratorium period applicable to the order; or
c
the debt relief order is revoked and a period of one year has elapsed beginning with the effective date for the order.
.
4
In subsection (3), for “The reference in subsection (1) above” substitute “The references in this section”.
5
In subsection (4), for “of subsection (1) above” substitute “of this section”.
National Heritage Act 1980
11
In Schedule 1 to the National Heritage Act 1980 (trustees of National Heritage Memorial Fund – tenure of office), after paragraph 3(4)(b) insert —
ba
he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986);
.
Local Government, Planning and Land Act 1980
12
In paragraph 6(a) of Schedule 26 to the Local Government, Planning and Land Act 1980 (Urban Development Corporations – members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Public Passenger Vehicles Act 1981
13
1
The Public Passenger Vehicles Act 1981 is amended as follows.
2
In section 19, after subsection (3)(a) insert —
aa
the making of a debt relief order in respect of the holder (under Part 7A of the Insolvency Act 1986); or
.
3
In section 57(2)(b) (death, bankruptcy etc of licence holder), after “bankrupt or” insert “has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or”.
Fisheries Act 1981
14
In Schedule 1 to the Fisheries Act 1981 (the Sea Fish Industry Authority – members), after paragraph 5(b) insert —
ba
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
.
Transport Act 1981
15
In paragraph 3(2)(a) of Schedule 2 to the Transport Act 1981 (Associated British Ports - resignation and vacation of office), for “or an interim order” substitute “, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
New Towns Act 1981
16
In paragraph 5(a) of Schedule 3 to the New Towns Act 1981 (development corporations – appointment and tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Civil Aviation Act 1982
17
In paragraph 5(1)(b) of Schedule 1 to the Civil Aviation Act 1982 (Civil Aviation Authority – appointment and tenure of members), after “bankrupt or” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986), or has”.
National Heritage Act 1983
18
In paragraph 3(7)(b) of Schedule 3 to the National Heritage Act 1983 (the Historic Buildings and Monuments Commission for England – membership), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Local Government Act 1985
19
In paragraph 2(3)(a) of Schedule 13 to the Local Government Act 1985 (residuary bodies – tenure of office of members), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Administration of Justice Act 1985
20
1
The Administration of Justice Act 1985 is amended as follows.
2
In section 16 (conditional licences) —
a
in subsection (1) —
i
after paragraph (f), insert —
fa
while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
; and
ii
after paragraph (g), insert —
ga
after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;
;
b
in subsection (4) —
i
after “(f)” insert “(fa)”;
ii
after “(g)” insert “(ga)”.
3
In section 18 (suspension or termination of licences) —
a
in subsection (1) —
i
after “licensed conveyancer” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer”; and
ii
after “any such adjudication” insert “or any such order”;
b
after subsection (2) insert —
2ZA
The suspension of a licence by virtue of subsection (1) shall terminate —
a
if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 5A.16 of the Insolvency Rules 1986 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or
b
if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order
.
Housing Act 1985
21
In section 121(2) of the Housing Act 1985 (circumstances in which the right to buy cannot be exercised) —
a
at the end of paragraph (c) omit “or”,
b
after paragraph (d) insert —
or
e
is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).
.
Animals (Scientific Procedures) Act 1986
22
In section 19(7)(b) of the Animals (Scientific Procedures) Act 1986 (member of Animal Procedures Committee), after “bankrupt or”, insert “a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”.
Insolvency Act 1986
23
In section 389A(3) of the Insolvency Act 1986 (authorisation of nominees and supervisors), after paragraph (a) insert —
aa
a moratorium period under a debt relief order applies in relation to him (under Part 7A of this Act),
.
Criminal Justice Act 1988
24
1
The Criminal Justice Act 1988 is amended as follows.
2
In section 172(3) (extent), after “section 133 to 133B” insert “, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only”.
3
In Schedule 12 (assessors for compensation for miscarriages of justice), after paragraph 5(b) insert —
ba
a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;
.
Housing Act 1988
25
In paragraph 6(a) of Schedule 7 to the Housing Act 1988 (Housing Action Trusts – constitution), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Human Fertilisation and Embryology Act 1990
26
In paragraph 4A(1)(a) of Schedule 1 to the Human Fertilisation and Embryology Act 1990 (disqualification for being appointed to Authority), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Environmental Protection Act 1990
27
In paragraph 6(a) of Schedule 6 to the Environmental Protection Act 1990 (the Countryside Council for Wales – constitution and membership), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or”.
Trade Union and Labour Relations (Consolidation) Act 1992
28
1
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
2
In section 249(5)(b) (terms of appointment of members of the Council of the Advisory, Conciliation and Arbitration Service), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
3
In section 261(5)(a) (terms of appointment of members of the Central Arbitration Committee), after “bankrupt or” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
National Lottery etc Act 1993
29
1
The National Lottery etc Act 1993 is amended as follows.
2
In paragraph 3(5)(b) of Schedule 2A (National Lottery Commission – tenure of office), after “his creditors,” where it occurs for the first time, insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
3
In paragraph 4(1)(a) of Schedule 4A (Big Lottery Fund – tenure of membership), after “against him,” insert “or a debt relief order has been made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Coal Industry Act 1994
30
In paragraph 1(4)(b) of Schedule 1 to the Coal Industry Act 1994 (membership of the Coal Authority), after “sequestrated” insert “, that a debt relief order has been made in respect of him”.
Trade Marks Act 1994
31
In section 77(3)(c)(i) of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.
Goods Vehicles (Licensing of Operators) Act 1995
32
In section 26(1)(g) of the Goods Vehicles (Licensing of Operators) Act 1995 (revocation, suspension and curtailment of operators’ licences), after “bankrupt” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Environment Act 1995
33
1
The Environment Act 1995 is amended as follows.
2
In paragraph 1(3)(b) of Schedule 1 (the Environment Agency – membership), after “bankrupt,” insert “that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him,”.
3
In paragraph 7(b) of Schedule 6 (the Scottish Environment Protection Agency – membership), after “bankrupt,” insert “has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him,”.
Pensions Act 1995
34
1
The Pensions Act 1995 is amended as follows.
2
In section 4 (suspension Orders) —
a
in subsection (1)(c) after “concluded”, insert “or an application has been made by him for a debt relief order (under Part 7A of the Insolvency Act 1986) and the application has not been determined”;
b
in subsection (2)(b) after “concluded” insert “or, in the case of an application for a debt relief order, the application is determined”.
3
In section 29 (persons disqualified for being trustees) in subsection (1) —
a
in paragraph (b), after “interim”, insert “bankruptcy restrictions”;
b
after paragraph (b) insert —
ba
a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),
.
Employment Tribunals Act 1996
35
In section 25(4)(b) of the Employment Tribunals Act 1996 (tenure of appointed members), after “bankrupt or” insert “had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has”.
Housing Act 1996
36
In paragraph 4(2)(a) of Schedule 1 to the Housing Act 1996 (registered social landlord – power to remove director, trustee, member etc.), after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him, or he”.
Public Processions (Northern Ireland) Act 1998
37
In paragraph 3(4)(b) of Schedule 1 to the Public Processions (Northern Ireland) Act 1998 , after “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him or he has”.
