text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010 and shall come into force on 31st March 2010.
2
In these Regulations —
“an authorisation” means an authorisation granted under regulation 3, subject to the conditions contained in regulation 4;
“the Commission Decision” means Decision 2009/449/ EC of the Commission on the selection of operators of pan-European systems providing mobile satellite services ( MSS ) ;
“electronic communications network” and “associated facilities” have the meaning given by section 32 of the Communications Act 2003 ;
“the EU Decision” means Decision 626/2008/EC of the European Parliament and of the Council on the selection and authorisation of systems providing mobile satellite services (MSS) ;
“mobile satellite services” means radio communication services provided by an electronic communications network and associated facilities capable of providing radio communication services between a mobile earth station in the United Kingdom and one or more space stations, or between mobile earth stations in the United Kingdom by means of one or more space stations;
“ OFCOM ” means the Office of Communications as established by the Office of Communications Act 2002 ;
“the selected applicants” means Inmarsat Ventures Limited and Solaris Mobile Limited which are identified as the eligible applicants under Article 2 of the Commission Decision;
“the Tribunal” means the Competition Appeal Tribunal; and
“Tribunal rules” means rules made under section 15 of the Enterprise Act 2002 .
Authorisation of frequency use for the provision of mobile satellite services
2
1
A person commits an offence if that person uses the frequency bands 1980 to 2010MHz and 2170 to 2200MHz or any part of those bands for the provision of mobile satellite services except under and in accordance with an authorisation granted under these Regulations by OFCOM.
2
A person who commits an offence under this regulation is liable —
a
on conviction on indictment, to an unlimited fine; or
b
on summary conviction, to a fine of not more than level 5 on the standard scale (if not calculated on a daily basis) or a fine of not more than £100 a day.
Granting of authorisations to the selected applicants
3
1
OFCOM shall grant an authorisation under these Regulations to each of the selected applicants for use in the United Kingdom of the frequencies specified for that selected applicant in Article 3 of the Commission Decision subject to the conditions set out in these Regulations.
2
For the purposes of paragraph (1), the frequencies specified in Article 3 of the Commission Decision are the following —
a
Inmarsat Ventures Limited: from 1980 to 1995MHz for earth to space communications and from 2170 to 2185MHz for space to earth communications; and
b
Solaris Mobile Limited: from 1995 to 2010MHz for earth to space communications and from 2185 to 2200MHz for space to earth communications.
Conditions of an authorisation
4
1
OFCOM shall ensure that the authorisations are subject to the common conditions specified in Article 7(2) of the EU Decision, namely —
a
the selected applicants shall use the frequencies which those applicants are authorised to use pursuant to regulation 3(1) for the provision of mobile satellite services;
b
each selected applicant shall meet milestones 6 to 9 set out in the Annex to the EU Decision by 14th May 2011;
c
each selected applicant shall honour all commitments given by that applicant in its application or during the comparative selection procedure referred to in Articles 4 and 6 of the EU Decision respectively;
d
each selected applicant shall provide OFCOM with an annual report detailing the status of development of their proposed mobile satellite system.
2
An authorisation shall be granted for eighteen years with effect from 14th May 2009.
3
An authorisation may include objectively justified, non-discriminatory, proportionate and transparent conditions or obligations to ensure communications between emergency services and authorities during major disasters.
4
An authorisation shall not be transferable.
5
OFCOM shall not charge the selected applicants for the granting of an authorisation.
Monitoring, reporting and information requirements
5
1
OFCOM shall monitor compliance by the selected applicants of the conditions of their authorisations.
2
Where —
a
there has been a contravention by either of the selected applicants of one or more of the conditions specified in their authorisation; or
b
where OFCOM have taken action under these Regulations against either of the selected applicants in respect of such a contravention,
OFCOM shall provide the European Commission with information about the contravention or action within 12 months of such contravention or action.
3
OFCOM may require the selected applicants to provide them with all such information as OFCOM consider necessary for the purpose of carrying out their functions under these Regulations, including the verification of compliance by the selected applicants with the conditions of their authorisations.
4
A selected applicant required to provide information under paragraph (3) must provide it in such a manner and within such reasonable period as may be specified by OFCOM.
