type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009.
2
The following provisions come into force on the day after the day on which this Order is made —
a
this article and articles 2 and 5 to 10;
b
in Schedule 1, paragraphs 1(a), 3 to 6, 11 and 12, and article 3(1) in so far as it relates to those paragraphs;
c
in Schedule 2, paragraphs 1(a), 6(c), 12 to 14, 16(b) and 17, and article 3(2) in so far as it relates to those paragraphs;
d
in Schedule 3, paragraphs 2, 3(b) and (c), 5, 6, 11 to 14, 17(a), 19(a) and 26(a), and article 3(3) in so far as it relates to those paragraphs;
e
in Schedule 4, Part 6, and article 4(1) in so far as it relates to that Part; and
f
in Schedule 5, paragraphs 1 and 2, and article 4(2) in so far as it relates to those paragraphs.
3
Except as provided for by paragraph (2), the provisions of this Order which confer, amend or substitute powers enabling rules or orders to be made come into force on the making of this Order, but for the purpose only of the exercise of those powers.
4
Paragraphs (5) and (6) have effect subject to paragraph (3).
5
The following provisions come into force on the coming into force of article 21 of the 2007 Order (the Register of Pharmacy Technicians) —
a
in Schedule 3, paragraphs 1, 3(a), 4, 7 to 10, 15, 16, 17(b), 19(b) and (c), 20 to 23, 24(b), 25 and 26(b), and article 3(3) in so far as it relates to those paragraphs; and
b
in Schedule 4, Part 3, and article 4(1) in so far as it relates to that Part.
6
The following provisions come into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information) —
a
in Schedule 1, paragraphs 7 to 9, and article 3(1) in so far as it relates to those paragraphs;
b
in Schedule 2, paragraph 5, and article 3(2) in so far as it relates to that paragraph;
c
in Schedule 3, paragraph 18, and article 3(3) in so far as it relates to that paragraph;
d
in Schedule 4, Part 2, and article 4(1) in so far as it relates to that Part; and
e
in Schedule 5, paragraph 9, and article 4(2) in so far as it relates to that paragraph.
7
Paragraph 12 of Schedule 5, and article 4(2) in so far as it relates to that paragraph, come into force on the coming into force of section 30(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 (notice of listing etc. ).
8
Paragraph 13 of Schedule 5, and article 4(2) in so far as it relates to that paragraph, come into force on the coming into force of Article 46(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: power to apply for vetting information).
9
Except as provided for by paragraphs (2) to (8), this Order comes into force on such day as the Privy Council may by order appoint.
10
Different days may be appointed by an order under paragraph (9) for different provisions or different purposes.
11
Before making an order under paragraph (9), the Privy Council must consult the Scottish Ministers.
12
Subject to paragraph (13), this Order extends to England and Wales, Scotland and Northern Ireland.
13
The extent of any amendment or revocation of any enactment or instrument set out in the Schedules is the same as that of the enactment or instrument amended or revoked.
Interpretation
2
In this Order —
“the 1984 Act ” means the Dentists Act 1984 ;
“the 2001 Order ” means the Health Professions Order 2001 ;
“the 2007 Order” means the Pharmacists and Pharmacy Technicians Order 2007 ;
“ AEP ” means the Association of Educational Psychologists, which held its inaugural meeting at the London School of Economics on 14th April 1962 and was founded on that date ;
“AEP register” means the aggregate of the entries in the membership list maintained by the AEP that relate to —
full members of the AEP; or
affiliate members of the AEP who have been full members of the AEP at any time during the two year period immediately prior to the appointed day for practitioner psychologists;
“appointed day for practitioner psychologists” means the day on which paragraph 16(d) of Schedule 2 comes into force;
“ BPS ” means the British Psychological Society, which was incorporated by Royal Charter on 26th February 1965 ;
“BPS register” means the aggregate of the entries in the register maintained by the BPS that relate to holders of practising certificates who are or have been full members of one or more of the divisions of the BPS in respect of the following branches of psychology: clinical psychology; counselling psychology; educational psychology; forensic psychology; health psychology; occupational psychology; and sport and exercise psychology;
“ HPC ” means the Health Professions Council established under article 3 of the 2001 Order;
“HPC register” means the register maintained under article 5 of the 2001 Order; and
“the principal measures ” means the 1984 Act, the 2001 Order and the 2007 Order.
Amendments to the principal measures
3
1
The amendments to the 1984 Act set out in Schedule 1 have effect.
2
The amendments to the 2001 Order set out in Schedule 2 have effect.
3
The amendments to the 2007 Order set out in Schedule 3 have effect.
Amendments to and revocations of other legislation
4
1
The amendments to and revocations of subordinate legislation set out in Schedule 4 have effect.
2
The amendments to Acts of Parliament, Acts of the Scottish Parliament and Northern Ireland legislation set out in Schedule 5 have effect.
3
The references in articles 9(4)(a), 13(1)(b) and 39(2) of the 2001 Order to the coming into force of an order under article 6(1) of the Order in relation to a profession include a reference to the coming into force in relation to a profession of paragraph 8 of Schedule 4.
Transitory and transitional provisions relating to the introduction of statutory registration of practitioner psychologists
5
1
The HPC and the BPS, and the HPC and the AEP, shall enter into arrangements (which may include financial arrangements) to facilitate the introduction of the new arrangements for the statutory regulation of practitioner psychologists arising out of this Order.
2
The arrangements entered into under paragraph (1) shall include arrangements to ensure that all the names in the BPS register and the AEP register which are to be entered in the HPC register with effect from the appointed day for practitioner psychologists are so entered.
3
Subject to paragraphs (5) and (6), if on the day before the appointed day for practitioner psychologists a person’s name is included in the BPS register or the AEP register (or both), the person shall be registered in the part of the HPC register which relates to practitioner psychologists with effect from the appointed day for practitioner psychologists.
4
If on the appointed day for practitioner psychologists there is an outstanding application for a person’s name to be entered in the BPS register or the AEP register (including an application for restoration to the register), the HPC —
a
may determine that the person’s name is to be entered in the part of the HPC register which relates to practitioner psychologists; and
b
shall dispose of the matter in such manner as it considers just.
5
If on the day before the appointed day for practitioner psychologists a person’s name is included in the BPS register or the AEP register but —
a
the person’s registration is suspended (whether temporarily or permanently); or
b
the person is the subject of proceedings which could lead to the person’s removal or suspension from the BPS register or the AEP register,
paragraph (6) applies.
6
In the circumstances described in paragraph (5), the HPC —
a
may determine that the person’s name is not to be entered in the part of the HPC register which relates to practitioner psychologists; and
b
shall dispose of the matter (including any proceedings) in such manner as it considers just.
7
Where a person is registered in the HPC register pursuant to paragraph (3) or (4), the person’s home address shall not be published in the HPC register without the person’s consent.
8
Subject to paragraph (9), the Privy Council may —
a
with the consent of the BPS, by order provide for the transfer from the BPS to the HPC of any property, rights or liabilities;
b
with the consent of the AEP, by order provide for the transfer from the AEP to the HPC of any property, rights or liabilities,
and any order under this paragraph may include such supplementary, incidental or consequential provisions as the Privy Council considers necessary or expedient.