Bank of England Act 1998
38
1
The Bank of England Act 1998 is amended as follows.
2
In paragraph 8(b) of Schedule 1 (Court of directors – removal from office), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.
3
In paragraph 9(1)(b) of Schedule 3 (Monetary Policy Committee – removal of appointed members), after “bankrupt” insert “, that a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him”.
Audit Commission Act 1998
39
In paragraph 4(4)(a) of Schedule 1 to the Audit Commission Act 1998 (the Audit Commission – tenure of office), after “creditors” insert “, or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
National Minimum Wage Act 1998
40
In paragraph 1(6)(a) of Schedule 1 to the National Minimum Wage Act 1998 (Low Pay Commission – membership), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Access to Justice Act 1999
41
In paragraph 5(a) of Schedule 1 to the Access to Justice Act 1999 (Legal Services Commission - Tenure of members), after “creditors” insert “or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him”.
Greater London Authority Act 1999
42
In section 21(1)(c) of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Food Standards Act 1999
43
In paragraph 4(a) of Schedule 1 to the Food Standards Act 1999 (Food Standards Agency – tenure of office of members), after “bankrupt,” insert “has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
Political Parties, Elections and Referendums Act 2000
44
In paragraph 3 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission – tenure of office) —
a
after sub-paragraph (5) (d) insert —
da
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
;
b
after sub-paragraph (8) insert —
9
In this paragraph, sub-paragraph (5)(da) does not extend to Gibraltar.
.
Private Security Industry Act 2001
45
In paragraph 3(1)(d) of Schedule 1 to the Private Security Industry Act 2001 (the Security Industry Authority – membership), after sub-paragraph (d) insert —
da
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986),
.
Office of Communications Act 2002
46
In paragraph 2(4)(a) of the Schedule to the Office of Communications Act 2002 (the Office of Communications – membership), after “bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.
Education Act 2002
47
In paragraph 4(a) of Schedule 11 to the Education Act 2002 (school teachers’ review body – membership), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Railways and Transport Safety Act 2003
48
1
The Railways and Transport Safety Act 2003 is amended as follows.
2
In paragraph 2(c) of Schedule 1 (dismissal of member of Office of Rail Regulation), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
3
In paragraph 7(3)(a) of Schedule 4 (British Transport Police Authority – disqualification), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Local Government Act 2003
49
In paragraph 2(1)(b) of Schedule 4 to the Local Government Act 2003 (disqualification for being appointed member of Valuation Tribunal Service), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Energy Act 2004
50
1
The Energy Act 2004 is amended as follows.
2
In paragraph 1(7) of Schedule 1 (Nuclear Decommissioning Authority – tenure of office) —
a
in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and
b
in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
3
In paragraph 2(6) of Schedule 10 (Civil Nuclear Police Authority – terms of appointment) —
a
in paragraph (a), after “discharged”, insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”; and
b
in paragraph (b), at the end, insert “or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”.
Human Tissue Act 2004
51
In paragraph 3(1)(a) of Schedule 2 to the Human Tissue Act 2004 (Human Tissue Authority - disqualification), for “or interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Constitutional Reform Act 2005
52
1
The Constitutional Reform Act 2005 is amended as follows.
2
In paragraph 15(2)(c) of Schedule 12 (Judicial Appointments Commission), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 5(2)(e) of Schedule 13 (Judicial Appointments and Conduct Ombudsman), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
Mental Capacity Act 2005
53
1
The Mental Capacity Act 2005 is amended as follows.
2
In section 10(2) (appointment of donees) after “bankrupt” insert “or is a person in relation to whom a debt relief order is made”.
3
In section 13 (revocation of lasting power of attorney) —
a
in subsection (3) after “bankruptcy” insert “, or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of P,”;
b
in subsection (4) after “in respect of him” insert “or where P is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)”;
c
in subsection (6)(b) after “ donee” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donee”;
d
in subsection (8) after “donee” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a donee”;
e
in subsection (9) after “him” insert “or where the donee is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986),”.
4
In section 64 (interpretation) —
a
after subsection (3) insert —
3A
In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.
;
b
after subsection (4) insert —
4A
“Debt relief restrictions order” includes an interim debt relief restrictions order.
.
5
In paragraph 17(1)(a) of Schedule 1 (lasting powers of attorney: formalities) after “bankruptcy” insert “or a debt relief order (under Part 7A of the Insolvency Act 1986) having been made in respect of the donor”.
6
In Schedule 4 (provisions applying to existing enduring powers of attorney) —
a
in paragraph 2(5)(a) after “bankrupt” insert “or is not subject to a debt relief order (under Part 7A of the Insolvency Act 1986)”;
b
in paragraph 2(7) after “attorney” insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;
c
in paragraph 2(8) after “him” insert “or where the donor or attorney is subject to an interim debt relief restrictions order”;
d
in paragraph 17(b) after “attorney” where it first appears insert “or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney”;
e
in paragraph 22 —
i
after sub-paragraph (1) insert —
1A
In paragraph 2(7), the reference to the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the attorney is to be read as a reference to the making of a debt relief order in respect of the last remaining attorney under the power; and the making of a debt relief order in respect of any other attorney under the power causes that person to cease to be an attorney under the power.
;
ii
after sub-paragraph (2) insert —
2A
In paragraph 2(8), the reference to the suspension of the power is to be read as a reference to its suspension in so far as it relates to the attorney in respect of whom the interim debt relief restrictions order has effect.
.
Serious Organised Crime and Police Act 2005
54
1
Paragraph 4 of Schedule 1 to the Serious Organised Crime and Police Act 2005 (Serious Organised Crime Agency –removal from office) is amended as follows.
2
In sub-paragraph (d), after “discharged” insert “or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)”.
3
After sub-paragraph (e), insert —
ea
he is the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986.
.
Gambling Act 2005
55
1
The Gambling Act 2005 is amended as follows —
2
In section 114(1)(c) (lapse), after “ (c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.
3
In section 194(1)(c) (lapse), after “(c45)),” insert “or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986),”.
4
In paragraph 15(1)(c) of Schedule 10 (family entertainment centre gaming machine permits), after “(c45)),” insert “or a debt relief order is made in respect of him (under Part 7A of the Insolvency Act 1986)”.
5
In paragraph 15(1)(c) of Schedule 14 (prize gaming permits), after “(c45)),” insert “or a debt relief order is made in respect of him, (under Part 7A of the Insolvency Act 1986)”.
Natural Environment and Rural Communities Act 2006
56
1
The Natural Environment and Rural Communities Act 2006 is amended as follows.
2
In paragraph 7(b) of Schedule 1 (Natural England – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 7(b) of Schedule 2 (Commission for Rural Communities – removal from office), after “bankrupt” insert “or has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
4
In paragraph 6(b) of Schedule 4 (Joint Nature Conservation Committee – removal from office), after “bankrupt” insert “or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
National Health Service Act 2006
57
In paragraph 8(1) of Schedule 7 to the National Health Service Act 2006 (Public Benefit Corporations – constitution), after paragraph (a) insert “(aa) a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986),”.
Safeguarding Vulnerable Groups Act 2006
58
1
Paragraph 2(4) of Schedule 1 to the Safeguarding Vulnerable Groups Act 2006 (Independent Barring Board – tenure of office) is amended as follows.