Notification of contravention of conditions of authorisations
6
1
Where OFCOM determine that there are reasonable grounds for believing that a selected applicant is contravening or has contravened —
a
a condition of its authorisation; or
b
a requirement under regulation 5(3) or (4),
they may give that selected applicant a notification under this regulation.
2
A notification under this regulation is one which —
a
sets out the determination made by OFCOM;
b
specifies the condition of the authorisation or the requirement under regulation 5(3) or (4) and the contravention in respect of which that determination has been made; and
c
specifies the period during which the selected applicant notified has an opportunity of doing the things specified in paragraph (4).
3
A notification under this regulation —
a
may be given in respect of more than one contravention; and
b
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
4
Those things are —
a
making representations about the matters notified;
b
complying with the notified conditions of the authorisation or the requirements under regulation 5(3) or (4) of which the selected applicant remains in contravention; and
c
remedying the consequences of the notified contraventions.
5
Subject to paragraphs (5), (6) and (7), the period for doing those things must be the period of one month beginning with the day after the day on which the notification was given.
6
OFCOM may, if they think fit, allow a longer period for doing those things either —
a
by specifying a longer period in the notification; or
b
by subsequently, on one or more occasions, extending the specified period.
7
The selected applicant notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the selected applicant notified.
8
The selected applicant notified shall also have a shorter period if —
a
OFCOM have reasonable grounds for believing that the contravention is a repeated contravention or that the case is urgent;
b
they have determined that, in those circumstances, a shorter period would be appropriate; and
c
the shorter period has been specified in the notification.
9
For the purposes of paragraph (7)(a) a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if —
a
a previous notification under this regulation has been given in respect of the same contravention or in respect of another contravention of the same condition of the authorisation or the same requirement under regulation 5(3) or (4); and
b
the subsequent notification is given no more than 12 months after the date when the previous notification was given.
10
For the purposes of paragraph (7)(a) a case is an urgent case if the contravention has resulted in, or creates an immediate risk of —
a
a serious threat to the safety of the public, to public health or to national security; or
b
serious economic or operational problems for persons (other than the selected applicant in contravention) who —
i
use wireless telegraphy stations or wireless telegraphy apparatus; or
ii
are communications providers or make associated facilities available.
11
References to remedying a contravention include references to —
a
doing anything the failure to do which, or the failure to do which within a particular period or before a particular time, constituted the whole of or a part of the contravention;
b
paying an amount to a person by way of compensation for loss or damage suffered by that person in consequence of the contravention;
c
paying an amount to a person by way of compensation in respect of annoyance, inconvenience or anxiety to which that person has been put in consequence of the contravention;
d
otherwise acting in a manner that constitutes an acknowledgement that the notified contravention did occur.
12
In paragraph (9) the expressions —
“wireless telegraphy station” and “wireless telegraphy apparatus” have the meanings given by section 117 of the Wireless Telegraphy Act 2006 ; and
“communications provider” has the same meaning as in section 405 of the Communications Act 2003 .
Penalties for contravention
7
1
This regulation applies where —
a
a selected applicant (the “notified person”) has been given a notification under regulation 6;
b
OFCOM have allowed the notified person the opportunity to make representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may impose a penalty on the notified person if they are satisfied —
a
that the notified person has, in one or more of the respects notified, been in contravention of a condition of an authorisation or a requirement under regulation 5(3) or (4) specified in the notification under regulation 6; and
b
that the notified person has not, during the period allowed under that regulation, taken such steps as OFCOM consider appropriate —
i
for complying with that condition or requirement; and
ii
for remedying the consequences of the notified contravention of that condition or requirement.
3
Where a notification under regulation 6 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
5
Where OFCOM decide to impose a penalty on a notified person under this regulation, they shall —
a
notify that person of their decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period as the period within which the penalty is to be paid.