9
An order under paragraph (8) may not relate to land or any interest in, or right over, land.
Saving provisions relating to procedures for making or approving legislation
6
1
The amendments made to —
a
section 51 (exercise of powers conferred on the Privy Council) of the 1984 Act by virtue of paragraph 11 of Schedule 1;
b
article 42 (exercise of powers by the Privy Council) of the 2001 Order by virtue of paragraph 12 of Schedule 2; and
c
articles 66 (rules) and 69 (Privy Council procedures etc.) of the 2007 Order by virtue of paragraphs 24 and 25 of Schedule 3,
altering the procedure for making or approving rules, regulations or orders do not affect the validity of any rules, regulations or orders made prior to the coming into force of the amendments.
2
Accordingly, such rules, regulations and orders —
a
shall continue to have effect notwithstanding the coming into force of those amendments; and
b
may be amended or revoked by rules, regulations or orders made or approved using the altered procedure.
Transitional and saving measures relating to the General Dental Council
7
1
The Privy Council may, by a direction under subsection (1) of section 60 of the Health Act 2006 (Commission to exercise Privy Council’s appointment functions), require the Appointments Commission to appoint the person who held office as President of the General Dental Council on the day before the relevant order comes into force as a member of the General Dental Council as constituted on the day the relevant order comes into force.
2
The relevant order may include a provision enabling the Privy Council to appoint as the chair of the General Dental Council, for a specified period, the person who held office as President of that Council on the day before the relevant order comes into force.
3
For the purposes of paragraphs (1) and (2), “relevant order” means the first order of the Privy Council under section 1(2A) of the 1984 Act that includes provision required by paragraph 1B(1) of Schedule 1 to that Act.
4
On and after the day on which this article comes into force, subsection (3) of section 3 of the 1984 Act (power of medical authorities to hold examinations and grant licences in dentistry) shall apply as if the reference to universities or other bodies who choose appointed members of the General Medical Council were a reference to —
a
the universities or other bodies who were entitled to choose those members on 31st December 2008; and
b
such other universities or other bodies as the Privy Council designates by order for the purposes of this paragraph.
5
Article 5 of the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (saving provision relating to the definition of “medical authority” in section 3(3) of the Dentists Act 1984) is superseded by paragraph (4) and, accordingly, is omitted.
Cancellation of elections to, and transitional measures relating to, the Health Professions Council
8
1
Elections shall not be held in respect of the vacancies which, but for the amendments to the 2001 Order set out in paragraph 17(1)(c) of Schedule 2, would have arisen in respect of the registrant and alternate members of the HPC who were due to vacate office at the end of 8th July 2009.
2
The Privy Council may, by a direction under subsection (1) of section 60 of the Health Act 2006 (Commission to exercise Privy Council’s appointment functions), require the Appointments Commission to appoint the person who held office as President of the HPC on the day before the first order under article 3(7A) of the 2001 Order comes into force as a member of the HPC as constituted on the day the first order under article 3(7A) of the 2001 Order comes into force.
3
The first order under article 3(7A) of the 2001 Order may include a provision enabling the Privy Council to appoint as the chair of the HPC, for a specified period, the person who held office as President of the HPC on the day before the first order under article 3(7A) of the 2001 Order comes into force.
Transitional, transitory or saving provisions orders
9
1
In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
2
The power to make an order under paragraph (1) may be exercised —
a
so as to make different provision —
i
with respect to different cases or different classes of cases, or
ii
in respect of the same case or class of case for different purposes;
b
in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
c
so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
3
Before making an order under paragraph (1) —
a
that includes measures relating to the regulation of —
i
operating department practitioners,
ii
practitioner psychologists,
iii
pharmacy technicians, or
iv
a profession complementary to dentistry, or a class of members of a profession complementary to dentistry, which immediately before the revocation of the Dental Auxiliaries Regulations 1986 did not constitute a class of dental auxiliaries regulated by those Regulations; or
b
that relates to the commencement of the new section 30A of the Protection of Vulnerable Groups (Scotland) Act 2007 ,
the Privy Council must consult the Scottish Ministers.
Privy Council procedures etc.
10
1
The power of the Privy Council to make an order under article 1(9), 5(8), 7(4)(b) or 9(1) may be exercised by any two or more members of the Privy Council.
2
The making of an order under article 1(9), 5(8), 7(4)(b) or 9(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
3
The power to make an order under article 1(9), 7(4)(b) or 9(1) shall be exercisable by statutory instrument.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power to which paragraph (3) applies is to be taken to be conferred by an Act of Parliament.
5
Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of —
a
the fact that the order was duly made; and
b
the order’s terms.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Mersey Docks and Harbour Revision Order 2009 and comes into force on 30th September 2009.
2
Subject to the repeals referred to in article 8, the Mersey Docks and Harbour Acts and Orders 1857 to 2007 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2009.
Interpretation
2
In this Order —
“the Company” means the Mersey Docks and Harbour Company, including that company under any name to which its name may be changed;
“the directors” means the directors of the Company;
“the docks” means the docks, jetties and other facilities for the berthing of vessels and the loading and unloading of goods on and from vessels, for the time being belonging to the Company; and
“the port” means the port of Liverpool as defined in the Mersey Docks and Harbour Act 1971 (including all land within the ring ownership boundary as defined in section 11 of the Mersey Docks and Harbour Board Act 1971 ), and references to “the port” include references to any other harbour on or adjoining the River Mersey owned or managed by the Company or any of its subsidiaries.
Application of the Companies Act 1985
3
The Company may register as a private company limited by shares under Chapter II of Part XXII of the Companies Act 1985 , which shall have effect in relation to the Company even if the Company would not be treated as a joint stock company for the purposes of that Chapter apart from this paragraph.
4
Any registration of the Company under the Companies Act 1985 shall not derogate from the obligations (whether express or implied) of the Company under the Harbours Act 1964 and the Mersey Docks and Harbour Acts and Orders 1857 to 1992 to take such action as it considers necessary or desirable for or incidental to —
a
the maintenance, operation and improvement of the docks, and
b
the conservancy of the port (other than the docks) and the approaches to it.
5
Upon any registration of the Company under the Companies Act 1985 becoming effective, the Companies Clauses Consolidation Act 1845 and the Companies Clauses Consolidation Act 1888 shall not apply to the Company.
Company’s powers
6
Upon the registration of the Company under the Companies Act 1985 becoming effective, and without prejudice to and in addition to the existing powers of the Company, the Company shall have the powers specified in Schedule 1.
7
Upon the registration of the Company under the Companies Act 1985 becoming effective, and despite anything contained in any enactment or other instrument constituting or regulating the Company, the Company may adopt articles of association and may from time to time amend or adopt substituted articles of association, provided that nothing in such articles is repugnant to or inconsistent with the provisions of the Mersey Docks and Harbour Acts and Orders 1857 to 1992 or any other enactment or legislation applying to the Company by virtue of it being a harbour authority.