2
after paragraph (c) insert —
ca
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
.
3
after paragraph (d) insert —
da
he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);
.
Armed Forces Act 2006
59
1
The Armed Forces Act 2006 is amended as follows.
2
In section 384 (extent to Channel Islands, Isle of Man and British overseas territories) after sub-paragraph (2) insert —
3
Paragraph 5(ba) of Schedule 9 does not extend to the Isle of Man or the British overseas territories.
.
3
In Schedule 9 (assessors of compensation – removal from office) —
a
at the end of sub-paragraph 5(b) omit “or”;
b
after sub-paragraph 5(b) insert —
ba
has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or
.
Statistics and Registration Service Act 2007
60
In section 4(4)(b) of the Statistics and Registration Service Act 2007 (Statistics Board - appointment), for “(or interim order)” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986”.
Legal Services Act 2007
61
1
The Legal Services Act 2007 is amended as follows.
2
In paragraph 7(3)(c) of Schedule 1 (Legal Services Board – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph 8(2)(c) of Schedule 15 (Office for Legal Complaints – removal from office), after “bankrupt” insert “or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
Charities Act 2011
62
1
The Charities Act 2011 is amended as follows.
2
In section 80(1)(a)(other powers to remove or appoint charity trustee) after sub-paragraph (ii) insert —
; or
iii
having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;
.
3
In section 178 (persons disqualified for being charity trustees or trustees of a charity), in subsection (1) after Case F insert —
Case G
P is subject to —
a
a moratorium period under a debt relief order under Part 7A of the Insolvency Act 1986; or
b
a debt relief restrictions order or interim order under Schedule 4ZB to that Act
.
4
In section 180(1) (disqualification: exception in relation to charitable companies), after “Case B” insert “or G”.
5
In section 183(2)(b) (criminal consequences of acting while disqualified) for “or F” substitute “, F or G”.
SCHEDULE 3
Amendment of disqualification provision made under an Act of Parliament
Article 3(3)
Registration of Births, Deaths and Marriages Regulations 1968
1
In regulation 5(a)(i) of the Registration of Births, Deaths and Marriages Regulations 1968 (disqualifications for appointment) after sub-paragraph (a)(i) insert —
ia
if he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or he is the subject of a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986);
British Shipbuilders Regulations 1977
2
In regulation 4(1)(b) of the British Shipbuilders Regulations 1977 (vacation of office as a member), after “bankrupt” insert “, or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Motor Vehicles (Tests) Regulations 1981
3
In regulation 9(1)(b) of the Motor Vehicles (Tests) Regulations 1981 (cessations: general) , after “bankrupt” insert “, or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Insolvency (Scotland) Rules 1986
4
1
The Insolvency (Scotland) Rules 1986 are amended as follows.
2
In Rule 1.6(2)(b), after “with his creditors” add “or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In Rule 2.36H (4) —
a
In sub-paragraph (f) after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”;
b
in sub-paragraph (g) after “interim bankruptcy restrictions order;” omit “or”;
c
after sub-paragraph (g) insert —
ga
a person who is subject to a debt relief restrictions order, a debt relief restrictions undertaking or interim debt relief restrictions order (under Schedule 4ZB to the Insolvency Act 1986); or
.
4
In Rule 2.36J (a), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
5
In Rule 4.48(4), after “undischarged bankrupt” add “or by a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
6
In Rule 4.50(a), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Insolvency Rules 1986
5
1
The Insolvency Rules 1986 are amended as follows.
2
In paragraph (1)(a) in each of rules 2.57, 3.23, 4.161 and 6.158 (termination of membership – automatic termination), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
3
In paragraph (4)(d) in each of rules 2.55, 3.21, 4.159 and 6.156 (committee-members’ representatives), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
National Health Service Trusts (Membership and Procedure) Regulations 1990
6
In regulation 11(1)(b) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Air Passenger Duty Regulations 1994
7
In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 1994 —
a
after “or an interim order;” omit “or”.
b
after sub-paragraph (d) insert —
da
has a debt relief order made in respect of him or is the subject of a debt relief restrictions order or an interim order (under Part 7A of and Schedule 4ZB to the Insolvency Act 1986); or
.
National Health Service Litigation Authority Regulations 1995
8
In regulation 7(1)(b) of the National Health Service Litigation Authority Regulations 1995 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Goods Vehicles (Licensing of Operators) Regulations 1995
9
In regulation 31(2)(c) of the Goods Vehicles (Licensing of Operators) Regulations 1995 (continuance of licence on death, bankruptcy etc), after “licence” insert “or the making of a debt relief order in respect of the actual holder of a licence (under Part 7A of the Insolvency Act 1986)”.
Health Authorities (Membership and Procedure) Regulations 1996
10
In regulation 10(1)(b) of the Health Authorities (Membership and Procedure) Regulations 1996 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Individual Savings Account Regulations 1998
11
In regulation 20(1)(b) of the Individual Savings Account Regulations 1998 (account manager ceasing to qualify), after sub-paragraph (b) insert —
ba
a debt relief order is made in respect of the person (under Part 7A of the Insolvency Act 1986) or;
.
National Institute for Clinical Excellence Regulations 1999
12
In regulation 5(1)(b) of the National Institute for Clinical Excellence Regulations 1999 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
13
In regulation 5(1)(b) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (disqualification for appointment: chairman and non-officer members), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Education (Foundation Body) (England) Regulations 2000
14
In paragraph 2(b) of Schedule 4 to the Education (Foundation Body) (England) Regulations 2000 (disqualification for holding office), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
National Treatment Agency Regulations 2001
15
In regulation 3(1)(b) of the National Treatment Agency Regulations 2001 (disqualification for appointment), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Prison Service (Pay Review Body) Regulations 2001
16
In paragraph 1(4)(a) of the Schedule to the Prison Service (Pay Review Body) Regulations 2001 (constitution of the pay review body), after “has become bankrupt” insert “, or had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986),”.
National Patient Safety Agency Regulations 2001
17
In regulation 3(1)(b) of the National Patient Safety Agency Regulations 2001 (disqualification for appointment), for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
General Social Care Council (Appointments and Procedure) Regulations 2001
18
1
The General Social Care Council (Appointments and Procedure) Regulations 2001 are amended as follows.
2
In regulation 4(1)(d) (disqualification for appointment) for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
3
In regulation 6(6) (termination of tenure of office) for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001
19
1
The Care Council for Wales (Appointment, Membership and Procedure) Regulations 2001 are amended as follows.
2
In regulation 5(1)(g) (disqualification from appointment) of the English language text of those Regulations, after “bankrupt” insert “, or has a debt relief order made in respect of him or her (under Part 7A of the Insolvency Act 1986),”.
3
In regulation 5(1)(g) of the Welsh language text of those Regulations (Rheoliadau Cyngor Gofal Cymru (Penodi, Aelodaeth a Gweithdrefn) 2001), after “fethdalwr” insert “, neu os yw gorchymyn rhyddhau o ddyled wedi ei wneud mewn perthynas ag ef (o dan Rhan 7A o Ddeddf Ansolfedd 1986),”.