6
A penalty under this regulation —
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
Amount of penalty under regulation 7
8
1
The amount of a penalty imposed under regulation 7 shall be an amount not exceeding ten percent of the turnover of the notified person’s relevant business for the relevant period, as OFCOM determine to be —
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
2
In making that determination OFCOM must have regard to —
a
any representations made to them by the notified person;
b
any steps taken by the notified person towards complying with the condition or requirement contravention of which has been notified to him under regulation 6; and
c
any steps taken to by the notified person for remedying the consequences of that contravention.
3
For the purposes of this regulation the turnover of the notified person’s relevant business for the relevant period shall be calculated in accordance with regulation 9.
4
In this regulation and regulation 9 —
“notified person” has the same meaning as in regulation 7;
“relevant business” means so much of any business carried on by the notified person as consists in the provision of mobile satellite services;
“relevant period” means —
except in a case falling within subparagraphs (b) or (c), the period of one year ending with the 31st March next before the time when notification of the contravention was given under regulation 6;
in the case of a notified person who at that time has been carrying on that business for a period of less than a year, the period, ending with that time, during which the notified person has been carrying it on; and
in the case of a notified person who at that time has ceased to carry on that business, the period of one year ending with the time when the notified person ceased to carry it on.
Calculation of turnover of notified person’s relevant business
9
1
The turnover of a notified person shall be calculated in conformity with accounting practices and principles which are generally accepted in the United Kingdom.
2
The turnover of a notified person shall be limited to the amounts derived by that person from the relevant business after deduction of sales rebates, value added tax and other taxes directly related to turnover.
3
When a notified person’s relevant business consists of two or more undertakings that each prepare accounts then the turnover shall be calculated by adding together the turnover of each, save that no account shall be taken of any turnover resulting from the supply of goods or the provision of services between them.
4
Any aid (within the meaning of Article 107 of the Treaty on the Functioning of the European Union) granted by a public body to a notified person which relates to one of that person’s ordinary activities shall be included in the calculation of turnover if the notified person is the recipient of the aid and if the aid is directly linked to the carrying out by that person of the relevant business.
Appeals against decisions by OFCOM
10
1
A selected applicant affected by a decision by OFCOM under regulations 3 to 9 may appeal against it to the Tribunal.
2
The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
3
The notice of appeal must be sent within the period specified in those rules.
4
The notice of appeal must set out —
a
the provision under which the decision appealed against was taken; and
b
the grounds of appeal.
5
The grounds of appeal must be set out in sufficient detail to indicate —
a
to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and
b
to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM.
6
In this regulation references to a decision include —
a
references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by these Regulations; but
b
references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, but only where the failure constitutes a failure to comply with any form of request to make the decision, exercise the power or perform the duty;
and references in the following regulations to a decision appealed against are to be construed accordingly.
7
For the purposes of this regulation and regulations 11 and 12 a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by these Regulations, shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.
Decisions of the Tribunal
11
1
The Tribunal shall dispose of an appeal under regulation 10 in accordance with this regulation.
2
The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal.
3
The Tribunal’s decision must include a decision as to what (if any) is the appropriate action for OFCOM to take in relation to the subject matter of the decision under appeal.
4
The Tribunal shall then remit the decision under appeal to OFCOM with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision.
5
The Tribunal must not direct OFCOM to take any action which OFCOM would not otherwise have power to take in relation to the decision under appeal.
6
It shall be the duty of OFCOM to comply with every direction given under paragraph (4).
7
In any document recording the decision of the Tribunal under this regulation, the Tribunal shall have regard to the need for excluding, so far as practicable, commercial information the disclosure of which would or might, in its opinion, significantly harm the legitimate business interests of any person to whom it relates.
Appeals from the Tribunal
12
1
A party to the appeal may appeal a decision of the Tribunal made under regulation 11. An appeal under this regulation —
a
lies to the Court of Appeal or to the Court of Session; and
b
must relate only to a point of law arising from the decision of the Tribunal.
2
An appeal under this regulation requires the permission of the Tribunal or of the court to which it is to be made.
3
In this regulation references to a decision of the Tribunal include references to a direction given by it under regulation 11(4).
Complementary ground components
13
1
OFCOM shall carry out their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the EU Decision and the Commission Decision in so far as those obligations have not been given effect by these Regulations.
