type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Federal Republic of Germany) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order, the Protocol set out in Part 2 of that Schedule and the Joint Declaration set out in Part 3 of that Schedule have been made with the Federal Republic of Germany;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Federal Republic of Germany and for the purpose of assisting international tax enforcement; and
c
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Equality Act (Age Exceptions for Pension Schemes) Order 2010 and shall come into force on 1st October 2010.
Interpretation
2
1
In this Order, subject to paragraph (2), “occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 .
2
In relation to rules, practices, actions or decisions identified at paragraph 1(a) of Schedule 1, “occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 under which only retirement-benefit activities within the meaning of section 255(4) of the Pensions Act 2004 are carried out.
3
In this Order, “schemes” means an occupational pension scheme, construed in accordance with paragraphs (1) and (2).
4
In this Order, in relation to a scheme —
“active member” has the meaning given by section 124 of the Pensions Act 1995 , but in paragraph 8 of Schedule 1 also includes an active member within the meaning of section 151(2) of the Finance Act ;
“additional state retirement pension” means the additional pension in the Category A retirement pension within the meaning of sections 44 and 45 of the Social Security Contributions and Benefits Act 1992 ;
“age related benefit” means benefit provided from a scheme to a member —
on or following the member’s retirement (including early retirement on grounds of ill health or otherwise),
on the member reaching a particular age, or
on termination of the member’s service in an employment;
“basic statement retirement pension” means the basic pension in the Category A retirement pension within the meaning of section 44 of the Social Security Contributions and Benefits Act 1992;
“block transfer” means a transfer in a single transaction or series of transactions from a scheme of all the sums or assets held for the purposes of, or representing, or derived from —
all accrued rights under a scheme,
contracted-out rights, or
rights which are not contracted-out rights,
relating to a period of continuous pensionable service (or pensionable service which is treated as continuous) or one or more of a number of separate periods of such pensionable service which relate to a member and at least one other member;
“contracted-out rights” are such rights, under or derived from an occupational pension scheme or an appropriate personal pension scheme as fall within the following categories —
entitlement to payment or, or accrued rights to, guaranteed minimum pensions;
protected rights; or
section 9(2B) rights;
“death benefit” means benefit payable from a scheme in respect of a member, in consequence of that member’s death;
“defined benefits arrangement” has the meaning given by section 152(6) of the Finance Act, but the reference in that section to an arrangement shall be read as referring to an arrangement in respect of a member under a scheme as defined in section 1 of the Pension Schemes Act 1993 rather than in respect of a member under a pension scheme as defined in section 150(1) of the Finance Act;
“dependant” means a widow, widower or surviving civil partner, or a dependant as defined in the scheme rules;
“early retirement pivot age” means, in relation to age related benefit provided under a scheme, an age specified in the scheme rules (or otherwise determined) as the earliest age at which entitlement arises —
without consent (whether of an employer, trustee or managers of the scheme or otherwise), and
without an actuarial reduction,
but disregarding any special provision as to early payment on grounds of ill health or otherwise;
“the Finance Act” means the Finance Act 2004 ;
“guaranteed minimum pension” has the meaning given in section 8(2) of the Pension Schemes Act 1993 ;
“late retirement pivot age” means an age specified in the scheme rules (or otherwise determined) above which benefit becomes payable with actuarial enhancement;
“lower earnings limit” means the amount specified for the tax year in question in regulations made under section 5(1)(a)(i) of the Social Security Contributions and Benefits Act 1992 (earnings limits and thresholds for Class 1 contributions);
“member” means any active member, deferred member, or pensioner member, but in paragraph 7 includes any active, deferred or pensioner member within the meaning of section 151(2) to (4) of the Finance Act;
“money purchase arrangement” has the meaning given by section 152(2) of the Finance Act, but the reference in that section to an arrangement shall be read as referring to an arrangement in respect of a member under a scheme as defined in section 1 of the Pension Schemes Act 1993 rather than in respect of a member under a pension scheme as defined in section 150(1) of the Finance Act;
“non-discrimination rule” means the rule in section 61 of the Equality Act 2010 as it applies to the protected characteristic of age under that Act;
“normal pension age” has the meaning given by section 180 of the Pension Schemes Act 1993;
“normal retirement age”, in relation to a member, means the age at which workers in the undertaking for which the member worked at the time of the member’s retirement, and who held the same kind of position as the member held at retirement, were normally required to retire;
“pensionable pay” means that part of a member’s pay which counts as pensionable pay under the scheme rules;
“prospective member” means any person who, under the terms of the person’s employment, or the scheme rules, or both —
is able, at the person’s option, to become a member of the scheme,
shall become so able if the person continues in the same employment for a sufficient period of time,
shall be so admitted to it automatically unless the person makes an election not to become a member, or
may be admitted to it subject to the consent of any person;
“protected rights” has the meaning given in section 10 of the Pension Schemes Act 1993 ;
“redundancy” means being dismissed by reason of redundancy for the purposes of the Employment Rights Act 1996 ;
“relevant transfer” has the meaning given in —
regulation 2(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (a relevant transfer), or as the case may be,
regulation 2(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (a relevant transfer);
“section 9(2B) rights” are —
rights to the payment of pensions and accrued rights to pension (other than rights attributable to voluntary contributions) under a scheme contracted-out by virtue of section 9(2B) of the Pension Schemes Act 1993 , so far as attributable to an earner’s service in contracted-out employment on or after 6th April 1997; and
where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from —
such rights as are referred to in sub-paragraph (a) under another scheme contracted-out by virtue of section 9(2B) of that Act; or
protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of employment on or after 6th April 1997;
“upper earnings limit” means the amount specified for the tax year in question in regulations made under section 5(1)(a)(iii) of the Social Security Contributions and Benefits Act 1992 (earnings limits and thresholds for Class 1 contributions).
5
In this Order, “registered pension scheme” has the meaning given by section 150(2) of the Finance Act, and references to contributions under a money purchase arrangement shall be construed as including amounts credited to a member’s account whether or not they reflect payments actually made under the scheme.
