text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 and come into force on 1st June 2011.
PART 2 AMENDMENT OF THE NATIONAL HEALTH SERVICE (GENERAL DENTAL SERVICES CONTRACTS) REGULATIONS 2005
Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005
2
The National Health Service (General Dental Services Contracts) Regulations 2005 are amended in accordance with this Part.
Amendment of regulation 2
3
In regulation 2 (interpretation), after the definition of “bridge” insert —
“Capitation and Quality Scheme Agreement” means an agreement containing such terms and conditions relating to the provision of primary dental services as are required by, and which is made in accordance with, directions given by the Secretary of State under section 8 of the National Health Service Act 2006 ;
.
Amendment of regulation 17
4
In regulation 17 (units of dental activity), at the beginning of paragraphs (1) and (2), insert “Subject to regulation 24A,”.
Amendment of regulation 21
5
In regulation 21 (finance), at the beginning of paragraphs (1) and (3), insert “Subject to regulation 24A,”.
Amendment of regulation 24
6
In regulation 24 (other contractual terms), at the beginning of paragraph (1), insert “Subject to regulation 24A,”.
New regulation 24A
7
After regulation 24 (other contractual terms), insert —
Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement
24A
1
This regulation applies where the contractor and the Primary Care Trust elect to enter into a Capitation and Quality Scheme Agreement.
2
Where paragraph (1) applies, the terms of the contract which have the same effect as the provisions specified in paragraph (3) must be varied in accordance with paragraphs (4) and (5) with effect from the start of the day on which the Capitation and Quality Scheme Agreement commences and for the period ending at the end of the day which is the date of the termination of the Capitation and Quality Scheme Agreement, which must be no later than 31st March 2013.
3
The provisions specified in this paragraph are —
a
regulation 17(units of dental activity);
b
regulation 21(finance); and
c
in Schedule 3 —
i
paragraph 32(2)(patient records), which is a contractor’s discretion to keep patient records in electronic form,
ii
paragraph 58 (mid-year reviews), in so far as it relates to units of dental activity,
iii
paragraph 59 (action the Primary Care Trust can take following a mid-year review), in so far as it relates to units of dental activity, and
iv
paragraph 61(1)(a) and (3)(a) (variation of a contract: activity under the contract), which relate to units of dental activity.
4
The contract must include terms that have the effect of temporarily releasing the contractor and the Primary Care Trust from all of the obligations, conditions, payments, rights and liabilities relating to those terms (and only those terms) which have the same effect as the provisions specified in paragraph (3), including any right to enforce those terms.
5
The contract must also include terms to have the effect of providing that immediately after the date of the termination of the Capitation and Quality Scheme Agreement —
a
the terms of the contract that subsisted between the parties immediately before the Capitation and Quality Scheme Agreement commenced and from which the parties were temporarily released in accordance with paragraph (4) must apply from the day after the date of termination; and
b
all obligations, conditions, payments, rights and liabilities relating to those terms are to be enforceable from that day.
.
Amendments to Schedule 3
8
1
Schedule 3 (other contractual terms) is amended as follows.
2
In paragraph 1 (persons to whom mandatory services or additional services are to be provided), for sub-paragraph (4)(a) substitute —
a
a person’s age, sex (reassigned or otherwise), religion or belief, sexual orientation, race, cultural and linguistic background, any disability they may have, or medical or dental condition; or
.
3
In paragraph 65 (termination on the death of an individual dental practitioner), in sub-paragraph (1) —
a
at each place “seven days” occurs, substitute “28 days”; and
b
in paragraph (a), substitute “not exceeding three months” with “not exceeding 6 months”.
PART 3 AMENDMENT OF THE NATIONAL HEALTH SERVICE (PERSONAL DENTAL SERVICES AGREEMENTS) REGULATIONS 2005
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005
9
The National Health Service (Personal Dental Services Agreements) Regulations 2005 are amended in accordance with this Part.
Amendment of regulation 2
10
In regulation 2 (interpretation), after the definition of “bridge” insert —
“Capitation and Quality Scheme Agreement” means an agreement containing such terms and conditions relating to the provision of primary dental services as are required by, and which is made in accordance with, directions given by the Secretary of State under section 8 of the National Health Service Act 2006;
.