2
OFCOM shall in particular pursuant to their powers under that Act grant a selected applicant, if requested, the authorisation necessary for the provision of complementary ground components of systems providing mobile satellite services subject to the common conditions specified in Article 8(3) of the EU Decision.
3
In this regulation “complementary ground components” means ground-based stations used at fixed locations in order to improve the availability of mobile satellite services in geographical area covered by those services.
Stephen Timms
Minister for Digital Britain
Department for Business Innovation and Skills
8th March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Amendment) Regulations 2010 and come into force on 1st April 2011.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “person on income support” insert —
“person who requires overnight care” means a person (“P”) —
who —
is in receipt of attendance allowance;
is in receipt of the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or
although not satisfying either paragraph (i) or (ii) above has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and
whom the relevant authority is satisfied reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should —
be engaged in providing overnight care for P;
regularly stay overnight at the dwelling for that purpose; and
be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home,
but, in a case where P is treated as occupying a dwelling which P does not actually occupy, paragraph (b)(ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that the dwelling contains such an additional bedroom and that P did or will reasonably so require and so arrange at such time as P actually occupied or occupies the dwelling;
; and
b
in the definition of “young individual” after sub-paragraph (f) add —
or
g
who is a person who requires overnight care;
.
3
In regulation 12D(1) (eligible rent and maximum rent ( LHA )) at the beginning insert, “Except where regulation 12M (transitional protection – reduction in LHA) applies,”.
4
Omit regulation 12L (transitional protection – larger properties).
5
Before regulation 13 (maximum rent) insert —
Transitional protection – reduction in LHA
12M
1
This regulation applies where —
a
reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;
b
on or after 1st April 2011 the relevant authority is required to determine a maximum rent (LHA) by virtue of —
i
regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling; or
ii
regulation 13C(3) (anniversary of LHA date); and
c
the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.
2
Where this regulation applies, the claimant’s eligible rent is —
a
the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or
b
in any other case, the lower of —
i
the amount of the eligible rent which applied immediately before 1st April 2011; or
ii
the amount of the cap rent by reference to which the maximum rent (LHA) referred to in paragraph (1)(b) was determined.
3
Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b) it will continue to apply until, on or after 1st April 2011, the first of the following events occurs —
a
the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;
b
the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is equal to or higher than the eligible rent referred to in paragraph (2)(b);
c
the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
d
the relevant authority is required to determine an eligible rent following a change of dwelling; or
e
the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D.
.
6
In regulation 13D (determination of a maximum rent (LHA)) —
a
in paragraph (2)(c) for “to a maximum of five” substitute “up to a maximum of four”;
b
at the end of paragraph (3) insert —
and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are).
;
c
for paragraph (5) substitute —
5
Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.
; and
d
omit paragraphs (6), (8) and (9).
7
In regulation 14(8) (requirement to refer to rent officers) in the definition of “change relating to a rent allowance” for “or (d)” substitute “, (d) or (f)”.
8
In regulation 96(3A)(b) (circumstances in which payment may be made to a landlord) —
a
after paragraph (iii) add —
or
iv
the relevant authority considers that it will assist the claimant in securing or retaining a tenancy.
; and
b
for paragraph (4) substitute —
4
In this regulation —
“landlord” has the same meaning as in regulation 95 and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and
“tenancy” includes —
in Scotland, any other right of occupancy; and
in England and Wales, a licence to occupy premises.
.
9
In regulation 114A(9) (information to be provided to rent officers) between paragraph (c) and the word “and” insert —
ca
whether the claimant or the claimant’s partner is a person who requires overnight care;
.
10
In paragraph 2(3) of Schedule 2 (excluded tenancies) after paragraph (e) add —
f
the claimant or the claimant’s partner becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.
.
11
In paragraph 6 of Schedule 10 (former pathfinder authorities), in the inserted regulation 12I (basic transitional protection in the second and subsequent years after 7th April 2008), in paragraph (2)(b)(ii) omit “, plus £15”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “person on state pension credit” insert —
“person who requires overnight care” means a person (“P”) —
who —
is in receipt of attendance allowance;
is in receipt of the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or
although not satisfying either paragraph (i) or (ii) above has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and
whom the relevant authority is satisfied reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should —
be engaged in providing overnight care for P;
regularly stay overnight at the dwelling for that purpose; and
be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home,
but, in a case where P is treated as occupying a dwelling which P does not actually occupy, sub-paragraph (b)(ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that it is reasonable in the circumstances for an additional bedroom to be provided in that dwelling;
.