Children’s Homes Regulations 2001
20
In regulation 6(5)(a) of the Children’s Homes Regulations 2001 (fitness of registered provider) —
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
Care Homes (Wales) Regulations 2002
21
1
The Care Homes (Wales) Regulations 2002 are amended as follows.
2
In regulation 7(6)(a) (fitness of registered provider) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 7(6)(a) of the Welsh language text of those Regulations (Rheoliadau Cartrefi Gofal (Cymru) 2002), —
a
after “ystâd” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Children’s Homes (Wales) Regulations 2002
22
1
The Children’s Homes (Wales) Regulations 2002 are amended as follows.
2
In regulation 6(5)(a) (fitness of registered provider) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 6(5)(a) of the Welsh language text of those Regulations (Rheoliadau Cartrefi Plant (Cymru) 2002) —
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Registration of Social Care and Independent Health Care (Wales) Regulations 2002
23
In paragraph 3(b) of Schedule 1 to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 (information to be supplied on an application for registration as a person who carries on an establishment or agency), after “bankrupt,” insert “or has a debt relief order made in respect of him or her (under Part 7A of the Insolvency Act 1986),”.
School Companies Regulations 2002
24
In paragraph 1(b) of Schedule 1 to the School Companies Regulation 2002 (individuals who cannot be members of a school company), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986.”.
School Companies (Private Finance Initiative Companies) Regulations 2002
25
In paragraph 1(b) to the Schedule to the School Companies (Private Finance Initiative Companies) Regulations 2002 (individuals who cannot be members of a school PFI company), for “or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Residential Family Centres Regulations 2002
26
1
The Residential Family Centres Regulations 2002 are amended as follows.
2
In regulation 5(4)(a) (fitness of registered provider) —
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
Fostering Services (Wales) Regulations 2003
27
1
The Fostering Services (Wales) Regulations 2003 are amended as follows.
2
In regulation 5(4)(a)(fostering agency – fitness of provider) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 5(4)(a) of the Welsh language text of those Regulations (Rheoliadau Gwasanaethau Maethu (Cymru) 2003) —
a
after “ystâd” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Residential Family Centres (Wales) Regulations 2003
28
1
The Residential Family Centres (Wales) Regulations 2003 are amended as follows.
2
In regulation 5(5)(a) (fitness of registered providers) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 5(5)(a) of the Welsh language text of those regulations (Rheoliadau Canolfannau Preswyl i Deuluoedd (Cymru) 2003) —
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o fewn ystyr adran 251A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Nurses Agencies (Wales) Regulations 2003
29
1
The Nurses Agencies (Wales) Regulations 2003 are amended as follows.
2
In regulation 7(5)(a) (fitness of registered providers) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 7(5)(a) of the Welsh language text of those Regulations (Rheoliadau Asiantaethau Nyrsys (Cymru) 2003) —
a
after “ystad” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (a dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
Domiciliary Care Agencies (Wales) Regulations 2004
30
1
The Domiciliary Care Agencies (Wales) Regulations 2004 are amended as follows.
2
In regulation 8(4)(a) (fitness of registered provider) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 8(4)(a) of the Welsh language text of those Regulations (Rheoliadau Asiantaethau Gofal Cartref (Cymru) 2004) —
a
after “ystâd” insert “neu os yw moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhau” insert “rhag y methdaliad neu’r atafaeliad”.
National Health Service (General Medical Services Contracts) Regulations 2004
31
1
The National Health Service (General Medical Services Contracts) Regulations 2004 are amended as follows.
2
In regulation 5(2)(i)(general condition relating to all contracts) —
a
in paragraph (i) —
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
3
In paragraph 113(2)(j) of Schedule 6 (Part 8 – other grounds for termination by the Primary Care Trust) —
a
in paragraph (i) —
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
32
1
The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 are amended as follows.
2
In regulation 5(2)(i) (general condition relating to all contracts) —
a
in paragraph (i) —
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
3
In paragraph 111(2)(j) of Schedule 6 (Part 8 – other grounds for termination by the Local Health Board) —
a
in paragraph (i) —
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
National Health Service (Personal Medical Services Agreements) Regulations 2004
33
1
The NHS (Personal Medical Services Agreements) Regulations 2004 are amended as follows.
2
In regulation 5(3)(i) —
a
in paragraph (i) —
i
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
3
In paragraph 105(3)(i) of Schedule 5 (Part 8 – termination by relevant body on fitness grounds) —
a
in paragraph (i) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
at the end of paragraph (ii) omit “or”; and
c
after paragraph (ii) insert —
iia
been made the subject of a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled, or
.
Child Trust Funds Regulations 2004
34
In regulation 20(1) of the Child Trust Funds Regulations 2004 (account provider ceasing to qualify), after sub-paragraph (b) insert —
ba
a debt relief order is made in respect of the person (under Part 7A of the Insolvency Act 1986);
.
Adult Placement Schemes (Wales) Regulations 2004
35
1
The Adult Placement Scheme (Wales) Regulations 2004 are amended as follows.
2
In regulation 8(4)(a) (fitness of registered provider) of the English language text of those Regulations —
a
after “awarded” insert “or a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies in relation to him or her”;
b
omit “(in either case)”; and
c
after “discharged” insert “from the bankruptcy or the sequestration”.
3
In regulation 8(4)(a) of the Welsh language text of those Regulations (Rheoliadau Cynlluniau Lleoli Oedolion (Cymru) 2004) —
a
after “secwestrio” insert “neu os yw cyfnod moratoriwm o dan orchymyn rhyddhau o ddyled (o dan Rhan 7A o Ddeddf Ansolfedd 1986) yn gymwys mewn perthynas ag ef”;
b
omit “(yn y naill achos neu’r llall)”; and
c
after “ryddhawyd ef” insert “rhag y methdaliad neu’r atafaeliad”.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
36
For regulation 4(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (President of Employment Tribunals), substitute —
5
If the appointing office holder is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or —
a
the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, or
b
a debt relief order (under Part 7A of the Insolvency Act) has been made in respect of the “bankrupt or” insert “a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him of the President
the appointing office holder may revoke his appointment.
.
Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 2004
37
1
The Postgraduate Medical Education and Training Board (Member – Removal from Office) Rules Order is amended as follows.
2
In paragraph 3 of the Schedule (Removal: Specific categories of unsuitability to be a member) —
a
in sub-paragraph (f) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (g), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB (debt relief restrictions and undertakings),”.
Health Protection Agency Regulations 2005
38
In regulation 3(1)(b) of the Health Protection Agency Regulations 2005 (disqualification for appointment), after “or interim bankruptcy restrictions order” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986,”.
Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005
39
In regulation 6 of the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2005 (eligibility to be a member) —
a
in sub-paragraph (c), after “undischarged bankrupt” insert “or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”; and
b
in sub-paragraph (d) after “Schedule 4A” insert “or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB”.
Gangmasters (Licensing Authority) Regulations 2005
40
In regulation 5(4) of the Gangmasters (Licensing Authority) Regulations 2005 (tenure of office and remuneration of board), after sub-paragraph (d) insert —
da
he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986) or he is the subject of a debt relief restrictions order (under Schedule 4ZB to the Insolvency Act 1986);
.