Occupational pension schemes: excepted rules, practices, actions and decisions
3
It is not a breach of the non-discrimination rule for the employer, or the trustees or managers of a scheme, to maintain or use in relation to the scheme, those rules, practices, actions or decisions set out in Schedule 1.
Contributions by employers to personal pension schemes: excepted practices, actions and decisions
4
It is not an age contravention for the employer, in relation to the payment of contributions to any personal pension scheme in respect of a worker, to maintain or use those practices, actions or decisions set out in Schedule 2.
Unlawfulness of rules, practices, actions or decisions
5
1
The inclusion of a rule, practice, action or decision in Schedule 1 (Occupational Pension Schemes: excepted rules, practices, actions or decisions) shall not be taken to mean that, but for the exemption in Schedule 1, the use or maintenance by an employer or the trustees or managers of a scheme of the rule, practice, action or decision in relation to the scheme, would be unlawful.
2
The inclusion of a practice, action or decision in Schedule 2 (Contributions by Employers to Personal Pension Schemes: excepted practices, actions or decisions) shall not be taken to mean that, but for the exemption in Schedule 2, the use or maintenance by an employer of the practice, action or decision in relation to the payment of contributions to a personal pension scheme in respect of a worker, would be unlawful.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th August 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010.
2
These Regulations come into force on the day on which the Convention enters into force for the United Kingdom, which date will be notified in the London, Edinburgh and Belfast Gazettes.
3
These Regulations extend to England and Wales and Northern Ireland.
Interpretation
2
In these Regulations —
“Central Authority” has the meaning given by regulation 9(1) ;
“Contracting State” means a state party to the Convention;
“the Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 ;
“the Council Regulation” means Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility;
“Department of Justice” means the Department of Justice in Northern Ireland;
“local authority” means —
in relation to England, the council of a county, a metropolitan district, the Council of the Isles of Scilly, a London borough or the Common Council of the City of London, and
in relation to Wales, the council of a county or a county borough;
“member State” means a member State of the European Union which is bound by the Council Regulation;
“Northern Ireland authority” means an authority within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995 ;
“public authority” means a body whose functions are wholly or mainly of a public nature;
“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .
Power of court to remove stay under Article 8
3
1
This regulation applies where —
a
a court has exercised its power under Article 8 of the Convention to request an authority of another Contracting State to assume jurisdiction in relation to an application,
b
the court has stayed proceedings on the application, and
c
Part 1 of the Family Law Act 1986 does not apply in relation to the application.
2
The court may remove a stay granted in order for it to exercise its powers under Article 8 of the Convention, and withdraw any request made by it under that Article to an authority in another Contracting State to assume jurisdiction, if —
a
the authority in the other Contracting State does not assume jurisdiction within the period for which the court granted the stay, or
b
the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.
Local authorities and Northern Ireland authorities: application to court to make request under Article 9
4
1
This regulation applies where —
a
either —
i
a local authority in England and Wales wishes to make an application in respect of a child under section 31 of the Children Act 1989 (care and supervision orders), or
ii
a Northern Ireland authority wishes to make an application in respect of a child under Article 50 of the Children (Northern Ireland) Order 1995 (care and supervision orders), and
b
the authorities of another Contracting State have jurisdiction in respect of the child under the Convention.
2
The local authority or Northern Ireland authority must make an application to the High Court, requesting the court to exercise its power under Article 9 of the Convention (request to competent authority of the Contracting State of the habitual residence of the child for authorisation to exercise jurisdiction).
Local authorities: application for interim care order or supervision order
5
1
This regulation applies where —
a
a local authority in England and Wales thinks that the conditions in section 31(2)(a) and (b) of the Children Act 1989 (threshold for care and supervision orders) apply in relation to a child, and
b
one of the following applies in relation to the child —
i
Article 11 of the Convention (measures of protection in cases of urgency),
ii
Article 12 of the Convention (measures of a provisional character), or
iii
Article 20 of the Council Regulation (provisional and protective measures).
2
Where this regulation applies, section 38 of the Children Act 1989 (interim orders) has effect as if —
a
for subsection (1)(a) and (b) there were substituted —
a
a local authority makes an application for an interim care order or interim supervision order in relation to a child, and
b
one of the following applies in relation to the child —
i
Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),
ii
Article 12 of the Convention (measures of a provisional character), or
iii
Article 20 of Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (provisional and protective measures) (“the Council Regulation”),
,
b
subsection (3) were omitted,
c
in subsection (4)(b) the words “in the same proceedings” were omitted, and
d
for subsection (4)(c) to (e) there were substituted —
c
in a case which falls within subsection (1)(b)(i) or (ii), when —
i
the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or
ii
measures taken by the authorities of another State are recognised in England and Wales;
d
in a case which falls within subsection (1)(b)(iii), when the court of the member State with jurisdiction under the Council Regulation has taken the measures it considers appropriate.
.
3
Where this regulation applies —
a
section 31 of the Children Act 1989 (care and supervision orders) has effect as if, in section 31(3A), after “care order” there were inserted the words “, other than an interim care order,”
b
section 31A of that Act (care plans) has effect as if subsection (5) were omitted, and
c
section 41 of that Act (representation of child’s interests) has effect as if in subsection (6) there were included a reference to an application for an interim care order or interim supervision order by virtue of this regulation.
Northern Ireland authorities: application for interim care order or supervision order
6
1
This regulation applies where —
a
a Northern Ireland authority thinks that the conditions in Article 50(2)(a) and (b) of the Children (Northern Ireland) Order 1995 (threshold for care and supervision orders) are met, and
b
one of the following applies in relation to the child —
i
Article 11 of the Convention (measures of protection in cases of urgency),
ii
Article 12 of the Convention (measures of a provisional character), or
iii
Article 20 of the Council Regulation (provisional and protective measures).