3
In regulation 12D(1) (eligible rent and maximum rent (LHA)) at the beginning insert, “Except where regulation 12M (transitional protection – reduction in LHA) applies,”.
4
Omit regulation 12L (transitional protection – larger properties).
5
Before regulation 13 (maximum rent) insert —
Transitional protection – reduction in LHA
12M
1
This regulation applies where —
a
reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;
b
on or after 1st April 2011 the relevant authority is required to determine a maximum rent (LHA) by virtue of —
i
regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling; or
ii
regulation 13C(3) (anniversary of LHA date); and
c
the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.
2
Where this regulation applies, the claimant’s eligible rent is —
a
the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or
b
in any other case, the lower of —
i
the amount of the eligible rent which applied immediately before 1st April 2011; or
ii
the amount of the cap rent by reference to which the maximum rent (LHA) referred to in paragraph (1)(b) was determined.
3
Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b) it will continue to apply until, on or after 1st April 2011, the first of the following events occurs —
a
the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;
b
the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is equal to or higher than the eligible rent referred to in paragraph (2)(b);
c
the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
d
the relevant authority is required to determine an eligible rent following a change of dwelling; or
e
the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D.
.
6
In regulation 13D (determination of a maximum rent (LHA)) —
a
in paragraph (2)(c) for “to a maximum of five” substitute “up to a maximum of four”;
b
at the end of paragraph (3) insert —
and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are).
;
c
for paragraph (5) substitute —
5
Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.
; and
d
omit paragraphs (6), (8) and (9).
7
In regulation 14(8) (requirement to refer to rent officers) in the definition of “change relating to a rent allowance” for “or (d)” substitute “, (d) or (e)”.
8
In regulation 77(3A)(b) (circumstances in which payment may be made to a landlord) —
a
after paragraph (iii) add —
or
iv
the relevant authority considers that it will assist the claimant in securing or retaining a tenancy.
; and
b
for paragraph (4) substitute —
4
In this regulation —
“landlord” has the same meaning as in regulation 95 and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and
“tenancy” includes —
in Scotland, any other right of occupancy; and
in England and Wales, a licence to occupy premises.
.
9
In regulation 95A(9) (information to be provided to rent officers) between paragraph (b) and the word “and” insert —
ba
whether the claimant or the claimant’s partner is a person who requires overnight care;
.
10
In paragraph 2(3) of Schedule 2 (excluded tenancies) after paragraph (d) add —
e
the claimant or the claimant’s partner becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.
.
11
In paragraph 6 of Schedule 9 (former pathfinder authorities), in the inserted regulation 12I (basic transitional protection in the second and subsequent years after 7th April 2008), in paragraph (2)(b)(ii) omit “, plus £15”.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th November 2010


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
The title of this Order is the Llangollen and Corwen Railway Order 2010 and it comes into force on 27 August 2010.
2
The Llangollen and Corwen Light Railway Order 1984 and this Order may be cited together as the Llangollen and Corwen Railway Orders 1984 and 2010.