Repeals
8
Upon any registration of the Company under the Companies Act 1985 becoming effective, the enactments specified in Schedule 2 shall be repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
22nd September 2009
Department for Transport


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 and shall come into force on 10th March 2009.
2
These Regulations apply to an application for a harbour revision order or a harbour empowerment order where the application is made on or after the date on which these Regulations come into force.
3
In these Regulations, “ the Act ” means the Harbours Act 1964 .
4
These Regulations do not extend to Scotland.
Amendment of the Harbours Act 1964
2
In section 44 of the Act (limitation of right to challenge orders in legal proceedings), at the end add —
6
In the case of an order falling within subsection (7), an environmental organisation is, in accordance with Article 10a of the Directive, to be deemed to have sufficient interest to make an application under subsection (1).
7
An order is within this subsection if the decision to make it was subject to the public participation provisions of the Directive.
8
For the purposes of subsections (6) and (7) —
a
“the Directive” has the meaning given in Schedule 3;
b
an “environmental organisation” is a non-governmental organisation promoting environmental protection; and
c
“the public participation provisions” has the same meaning as in the Directive.
.
3
Schedule 3 (procedure on harbour revision and empowerment orders) to the Act is amended as follows.
4
In paragraph 1, in the definition of “the Directive”, at the end add “and by Directive 2003/35/ EC of the European Parliament and of the Council ”.
5
1
Paragraph 10 is amended as follows.
2
In sub-paragraph (2) —
a
after paragraph (c), insert —
ca
where such a statement has been supplied —
i
provide an address from which a copy of the statement can, until the expiry of the period referred to in paragraph (f), be obtained and information as to the amount of any charge for the provision of such a copy, and
ii
state whether paragraph 16 applies,
;
b
the word “and” which follows paragraph (e) is omitted;
c
in paragraph (f), after “application” insert “or to make representations in relation to any environmental statement supplied under paragraph 8(1)”;
d
in that paragraph, after “specifying” insert “(where relevant)”; and
e
at the end, add —
; and
g
provide details of the procedure under this Schedule for dealing with any objection or representations made as mentioned in the notice
.
3
After sub-paragraph (2), insert —
2A
Any charge imposed as mentioned in sub-paragraph (2)(ca)(i) must be reasonable.
.
4
In sub-paragraph (4), after “can” insert “, until the expiry of the period referred to in sub–paragraph (2)(f),”.
6
After paragraph 10, add —
10A
1
This paragraph applies where —
a
a notice has been published under paragraph (10)(1) which states that an environmental statement has been supplied under paragraph 8(1), and
b
prior to the Secretary of State making a decision under paragraph 19(2) —
i
he is supplied by the applicant or any other person with further information; and
ii
he is of the view that that information requires to be considered in order properly to assess the likely environmental effects of the proposed project.
2
Subject to sub-paragraph (3), where this paragraph applies the Secretary of State must publish a notice, or direct another person to publish a notice, which —
a
states that further information of the sort referred to in paragraph (b) has been received,
b
specifies a place where a copy of the information can, until the expiry of the period referred to in paragraph (d), be inspected at all reasonable hours,
c
provides an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and
d
states that any person who desires to make representations in relation to the information should do so in writing to the Secretary of State before the expiry of the period of 42 days starting with a date specified in the notice.
3
The Secretary of State is not required to publish, or direct the publication of, a notice under sub-paragraph (2) if he considers that the information will be made publicly available at an inquiry or hearing under paragraph 18.
4
The notice must be published —
a
by Gazette and local advertisement, and
b
in such other ways, if any, as seem to the Secretary of State appropriate.
5
Any charge imposed as mentioned in sub-paragraph (2)(c) must be reasonable.
6
The date specified in accordance with sub–paragraph (2)(d) must be the date on which the notice first appears in a local newspaper.
.
7
In paragraph 15(b), after “8(1)” insert “and any further information by virtue of the supply of which paragraph 10A applies”.
8
In paragraph 16, after paragraph (b) of sub–paragraph (7) insert —
ba
details of what provision was made for public participation in the making of the decision;
.
9
In paragraph 17 —
a
in sub-paragraph (a), after “10(1)” insert “, 10A”, and
b
in sub-paragraph (c) after “objections” insert “or representations”.
10
In paragraph 19(1) —
a
in paragraph (a), after “8(1)” insert “and any further information by virtue of the supply of which paragraph 10A applies”;
b
at the end of paragraph (d), omit “and”; and
c
after paragraph (d), insert —
da
any representations made as specified in a notice published under paragraph 10 or 10A; and
.
11
In paragraph 20(2) —
a
after “publish” insert “by Gazette and local advertisement”; and
b
after paragraph (b), insert —
ba
details of what provision was made for public participation in the making of the decision,
bb
a statement regarding the right to challenge the validity of the decision and the procedures for doing so,
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
12th February 2009


text:
Citation and commencement
1
This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2009 and comes into force on 13th July 2009.
Amendment of the Non-Contentious Probate Fees Order 2004
2
The Non-Contentious Probate Fees Order 2004 is amended as follows.
3
For Schedule 1A (which specifies the remission of fees), substitute Schedule 1A (Remissions and part-remissions) set out in the Schedule to this Order.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th June 2009
We consent,
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009


text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2009.
2
These Regulations extend to England and Wales .
3
These Regulations shall come into force on 31st December 2009 but —
a
regulations 2 to 6; regulations 7 to 10; regulation 11 (in so far as it inserts regulation 12A of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 ) and regulations 15, 17, 18,21 and 22 shall have effect from 1st April 2008; and
b
regulation 23 shall have effect from 8th May 2009.
Amendment of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006
2
The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 are amended in accordance with regulations 3 to 6.
3
In regulation 2 (interpretation) —
1
in paragraph (1) —
a
after the definition of “the 2000 Regulations”, insert —
“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 ;
“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations 2008 ;
;
b
for paragraphs (a), (b) and (c) in the definition of “employing authority”, substitute —
a body listed in Part 1 of Schedule 2 (Scheme employers) to the Administration Regulations by whom the person is employed immediately before the termination date;
a body listed in Part 2 of that Schedule by whom the person is employed immediately before the termination date and who has been designated by the body as being eligible for membership of the Scheme under regulation 4(3) of those Regulations; or
in the case of a person who is eligible to be a Scheme member under regulation 8(1)(a) or (b) of the Administration Regulations, the local education authority by whom the person is deemed to be employed under regulation 8(2) of those Regulations.
;
c
omit the definition of “Pension Regulations”; and
d
for the definition of “Scheme member” substitute —
“Scheme member” means a member of the Local Government Pension Scheme constituted by the Benefits Regulations and the Administration Regulations;
;
2
for paragraph (2), substitute —
2
Expressions not defined in paragraph (1) but used in these Regulations and in the Benefits Regulations or the Administration Regulations or both have the same meaning as in the Benefits Regulations or the Administration Regulations, as the case may be.
.