Amendment of regulation 13
11
In regulation 13 (units of dental activity), at the beginning of paragraphs (1) and (2), insert “Subject to regulation 20A,”.
Amendment of regulation 17
12
In regulation 17 (finance), at the beginning of paragraphs (1) and (3), insert “Subject to regulation 20A,”.
Amendment of regulation 20
13
In regulation 20 (other contractual terms), at the beginning of paragraph (1), insert “Subject to regulation 20A,”.
New regulation 20A
14
After regulation 20 (other contractual terms), insert —
Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement
20A
1
This regulation applies where the contractor and the Primary Care Trust elect to enter into a Capitation and Quality Scheme Agreement.
2
Where paragraph (1) applies, the terms of the agreement which have the same effect as the provisions specified in paragraph (3) must be varied in accordance with paragraphs (4) and (5) with effect from the start of the day on which the Capitation and Quality Scheme Agreement commences and for the period ending at the end of the day which is the date of the termination of the Capitation and Quality Scheme Agreement, which must be no later than 31st March 2013.
3
The provisions specified in this paragraph are —
a
regulation 13 (units of dental activity);
b
regulation 17 (finance); and
c
in Schedule 3 —
i
paragraph 33(2) (patient records), which is a contractor’s discretion to keep patient records in electronic form,
ii
paragraph 58 (mid-year reviews), in so far as it relates to units of dental activity,
iii
paragraph 59 (action the Relevant Body can take following a mid-year review), in so far as it relates to units of dental activity, and
iv
paragraph 61(1)(a) and (3)(a) (variation of an agreement: activity under the agreement), which relate to units of dental activity.
4
The agreement must include terms that have the effect of temporarily releasing the contractor and the Primary Care Trust from all of the obligations, conditions, payments, rights and liabilities relating to those terms (and only those terms) which have the same effect as the provisions specified in paragraph (3), including any right to enforce those terms.
5
The agreement must also include terms to have the effect of providing that immediately after the date of the termination of the Capitation and Quality Scheme Agreement —
a
the terms of the agreement that subsisted between the parties immediately before the Capitation and Quality Scheme Agreement commenced and from which the parties were temporarily released in accordance with paragraph (4) must apply from the day after the date of termination; and
b
all obligations, conditions, payments, rights and liabilities relating to those terms are to be enforceable from that day.
.
Amendments to Schedule 3
15
1
Schedule 3 (other contractual terms) is amended as follows.
2
In paragraph 1 (persons to whom mandatory or additional services are to be provided), for sub-paragraph (4)(a) substitute —
a
a person’s age, sex (reassigned or otherwise), religion or belief, sexual orientation, race, cultural and linguistic background, any disability they may have, or medical or dental condition; or
.
3
In paragraph 63 (termination on the death of an individual), in sub-paragraph (1) —
a
at each place “seven days” occurs, substitute “28 days”; and
b
in paragraph (a), substitute “not exceeding three months” with “not exceeding 6 months”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
27th April 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Overseas Territories (Change of Name) (No. 10) Order 2011 and shall come into force on 14th January 2012.
Amendment of certain instruments
2
1
Article 1 of the Copyright (St Helena) Order 1963 is amended by substituting for the words “St Helena and its Dependencies” the words “St Helena, Ascension and Tristan da Cunha”.
2
Article 2 of the Design Right (Reciprocal Protection) (No. 2) Order 1989 is amended by substituting for the words “St Helena and Dependencies” the words “St Helena, Ascension and Tristan da Cunha”.
3
The Schedule to the Copyright (Taiwan) (Extension to Territories) Order 1987 is amended by substituting for the words “St Helena” and “St Helena Dependencies (Ascension and Tristan da Cunha)” the words “St Helena, Ascension and Tristan da Cunha”.
4
Schedule 2 to the Recognition of Trusts Act 1987 (Overseas Territories) Order 1989 is amended by substituting for the words “St Helena and Dependencies” the words “St Helena, Ascension and Tristan da Cunha”.