Interpretation
2
1
In this Order —
“the 1961 Act ” (“ Deddf 1961 ”) means the Land Compensation Act 1961(
“the 1990 Act ” (“ Deddf 1990 ”) means the Town and Country Planning Act 1990 ;
“address” (“ cyfeiriad ”) includes any number or address used for the purposes of electronic transmission;
“authorised works” (“ gweithfeydd awdurdodedig ”) means the scheduled work and any other works authorised by this Order;
“building” (“ adeilad ”) includes any structure or erection or any part of a building, structure or erection;
“electronic transmission” (“ trosglwyddiad electronig ”) means a communication transmitted —
by means of an electronic communications network; or
by other means but while in electronic form;
“the existing railway” (“ y rheilffordd bresennol ”) means the railway authorised by the Llangollen and Corwen Light Railway Order 1984 together with all lands and works relating to that railway;
“the extension railway” (“ y rheilffordd estyniadol ”) means the railway authorised to be constructed by this Order together with all lands and works relating to that railway and pending the completion of any part of the extension railway the expression shall include the site of that part;
“the former railway” (“ yr hen reilffordd ”) means the railway or former railway authorised by the Llangollen and Corwen Railway Act 1860 and so much of any other railway or former railway as is situated within the Order limits together with so much of all works relating to such railway or former railway as is so situated;
“the further limits” (“ y terfynau pellach ”) means the limits delineated by the lines shown on the works plans and marked “limits of land to be used” (“ terfynau'r tir sydd i'w ddefnyddio ”);
“highway” (“ priffordd ”) and “highway authority” (“awdurdod priffyrdd”) have the same meaning as in the Highways Act 1980 ;
“the limits of deviation” (“ terfynau'r gwyriad ”) means the limits of deviation for the scheduled work shown on the works plans;
“maintain” (“ cynnal a chadw ”) includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” (“ gwaith cynnal a chadw ”) shall be construed accordingly;
“the Order limits” (“ terfynau'r gwyriad ”) means any limits of deviation and the further limits;
“owner” (“ perchennog ”), in relation to land, has the same meaning as in the Acquisition of Land Act 1981 ;
“the PLC ” (“ y CCC ”) means Llangollen Railway plc, a company registered under the Companies Act 1985 whose registered number is 2716476 having its registered office at the Railway Station, Abbey Road, Llangollen, Denbighshire LL20 8SN;
“the railways” (“ y rheilffyrdd ”) means the existing railway and the extension railway, or either of them;
“the scheduled work” (“ y gwaith rhestredig ”) means the work specified in Schedule l (Scheduled work) or any part of it;
“the sections” (“ y trawsluniau ”) means the sections certified by the Welsh Ministers as the sections for the purposes of this Order;
“street” (“ stryd ”) includes part of a street;
“street authority” (“ awdurdod strydoedd ”) has the same meaning as in Part 3 of the New Roads and Street Works Act 1991
“ the Trust ” (“ yr Ymddiriedolaeth ”) means the Llangollen Railway Trust, a registered charity and company limited by guarantee registered under the Companies Act 1985 whose registered number is 3040336 (originally incorporated as the Llangollen Railway Society Limited under the Industrial and Provident Societies Act 1965 ) having its registered office at the Railway Station, Abbey Road, Llangollen, Denbighshire; LL20 8SN;
“the undertaker” (“ yr ymgymerwr ”) means the Trust and following any sale, lease or underlease under article 17 (transfer of railways by undertaker) this expression shall mean or include the transferee within the meaning of that article;
“watercourse” (“ cwrs dŵr ”) includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works plans” (“ planiau'r gweithfeydd ”) means the plans certified by the Welsh Ministers as the works plans for the purposes of this Order.
2
References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.
3
All distances, directions and lengths stated in the description of the scheduled work or in any description of powers or lands are approximate and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 68 (accommodation works by company);
section 73 (accommodation works not to be required after prescribed period);
section 75 (omission to fasten gates);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order-
“the company” (“ y cwmni ”) means the undertaker;
“goods” (“ nwyddau ”) includes any thing conveyed on the railway authorised to be constructed by this Order;
“prescribed” (“ rhagnodedig ”) in relation to any such provision means prescribed by this Order for the purposes of that provision;
“the railway” (“ y rheilffordd ”) means the extension railway and any other authorised works;
“the special Act” (“ y Ddeddf neilltuol ”) means this Order; and
“toll” (“ toll ”) includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
4
1
The undertaker may construct and maintain the scheduled work.
2
Subject to article 6 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
Power to construct and maintain ancillary works
5
1
Subject to paragraph (4), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables;
b
works to alter the course of, or otherwise interfere with, a watercourse;
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work;
d
works for the benefit or protection of premises affected by the scheduled work.
2
Subject to paragraph (4), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work.