2
Where this regulation applies, Article 57 of the Children (Northern Ireland) Order 1995 has effect as if —
a
for paragraph (1)(a) and (b) there were substituted —
a
an authority makes an application for an interim care order or interim supervision order in relation to a child, and
b
one of the following applies in relation to the child —
i
Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),
ii
Article 12 of the Convention (measures of a provisional character), or
iii
Article 20 of Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (provisional and protective measures) (“the Council Regulation”),
,
b
paragraph (3) were omitted,
c
in paragraph (4)(b) the words “in the same proceedings” were omitted, and
d
for paragraph (4)(c) to (e) there were substituted —
c
in a case which falls within subsection (1)(b)(i) or (ii), when —
i
the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or
ii
measures taken by the authorities of another State are recognised in Northern Ireland;
d
in a case which falls within subsection (1)(b)(iii), when the court of the member State with jurisdiction under the Council Regulation has taken the measures it considers appropriate.
.
3
Where this regulation applies, Article 60 of the Children (Northern Ireland) Order 1995 (representation of child’s interests) has effect as if in paragraph (6) there were included a reference to an application for an interim care order or interim supervision order by virtue of this regulation.
Application of Article 15
7
The reference to Chapter II of the Convention in Article 15(1) of the Convention is to be read as including a reference to Chapter II of the Council Regulation.
Judicial authorities
8
1
The High Court has jurisdiction to entertain an application under Article 24 of the Convention for recognition, or non-recognition, of a measure taken in another Contracting State.
2
But where the recognition or non-recognition of a measure is raised as an incidental question in another court, that court may determine the issue.
3
The High Court is also to have jurisdiction —
a
to register a measure taken in another Contracting State for enforcement under Article 26 of the Convention, and
b
to entertain an application for a declaration —
i
that a person has, or does not have, parental responsibility for a child by virtue of Article 16 of the Convention, or
ii
as to the extent of a person’s parental responsibility for a child by virtue of that Article.
Central authorities
9
1
The functions under the Convention of a Central Authority are to be discharged —
a
in England, by the Lord Chancellor,
b
in Wales, by the Welsh Ministers, and
c
in Northern Ireland, by the Department of Justice,
and a reference in these Regulations to a “Central Authority” means any of the Lord Chancellor, the Welsh Ministers or the Department of Justice in so far as they have functions under this regulation.
2
If a person outside the United Kingdom does not know to which Central Authority in the United Kingdom a communication should be addressed, the person may address it to the Lord Chancellor.
Requests for information by Central Authority where request received under Article 31(c)
10
1
Paragraphs (2), (3) and (4) apply if a Central Authority receives a request for assistance under Article 31(c) of the Convention (either directly or via another Central Authority in the United Kingdom).
2
The Lord Chancellor may request information about the whereabouts of a child from —
a
a local authority in England, or
b
the Secretary of State.
3
The Welsh Ministers may request information about the whereabouts of a child from —
a
a local authority in Wales,
b
a Local Health Board (within the meaning given by section 11 of the National Health Service (Wales) Act 2006 ), or
c
an NHS Trust (within the meaning given by section 18 of that Act).
4
The Department of Justice may request information about the whereabouts of a child from a public authority in Northern Ireland, but may do so only in circumstances where a requirement to provide information could be imposed on the public authority by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998 ).
5
A person (other than a court in Northern Ireland) who receives a request for information under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (6)).
6
Nothing in this regulation requires a person to disclose information if —
a
Article 37 of the Convention applies, or
b
the disclosure would constitute contempt of court or a criminal offence.
7
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.
8
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.
Requests for information under Council Regulation
11
1
This regulation applies if the designated Central Authority in England and Wales under Article 53 of the Council Regulation receives a request for information from another member State under Article 55(a)(i) of the Council Regulation.
2
The designated Central Authority in England and Wales may request information about the whereabouts of a child from —
a
a local authority in England,
b
a local authority in Wales,
c
the Secretary of State,
d
an officer of the Children and Family Court Advisory and Support Service,
e
a Welsh family proceedings officer,
f
a Local Health Board (within the meaning given by section 11 of the National Health Service (Wales) Act 2006), or
g
an NHS Trust (within the meaning given by section 18 of that Act).
3
The designated Central Authority in England and Wales may request a report on the situation of a child from —
a
a local authority in England,
b
a local authority in Wales,
c
an officer of the Children and Family Court Advisory and Support Service, or
d
a Welsh family proceedings officer.
4
A person who receives a request for information under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (5)).
5
Nothing in this regulation requires a person to disclose information if the disclosure would constitute contempt of court or a criminal offence.
6
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.
7
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.
Power to request report on child’s situation
12
1
This regulation applies where a Central Authority thinks it appropriate to provide a report on the situation of a child under Article 32(a) of the Convention.
2
The Lord Chancellor may request a written report on the situation of the child from —
a
a local authority in England, or
b
an officer of the Children and Family Court Advisory and Support Service.
3
The Welsh Ministers may request a written report on the situation of the child from —
a
a local authority in Wales, or
b
a Welsh family proceedings officer.
4
The Department of Justice may request a written report on the situation of the child from a public authority or other person in Northern Ireland, but may do so only in circumstances where a requirement to provide information could be imposed on the public authority or other person by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
5
A person in England and Wales or any public authority, other than a court, in Northern Ireland who receives a request for a report under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (6)).
6
Nothing in this regulation requires a person to disclose information if —
a
Article 37 of the Convention applies, or
b
the disclosure would constitute contempt of court or a criminal offence.
7
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.
8
If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.
Local authorities and Northern Ireland authorities: requirement to provide a report
13
1
This regulation applies if a local authority in England and Wales or a Northern Ireland authority is contemplating —
a
placing a child in another Contracting State, within the meaning given by Article 33 of the Convention, or
b
placing a child in another member State, within the meaning given by Article 56 of the Council Regulation.
2
Either the court or the local authority or Northern Ireland authority, whichever has jurisdiction under Articles 5 to 10 of the Convention or Articles 8 to 14 of the Council Regulation, as the case may be (“the authority”) —
a
must provide a report to the Central Authority, or other competent authority, of the other Contracting State in accordance with Article 33(1) of the Convention, if the authority is exercising jurisdiction under the Convention, or
b
must consult the Central Authority, or other competent authority, of the other member State in accordance with Article 56 of the Council Regulation, if the authority is exercising jurisdiction under the Council Regulation.