4
In regulation 4 (application of the Regulations), for paragraph (1)(b)(ii) substitute —
b
ii
eligible to be a Scheme member (whether or not the person is such a member) or would be so eligible but for the giving of a notification under regulation 14 of the Administration Regulations; and
.
5
In regulation 6 (discretionary compensation) —
a
for paragraph (1)(b), substitute —
b
in respect of that cessation is not awarded —
i
an additional period of membership under regulation 12 (power of employing authority to increase total membership of active members) ; or
ii
an additional pension under regulation 13 (power of employing authority to award additional pension)
of the Benefits Regulations.
; and
b
for paragraph (4), substitute —
4
Chapter 2 (a week’s pay) of Part 14 (Interpretation) of the 1996 Act shall apply for the purpose of calculating a person’s week’s pay as it applies for the purpose of calculating redundancy payments but without the limit on a week’s pay imposed by section 227 of that Act.
.
6
In regulation 9 (finance), for “the Pension Regulations” substitute “the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 , the Benefits Regulations and the Administration Regulations.”.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
7
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended in accordance with regulations 8 to 16.
8
In regulation 1 (citation, commencement, interpretation and application) , after the definition of “the 1997 Scheme” omit the definition of “the Administration Regulations” inserted by regulation 16(a) of the Local Government Pension Scheme (Miscellaneous) Regulations 2008 .
9
In regulation 4 (meaning of “pensionable pay”) —
a
in paragraph (2)(d), omit “or”; and
b
after paragraph (2)(e) add —
f
the amount of any supplement paid by the Environment Agency in recognition of the difference in contribution rates between members of the principal civil service pension scheme and the Scheme; or
g
any payment by way of compensation for the purposes of achieving equal pay in relation to other employees.
.
10
For regulation 10 (final pay: reductions) , substitute —
10
1
Subject to paragraph (2), where a member’s pensionable pay in a continuous period of employment is reduced or restricted —
a
because the member chooses to be employed by the same employer at a lower grade or with less responsibility;
b
for the purposes of achieving equal pay in relation to other employees of that employer;
c
as a result of a job evaluation exercise;
d
because of a change in the member’s contract of employment resulting in the cessation or restriction of, or reduction in, payments or benefits specified in the member’s contract of employment as being pensionable emoluments; or
e
because the rate at which the member’s rate of pay may be increased is restricted in such a way that it is likely that the rate of the member’s retirement pension will be adversely affected,
the member may choose to have his or her final pay calculated in accordance with paragraph (4), by giving notice —
i
in writing;
ii
to the appropriate administering authority; and
iii
no later than one month prior to the date on which the member ceases active membership.
2
Where notice under this regulation has not been given, and a member to whom it applies has died, the appropriate administering authority may give notice on the member’s behalf (whether or not the period within which the member could have given notice has expired).
3
Paragraph (1) does not apply if the member’s employment on reduced pensionable pay —
a
commences before the beginning of the period of ten years ending with the member’s last day as an active member;
b
immediately follows a period in which the member occupies a post on a temporary basis at a higher rate of pay; or
c
is because the member chooses to reduce his or her hours of work or to be employed at a lower grade, for the purposes of regulation 18 (flexible retirement).
4
Subject to regulations 8(3) and 8(4), the calculation mentioned in paragraph (1) is made by dividing by three the member’s total annual pensionable pay in any three consecutive years of the member’s choice, ending with 31st March, within the period of thirteen years ending with the member’s last day as an active member.
5
Paragraph (1)(a) applies to a member who is the subject of —
a
a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“the TUPE Regulations”) apply; or
b
a transfer which is treated as if it were a relevant transfer within the meaning of regulations 2(1) and 3 of the TUPE Regulations, notwithstanding regulation 3(5) of those Regulations,
as if the transferor employer were the same employer as the transferee authority.
.
11
After regulation 12 (power of employing authority to increase total membership of active members), insert —
Duty of employing authority to increase total membership: enhanced protection
12A
1
Where an active member intends to rely on paragraph 12 of Schedule 36 to the Finance Act 2004 (lifetime allowance “enhanced protection”) and —
a
gives notice of his or her intention to rely on that paragraph in accordance with regulation 4 of the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 ; and
b
subsequently becomes subject to a reduction in accrued membership calculated in accordance with guidance issued by the Government Actuary, but the enhanced protection is not taken into account in the calculation of the member’s benefits under regulation 22 (limit on total amount of benefits),
the employing authority shall grant an additional period of membership equal to the reduction resulting from that calculation.
2
“Enhanced protection” is to be construed in accordance with Schedule 36 to the Finance Act 2004.
Conversion of periods credited under Discretionary Compensation Regulations etc. into membership
12B
1
Where an employing authority has awarded compensation to a member by way of a credited period in respect of a former employment under earlier Discretionary Compensation Regulations, the authority may resolve, before 31st March 2012, that the member’s total membership be increased by the whole or part of the period credited under those Regulations, but such additional period must not exceed 10 years.
2
From the date on which the resolution takes effect, any period credited under those Regulations is reduced or extinguished accordingly (but without prejudice to any payments which have fallen due or have been made before that date).
3
No resolution may be passed, the result of which would be to cause a member any financial detriment.
4
In paragraph (1), “earlier Discretionary Compensation Regulations” means relevant provisions of —
a
Part 5 of the Local Government (Compensation) Regulations 1974 ;
b
Part 2 of the Local Government (Compensation for Premature Retirement) Regulations 1982 ;
c
Part D of the Local Government Superannuation Regulations 1986 ;
d
Part 3 of the Local Government (Discretionary Payments) Regulations 1996 ; or
e
Part 4 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 .
.
12
In regulation 13 (power of employing authority to award additional pension), in paragraph (2) for “regulation 12” substitute “regulations 12 or 12B”.
13
After regulation 13 (power of employing authority to award additional pension), insert —
Conversion of annual compensation into additional pension
13A
1
Where an employing authority has awarded a member annual compensation in respect of a former employment under earlier Discretionary Compensation Regulations, the authority may resolve, before 31st March 2012, to award the member additional pension equal in value to that compensation.
2
From the date on which the resolution takes effect, the annual compensation is reduced or extinguished accordingly (but without prejudice to any payments which have fallen due or have been made before that date).
3
No resolution may be passed, the result of which would be to cause a member any financial detriment.
4
In paragraph (1) —
a
“annual compensation” includes an annual sum or an annuity, where those terms occur in earlier Discretionary Compensation Regulations; and
b
“earlier Discretionary Compensation Regulations” means relevant provisions of —
i
Parts 4 and 5 of the Local Government (Compensation) Regulations 1974;
ii
Part 3 of the Local Government (Compensation for Premature Retirement) Regulations 1982;
iii
Part K of the Local Government Superannuation Regulations 1986 ;
iv
Parts 3 and 6 of the Local Government (Discretionary Payments) Regulations 1996; or
v
Part 4 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000.
.