3
Subject to paragraph (4), the undertaker may in particular within the land specified in column (1) of Schedule 2 (additional works) carry out and maintain any works specified in column (2) of that Schedule with all necessary works and conveniences in connection with those works.
4
Paragraphs (1) to (3) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out within the further limits.
Power to deviate
6
In constructing or maintaining the scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans to the extent of the limits of deviation for that work; and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 3 metres upwards; or
ii
to any extent downwards as may be found to be necessary or convenient.
Streets
Access to works
7
1
The undertaker may, for the purposes of the authorised works —
a
form and lay out means of access, or improve existing means of access, in the location specified in column (1) of Schedule 3 (access to works) to the highway specified in column (2) of that Schedule; and
b
with the approval of the highway authority, such approval not to be unreasonably withheld, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised works.
2
If a highway authority which receives an application for consent under paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.
Level crossing, etc.
8
1
The undertaker may construct the extension railway so as to carry it on the level across footpath FP 61 (“the footpath”) 435 metres south-west of Carrog Station.
2
The undertaker may in the exercise of the powers conferred by this article alter the level of the footpath.
3
During and for the purpose of the construction of the authorised works the undertaker following consultation with the street authority for the footpath may for any reasonable time prevent all persons from passing along so much of the footpath as is situated within the limits of deviation.
4
The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the level crossing authorised by this article; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
5
Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Supplemental powers
Discharge of water
9
1
The undertaker may use any watercourse or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, or drain.
2
.The undertaker shall not discharge any water into any watercourse, or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into any drain except —
a
in accordance with plans approved by the person to whom the drain belongs, but such approval shall not be unreasonably withheld; and
b
where that person has been given the opportunity to supervise the making of the opening.
4
The undertaker shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
If a person who receives an application for consent under paragraph (2) or approval under paragraph (3)(a) fails to notify the undertaker of that person’s decision before the end of the period of 28 days beginning with the date on which the application was made, that person shall be deemed to have granted consent or given approval, as the case may be.
8
In this article —
a
“drain” (“ traen ”) means a drain which belongs to the Environment Agency, an internal drainage board, a local authority or the Welsh Ministers; and
b
other expressions, excluding watercourses, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
PART 3
MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance
10
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows —
a
that the nuisance relates to premises used by the undertaker for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised works and that the nuisance is attributable to the carrying out of authorised works which are being carried out in accordance with a notice served under section 60 of the Control of Pollution Act 1974 or a consent given under section 61 or 65 of that Act; or
b
that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include a statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.
3
The provisions of this article are without prejudice to the application to the authorised works of section 122 of the Railways Act 1993 (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.
Planning permission and supplementary matters
11
1
In relation to the application of paragraph 3(c) of the Second Schedule of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 (including that paragraph as applied by regulation 3(ii) of the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 1975 , or as incorporated in any tree preservation order), any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to works authorised by this Order shall be treated as deeming the permission to have been granted on application made under Part 3 of that Act for the purposes of that Part.
2
In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 1999 as incorporated in any tree preservation order or as having effect by virtue of regulation 10(1)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to works authorised by this Order shall not be treated as an outline planning permission.
3
Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Power to lop trees overhanging the authorised works
12
1
The undertaker may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub–
a
from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or
b
from constituting a danger to passengers or other persons using the authorised works.
2
In exercising the powers of paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.
Power to operate and use railway
13
1
The undertaker may operate and use the extension railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part 1 of the Railways Act 1993 .
Power to charge fares
14
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the extension railway or for any other services or facilities provided in connection with the operation of that railway, as it thinks fit.
Application of enactments
15
1
In this article “the relevant date” (“y dyddiad perthnasol”) means —
a
in relation to so much of the former railway as is owned by or leased to the undertaker at the date of the coming into force of this Order, that date; and
b
in relation to any part of the former railway which at that date is not so owned or leased, the date upon which that part is sold or leased to the undertaker.
2
Except as may be otherwise provided in this Order, as from the relevant date —
a
the former railway or any part of it shall continue to be subject to all statutory and other provisions applicable to the former railway at that date (in so far as they are still subsisting and capable of taking effect); and
b
the undertaker shall, to the exclusion of BRB (Residuary) Limited —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the former railway; and
ii
subject to paragraph (3), be subject to all obligations, statutory or otherwise, relating to the former railway (in so far as they are still subsisting and capable of taking effect), to the intent that BRB (Residuary) Limited will be released from all such obligations.