Power to respond to a request under Article 34
14
A public authority in England and Wales or Northern Ireland may provide information in response to a request communicated to it by the Central Authority under Article 34 of the Convention.
Northern Ireland: power of court to authorise disclosure
15
If a court in Northern Ireland is satisfied that a disclosure of information relating to proceedings before a court sitting in private is for the purpose of enabling the Central Authority in Northern Ireland to exercise a function under the Convention —
a
the court may authorise the disclosure of the information, and
b
a disclosure authorised under paragraph (a) is not punishable as contempt of court.
Services under Article 35
16
1
The Secretary of State may charge a reasonable fee in respect of the provision of a service under Article 35 (1) or (2) of the Convention.
2
The Welsh Ministers may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.
3
The Department of Justice may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.
4
A request under Article 35(2) of the Convention is to be made —
a
if the parent making the request resides in England and Wales, to the local authority in whose area the parent resides, and
b
if the parent making the request resides in Northern Ireland, to the Department of Justice.
5
A local authority in England may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.
6
A local authority in Wales may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.
7
A fee is “reasonable” for the purposes of this regulation if the income from fees of that kind equates as nearly as possible to the costs of providing the service to which the fees relate (including a reasonable share of expenditure which is referable only partly or only indirectly to the provision of that service).
Amendments to other enactments
17
The Schedule contains amendments to other enactments consequential on the entry into force of the Convention for the United Kingdom.
Signed by authority of the Secretary of State for Justice
McNally
Minister of State
Ministry of Justice
23rd July 2010


text:
Title, application and commencement
1
This Order —
a
may be cited as the Poultry Compartments (Fees) (England) Order 2010;
b
applies in England; and
c
comes into force on 15th March 2010.
Fees
2
The fees for inspections in relation to applications made under the Poultry Compartments (England) Order 2010 set out in the Schedule to this Order are payable to the Secretary of State by the applicant within 30 days of the inspection.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
21st January 2010
We approve
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2010


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2010 and shall come into force on 7th April 2010.
Amendment of Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
2
1
The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 are amended as follows.
2
Column 2 of Table A in Schedule 1 (modifications of the Income Support (General) Regulations 1987) is amended as follows —
a
in the modification of regulation 45 (capital limit) of the Income Support (General) Regulations 1987, for “£23,000” substitute “£23,250”; and
b
in the modification of regulation 53 (calculation of tariff income from capital) of those Regulations —
i
for “£14,000” substitute “£14,250”, and
ii
for “£23,000” substitute “£23,250”.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
25th February 2010


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (City and County of Cardiff) Designation Order 2010 and shall come into force on 5 July 2010.
Designation of civil enforcement area and special enforcement area
2
The Welsh Ministers designate the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
19 May 2010


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2010.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
P S A Jones
A Deputy Director in the
Department for Children, Schools and Families
31st March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Police Act 1997 (Criminal Records) (Jersey) Order 2010.
2
Subject to paragraphs (3) to (5) this Order comes into force on the day after the day on which it is made.
3
Article 3(2)(a) (the extension of section 112 of the 1997 Act ) and the modifications specified in paragraph 1 of Schedule 1 come into force on the day on which section 112 of the 1997 Act comes into force in England and Wales.
4
Article 4(2)(d) (the extension of the repeal of section 113E of the 1997 Act) comes into force upon the ending of the second transitional period.
5
The modifications specified in paragraph 2(b)(ii) of Schedule 2 come into force on the day on which section 170(2) of the Education and Inspections Act 2006 (prohibition on participation in management: supplementary) comes into force in England and Wales.
Interpretation
2
1
In this Order —
“the 1997 Act” means the Police Act 1997 ;
“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the first transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 ;
“ Jersey ” means the Bailiwick of Jersey and its adjacent territorial sea;
“the second transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009.
2
The Interpretation (Jersey) Law 1954 shall apply to this Order as if this Order were an enactment for the purposes of that Law.
Extension of Part 5 of the Police Act 1997 to Jersey
3
1
The following provisions of Part 5 (Certificates of criminal records, &c) of the 1997 Act, as amended by the Greater London Authority Act 1999 , the Police (Northern Ireland) Act 2000 , the Criminal Justice and Police Act 2001 , the Criminal Justice Act 2003 and the Serious Organised Crime and Police Act 2005, extend to Jersey subject to the modifications specified in Schedules 1 and 3 .
2
The provisions are —
a
section 112 (criminal conviction certificates);
b
section 113A (criminal record certificates);
c
section 113B (enhanced criminal record certificates);
d
section 113E (criminal record certificates: specified children’s and adults’ lists: urgent cases);
e
section 114 (criminal record certificates: Crown employment);
f
section 116 (enhanced criminal record certificates: judicial appointments and Crown employment);
g
section 117 (disputes about accuracy of certificates);
h
section 118 (evidence of identity);
i
section 119 (sources of information);
j
section 120 (registered persons);
k
section 120ZA (regulations about registration);
l
section 122A (delegation of functions of Secretary of State);
m
section 123 (offences: falsification, &c);
n
section 124 (offences: disclosure);
o
section 124A (further offences: disclosure of information obtained in connection with delegated function);
p
section 125 (regulations);
q
section 126 (interpretation of Part 5);
r
section 127 (saving: disclosure of information and records).
Extension of the Safeguarding Vulnerable Groups Act 2006 to Jersey
4
1
The following provisions of the 2006 Act extend to Jersey subject to the modifications specified in Schedules 2 and 3.
2
The provisions are —
a
section 28 (independent monitor);
b
section 63 (amendments and repeals);
c
Schedule 9 (amendments), paragraph 14 (Police Act 1997 (c. 50) );
d
Schedule 10 (repeals), entry in relation to section 113E of the 1997 Act .
Extension of the Armed Forces Act 2006 to Jersey
5
1
The following provisions of the Armed Forces Act 2006 extend to Jersey.
2
The provisions are —
a
section 378(1) (minor and consequential amendments and repeals);
b
Schedule 16 (minor and consequential amendments), paragraph 149 (Police Act 1997 (c. 50) ).