Health and Social Care Information Centre Regulations 2005
41
In regulation 3(1)(b) of the Health and Social Care Information Centre Regulations 2005 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Institute for Innovation and Improvement Regulations 2005
42
In regulation 3(1)(b) of the NHS Institute for Innovation and Improvement Regulations 2005 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005
43
In regulation 3(1)(b) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 (disqualification of appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005
44
In regulation 3(1)(b) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005 (disqualification for appointment), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
45
1
The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 are amended as follows.
2
In regulation 7(4)(fitness of registered provider) —
a
in sub-paragraph (a) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (b), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
Railway (Licensing of Railway Undertakings) Regulations 2005
46
In paragraph 2 to Schedule 2 to the Railway (Licensing of Railway Undertakings) Regulations 2005 (Qualifications for European Licence), after sub-paragraph (a) insert —
aa
any appropriate officer of the undertaking has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986);
.
National Health Service (General Dental Services Contracts) Regulations 2005
47
1
The National Health Service (General Dental Services Contracts) Regulations 2005 are as amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 71(2)(h) of Schedule 3 (Part 9 - termination by the Primary Care Trust on grounds of suitability etc.) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (Personal Dental Services Agreements) Regulations 2005
48
1
The National Health Service (Personal Dental Services Agreements) Regulations 2005 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A”, insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 69(2)(h) of Schedule 3 (Part 9 - termination by the Primary Care Trust on grounds of suitability etc.) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged”, insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
Duty Stamps Regulations 2006
49
In regulation 10(3) of the Duty Stamps Regulations 2006 (disqualification from being registered), after “(United Kingdom)” insert “or if he is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)”.
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
50
1
The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all agreements) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”;
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 69(2)(h) of Schedule 3 (Part 9 – termination by the Relevant Body on grounds of suitability etc.) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
51
1
The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 are amended as follows.
2
In regulation 4(3)(g) (general prescribed conditions relating to all contracts) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 71(2)(h) of Schedule 3 (Part 9 – termination by Local Health Board on grounds of suitability etc.) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he or she is a person in relation to whom a moratorium period under debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,”.
National Health Service (Local Pharmaceutical Services etc.) Regulations 2006
52
1
The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 are amended as follows.
2
In regulation 7(2)(h) (general condition relating to all LPS schemes) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
3
In paragraph 29(2)(h) of Schedule 2 (termination by the Primary Care Trust on grounds of suitability etc) —
a
in sub-paragraph (i) —
i
after “awarded” insert “or he is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies”;
ii
omit “(in either case)”; and
iii
after “discharged” insert “from the bankruptcy or the sequestration”; and
b
in sub-paragraph (ii), after “Schedule 4A” insert “, or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB,”.
Fire and Rescue Services (Northern Ireland) Order 2006
53
In paragraph 3(4)(b) to Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006 (term of office), after “bankrupt” insert “or has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986)”.
Appointments Commission Regulations 2006
54
In regulation 5(1)(b) of the Appointments Commission Regulations 2006 (disqualification for appointment), after “or interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
School Governance (New Schools) (England) Regulations 2007
55
In paragraph 5(b) of Schedule 2 to the School Governance (New Schools) (England) Regulations 2007 (bankruptcy), for “ or an interim order” substitute “or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”.
Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007
56
In paragraph 5(b) of Schedule 2 to the Education (Pupil Referral Units)(Management Committees etc) (England) Regulations 2007 (qualifications and disqualifications), after “or an interim bankruptcy restrictions order” add “, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986”. |
The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 15) Order 2012
The Secretary of State makes the following Order in exercise of the power conferred by section 60 of the Domestic Violence, Crime and Victims Act 2004 :
Citation and interpretation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 15) Order 2012.
Commencement
2
Section 15 of the Domestic Violence, Crime and Victims Act 2004 (increase in maximum on-the-spot penalty for disorderly behaviour) comes into force on 1st October 2012.
Signed by the authority of the Secretary of State
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
28th June 2012 |
The M1 Motorway (Junctions 10 to 13) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2012
Representative organisations have been consulted in accordance with section 134(2) of that Act.
Citation and commencement
1
These Regulations may be cited as the M1 Motorway (Junctions 10 to 13) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2012 and come into force on 3rd May 2012.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations and General Directions 2002 ;
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations;
“emergency refuge area” means a part of a motorway —
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6 of the 1982 Regulations, vehicles may be driven, and
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the 2002 Regulations; and
“relevant roads” means the lengths of carriageway specified in Schedule 1 together with the adjacent hard shoulders, emergency refuge areas and verges.
Modification of the 1982 Regulations to allow for actively managed hard shoulder
3
1
In relation to the relevant roads, the 1982 Regulations have effect as if they were modified as follows.
2
Paragraph (1) of regulation 3 (interpretation) has effect as if —
a
after sub-paragraph (a), there were inserted —
aa
“actively managed hard shoulder” means the hard shoulder of the relevant roads;
;
b
in sub-paragraph (b)(i) after “the motorway”, there were inserted “, and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A(3)”;
c
after sub-paragraph (c), there were inserted —
ca
“emergency refuge area” means a part of a motorway —
i
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and
ii
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;
;
d
in sub-paragraph (e) after “hard shoulder”, there were inserted “, subject to regulation 5A,”;
e
after sub-paragraph (f), there were inserted —
fa
“relevant roads” has the meaning given to it by regulation 2 of the M1 Motorway (Junctions 10 to 13) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2012;
; and
f
in sub-paragraph (g) after “hard shoulder,”, there were inserted “an emergency refuge area,”.
3
Regulation 4 (application) has effect as if for that regulation there were substituted —
Application
4
These Regulations apply to the relevant roads.
4
The 1982 Regulations have effect as if after regulation 5 (vehicles to be driven on the carriageway only) there were inserted —
Use of actively managed hard shoulder
5A
1
Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.
2
The relevant length of the actively managed hard shoulder shall be treated for the purposes of these Regulations as a lane of the carriageway.
3
Accordingly where paragraph (2) applies, references in these Regulations —
a
to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and
b
to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.
4
For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that —
a
begins immediately after an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and
b
ends immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Signs Regulations 2002.
.
5
In regulation 7 (restrictions on stopping), paragraph (2) has effect as if at the end, after “carriageway”, there were added “or on any emergency refuge area which is adjacent to that carriageway or hard shoulder”.
6
Paragraph (3)(a) and (b) of regulation 7, regulation 9 (restriction on the use of hard shoulders), and paragraph (b)(i) of regulation 14 (restrictions affecting animals carried in vehicles) have effect as if, after “hard shoulder” (in each place), there were inserted “or emergency refuge area”.
7
Paragraph (2) of regulation 12 (restriction on use of right hand or off side lane) has effect as if, after “three or more traffic lanes”, there were inserted “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A)”.
Variable speed limits
4
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if —
a
the road is specified in Schedule 2;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Schedule 2 to the 2002 Regulations which is —
placed on or near a road; and
directed at traffic on the carriageway on which the vehicle is being driven;
“road” includes the adjacent hard shoulder and verge;
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
situated on or near any part of a road specified in Schedule 2; and
directed at traffic on the carriageway on which the vehicle is being driven.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
29th March 2012
SCHEDULE 1
RELEVANT ROADS
Regulation 2
1
The relevant roads are —
a
the northbound carriageway of the M1 beginning at a point which is 97 metres after marker post 49/6 and 4 metres before marker post 49/7 and ending at a point which is 42 metres after marker post 71/5 and 63 metres before marker post 71/6; and
b
the southbound carriageway of the M1 beginning at a point which is 42 metres after marker post 71/9 and 55 metres before marker post 72/0 and ending at a point which is 55 metres after marker post 49/4 and 46 metres before marker post 49/5.