3
Any enactment by which the construction and operation of the former railway was authorised has effect subject to the provisions of this Order.
4
In this article “BRB (Residuary) Limited” means the company of that name whose registered number is 4146505 having its registered office at 14 Pentonville Road, London, N1 9HF.
Application of byelaws to extension railway
16
1
The byelaws made by the Llangollen Railway Society Limited in relation to the existing railway and confirmed by the Secretary of State on 4th July 1986 shall apply to the extension railway as they apply to the existing railway.
2
Paragraph (1) shall have effect in relation to the extension railway or any part of it on and from the date on which that railway or part is completed and open to traffic.
Transfer of railways by undertaker
17
1
In this article —
“lease” (“ prydles ”) includes an underlease and “lease” (“prydlesu”) where used as a verb shall be construed accordingly;
“the transferee” (“ y trosglwyddai ”) means any person to whom the railways, or any part of them, are or is leased or sold in accordance with this article; and
“the transferred undertaking” (“ yr ymgymeraeth a drosglwyddir ”) means so much of the railways as is leased or sold in accordance with this article.
2
Subject to paragraph (3) the undertaker may–
a
lease the railways, or any part of them, to any person; or
b
sell the railways, or any part of them, to any person;
on such terms and conditions as may be agreed between the undertaker and the transferee.
3
The undertaker shall not lease or sell the railways, or any part of them, under this article to any person except with the consent of the Welsh Ministers.
4
Except as may be otherwise provided in this Order,
a
the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (in so far as the those provisions are still subsisting and capable of taking effect); and
b
the transferee shall, to the exclusion of the undertaker, (i) be entitled to the benefit of, and to exercise, all rights, powers and privileges, and (ii) be subject to all obligations, statutory or otherwise relating to the transferred undertaking (in so far as those provisions are still subsisting and capable of taking effect) to the intent that the undertaker shall be released from all such obligations.
5
Paragraph (4) shall have effect during the term of any lease granted under sub paragraph (2)(a) and from the operative date of any sale under sub-paragraph (2)(b).
Application of landlord and tenant law
18
1
This article applies to —
a
any agreement for leasing to any person the whole or any part of the railways or the right to operate the same; and
b
any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised works, or any part of them,
so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.
2
No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this article applies.
3
Accordingly, no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to–
a
exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
b
confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
c
restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.
Obstruction of construction of authorised works
19
Any person who, without reasonable excuse —
a
obstructs any person acting under the authority of the undertaker in setting out the lines of the scheduled work or in constructing any authorised work; or
b
interferes with, moves or removes any apparatus belonging to any person acting under the authority of the undertaker,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Trespass
20
1
Any person who —
a
trespasses on any part of the railways; or
b
trespasses on any land of the undertaker in dangerous proximity to the railways or to any apparatus used for or in connection with the operation of the railways,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass on the railways was clearly exhibited and maintained at the station on the railways nearest the place where the offence is alleged to have been committed.
For protection of the Environment Agency
21
Schedule 4 shall have effect.
For protection of Dŵr Cymru Cyfyngedig
22
Schedule 5 shall have effect.
Certification of plans, etc.
23
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plans to the Welsh Ministers for certification that they are, respectively, true copies of the sections and works plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
24
1
A notice or other document required or authorised to be served for the purposes of this Order may be served–
a
by post; or
b
with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise–
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, the last known address of that person at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by–
a
addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order —
a
that person shall give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
25
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
26
Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers.
25 August 2010


text:
1
This Order may be cited as the Visiting Forces (Designation) Order 2010 and shall come in to force on 16th December 2010.
2
Algeria is hereby designated for the purposes of sections 2 to 19 of, and the Schedule to, the 1952 Act.
3
This Order shall not extend to any of the territories specified in section 15(3) of the 1952 Act.
Judith Simpson
Clerk of the Privy Council