5
Schedule 2 to the Suppression of Terrorism Act 1978 (Overseas Territories) Order 1986 is amended —
a
by substituting for the words “St Helena” and “St Helena Dependencies” the words “St Helena, Ascension and Tristan da Cunha”; and
b
by deleting the words “Falkland Islands Dependencies” and inserting in the list of territories, in the appropriate alphabetical position, “South Georgia and the South Sandwich Islands”.
Ceri King
Deputy Clerk of the Privy Council


text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2011, apply in relation to England only and come into force on 17th March 2011.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended (in so far as they apply in relation to England) in accordance with paragraph (2).
2
In regulation 50 (transitional provision), for paragraph (15) substitute the following —
15
In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that —
a
i
in the case of wine in which lysozyme (produced from egg) is used, or in which albumin (produced from egg) or a milk (casein) product has been used as a fining agent, the food concerned was sold before 30th June 2012 or marked or labelled before that date, or
ii
in the case of any other food, the food concerned was sold before 31st May 2009 or marked or labelled before that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Declaration of Allergens) (England) Regulations 2011 had not been in operation when the food was sold.
.
Revocation
3
The Food Labelling (Declaration of Allergens) (England) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
11th February 2011


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment No. 2) Order 2011 and comes into force on 31st March 2012.
Amendment of the Financial Services and Markets 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In Part 2 of the Schedule to the Order (persons exempt in respect of accepting deposits), paragraph 24A is revoked.
Review
3
1
Before the end of each review period, the Treasury must —
a
carry out a review of the effect of article 2(2),
b
set out the conclusions of the review in a report, and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by article 2(2),
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
3
“Review period” means —
a
the period of five years beginning with 31st March 2012, and
b
subject to paragraph (4), each successive period of five years.
4
If a report under this article is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2011


text:
Citation and commencement
1
This Order may be cited as the Income Tax (Earnings and Pensions) Act 2003 (Section 684(3A)) Order 2011 and comes into force on 20th July 2011.
Increase of limit in section 684(3A) of the Income Tax (Earnings and Pensions) Act 2003
2
1
The amount specified in section 684(3A) of the Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
2
For “£2,000” substitute “£3,000”.
Brooks Newmark
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011.
2
These Regulations come into force 21 days after the day on which they are made.
3
In these Regulations “the 2000 Act” means the Regulation of Investigatory Powers Act 2000 .
Monetary penalty notices for certain unlawful interceptions of communications
2
1
After section 1(1) of the 2000 Act (unlawful interception of communications) insert —
1A
The Interception of Communications Commissioner may serve a monetary penalty notice on a person if the Commissioner —
a
considers that the person —
i
has without lawful authority intercepted, at any place in the United Kingdom, any communication in the course of its transmission by means of a public telecommunication system, and
ii
was not, at the time of the interception, making an attempt to act in accordance with an interception warrant which might, in the opinion of the Commissioner, explain the interception concerned, and
b
does not consider that the person has committed an offence under subsection (1).
1B
Schedule A1 (which makes further provision about monetary penalty notices) has effect.
2
In section 71(2) of the 2000 Act (issue and revision by the Secretary of State of codes of practice) after “subordinate legislation” insert “and subject to subsection (10)”.
3
After section 71(9) of the 2000 Act insert —
10
A code of practice under this section may not relate to any matter which is to be dealt with by guidance of the Interception of Communications Commissioner by virtue of paragraph 7 of Schedule A1.
4
Before Schedule 1 to the 2000 Act insert the Schedule set out in the Schedule to these Regulations.
Consent requirement for lawful interception of communications
3
In section 3(1) of the 2000 Act (lawful interception without an interception warrant where actual or believed consent) the words “, or which that person has reasonable grounds for believing,” are repealed.
James Brokenshire
Parliamentary Under Secretary of State
Home Office
26th May 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Community Health Services National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Lincolnshire Community Health Services National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation and commencement
1
This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No.2) Order 2011 and comes into force on 1st August 2011.