2
Any reference in this Schedule to the letter “M” followed by a number is a reference to the motorway known by that name.
SCHEDULE 2
SPECIFIED ROADS
Regulation 4(2)(a)
1
The specified roads are —
a
the northbound carriageway of the M1 beginning at marker post 50/0 and ending at a point which is 81 metres after marker post 72/8 and 24 metres before marker post 72/9;
b
the carriageways of the northbound slip roads;
c
the southbound carriageway of the M1 beginning at a point which is 30 metres after marker post 73/8 and 61 metres before marker post 73/9 and ending at marker post 50/0; and
d
the carriageways of the southbound slip roads.
2
Any reference in this Schedule to —
a
the letter “M” followed by a number is a reference to the motorway known by that name; and
b
the letter “A” followed by a number is a reference to the road known by that name.
3
In this Schedule —
“A slip road” means a road for exiting the northbound carriageway of the M1 at a junction;
“B slip road” means a road for entering the northbound carriageway of the M1 at a junction;
“C slip road” means a road for exiting the southbound carriageway of the M1 at a junction;
“D slip road” means a road for entering the southbound carriageway of the M1 at a junction;
“E slip road” means a road for exiting the northbound carriageway of the M1 in the vicinity of Toddington Motorway Service Area;
“F slip road” means a road for entering the northbound carriageway of the M1 in the vicinity of Toddington Motorway Service Area;
“G slip road” means a road for exiting the southbound carriageway of the M1 in the vicinity of Toddington Motorway Service Area;
“H slip road” means a road for entering the southbound carriageway of the M1 in the vicinity of Toddington Motorway Service Area;
“northbound slip roads” is a reference to the lengths of road specified in paragraph 4;
“southbound slip roads” is a reference to the lengths of road specified in paragraph 5; and
“zone sign” means a sign authorised by the Secretary of State under section 64 of the Road Traffic Regulation Act 1984 for the purpose of indicating that vehicles are entering, have entered or are exiting a specified road.
4
The northbound slip roads are —
a
in the vicinity of junction 11 of the M1 —
i
the A slip road leading to the A505 commencing where it diverges from the M1 northbound and ending at the zone sign; and
ii
the B slip road from the A505 commencing at the zone sign and ending where it merges with the M1 northbound;
b
the E slip road commencing where it diverges from the M1 northbound and ending at the zone sign;
c
the F slip road commencing at the zone sign and ending where it merges with the M1 northbound;
d
in the vicinity of junction 12 of the M1 —
i
the A slip road leading to the A5120 commencing where it diverges from the M1 northbound and ending at the zone sign; and
ii
the B slip road from the A5120 commencing at the zone sign and ending where it merges with the M1 northbound;
e
in the vicinity of junction 13 of the M1 the A slip road leading to the A507 commencing where it diverges from the M1 northbound and ending at the zone sign.
5
The southbound slip roads are —
a
in the vicinity of junction 11 of the M1 —
i
the C slip road leading to the A505 commencing where it diverges from the M1 southbound and ending at the zone sign; and
ii
the D slip road from the A505 commencing at the zone sign and ending where it merges with M1 southbound;
b
the G slip road commencing where it diverges from the M1 southbound and ending at the zone sign;
c
the H slip road commencing at the zone sign and ending where it merges with the M1 southbound;
d
in the vicinity of junction 12 of the M1 —
i
the C slip road leading to the A5120 commencing where it diverges from the M1 southbound and ending at the zone sign; and
ii
the D slip road, from the A5120 commencing at the zone sign and ending where it merges with the M1 southbound;
e
in the vicinity of junction 13 of the M1 the D slip road from the A507 commencing at the zone sign and ending where it merges with the M1 southbound. |
The Industrial Injuries Benefit (Injuries arising before 5th July 1948) (Amendment) Regulations 2012
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 64(3) of the Welfare Reform Act 2012 .
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Industrial Injuries Benefit (Injuries arising before 5th July 1948) (Amendment) Regulations 2012 and come into force on 4th December 2012.
2
In these Regulations “the principal Regulations ” means the Industrial Injuries Benefit (Injuries arising before 5th July 1948) Regulations 2012 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended as follows.
2
In regulation 1(1), for “5 July” substitute “5th July”.
3
In the Schedule —
a
in the entry for increase of benefit or disablement pension for a child dependant, in column (1), for “paragraph 7(2)(ii)” substitute “paragraph 7(2)(c)(ii)”; and
b
in the entry for increase of benefit or disablement pension for an adult dependant —
i
in column (1), for “paragraph 7(2)(ii)” substitute “paragraph 7(2)(c)(ii)”, and
ii
in column (2), for “paragraph 1(a)” substitute “paragraph 8”.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
8th November 2012 |
The Traffic Management (Bedford Borough Council) Permit Scheme Order 2012
The Secretary of State for Transport having approved the Bedford 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 (Bedford Borough Council) Permit Scheme Order 2012 and comes into force on 5th November 2012.
Interpretation
2
In this Order —
“Bedford Borough Council Permit Scheme ” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “East of England Common Permit Scheme” which was prepared and submitted to the Secretary of State by Bedford 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 Bedford Borough Council Permit Scheme comes into effect on 5th November 2012.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within Bedford Borough Council Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
3rd October 2012
SCHEDULE
BEDFORD BOROUGH COUNCIL PERMIT SCHEME
Article 2 |
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 63(5) and (6), 87(5) and (6) and 250(2) of the Housing Act 2004 :
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012 and come into force on 10th September 2012.
2
In these Regulations “the Principal Regulations ” means the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 .
Amendment
2
1
The Principal Regulations are amended as set out in paragraphs (2) and (3).
2
In regulation 7 —
a
for paragraph (2), substitute —
2
An applicant must supply as part of his application —
a
if the application is a renewal application, the information referred to in paragraph 2(a) and (b) of Schedule 2;
b
if the application is not a renewal application, the information referred to in paragraph 2(a) to (g) of that Schedule; and
c
in either case, the information relating to the proposed licence holder or proposed manager of the HMO or house specified in paragraph 3 of that Schedule.
;
b
for paragraph (3) substitute —
3
An applicant must —
a
supply with the application completed and signed declarations in the form specified in paragraph 4 of Schedule 2;
b
if the application is a renewal application, supply in addition a completed and signed declaration in the form specified in paragraph 5 of that Schedule; and
c
in either case, sign the application.
.
c
after paragraph (10) add —
11
In this regulation “renewal application” means an application for a licence under section 63 or 87 of the Act where, at the time the application is made a licence of the kind applied for is already held by the applicant and has effect in respect of the HMO or house.
.