14
After regulation 14 (election in respect of additional pension), insert —
Election to pay additional contributions: survivor benefits
14A
1
A member may elect to pay additional contributions in respect of any period of membership occurring prior to 6th April 1988, in order to be credited with additional survivor benefits in respect of a surviving nominated cohabiting partner (within the meaning of regulation 25).
2
An election to pay additional survivor benefits contributions (“ASBCs”) under paragraph (1), must be made no later than 31st March 2011.
3
ASBCs may be paid —
a
in respect of the whole of any period of membership occurring before 6th April 1988 (whether or not that period constitutes a period of complete years of membership); or
b
in respect of complete years of membership only.
4
The amount of ASBCs to be paid under paragraph (1) shall be calculated in accordance with actuarial guidance published by the Secretary of State.
5
If a member elects to pay ASBCs under paragraph (1), a surviving nominated cohabiting partner’s entitlement to a pension by virtue of regulations 24, 33 or 36 as the case may be, will be based on the period of membership occurring after 5th April 1988 plus any period of membership occurring before that date in respect of which the member chooses to pay ASBCs.
6
If a member gives written notice of revocation under regulation 25(5), the member is entitled to an additional pension equivalent to the amount of ASBCs paid under paragraph (1), calculated in accordance with actuarial guidance published by the Secretary of State.
.
15
At the end of regulation 27 (children’s pensions), add —
5
The appropriate administering authority may pay the whole or part of a children’s pension to a person other than an eligible child, to be applied for the benefit of such one or more eligible children as the authority may direct.
.
16
For regulation 38 (pension increases under the Pensions (Increase) Acts), substitute —
38
1
Where a pension to which the Pensions (Increase) Act 1971 (“the 1971 Act”) applies is payable out of an appropriate fund, any increase under that Act or the Pensions (Increase) Act 1974 (“the 1974 Act”), must be paid from that fund.
2
Where the last employing authority is a Water Act Company, the Environment Agency —
a
must reimburse the appropriate administering authority the cost of any increase payable under the 1971 Act or the 1974 Act arising on or after 1st April 1990, from the Closed Water Authorities Fund; and
b
may discharge all future liabilities by way of a lump sum payment from the Closed Water Authorities Fund.
3
The Closed Water Authorities Fund is the Closed Fund vested in the Environment Agency by regulation 2(1) of the Local Government Pension Scheme (Environment Agency) Regulations 1996 .
4
The amounts due under paragraph (2)(a) not paid by way of a lump sum under paragraph 2(b), must be paid on or before such dates falling at intervals of not more than 12 months as the appropriate administering authority may determine.
5
Where a lump sum is to be paid under paragraph (2)(b), such sum must be calculated by reference to —
a
an actuary appointed by the Environment Agency working in agreement with an actuary appointed by the appropriate administering authority; but
b
where the respective actuaries cannot agree the calculation of the lump sum, the amounts due shall be paid in accordance with paragraph (4).
6
The appropriate administering authority shall credit to the appropriate fund any amounts paid to them under paragraph (2) and any interest paid on those amounts.
7
“The last employing authority” has the same meaning as in paragraph 1(2) of Schedule 3 to the 1971 Act.
8
A “Water Act Company” is —
a
a company nominated in accordance with section 4 of the Water Act 1989 as the successor company of a water authority, or
b
a company nominated by order under section 83(1) of that Act.
.
Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008
17
The Local Government Pension Scheme (Transitional Provisions) Regulations 2008 are amended in accordance with regulations 18 to 20.
18
In regulation 3(4) (active members before 1st April 1988), omit “or civil partners”.
19
For regulation 7 (deferred members: limit on death grant), substitute —
7
Where a person to whom regulation 3 applies becomes a deferred member after 31st March 2008 and dies before their pension comes into payment, the death grant to which the person is entitled under any provision of the Scheme or of the 1997 Scheme as continued in effect by regulation 3, shall be a sum equal to their retirement pension multiplied by five.
.
20
In Schedule 2, in paragraph 3(2) for “regulation 12”, substitute “regulations 12 or 12B”.
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
21
The Local Government Pension Scheme (Administration) Regulations 2008 are amended in accordance with regulations 22 to 31.
22
In regulation 4 (general eligibility for membership), in paragraph (1)(b) for “regulation 2(3)”, substitute “regulation 2(2)”.
23
In regulation 9 (eligibility in certain cases of persons who are not employees), for paragraph (1)(d) and (e) substitute —
d
a member of the London Assembly;
e
the Chairman of the London Transport Authority; or
f
the Chair of the Olympic Park Legacy Company .
.
24
In regulation 13 (joining the Scheme), for paragraph (8) substitute —
8
In paragraphs (2), (4), (6) and (7), regulation 14(5) (ending of membership), regulation 23(7) (payment of additional regular contributions) and regulation 24A(7) (payment of additional contributions: survivor benefits), a payment period is a period of service to which the employee’s wages or salary payment relate.
.
25
After regulation 24 insert —
Payment of additional contributions: survivor benefits (ASBCs)
24A
1
A member who wishes to pay additional contributions under regulation 14A of the Benefits Regulations must make a request to do so, in writing, to the appropriate administering authority.
2
A copy of the request must be sent to the member’s employing authority (if different) and must state the length of the period (“the ASB payment period”) over which the member wishes to pay the additional survivor benefits contributions (“ASBCs”).
3
Before agreeing to the request, the member’s administering authority may pass a resolution requiring the member —
a
to satisfy it that the member is in reasonably good health; and
b
to produce to it a report by a registered medical practitioner of the results of a medical examination (obtained at the member’s own expense),
and if the administering authority is not so satisfied, it may refuse the member’s request.
4
The ASB payment period must end before the member’s normal retirement age.
5
The member may only pay ASBCs if the appropriate administering authority notifies the member in writing that it agrees to the request.
6
The actuary appointed by the Secretary of State shall from time to time determine the amount of ASBCs required for any given amount of increased pension and may determine different amounts of ASBCs —
a
for —
i
persons of different ages, or
ii
men or women; or
b
by reference to the length of different payment periods.
7
Where the appropriate administering authority agrees to the member’s request —
a
it must notify the member and the member’s employing authority (if different) of the amount of ASBCs payable in accordance with the actuary’s determination, expressed as an amount in pounds sterling; and
b
the member must pay those ASBCs from the next payment period (as defined in regulation 13(8)) following the date of the administering authority’s notification under paragraph (5).
8
The actuary may at any time redetermine any amount determined under paragraph (6) and if the actuary does so, the member must pay the redetermined ASBCs from 1st April next following the redetermination.
9
If the member pays (or is treated under regulation 24B as having paid) ASBCs for the whole of the ASB payment period, the member must be credited with the additional survivor benefits of the amount that those ASBCs purchase.
Discontinuance of ASBCs
24B
1
A member —
a
may stop paying ASBCs before the end of the ASB payment period if the member notifies the appropriate administering authority and the employing authority (if different) in writing; and
b
must stop doing so if the member ceases to be an active member.