Amendments
2
1
The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 (“the 2010 Order ”) is amended by articles 3, 4 and 5.
2
In the following provisions of this Order, a reference to an article is to that article of the 2010 Order.
Amendment of article 5A
3
1
Article 5A (accreditation of hydro generating stations with a capacity of 50 kilowatts or less) is amended as follows.
2
In paragraph (2)(a), for “1st October 2011” substitute “31st March 2012”.
Amendment of article 10
4
1
Article 10 (tariff codes) is amended as follows.
2
Re-number the existing provision as paragraph (1).
3
After paragraph (1) insert —
2
Paragraph (3) applies in relation to an accredited FIT installation (“the relevant installation”) if the FIT payment rate table specifies that two or more different FIT payment rates apply in different circumstances to accredited FIT installations of the same description, and with an eligibility date falling in the same FIT year, as the relevant installation.
3
Where this paragraph applies, the Authority must assign to the relevant installation a tariff code which, in addition to the matters mentioned in paragraph (1), identifies which FIT payment rate applies to it.
.
Amendment of article 13
5
1
Article 13 (calculating and publishing FIT payment rates) is amended as follows.
2
Omit “the FIT payment rate table applicable for that FIT year”.
3
At the end, insert “the FIT payment rate table which is to apply for that FIT year (subject to the Secretary of State substituting a new FIT payment rate table in Schedule A to Standard Licence Condition 33)”.
Greg Barker
Minister of State
Department of Energy and Climate Change
6th July 2011


text:
Citation
1
This Order may be cited as the Crime and Security Act 2010 (Commencement No.3) Order 2011.
Commencement
2
The day appointed for the coming into force of the following provisions in the Crime and Security Act 2010 is 7th March 2011 —
a
section 1 (records of searches);
b
sections 2 to 5 (taking of fingerprints and samples: England and Wales);
c
section 6(1) (power to require attendance at a police station);
d
section 6(2), insofar as it inserts Schedule 2A, other than paragraphs 4 and 12, into the Police and Criminal Evidence Act 1984 ;
e
section 6(3) and (4); and
f
section 7 (definition of “qualifying offence”).
Nick Herbert
Minister of State
Home Office
14th February 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Ivory Coast (Asset-Freezing) Regulations 2011 and shall come into force on 7th April 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EC) No. 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte D’Ivoire, and a reference to Annex I or IA to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex I or IA to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable grounds to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 2011


text:
Citation
1
This order may be cited as the European Union Act 2011 (Commencement No. 2) Order 2011.
Commencement
2
The European Union Act 2011 comes into force on 19th September 2011 to the extent that it is not already in force.
William Hague
Secretary of State for
Foreign and Commonwealth Affairs
4th August 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2011 and shall come into force on 6th December 2011.
2
Regulation 3 does not apply in relation to an amount which counts as employment income by virtue of Chapter 2 of Part 7A of the Income Tax (Earnings and Pensions) Act 2003 if that Chapter applies because of paragraph 53 or paragraph 54 of Schedule 2 to the Finance Act 2011 .
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
Amounts to be treated as earnings
3
After regulation 22A insert the following —
Amounts to be treated as earnings: Part 7A of ITEPA 2003
22B
1
For the purposes of section 3 of the Act (earnings), the amount specified in paragraph (2) shall be treated as remuneration derived from an employed earner’s employment.
2
The amount is the amount which counts as employment income of the employed earner by virtue of Chapter 2 of Part 7A of ITEPA 2003 .
3
Paragraph (2) does not apply if the relevant step which gives rise to the amount which counts as employment income by virtue of Chapter 2 of Part 7A of ITEPA 2003 would otherwise give rise to earnings for the purposes of the Act.
4
In paragraph (3) “relevant step” means a relevant step for the purposes of Part 7A of ITEPA 2003.
.
Payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions
4
In Part 5 of Schedule 3 (certain non-cash vouchers to be disregarded as payments in kind), in paragraph 7 —
a
for sub-paragraph (1) substitute —
1
A qualifying childcare voucher, where an employee joined a scheme —
a
before 6th April 2011;
b
before 6th April 2011 but ceased to be employed by the employer and was subsequently re-employed by the employer and re-joined the scheme before 6th April 2011; or
c
before 6th April 2011 and there was a continuous period of 52 weeks ending before 6th April 2011 throughout which vouchers were not being provided for the employee under the scheme,
subject to the qualifications in sub-paragraphs (2) and (5).
; and
b
omit sub-paragraph (1A).
5
In Part 5 of Schedule 3, in paragraph 7A —
a
for sub-paragraph (1) and the heading substitute —
Qualifying childcare vouchers for employees who joined a scheme on or after 6th April 2011, or before 6th April 2011 where there has been a break in employment or a 52 week break in receiving vouchers recommencing on or after 6th April 2011
7A
1
A qualifying childcare voucher, where an employee joined a scheme —
a
on or after 6th April 2011;
b
before 6th April 2011 but ceased to be employed by the employer and was subsequently re-employed by the employer and re-joined the scheme on or after 6th April 2011; or
c
before 6th April 2011 and there was a continuous period of 52 weeks ending on or after 6th April 2011 throughout which vouchers were not being provided for the employee under the scheme,
subject to the qualifications in sub-paragraphs (3) and (6).
;
b
in sub-paragraph (15) —
i
in paragraph (a) omit “and”, and
ii
for paragraph (b) substitute —
b
guaranteed contractual bonuses;
c
contractual commission;
d
guaranteed overtime payments;
e
location or cost of living allowances;
f
shift allowances;
g
skills allowances;
h
retention and recruitment allowances; and
i
market rate supplements.
; and
c
in sub-paragraph (16) —
i
before paragraph (a) insert —
za
contributions under a pension scheme if the employee has authorised the employer to make the deductions from relevant payments (as defined by regulation 4 of the PAYE Regulations ) for which relief at source is given under section 192(1) of the Finance Act 2004 (relief at source);
;
ii
in paragraph (a) omit “registered” and after “tax year” add “in accordance with the PAYE Regulations” ;
iii
in paragraph (b) after “tax year” add “in accordance with the PAYE Regulations”;
iv
in paragraph (c) after “with” insert “the”; and
v
for paragraph (e) substitute —
e
amounts equivalent to the amount of the personal allowance under section 35(1) of the Income Tax Act 2007 , and in addition if applicable, the amount of the blind person’s allowance under section 38 of that Act.
.
6
In Part 6 of Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions: pensions and pension contributions) —
a
in the heading which appears before paragraph 7, after “to” insert “and benefits from”;
b
in paragraph 7(1) after “by virtue of” insert “any of the following provisions, and any benefit referable to that payment”; and
c
in paragraph 10 —
i
in sub-paragraph (4)(a), for “section 164(a)” substitute “section 164(1)(a)”;
ii
in sub-paragraph (4)(b), for “section 164(b)” substitute “section 164(1)(b)”;
iii
in sub-paragraph (4)(c), for “section 164(e)” substitute “section 164(1)(e)”;
iv
in sub-paragraph (4)(d), for “section 164(f)” substitute “section 164(1)(f)”;
v
omit sub-paragraph (5)(a)(iii); and
vi
in sub-paragraph (6)(d), for “sub-paragraph (2)” substitute “sub-paragraphs (2) and (3)”.
7
In Part 10 of Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions: miscellaneous and supplemental) insert the following after paragraph 2 —
Payments connected to amounts within regulation 22B
2A
1
A payment (“A”) the subject of which represents, or arises or derives (whether wholly or partly or directly or indirectly) from, an amount (“B”) treated as remuneration under regulation 22B which has previously been included in an employed earner’s earnings for the purposes of assessing earnings-related contributions.
2
Paragraph (1) does not apply to the extent that A exceeds B.
3
For the purposes of determining whether paragraph (1) applies, A is to be treated as including the value of any payment made before A which represents, or arises or derives (whether wholly or partly or directly or indirectly) from, B.
.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners for Her Majesty’s Treasury
10th November 2011
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
9th November 2011
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 4th November 2011
Anne McCleary
Senior Officer of the Department for Social Development


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011 and shall come into force on 28th March 2011.