3
In Schedule 2 after paragraph 4, add —
5
The form of declaration mentioned in regulation 7(3)(b) is as follows —
I/We declare that the house in respect of which a licence is sought under Part2/Part 3 of the Housing Act 2004 is subject to a licence under that Part at the time this application is made. I/We further declare that to the best of my/our knowledge either: (a) none of the information described in paragraph 2(c) to (g) of that Act and previously submitted to the authority has materially changed since that licence was granted; or (b) the only material changes to that information are described as follows: [include description of all material changes].
.
Transitional Provisions
3
The amendments made by these Regulations shall not have effect in relation to applications submitted prior to the day these Regulations come into effect.
Signed by authority of the Secretary of State
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th August 2012 |
The Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2012
Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 2 of the Taxation (International and Other Provisions) Act 2010 and section 173(1) to (3) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows —
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2012.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the agreement specified in the Exchange of Letters set out in the Schedule to this Order, which supplements the arrangements set out in the Schedule of the Double Taxation Relief (Taxes On Income) (Switzerland) Order 1978 has been made with the Swiss Federal Council;
b
the agreement has been made with a view to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements; and
c
it is expedient that the agreement should have effect.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE
Article 2 |
The Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment No. 2) Regulations 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 113A(6) and 125 of the Police Act 1997 as extended and modified by the Police Act 1997 (Criminal Records) (Jersey) Order 2010 .
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment No. 2) Regulations 2012 and come into force on 19th November 2012.
2
These Regulations extend to Jersey.
Amendment of the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010
2
In regulation 8 of the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010 (central records: prescribed details) for “National Policing Improvement Agency” substitute “Secretary of State”.
Taylor of Holbeach
Parliamentary Under-Secretary of State
Home Office
23rd October 2012 |
The Football Spectators (2012 European Championship Control Period) Order 2012
The Secretary of State considers that the provision made by article 2 of this Order is expedient in order to secure the effective enforcement of Part 2 of that Act.
Citation, commencement and interpretation
1
1
This Order may be cited as the Football Spectators (2012 European Championship Control Period) Order 2012 and shall come into force on 8th March 2012.
2
In this Order —
“ the Act ” means the Football Spectators Act 1989;
“the Tournament” means the external tournament known as the UEFA (Union of European Football Associations) 2012 European Championship in Poland and Ukraine.
Control period
2
Section 14(6) of the Act shall have effect in relation to the Tournament as if, for the reference to five days, there were substituted a reference to ten days.
3
1
In relation to the Tournament, the period described in paragraph (2) below is a control period for the purposes of Part 2 of the Act.
2
The period referred to in paragraph (1) is the period beginning on 29th May 2012, being ten days before the day of the first football match which is included in the Tournament, and ending when the last match included in the Tournament (which, subject to postponement, is due to be on 1st July 2012) is finished or cancelled.
Lord Henley
Minister of State
Home Office
9th February 2012 |
The Civil Legal Aid (Prescribed Types of Pollution of the Environment) Regulations 2012
The Lord Chancellor makes the following Regulations in exercise of the power conferred by paragraph 42(1) of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 .
Citation and commencement
1
These Regulations may be cited as the Civil Legal Aid (Prescribed Types of Pollution of the Environment) Regulations 2012 and shall come into force on 1st April 2013.
Pollution of the environment
2
The types of pollution of the environment that are prescribed for the purposes of paragraph 42(1) (Environmental pollution) of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are pollution of the air, water or land which causes harm to —
a
the health of human beings or other living organisms; or
b
the quality of the air, water or land.
Signed by authority of the Lord Chancellor
McNally
Minister of State
25th October 2012
Ministry of Justice |
The Competition Act 1998 (Public Policy Exclusion) Order 2012
The Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the prohibition contained in Chapter I of the Competition Act 1998 ought not to apply to any agreement of the description specified in this Order. In exercise of the powers conferred by paragraphs 7(1) and (2) of Schedule 3 to the Competition Act 1998, the Secretary of State makes the following Order:
Citation and commencement
1
This Order may be cited as the Competition Act 1998 (Public Policy Exclusion) Order 2012 and shall come into force on 28th March 2012.
Interpretation
2
In this Order —
“fuel” means any of the following substances —
crude liquid petroleum;
other petroleum products; and
any substance, whether solid, liquid or gaseous, not falling within sub-paragraph (a) or (b) above but used as fuel, whether for the propulsion of vehicles or for any other purposes;
“fuel supply disruption” means a significant disruption or a threat of significant disruption to the normal supply of fuel;
“petroleum products” has the meaning given to it by section 21 of the Energy Act 1976 ;
“Protocol Party” means any person who is a party to a Qualifying Protocol;
“Qualifying Protocol” has the meaning given in article 3.
Qualifying Protocol
3
For the purposes of this Order, a Qualifying Protocol is an agreement that —
a
concerns the distribution of fuel in the event of a fuel supply disruption;
b
is between the Secretary of State and one or more persons;
c
designates any person that is a party to it as a Protocol Party for the purposes of this Order;
d
provides that it can only be activated by a decision of the Secretary of State that there is a fuel supply disruption; and
e
provides that it will only remain activated for the duration of the fuel supply disruption.
Exclusion from the Chapter I prohibition
4
1
The prohibition contained in Chapter I of the Competition Act 1998 shall not apply to —
a
any Qualifying Protocol; or
b
any other agreement or concerted practice between two or more Protocol Parties, or any decision by an association of undertakings that is a Protocol Party to the extent that the agreement, concerted practice or decision —
i
is made, entered into, or taken during the period in which the Qualifying Protocol is activated; and
ii
implements the Qualifying Protocol in respect the fuel supply disruption for which the Qualifying Protocol has been activated;
where the condition in paragraph 2 is met.
2
The condition referred to in paragraph (1) is that the Qualifying Protocol or other agreement, concerted practice or decision does not have as its object or effect the prevention, restriction or distortion of competition within the United Kingdom, except in relation to a market for fuel affected by the fuel supply disruption for which the Qualifying Protocol has been activated.
Norman Lamb
Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs
Department for Business Innovation and Skills
6th March 2012 |
The Employment and Support 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 them.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employment and Support Allowance (Amendment) Regulations 2012 and come into force on 28th January 2013.
2
In these Regulations —
“the ESA Regulations ” means the Employment and Support Allowance Regulations 2008 ; and
“the commencement date” means the date on which these Regulations come into force.
Application, transitional and savings provisions
2
1
Subject to paragraphs (2) and (3), these Regulations apply to —
a
a person who makes a claim for an employment and support allowance on or after the commencement date (including a claim in respect of any period beginning before that date);
b
a person who made a claim for an employment and support allowance before the commencement date in respect of whom a determination is made on or after that date —
i
as to whether that person has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations, or
ii
as to whether that person has or is to be treated as having limited capability for work-related activity under Part 6 of those Regulations;
c
a person who is entitled to an employment and support allowance immediately before the commencement date in respect of whom, on or after that date —
i
the Secretary of State determines afresh under regulation 19(7) of the ESA Regulations whether the person has or is to be treated as having limited capability for work, or;
ii
the Secretary of State determines afresh under regulation 34(4) of the ESA Regulations whether the person has or is to be treated as having limited capability for work-related activity; and
d
a notified person within the meaning of regulation 4 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010 in respect of whom a determination is made on or after the commencement date as to whether that person —
i
has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations, or
ii
is to be treated as having limited capability for work-related activity under Part 6 of those Regulations.