2
If a member stops paying ASBCs before the end of the ASB payment period —
a
on leaving their employment on the grounds of ill-health where the employing authority makes a determination under regulation 20(2) or (3) of the Benefits Regulations; or
b
on the member’s death,
the member is to be treated as having paid ASBCs up to the end of that period.
3
If a member stops paying ASBCs and paragraph (2) does not apply, the member must be credited with additional survivor benefits of an amount determined by the actuary appointed by the Secretary of State, having regard to the ASBCs that were paid before the member stopped paying them .
.
26
In regulation 38 (special circumstances where revised actuarial valuations and certificates must be obtained) —
a
in paragraph (5)(a), after “40(4)” insert “or (5)”; and
b
after paragraph (6), add —
7
Where the Environment Agency Pension Fund agrees with the Environment Agency as mentioned in regulation 40(5), the fund actuary may determine that no revision of the rates and adjustments certificate relating to the Closed Water Authorities Fund is necessary.
.
27
For regulation 40 (employer’s payment following resolution to increase membership or award additional pension) substitute —
40
1
This regulation applies —
a
where an employing authority makes a resolution under any of the following provisions of the Benefits Regulations:
i
regulation 12 (which confers power to increase the total membership of an active member);
ii
regulation 12B (which confers power to convert compensatory credited periods into increased membership);
iii
regulation 13 (which confers power to award additional pension); or
iv
regulation 13A (which confers power to convert annual compensation into additional pension); and
b
where the Environment Agency makes a resolution under regulation 40A (which confers power on the Environment Agency to convert compensatory credited periods awarded to former employees of Water Act Companies into pension in the Closed Water Authorities Fund).
2
Unless paragraph (4) or (5) applies, the employing authority must before the expiry of the relevant period, pay to the appropriate fund, the appropriate sum for the person to whom the resolution relates.
3
The appropriate sum for a person is such sum as is shown as appropriate in guidance issued by the Government Actuary, but if no relevant guidance is issued, then the appropriate sum is such sum as may be determined by the actuary acting for the appropriate fund.
4
This paragraph applies where the administering authority and the employing authority agree before the expiry of the relevant period, that the employing authority will pay increased contributions under regulation 39 or an amount to meet the cost of the increase in membership or the additional pension.
5
This paragraph applies where the Environment Agency —
a
makes a resolution to transfer liabilities into the Closed Water Authorities Fund under regulations 12B or 13A of the Benefits Regulations, or under regulation 40A; and
b
the Environment Agency Pension Fund and the Environment Agency agree before the expiry of the relevant period, that the Environment Agency will pay increased contributions under regulation 39, or an amount to meet the cost of the increase in membership or the additional pension.
6
Any extra charge on the appropriate fund resulting from the resolution under paragraph (1) must be repaid to the fund by the employing authority concerned but only so far as not paid under paragraphs (2), (4) or (5).
7
In the case of a resolution under regulation 12 or 12B of the Benefits Regulations or regulation 40A, the additional period in question may only be counted as a period of membership if one of the conditions in paragraph (9) is met.
8
In the case of a resolution under regulation 13 or 13A of the Benefits Regulations, a person is only entitled to the additional pension awarded if one of those conditions is met.
9
The conditions are that either —
a
the employing authority makes the payment required by paragraph (2) within the relevant period; or
b
paragraphs (4) or (5) apply.
10
The relevant period is —
a
the period of one month beginning with the date of the resolution; or
b
such longer period as the employing authority and the administering authority agree.
11
If neither of the conditions in paragraph (9) is met, the resolution ceases to have effect.
.
28
After regulation 40, insert —
Water Act Company pensions: Environment Agency payments
40A
1
Where, because powers have been exercised under paragraph 2(1) of Schedule 3 to the Water Act 1973 (“the 1973 Act”) , to allow additional periods to be treated as periods of service reckonable for pension purposes under the Employment Security and Severance Schemes for the Water Industry 1977 and 1981 or under arrangements to similar effect , the Environment Agency (“the Agency”) (as successor to the National Rivers Authority is required to discharge liabilities under regulation 4 of the Water Reorganisation (Pensions etc.) Regulations 1989 —
a
subject to paragraph (4), the Agency may resolve to discharge such liabilities by way of a lump sum payment to a Water Act Company from the Closed Water Authorities Fund;
b
the amounts due shall be calculated by reference to an actuary appointed by the Agency working in agreement with an actuary appointed by the Water Act Company; and
c
the Water Act Company shall credit to the appropriate fund any amounts paid to it (including interest).
2
Where the Agency resolves not to discharge its liabilities in accordance with paragraph (1), it may alternatively resolve to grant each member a period of membership in the Closed Water Authorities Fund equal to the value of the additional period allowed to be treated as a period of reckonable service for pension purposes.
3
Where a resolution is passed under paragraph (2), the additional period awarded in the exercise of powers under the 1973 Act is extinguished accordingly (but without prejudice to any payments which have fallen due or have been made before the date the resolution has effect).
4
Where under paragraph (1)(b) the respective actuaries cannot agree the calculation, the resolution under paragraph (1) shall cease to have effect, but the Agency may at a future date resolve to discharge its liabilities in accordance with paragraph (1) or (2).
5
No resolution may be passed under paragraph (2), the result of which would be to cause a member any financial detriment.
6
A Water Act Company is —
a
a company nominated in accordance with section 4 of the Water Act 1989 as the successor company of a water authority, or
b
a company nominated by order under section 83(1) of that Act.
.
29
After regulation 50 (commencement of pensions), insert —
Guaranteed minimum pensions
50A
1
Where a member’s local government employment is contracted-out employment and he or she has a guaranteed minimum, the member is entitled from the date he or she attains pensionable age to payment of a pension at a weekly rate equal to not less than that guaranteed minimum.
2
But if the member attains pensionable age while in local government employment, the member is not so entitled until he or she leaves that employment, unless paragraph (3) (4), or (5) applies.
3
If the member —
a
continues in local government employment for a further period of five years after attaining pensionable age; and
b
does not then leave that employment,
the member is entitled from the end of the period mentioned in sub-paragraph (a) to payment of so much of his or her retirement pension as equals that guaranteed minimum.
4
If the member attains pensionable age while in local government employment but subsequently changes employment to employment which is not local government employment, the member is entitled.
5
If the member changes employment to employment which is not local government employment and the member attains pensionable age while in that employment, the member is entitled.
6
Where paragraph (3), (4) or (5) applies the member may consent to a postponement of the entitlement.
7
For the purposes of this regulation, a person has a guaranteed minimum if they have such a minimum under section 14 (earner’s guaranteed minimum) of the Pension Schemes Act 1993 in relation to benefits under these Regulations or the Benefits Regulations, and references to entitlement are to the entitlement to payment of a pension in accordance with paragraph (1).
8
In this regulation —
a
“contracted-out employment” shall be construed in accordance with section 8 of the Pension Schemes Act 1993 ; and
b
“pensionable age” shall be construed in accordance with section 181 of that Act.
.
30
In regulation 74 (recovery or retention where former member has misconduct obligation), for paragraph (3) substitute —
3
The rights specified in paragraph (2)(b) do not include rights enjoyed by virtue of the receipt of a transfer value or credited by virtue of ARCs, ASBCs, AVCs or SCAVCs.