Modifications that have effect for a limited period
6
1
Part 1 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the first transitional period.
2
The modification to section 119(1A) of the 1997 Act specified in paragraph 1 of Schedule 3 has effect instead of the modification specified in paragraph 8(a) of Schedule 1.
3
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
4
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
7
1
Part 2 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the second transitional period.
2
Those modifications have effect in addition to the modifications specified in paragraph 2 of Schedule 2.
8
1
Part 3 of Schedule 3 specifies modifications that have effect for the second transitional period.
2
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 4(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
3
The modifications to paragraph 14(4) of Schedule 9 specified in paragraph 4(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
Subordinate legislation made under extended provisions
9
Any order or regulations made by the Secretary of State under the provisions extended to Jersey by this Order shall not have effect in Jersey until the order or regulations, having been communicated to the Bailiff of Jersey for registration in the Royal Court, have been so registered; and they shall come into force on the day following registration or the day of coming into force specified in the order or regulations, whichever is the later.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 3) 2010 and come into force on 13th August 2010.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 13th August 2010;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 13th August 2010;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“ BATS MTF ” means a multilateral trading facility operated by BATS Trading Limited ;
“clearing participant” means a member of —
EMCF who as such is permitted by the Rules of EMCF,
EuroCCP who as such is permitted by the Rules of EuroCCP,
LCH.Clearnet who as such is permitted by the Rules of LCH.Clearnet, or
X-CLEAR who as such is permitted by the Rules of X-CLEAR,
to clear transactions made on the BATS MTF for a traded security and who may or may not also be a participant on the BATS MTF;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the BATS MTF;
“EMCF” means European Multilateral Clearing Facility N.V. ;
“EuroCCP” means European Central Counterparty Limited;
“LCH.Clearnet” means LCH.Clearnet Limited;
“X-CLEAR” means SIX X-CLEAR AG;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF, EuroCCP, LCH.Clearnet or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the BATS MTF, or as a nominee for a clearing participant;
“non-clearing firm” means a participant on the BATS MTF other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
BATS Trading Limited is prescribed as a recognised investment exchange;
b
EMCF is prescribed as a recognised clearing house;
c
EuroCCP is prescribed as a recognised clearing house;
d
LCH.Clearnet is prescribed as a recognised clearing house; and
e
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the BATS MTF, conditions A, B and C are met.
3
Condition A is that traded securities are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
d
a person other than a clearing participant to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
e
either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or their nominees, to a clearing participant or its nominee;
f
EMCF or its nominee to either EuroCCP, LCH.Clearnet or X-CLEAR or to their nominees;
g
EuroCCP or its nominee to either EMCF, LCH.Clearnet or X-CLEAR or to their nominees;
h
LCH.Clearnet or its nominee to either EMCF, EuroCCP or X-CLEAR or to their nominees; or
i
X-CLEAR or its nominee to either EMCF, EuroCCP or LCH.Clearnet or to their nominees.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph 3(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
Condition C is that traded securities which are the subject of a relevant agreement shall be dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.
6
In this regulation —
a
“designated account” means an account designated by EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, for a clearing participant, in connection with the traded securities concerned;
b
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 6) 2009
5
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 6) 2009 are revoked.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2010


text:
Citation
1
This Order may be cited as the Lords Office-holders Allowance Order 2010.
Amount of allowance
2
The amount of the allowance payable under section 5 of the Ministerial and other Pensions and Salaries Act 1991 is —
a
£30,305 for the period beginning with 14th October 2010 and ending on 31st July 2011;
b
£36,366 for the year beginning with 1st August 2011 and each subsequent year beginning with 1st August.
Revocation
3
The Lords Office-holders Allowance Order 1991 is revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010.
2
They come into force on 6th April 2010.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “employment officer”, after “10” insert “, except in regulations 25, 27 and 27A where it means a person who is an employment officer for the purposes of section 8”.
3
In regulation 25 (entitlement ceasing on a failure to comply) —
a
in paragraph (1), for “Subject to regulation 27, entitlement” substitute “Entitlement”;
b
for paragraph (1)(a), substitute —
a
if a claimant fails to attend on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;
;
c
in paragraph (1)(b)(i) —
i
for “notification under regulation 23 or 23A” substitute “relevant notification”;
ii
omit “(other than a notification requiring attendance under an employment programme or a training scheme)”;
iii
after “ceasing” insert “or the benefit not being payable for a period”;
d
in paragraph (1)(b)(ii), at the end insert “and”;
e
after paragraph (1)(b)(ii), add —
iii
that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to attend at the time specified;
;
f
in paragraph (1)(c) before “if” insert “subject to regulation 27,”;
g
after paragraph (1) insert —
1A
In this regulation and in regulations 27A, 28 and 30 —
“relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme;
“working day” means any day on which the appropriate office is not closed.
.
4
For regulation 27 (where entitlement is not to cease) substitute —
Where entitlement is not to cease under regulation 25(1)(c)
27
Entitlement to a jobseeker’s allowance is not to cease by virtue of regulation 25(1)(c) if, before the end of the period of five working days beginning with the first working day after the day on which a claimant (“C”) failed to provide a signed declaration in accordance with regulation 24(10), C makes contact with an employment officer in the manner set out in a notification under regulation 23 or 23A and shows that C had good cause for the failure.
Circumstances in which an allowance is not to be payable
27A
1
A jobseeker’s allowance is not to be payable for the period prescribed in regulation 27B if either the first or the second condition is satisfied.
2
The first condition is satisfied if a claimant (“C”) —
a
fails to attend on the day specified in a relevant notification;
b
makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend on the day specified; and
c
fails to show good cause for that failure to attend.
3
The second condition is satisfied if —
a
C attends on the day specified in a relevant notification, but fails to attend at the time specified in that notification;
b
the Secretary of State has informed C in writing that a failure to attend, on the next occasion on which C is required to attend, at the time specified in a relevant notification, may result in C’s entitlement to a jobseeker’s allowance ceasing or the benefit not being payable for a period;
c
C fails to attend at the time specified in a relevant notification on the next occasion;
d
C makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend at the time specified; and
e
C fails to show good cause for that failure to attend.