2
Where a person has been issued with a questionnaire which relates to the provisions of Schedule 2 of the ESA Regulations as they had effect immediately before the commencement date, regulation 5 does not apply for the purposes of making a determination on or after that date as to that person’s limited capability for work under Part 5 of the ESA Regulations and, for those purposes, the provisions of Schedule 2 of the ESA Regulations are to continue to apply in respect of that person as they had effect immediately before the commencement date.
3
Where a person has been issued with a questionnaire which relates to the provisions of Schedule 3 of the ESA Regulations as they had effect immediately before the commencement date, regulation 6 does not apply for the purposes of making a determination on or after that date as to that person’s limited capability for work under Part 6 of the ESA Regulations and, for those purposes, the provisions of Schedule 3 of the ESA Regulations are to continue to apply in respect of that person as they had effect immediately before the commencement date.
4
The provisions of paragraphs (2) to (3) do not apply to any determination made in respect of a person on or after 28 th July 2013.
Amendment of Part 5 of the ESA Regulations
3
1
Part 5 of the ESA Regulations (Limited Capability for Work) is amended as follows.
2
In regulation 19 (determination of limited capability for work) —
a
for paragraph (4), substitute —
4
In assessing the extent of a claimant’s capability to perform any activity listed in Part 1 of Schedule 2, the claimant is to be assessed as if —
a
fitted with or wearing any prosthesis with which the claimant is normally fitted or normally wears; or, as the case may be,
b
wearing or using any aid or appliance which is normally, or could reasonably be expected to be, worn or used.
; and
b
for paragraph (5) substitute —
5
In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 2, it is a condition that the claimant’s incapability to perform the activity arises —
a
in respect of any descriptor listed in Part 1 of Schedule 2, from a specific bodily disease or disablement;
b
in respect of any descriptor listed in Part 2 of Schedule 2, from a specific mental illness or disablement; or
c
in respect of any descriptor or descriptors listed in —
i
Part 1 of Schedule 2, as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement;
ii
Part 2 of Schedule 2, as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.
.
3
In regulation 20 (certain claimants to be treated as having limited capability for work) , for paragraph (b) substitute —
b
the claimant is —
i
receiving treatment for cancer by way of chemotherapy or radiotherapy;
ii
likely to receive such treatment within six months after the date of the determination of capability for work; or
iii
recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.
.
4
For regulation 25 (hospital in-patients) substitute —
Hospital patients
25
1
A claimant is to be treated as having limited capability for work on any day on which that claimant is undergoing medical or other treatment as a patient in a hospital or similar institution, or on any day which is a day of recovery from that treatment.
2
The circumstances in which a claimant is to be regarded as undergoing treatment falling within paragraph (1) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol addiction.
3
For the purposes of this regulation, a claimant is to be regarded as undergoing treatment as a patient in a hospital or similar institution only if that claimant has been advised by a health care professional to stay in a hospital or similar institution for a period of 24 hours or longer.
4
For the purposes of this regulation, “day of recovery” means a day on which a claimant is recovering from treatment as a patient in a hospital or similar institution and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work on that day.
.
5
In regulation 26(1)(b) (claimants receiving certain regular treatment), after “plasmapheresis” omit “or by way of radiotherapy”.
6
In regulation 29 (exceptional circumstances) —
a
in paragraph (2), insert “Subject to paragraph (3)” at the beginning of the paragraph; and
b
after paragraph (2) insert —
3
Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by —
a
reasonable adjustments being made in the claimant’s workplace; or
b
the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.
.
Amendment of Part 6 of the ESA Regulations
4
1
Part 6 of the ESA Regulations (Limited Capability for Work-Related Activity) is amended as follows.
2
In regulation 34 (determination of limited capability for work-related activity) —
a
for paragraph (3), substitute —
3
In determining whether a descriptor applies to the claimant, the claimant is to be assessed as if —
a
the claimant were fitted with or wearing any prosthesis with which the claimant is normally fitted or normally wears; or, as the case may be,
b
wearing or using any aid or appliance which is normally, or could reasonably be expected to be, worn or used.
; and
b
after paragraph (3) insert —
3A
In determining whether a descriptor applies, it is a condition that the claimant’s incapability arises —
a
in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16 (b), from a specific bodily disease or disablement;
b
in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16 (d), from a specific mental illness or disablement; or
c
in respect of —
i
descriptors 1 to 8, 15(a), 15(b), 16(a) and 16 (b), as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement;
ii
descriptors 9 to 14, 15(c), 15(d), 16(c) and 16 (d), as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.
.
3
In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity) , for sub-paragraph (b) substitute —
b
the claimant is-
i
receiving treatment for cancer by way of chemotherapy or radiotherapy;
ii
likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or
iii
recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
.
Amendment of Schedule 2 to the ESA Regulations
5
1
In Part 1 of Schedule 2 to the ESA Regulations (Assessment of whether a Claimant has Limited Capability for Work) —
a
in Activity 1, for the wording in column 1 substitute —
1 Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.
;
b
in Activity 2, in column 2 —
i
in paragraph 2(b)(ii) after “(even in an adjustable chair)” insert —
; or
iii
a combination of (i) and (ii),
;
ii
in paragraph 2(c)(ii) after “(even in an adjustable chair)” insert —
; or
iii
“ a combination of (i) and (ii),
;
c
in Activity 5, in column 2, in paragraph 5(d), after “Cannot”, insert “single-handedly”;
d
in Activity 6, for the wording in column 1 substitute —
6 Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.
;
e
in Activity 7, for the wording in column 1, substitute —
7 Understanding communication by —
i
verbal means (such as hearing or lip reading) alone,
ii
non-verbal means (such as reading 16 point print or Braille) alone, or
iii
a combination of (i) and (ii),
using any aid that is normally, or could reasonably be, used, unaided by another person.
;
f
in Activity 8, for the wording in column 1, substitute —
8 Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used.
;
g
in Activity 9 —
i
for the wording in column 1, substitute —
9 Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
;
ii
in column 2, in paragraph 9(b), for “At risk” substitute “The majority of the time is at risk”; and
2
In Part 2 of Schedule 2 to the ESA Regulations (Mental, Cognitive and Intellectual Function Assessment), in Activity 15, in column 2, for the wording in paragraph (a) substitute —
a
Cannot get to any place outside the claimant’s home with which the claimant is familiar.
.
Amendment of Schedule 3 to the ESA Regulations
6
In Schedule 3 to the ESA Regulations (Assessment of whether a Claimant has Limited Capability for Work-Related Activity) —
a
in Activity 1, for the wording in column 1 substitute —
1 Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used.
;
b
in Activity 6, for the wording in column 1 substitute —
6 Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.
;
c
in Activity 7, for the wording in column 1 substitute —
7 Understanding communication by:
i
verbal means (such as hearing or lip reading) alone,
ii
non-verbal means (such as reading 16 point print or Braille) alone, or
iii
a combination of (i) and (ii),
using any aid that is normally, or could reasonably be, used, unaided by another person.
; and
d
in Activity 8, for the wording in column 1, substitute —
8 Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
13th December 2012 |
Subsets and Splits