.
31
In Schedule 1 (interpretation), insert —
a
after the definition of “ARCs” —
“ASBCs” means additional survivor benefits contributions as referred to in regulation 24A;
; and
b
after the definition of “CIPFA” —
“the Closed Water Authorities Fund” means the Closed Fund vested in the Environment Agency by regulation 2(1) of the Local Government Pension Scheme (Environment Agency) Regulations 1996 ;
.
Transfer of funds
32
1
Any surplus held by the London Pension Fund Authority after discharging its liabilities in respect of the London Residuary Body stock shall be transferred to the fund maintained by it under regulation 29 of the Local Government Pension Scheme (Administration) Regulations 2008.
2
In this regulation, “the London Residuary Body stock” means the stock transferred by article 8(1) of the London Residuary Body (Transfer of Property etc) Order 1990 .
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
1st December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2009 and shall come into force —
a
for all purposes other than those of regulation 3 on 21st November 2009; and
b
for the purposes of regulation 3 on 6th April 2010.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
3
1
Amend regulation 11 (second adult element) as follows.
2
In paragraph (4) for “section 115(9)(a)” substitute “section 115(9)”.
3
After paragraph (4) insert —
5
Paragraph (4)(b) does not apply where the claimant subject to immigration control is a person to whom Case 4 of regulation 3(1) of the Tax Credits (Immigration) Regulations 2003 applies.
.
4
1
Amend regulation 14 (child care charges) as follows.
2
In paragraph (1A).
a
in sub-paragraph (d) for “regulation 14(2)(f)(ii)” substitute “regulation 14(2)(f)(vii)”,
b
in sub-paragraph (e) —
i
after “a foster parent” add “, a foster carer or a kinship carer”, and
ii
for “that foster parent is fostering” substitute “that person is fostering or is looking after as the child’s kinship carer”.
3
In paragraph (1B), after sub-paragraph (b), insert —
c
“foster parent” in relation to a child —
i
in relation to England, means a person with whom the child is placed under the Fostering Services Regulations 2002 ;
ii
in relation to Wales, means a person with whom the child is placed under the Fostering Services (Wales) Regulations 2003 ;
iii
in relation to Northern Ireland, means a person with whom the child is placed under the Foster Placement (Children) Regulations (Northern Ireland) 1996 ; and
d
“foster carer” and “kinship carer” have the meanings given in regulation 2 of the Looked After Children (Scotland) Regulations 2009 .
.
4
In paragraph (2)
a
In sub-paragraph (b) for paragraph (iii) substitute —
iii
by a foster carer in relation to a child other than one whom that person is fostering;
;
b
in sub-paragraph (c)(iv) omit “under the Foster Placement (Children) Regulations (Northern Ireland) 1996”;
c
in sub-paragraph (f)(v) omit “under the Fostering Services (Wales) Regulations 2003”.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
5
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
6
In regulation 4(4) (employment income) in item 16 of Table 1 —
a
at the end of paragraph (d) omit “or”,
b
at the end of paragraph (e) insert —
, or
f
under the Future Capital pilot scheme.
.
7
1
Regulation 19 (general disregards in the calculation of income) is amended as follows.
2
In item 3 of Table 6 —
a
at the end of paragraph (a) omit “or”,
b
after paragraph (b) insert —
; or
c
the Steps to Work Programme specified in regulation 75(1)(a)(vi) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 .
.
3
In item 2 of column 1 of Table 7 —
a
at the end of paragraph (c) omit “or”,
b
after paragraph (d) insert —
; or
e
child care expenses under the Steps to Work Programme specified in regulation 75(1)(a)(vi) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
8
1
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
2
In the following places for “three months” or “3 months” (as the case may be) substitute “93 days” —
a
in the heading to regulation 7;
b
in regulation 7(2)(a);
c
in regulation 8(2)(b);
d
in regulation 8(3)(b).
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
28th October 2009
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Adult Skills (Specified Qualifications) Regulations 2009 and come into force on 1st August 2009.
Interpretation and application
2
1
In these Regulations —
“ the Act ” means the Learning and Skills Act 2000;
“an education or training provider” means any body which provides courses of study for qualifications specified in, or for the purposes of, these Regulations;
“the Schedule” means Schedule 1A to the Act.
2
These Regulations apply in relation to England.
Level 1 literacy qualifications
3
For the purposes of paragraph 1(a) of the Schedule, a specified qualification in level 1 literacy is an external qualification, or description of an external qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 4 of the Schedule.
Entry level 3 numeracy qualifications
4
For the purposes of paragraph 1(b) of the Schedule, a specified qualification in entry level 3 numeracy is an external qualification, or description of an external qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 5 of the Schedule.
Vocational qualifications at level 2
5
For the purposes of paragraph 1(c) of the Schedule, a specified vocational qualification at level 2 is an external vocational qualification, or description of an external vocational qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 6 of the Schedule.
Qualifications at level 3
6
For the purposes of paragraph 2 of the Schedule, a specified qualification at level 3 is an external qualification, or a description of an external qualification, which is assessed by the Council to be at the level of attainment specified in paragraph 7 of the Schedule.
Publication of lists
7
The Council must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of its functions under regulations 3, 4, 5 and 6, as being at the relevant level of attainment .
Exclusion for apprentices
8
For the purposes of sections 4A(3)(c), 4B(2)(c) and 4B(4)(c), it is a condition that a person should not be studying for a specified qualification as part of their engagement under the Government arrangements known, at 1st August 2009, as Apprenticeships, Advanced Apprenticeships or Programme Led Apprenticeships.
Persons to be treated as not having a specified qualification
9
1
A person is to be treated for the purposes of sections 4A(1) or 4B(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 3, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level if that person —
a
is assessed in accordance with regulation 10 as having literacy skills below the level of attainment described in paragraph 4 of the Schedule; and
b
has been awarded on a previous occasion either —
i
a qualification specified for the purposes of regulation 3; or
ii
a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 3.
2
A person is to be treated for the purposes of sections 4A(1) or 4B(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 4, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level if that person —
a
is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in paragraph 4 of the Schedule; and
b
has been awarded on a previous occasion either —
i
a qualification specified for the purposes of regulation 4; or
ii
a qualification (including one awarded by a person outside England) which appears to the Council to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.
Assessment of skill level
10
1
For the purposes of regulation 9, an education or training provider may assess whether a person has a skill level below the level of attainment demonstrated by paragraphs 3 and 4 of the Schedule.
2
For the purposes of performing the function in subparagraph (1), an education or training provider may select a test or assessment.
Tuition fees
11
For the purposes of section 4B(8) of the Act, “tuition fees” include —
a
the costs of any examination for a qualification specified in regulations 3 and 4;
b
the costs of any assessment under regulation 10.
Kevin Brennan
Minister of State
Department for Business, Innovation and Skills
29th June 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009 and come into force on 6th April 2009.
2
These Regulations extend to England and Wales .