Prescribed period for the purposes of regulation 27A
27B
1
The period prescribed for the purposes of regulation 27A is —
a
one week on the first occasion on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A;
b
two weeks on the second and each subsequent occasion during the same jobseeking period on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A.
2
The period begins —
a
where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last week in respect of which that allowance was paid; and
b
in any other case, on the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable.
.
5
In regulation 28(1) (matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23 or 23A) —
a
for “27” substitute “27A”;
b
for “notification under regulation 23 or 23A” substitute “relevant notification”.
6
In regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A) —
a
for “27” substitute “27A”;
b
for “notification under regulation 23 or 23A” substitute “relevant notification”.
7
In regulation 47(4)(b)(ii) (jobseeking period) —
a
before “section 19”, insert “regulation 27A or”;
b
before “section 20A”, insert “regulation 27A or”.
8
In regulation 55(1)(a) (short periods of sickness) , after “jobseeker’s allowance” insert “, or is a person whose jobseeker’s allowance is not payable by virtue of regulation 27A,”.
9
In regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain) , after “joint-claim jobseeker’s allowance” insert “, or is a person whose jobseeker’s allowance is not payable by virtue of regulation 27A,”.
10
In regulation 65(5) (active seeking) , after the first mention of “person”, insert “whose jobseeker’s allowance is not payable by virtue of regulation 27A, or”.
11
In regulation 66(1) (the jobseeker’s agreement) —
a
before “section 19”, insert “regulation 27A,”;
b
before the first mention of “sections”, insert “section 8 or”.
12
In regulation 68 (reduced amount of allowance) —
a
in paragraph (1), after the second mention of “young person” insert “satisfies a condition referred to in regulation 27A or”;
b
in paragraph (2), after the third mention of “young person” insert “satisfies a condition referred to in regulation 27A or”.
13
In regulation 74B(1) (reduced allowance where one member of a joint-claim couple is subject to a sanction) , before “section 20A” insert “regulation 27A or”.
14
In regulation 140(1)(f)(i) (meaning of “person in hardship”) , before “section 19” insert “regulation 27A or”.
15
In regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), before “section 19” insert “regulation 27A or”.
16
In regulation 146A(1)(c)(i) (meaning of “couple in hardship”) , before “section 20A” insert “regulation 27A or”.
17
In regulation 146C(6) (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship) , before “section 20A(5)(a)” insert “regulation 27A or”.
18
In regulation 152(1)(c) (relevant week) , before “section 19” insert “regulation 27A or”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3(6) (revision of decisions) , before “section 19” insert “regulation 27A of the Jobseeker’s Allowance Regulations or”.
3
In regulation 6(2)(f) (supersession of decisions) , before “section 19(1)” insert “regulation 27A of the Jobseeker’s Allowance Regulations or”.
4
In regulation 7(8) (date from which a decision superseded under section 10 takes effect) , before sub-paragraph (a) insert —
za
where regulation 27A of the Jobseeker’s Allowance Regulations applies, as from the beginning of the period specified in regulation 27B of those Regulations;
.
Consequential amendments relating to sanctions
4
1
Paragraph (2) applies to the following provisions —
a
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations 2006 ;
b
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
c
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations 2006 ;
d
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
2
In each of the provisions to which this paragraph applies, before “section 19 or 20A” insert the words “regulation 27A of the Jobseeker’s Allowance Regulations or”.
3
In regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 , before “section 19 or 20A” insert “regulation 27A of the Jobseeker’s Allowance Regulations 1996 or”.
4
In regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975 —
a
in sub-paragraph (c), before “section 19” insert “regulation 27A of the Jobseeker’s Allowance Regulations 1996 or”;
b
in sub-paragraph (cc) before “section 20A” insert “regulation 27A of the Jobseeker’s Allowance Regulations 1996 or”.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State
Department for Work and Pensions
25th February 2010


text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 (Amendment) Order 2011 and comes into force on 28th February 2011.
PART 2
AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME 2006
Amendment of the Armed Forces Redundancy Scheme Order 2006
2
The Armed Forces Redundancy Scheme Order 2006 is amended as set out in this Part, and references to articles are references to articles of that Order.
Amendment of article 3 (interpretation)
3
In article 3(1) —
a
insert at the appropriate place —
“the Armed Forces Redundancy Scheme 1975” means the redundancy compensation arrangements that applied to members of the Armed Forces Pension Scheme 1975 prior to the 10th February 2010 as set out in —
Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;
the Army Pensions Warrant 1977 ; and
Orders and Regulations made under section 2(1) of the Air Force (Constitution) Act 1917 ;
; and
b
in the definition of “member”, for sub-paragraph (a) substitute —
a
does not include an active member of the Gurkha Pension Scheme ;
.
Amendment of article 4 (eligibility for redundancy payments)
4
1
For article 4(3) substitute —
3
Condition B is that the person —
a
has been notified by the Defence Council that they will be treated for the purpose of the Scheme as having become redundant; or
b
is an officer of at least the rank of Commodore, Brigadier or Air Commodore who has been notified by the Defence Council that they —
i
are directed to take early retirement; and
ii
will be eligible for compensation under the Scheme.
.
2
For article 4(5) substitute —
5
Condition D is that the person’s service is not terminated on medical grounds.
.
3
In article 4(6) for “the Secretary of State has” substitute “the Defence Council have”.
Amendment of article 10 (effect of award under article 5 on later award)
5
1
For the heading to article 10 substitute —
Effect of previous award on later award
.
2
For article 10(1)(a) substitute —
a
a payment is made to a person —
i
under article 5,
ii
under article 10 of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) ( No. 2) Order 2010 , or
iii
under the Armed Forces Redundancy Scheme 1975,
when that person ceases to be in service (“the old service”); and
.
PART 3
AMENDMENT OF THE ARMED FORCES REDUNDANCY ETC. SCHEMES 2010
Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) (Order) 2010
6
The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010 is amended as set out in this Part and references to articles are references to articles of that Order.