2
In these Regulations: —
“the ESA Regulations ” means the Employment and Support Allowance Regulations 2008 ;
“the Reassessment Regulations ” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 .
Application
2
1
These Regulations apply to: —
a
a person who makes a claim for an employment and support allowance on or after 28 March 2011 (including a claim in respect of any period before that date);
b
subject to paragraphs (2) and (3), a person who made a claim for an employment and support allowance before 28 March 2011 in respect of whom a determination is made on or after that date as to whether that person has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations or as to whether that person has or is to be treated as having limited capability for work-related activity under Part 6 of those Regulations;
c
subject to paragraphs (2) and (3), a person who is entitled to an employment and support allowance immediately before 28 March 2011 in respect of whom, on or after that date–
i
the Secretary of State determines afresh under regulation 19(7) of the ESA Regulations whether the person has or is to be treated as having limited capability for work;
ii
the Secretary of State determines afresh under regulation 34(4) of the ESA Regulations whether the person has or is to be treated as having limited capability for work-related activity; and
d
subject to paragraphs (2) and (3), a notified person as defined by regulation 4 of the Reassessment Regulations in respect of whom a determination is made on or after 28 March 2011 as to whether that person has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations or as to whether that person has or is to be treated as having limited capability for work-related activity under Part 6 of the ESA Regulations.
2
Where, before 28 March 2011, a questionnaire relating to the previous version of Schedule 2 to the ESA Regulations was issued to a person in accordance with regulation 21(1)(b) of those Regulations (information required for determining capability for work), regulation 4(1) does not apply to that person for the purposes of making a determination as to limited capability for work under Part 5 of the ESA Regulations;
3
Where, before 28 March 2011, a questionnaire relating to the previous version of Schedule 3 to the ESA Regulations was issued to a person in accordance with regulation 36(1)(a) of those Regulations (information required for determining capability for work-related activity) regulation 4(2) does not apply to that person for the purposes of making a determination as to limited capability for work-related activity under Part 6 of the ESA Regulations.
4
In this regulation “the previous version of Schedule 2 to the ESA Regulations” and “the previous version of Schedule 3 to the ESA Regulations” mean those Schedules as they have effect immediately before the date on which these Regulations come into force.
5
The provisions of paragraphs (2) to (4) do not apply to any determination made on or after 28 September 2011.
Amendment of the ESA Regulations
3
1
The ESA Regulations are amended as follows.
2
In regulation 20 (certain claimants to be treated as having limited capability for work): —
a
at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”; and
b
after paragraph (f) insert: —
g
any of the descriptors at paragraph 15 or 16 of Schedule 3 apply to the claimant.
.
3
In regulation 25 (hospital in-patients), after paragraph (1) insert: —
1A
The circumstances in which a claimant is to be regarded as undergoing treatment falling within paragraph (1) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol addiction.
.
4
In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity) at the end of sub-paragraph (b)(i), after “chemotherapy”, insert “, or is likely to receive such treatment within 6 months after the date of the determination under this sub-paragraph”.
Substitution of Schedules 2 and 3 to the ESA Regulations
4
1
For the provisions in Schedule 2 to the ESA Regulations (assessment of whether a claimant has limited capability for work) substitute the provisions in Schedule 1.
2
For the provisions in Schedule 3 to the ESA Regulations (assessment of whether a claimant has limited capability for work-related activity) substitute the provisions in Schedule 2.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department for Work and Pensions
8th February 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011 and come into force on 1st December 2011.
2
These Regulations apply in relation to the carrying out of research in England.
Amendment of the Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006
2
1
The Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 are amended as follows.
2
In regulation 2 (appropriate bodies), in paragraph (b), after “Secretary of State” insert “in exercise of the powers in section 2 of the National Health Service Act 2006 .”.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
3rd November 2011


text:
Citation and Commencement
1
These Regulations may be cited as the Calibration of Tanks of Vessels (EEC Requirements) (Revocation) Regulations 2011 and shall come into force on 1st July 2011.