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Transport Act 1985;
“decision” means the decision of a traffic commissioner under subsection (5) of section 6A of the 1985 Act (applications for registration etc. where restrictions are in force);
“notice” means, except in regulation 6 and paragraph (1) of the Schedule, the notice given by the traffic commissioner to relevant authorities and relevant operators under subsection (2) of section 6A of the 1985 Act.
2
Except in regulation 6, any period of days prescribed in these Regulations is to be calculated excluding any day which is Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Procedure for giving notice
3
1
Subject to paragraph (3), a notice must be given in writing as soon as reasonably practicable after the date of receipt of the relevant application , and in any event no more than 14 days after that date.
2
For the purposes of section 6A(3)(b) of the 1985 Act , a notice must include all of the following —
a
a copy of the relevant application to which the notice relates;
b
information about the procedure prescribed in regulation 4 for relevant authorities and relevant operators to make relevant representations to the traffic commissioner;
c
the address to which relevant representations should be sent;
d
where the service of relevant representations in electronic format is accepted, the fax number, e-mail address or other electronic address to which relevant representations may be sent;
e
the date by which relevant representations must be made, which must be not less than 21 days after the date of the notice; and
f
a list of the relevant authorities and relevant operators to whom the notice has been sent.
3
Paragraph (1) does not apply if a relevant application does not contain all of the particulars prescribed for the purposes of section 6(2)(a) of the 1985 Act which are applicable to the application.
Procedure for making relevant representations
4
1
Relevant representations must —
a
be made in writing;
b
be served on the traffic commissioner who gave the notice no later than the date specified in accordance with regulation 3(2)(e); and
c
state the reasons why the relevant authority or, as the case may be, the relevant operator believes that the effect of accepting the relevant application would be detrimental to the provision of local services under the quality partnership scheme.
2
Relevant representations may, where the notice includes any of the information described in regulation 3(2)(d), be served by fax or electronic communication.
3
The relevant authority or, as the case may be, the relevant operator must, at the same time as they submit relevant representations to the traffic commissioner, send a copy of those representations to —
a
the person who made the relevant application; and
b
the persons listed in the notice in accordance with regulation 3(2)(f).
4
Where a relevant authority or, as the case may be, a relevant operator submits relevant representations after the date stipulated in the notice in accordance with regulation 3(2)(e), but before the traffic commissioner has made a decision in respect of the relevant application to which the relevant representations relate, the traffic commissioner may take those representations into account if satisfied that —
a
there is an acceptable reason for the delay in submitting the representations; and
b
taking the representations into account will not delay the making of the decision.
Procedure to be followed in determining the application
5
1
Where relevant representations are made to the traffic commissioner, the traffic commissioner must notify the parties described in paragraph (2) in writing, within the periods described in paragraph (3), of the decision as to whether the relevant application is to be accepted.
2
The parties are —
a
the person who made the relevant application;
b
any relevant authority who made relevant representations against the application; and
c
any relevant operator who made relevant representations against the application.
3
The periods are —
a
within 21 days beginning with the date stipulated in the notice in accordance with regulation 3(2)(e); or
b
where the traffic commissioner holds an inquiry under section 54 of the Public Passenger Vehicles Act 1981 (inquiries held by traffic commissioners) in respect of a relevant application, within 14 days beginning with the date of the conclusion of the inquiry.
4
Where the decision is to accept the relevant application, the notification referred to in paragraph (1) must specify the date, determined in accordance with regulation 6, on which the registration or, as the case may be, variation or cancellation of an existing registration, will take effect.
5
Where the traffic commissioner considers it to be necessary in order for a particular case to be dealt with fairly and justly, the traffic commissioner may, in accordance with paragraph (6), extend either of the periods prescribed in paragraph (3).
6
A period may be extended by virtue of paragraph (5) only for such period as the traffic commissioner considers appropriate in the circumstances of the case.
Period of notice for purposes of section 6 of the 1985 Act
6
1
Where a relevant application is accepted by the traffic commissioner, the period of notice referred to in section 6(2)(b) or, as the case may be, the date described in section 6(8)(a) of the 1985 Act is such period or date as the traffic commissioner may determine in accordance with this regulation.
2
Unless the traffic commissioner decides that a shorter period should apply in accordance with paragraph (4), the date on which the period of notice expires must not be earlier than the later of the dates referred to in paragraph (3).
3
The dates are —
a
28 days after the date on which the traffic commissioner notified the applicant of the decision in accordance with regulation 5(1); and
b
the date cited in the relevant application as the date on which the applicant proposes to start to provide the new service or, as the case may be, to bring into effect the variation or cancellation of the registration of the service.
4
The traffic commissioner may provide for the period of notice referred to in section 6(2)(b) or, as the case may be, section 6(8)(a) of the 1985 Act to be shorter than 28 days where the traffic commissioner considers that —
a
due to exceptional circumstances, a shorter period would be appropriate; and
b
it is reasonable to expect the operator to implement the new or, as the case may be, the revised particulars of the service within the shorter period.
5
Where an application is made under section 6(7) of the 1985 Act to vary a registration to which registration restrictions imposed under section 114(3A) of the Transport Act 2000 have effect , and that application is made in either of the cases described in paragraph (6), section 6(8) of the 1985 Act is modified to exclude the requirement of the expiry of a period.
6
The cases are —
a
where the registration is varied only to enable the operator of the service to comply with a traffic regulation condition or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic; or
b
where the registration is varied only in respect of a change in the operator’s address.
Consequential amendments
7
The amendments in the Schedule have effect.
Signed by authority of the
Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
28th February 2009


text:
Citation and Commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 and shall come into force on 31 March 2009.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immediate family” means a Tier 2 or Tier 4 migrant’s spouse, civil partner, unmarried partner, same sex partner, dependant child under 18 or parent of a Tier 4 (Child) Student;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Act;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“licensed sponsor” means a person who has been granted a sponsor licence;
“Points-based system” means the Points-based system under Part 6A of the immigration rules;
“sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a Sponsor under Tiers 2, 4 or 5 of the Points-based System;
“Tier 2 migrant” means a migrant who (i) makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ Points-based system or (ii) has been granted leave under the relevant paragraphs of the immigration rules;
“Tier 4 migrant” means a migrant who (i) makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ Points-based system or (ii) has been granted leave under the relevant paragraphs of the immigration rules;
Exemption of licensed sponsors
3
1
Subject to paragraphs (2) and (3) and for the purposes of section 84(4)(d) of the Act the following persons shall be specified, namely persons who are licensed sponsors of Tier 2 and Tier 4 migrants and who provide immigration advice or immigration services free of charge to those migrants or their immediate family.
2
The immigration advice or services given must be restricted to matters relating to the migrant’s application under Tier 2 or Tier 4 of the Points-based system or to an application for entry clearance, leave to enter or leave to remain made by that person’s immediate family and which is dependent on the migrant’s application under Tier 2 or Tier 4 of the Points-based system.
3
For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the licensed sponsor.
Phil Woolas
Minister of State
Home Office
6th March 2009