Amendment of article 2 (interpretation)
7
In article 2 —
a
omit the definition of “paternity leave”; and
b
insert at the appropriate places —
“additional paternity leave” means leave which, in the opinion of the Defence Council, corresponds to additional paternity leave within the meaning of the Additional Paternity Leave Regulations 2010 ;
;
“ordinary paternity leave” means leave which, in the opinion of the Defence Council, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;
;
“the Armed Forces Redundancy Scheme 1975” means the redundancy arrangements that applied to members of the Armed Forces Pension Scheme prior to 10th February 2010 as set out in —
Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865;
the Army Pensions Warrant 1977; and
Orders and Regulations made under section 2(1) of the Air Force (Constitution) Act 1917;
.
Amendment of article 4 (interpretation of Part 2)
8
In article 4 in the definition of “member” omit “a member of the Brigade of Gurkhas who is”.
Amendment of article 6 (redundancy reckonable service)
9
1
In article 6(2)(g) after “on” insert “ordinary paternity leave or on paid additional”.
2
For article 6(4) substitute —
4
This paragraph applies where the member —
a
is an active member of the AFPS 1975 on the day before the secondment commences;
b
resumes service in the armed forces at the end of the period of secondment and again becomes an active member of the AFPS 1975; and
c
is entitled to make a single lump sum payment calculated in accordance with the rules set out in the AFPS 1975 following a secondment to an organisation referred to in paragraph (3) to increase reckonable service.
.
Amendment of article 8 (commitment periods)
10
In article 8(1) omit sub-paragraph (c).
Amendment of article 9 (eligibility for redundancy payments)
11
1
In article 9(1) for “D” substitute “E”.
2
For article 9(4) substitute —
4
Condition C is that the person —
a
has been notified by the Defence Council that they will be treated for the purposes of the AFRS 2010 as having become redundant; or
b
is an officer holding at least the rank of Commodore, Brigadier or Air Commodore who has been notified by the Defence Council that they —
i
are directed to take early retirement; and
ii
will be eligible for compensation under AFRS 2010.
.
3
After article 9(5) insert —
5A
Condition E is that the person’s service is not terminated on medical grounds.
.
Amendment of article 12 (amount of payment under article 10: leavers with long service commitments and sufficient redundancy reckonable service)
12
1
For article 12(4) substitute —
4
Where L2 ceases service during the interim period, the amount to which L2 is entitled under article 10 is —
a
where P is 3 years or more, 9 months’ pay; and
b
where P is less than 3 years, 3 months’ pay multiplied by P.
.
2
For article 12(5) substitute —
5
Where L2 ceases service after the interim period, the amount to which L2 is entitled under article 10 is —
a
where P is 1 year or more, 3 months’ pay; and
b
where P is less than 1 year, 3 months’ pay multiplied by P.
.
3
In article 12(6) for “31st March 2013” substitute “31st December 2015”.
Amendment of article 13 (amount of payment under article 10: leavers with short service commitments)
13
1
Article 13 is renumbered as paragraph (1) of that article.
2
After paragraph (1) so renumbered insert —
2
In paragraph (1)(b)(i), each year that S would have served is to be calculated in accordance with article 7(2) to (4) as if references to redundancy reckonable service were references to uncompleted service.
.
Amendment of article 16 (effect of award under article 10 on later award)
14
1
For the heading to article 16 substitute —
Effect of previous award on later award
.
2
For article 16(1)(a) substitute —
a
a payment was made to a person under —
i
article 10 of this Order, or
ii
the Armed Forces Redundancy Scheme 1975,
when that person ceases to be in service (“the old service”); and
.
Amendment of article 21 (maternity, adoption and paternity leave)
15
In article 21(1) —
a
for sub-paragraph (a) substitute —
a
any period of paid ordinary maternity leave, paid ordinary paternity leave, paid additional paternity leave or paid ordinary adoption leave whether the pay is at the statutory minimum, reduced pay or full pay rate, will count as both qualifying and reckonable service;
; and
b
in sub-paragraph (b) after “additional maternity leave,” insert “ordinary paternity leave, additional paternity leave,”.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
2nd February 2011


text:
Citation and commencement
1
This Order may be cited as the Chief Inspector of Education, Children’s Services and Skills Order 2011 and comes into force on the day after the day on which it is made.
Appointment to the office of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
2
Sir Michael Wilshaw is appointed to the office of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills for a period of 5 years from 1st January 2012.
Revocation
3
The Education (Chief Inspector of Schools in England) Order 2006 is revoked .
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Joseph Priestley College, Leeds (Dissolution) Order 2011 and comes into force on 1st August 2011.
2
On 1st August 2011 the corporation is dissolved and all of its property, rights and liabilities are transferred to Leeds City College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act applies to any person employed by the corporation immediately before 1st August 2011 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2011;
c
to the transferor were to the corporation; and
d
to the corporation were to Leeds City College.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
Date 7th July 2011


text:
Citation, application and commencement
1
These Regulations, which apply in England only, may be cited as the Valuation Tribunal for England, Non-Domestic Rating and Council Tax (England) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.
Amendments to the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009
2
1
The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 are amended as follows.
2
For regulation 17(3)(a) (evidence and submissions) substitute —
a
supplied in pursuance of —
i
paragraph 5 of Schedule 9 to the 1988 Act,
ii
section 27(1) or (3) of the 1992 Act,
iii
regulations made under section 13 of, or Schedule 2 to, the 1992 Act, or
iv
regulation 24 of the NDR Regulations; and
.
3
For regulation 19 substitute —
Withdrawals and deemed withdrawals for council tax appeals
19
1
This regulation applies to CT appeals only.
2
A party may give notice of the withdrawal of its appeal, or any part of it —
a
at any time before a hearing to consider the disposal of the proceedings (or, if the VTE disposes of the proceedings without a hearing, before that disposal), by sending or delivering to the VTE a written notice of withdrawal; or
b
orally at a hearing.
3
Where a party gives notice of withdrawal at a hearing, the notice of withdrawal shall not take effect unless the VTE panel consents to the withdrawal.
4
A party which has withdrawn its appeal may apply to the VTE for the appeal to be reinstated.
5
An application under paragraph (4) must be made in writing and be received by the VTE within one month after —
a
the date on which the VTE received the notice under paragraph (2)(a); or
b
the date of the hearing at which the appeal was withdrawn orally under paragraph (2)(b).
6
An appeal in relation to which a notice has been served on the VTE under paragraph (3)(a) of regulation 13 of the CT Regulations (post-appeal agreements) shall be treated as withdrawn on the date on which the notice is served on the VTE.
7
Where, after an appeal has been made to the VTE under regulation 10 of the CT Regulations (disagreement as to proposed alteration), the LO alters the list in accordance with the proposal to which the appeal relates, the LO shall notify the VTE of that fact; and the appeal shall be treated as withdrawn on the date on which the notice is served on the VTE.
8
Where, following the initiation of an appeal against imposition of a CT penalty the billing authority decides to remit the penalty, the billing authority shall notify the VTE of that fact; and the appeal shall be treated as withdrawn on the date on which the notice is served on the VTE.
9
The VTE must notify each party in writing of a withdrawal under this regulation; and where a withdrawal has effect by virtue of any of paragraphs (6) to (8), the VTE shall serve on the appellant and on every other party to the appeal a written notice confirming that the appeal has been withdrawn and the date on which it is treated as withdrawn.
10
Where the VTE’s notice under paragraph (9) relates to the withdrawal of a CT appeal, or any part of it, the notice must specify the date by which a party (other than the withdrawing party) may serve notice on the VTE under regulation 22(1).
11
In paragraph (10) “withdrawing party” means a person who made an appeal under regulation 10 of the CT Regulations and serves a notice under paragraph (2) of this regulation.
.
4
After regulation 19, as substituted by paragraph (3), insert —
Withdrawals and deemed withdrawals for non-domestic rating appeals
19A
1
This regulation applies to NDR appeals only.
2
An appeal may be withdrawn —
a
at any time before a hearing to consider the disposal of the proceedings (or, if the VTE disposes of the proceedings without a hearing, before that disposal) where notice to that effect is given to the VTE by —
i
in the case of an appeal against a completion notice or an appeal under paragraph 5C of Schedule 9 to the 1988 Act (penalties), the appellant in writing; or
ii
in any other case, but subject to paragraph (3), the VO; or
b
subject to paragraph (4), orally at a hearing by the appellant.
3
Subject to paragraph (7), notice may not be given by a VO under paragraph (2)(a)(ii) unless every other party to the appeal has given written consent to the VO for the withdrawal of the appeal.
4
Where a party gives notice of withdrawal at a hearing, the notice of withdrawal shall not take effect unless the VTE panel consents to the withdrawal.
5
Where a party has withdrawn its appeal any party to the appeal may apply to the VTE for the appeal to be reinstated.
6
An application under paragraph (5) must be made in writing and be received by the VTE within one month after —
a
the date on which the party gave written consent to the VO for the withdrawal of the appeal under paragraph (3); or
b
the date of the hearing at which the appeal was withdrawn orally under paragraph (2)(b).
7
Where, after an appeal has been made to the VTE under regulation 13 of the NDR Regulations (disagreement as to proposed alteration), the VO alters the list in accordance with the proposal to which the appeal relates, the VO shall notify the VTE of that fact; and the appeal shall be treated as withdrawn on the date on which the notice is served on the VTE.
8
Where, following the initiation of an appeal against imposition of NDR penalty, the VO decides to remit the penalty, the VO shall notify the VTE of that fact; and the appeal shall be treated as withdrawn on the date on which the notice is served on the VTE.
9
The VTE must notify each party in writing of a withdrawal under paragraph (2)(a)(i) or (2)(b) of this regulation.
10
Where —
a
a further proposal is made under paragraph (6)(a) of regulation 8 of the NDR Regulations (disputes as to validity of proposals);
b
the proposal in respect of which the invalidity notice was served (“the original proposal”) is treated as withdrawn ; and
c
a disagreement as to the alteration which was the subject of the original proposal has been referred to the VTE under regulation 13 of the NDR Regulations (disagreement as to proposed alteration) as an appeal,
that appeal shall be treated as withdrawn.
.
5
In regulation 20 (interpretation of Part 3), for “19(1)” substitute “19(2)”.
6
In regulation 22(1) (CT appeals: new appellant’s appeal) —
a
for “19(9)” substitute “19(10)”; and
b
for “19(8)” substitute “19(9)”.
7
In regulation 38 (orders other than consent orders) —
a
in paragraph (5), for the word “members” substitute “Panel”; and
b
in paragraph (6), for the reference to “Paragraph (6)” substitute “Paragraph (5)”.
8
In paragraph (2) of regulation 41 (records of decisions, etc ) omit the words “, and shall contain the particulars specified in the Schedule to these Regulations”.
Amendments to the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009
3
1
The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 are amended as follows.
2
For paragraph (2)(e) of regulation 18 (relevant hereditaments) substitute —
e
regulation 14, except paragraphs (3) and (4) and (to the extent to which they relate to paragraphs (3) and (4)) paragraphs (2) and (7),
.
3
In regulation 25 (revocation, savings and transitional provision) —
a
in paragraph (5), before the words “The Non-Domestic Rating” insert “Subject to paragraph (6),”; and
b
after paragraph (5) insert —
6
With effect from the coming into force of the Valuation Tribunal for England, Non-Domestic Rating and Council Tax (England) (Amendment) Regulations 2011, paragraph (5) shall cease to have effect, to the extent to which it applies to regulation 13(8BA) of the 1993 Regulations.
.
Amendments to the Valuation Tribunal for England (Membership and Transitional Provisions) Regulations 2009
4
1
The Valuation Tribunal for England (Membership and Transitional Provisions) Regulations 2009 are amended in accordance with paragraph (2).
2
In paragraph (3) of regulation 5 (disqualification: general), omit the words “; but this is subject to paragraphs (4) and (5)”.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th February 2011