Revocations
2
The following Regulations are revoked —
a
the Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975 (“the 1975 Regulations ”);
b
regulation 2 of the EEC Requirements (Amendment) Regulations 1985; and
c
regulation 3 of the Measuring Instruments (EEC Requirements) (Amendment) Regulations 1988.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
6th June 2011


text:
Title and commencement
1
This Order is called the Civil Enforcement of Parking Contraventions (County Borough of Merthyr Tydfil) Designation Order 2011 and comes into force on 11 January 2012.
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.
Carl Sargeant
Minister for Local Government and Communities, one of the Welsh Ministers
29 November 2011


text:
PART 1 Preliminary
Citation, commencement and extent
1
1
These Regulations may be cited as the Airport Charges Regulations 2011 and they come into force on 10th November 2011.
2
A provision of these Regulations which amends, applies or otherwise modifies an enactment or subordinate legislation has the same extent as that enactment or subordinate legislation.
Duty to review
2
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of the provisions of these Regulations other than the provisions inserted by Parts 7 and 8 of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Airport Charges Directive (which is implemented by means of these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations,
b
assess the extent to which those objectives have been achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with 10th November 2011, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Interpretation
3
1
In these Regulations —
“the 1986 Act ” means the Airports Act 1986 ;
“the 1994 Order ” means the Airports (Northern Ireland) Order 1994 ;
“airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 ;
“airport charges” means, in relation to an airport, charges levied on operators of aircraft in connection with the landing, parking or taking off of aircraft at the airport (including charges that are to any extent determined by reference to the number of passengers on board the aircraft) but excluding excepted charges (see paragraph (2));
“the Airport Charges Directive” means Directive 2009/12/ EC of the European Parliament and of the Council of 11th March 2009 on airport charges ;
“airport operator” means the person for the time being having the management of an airport or, in relation to a particular airport, the management of that airport;
“airport user” means, in relation to any airport, a person responsible for the carriage of passengers, mail or freight by air to or from the airport;
“the CAA ” means the Civil Aviation Authority;
“ Eurostat ” means the statistical office of the European Union;
“operator”, in relation to an aircraft, means the person for the time being having management of the aircraft;
“a passenger movement” has the same meaning as in the Airport Charges Directive;
“regulated airport” has the meaning given in regulation 4;
“regulated airport operator” means a person for the time being having the management of a regulated airport or, in relation to a particular regulated airport, the management of that airport;
“year” means a calendar year.
2
For the purposes of the definition of “airport charges”, excepted charges are —
a
penalties payable by virtue of section 38C of the Civil Aviation Act 1982 (breach of noise control scheme);
b
penalties payable by virtue of section 78A of the Civil Aviation Act 1982 (penalty schemes established by managers of aerodromes);
c
charges payable for services provided for airport users as described in the Annex to Council Directive 96/67/EC of 15th October 1996 on access to the groundhandling market at Community airports ;
d
charges payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services);
e
charges referred to in Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility ; and
f
charges for en route and terminal air navigation services determined in accordance with Chapter III of Commission Regulation (EC) No. 1794/2006 of 6th December 2006 laying down a common charging scheme for air navigation services , as amended by Commission Regulation ( EU ) No. 1191/2010 of 16th December 2010 .
PART 2 Regulated airports
Regulated airports
4
1
An airport is a regulated airport during a year if more than five million passenger movements took place at the airport in the year but one preceding that year.
2
The fact that an airport ceases to be a regulated airport does not affect any rights or liabilities accruing by virtue of these Regulations before the airport ceased to be such an airport.
Reporting
5
1
An airport operator in relation to an airport must inform the CAA in writing of the number of passenger movements at the airport during a year if —
a
the airport was a regulated airport during that year, or
b
the CAA has given notice that this regulation applies in relation to that airport and that year.
2
Notice under paragraph (1)(b) in relation to an airport must be given to the person who is for the time being the airport operator in relation to the airport.
3
The CAA may not give notice under paragraph (1)(b) —
a
in relation to 2010, after 30th November 2011, or
b
in relation to any other year, after 30th November in that year.
4
The CAA may not give a notice under paragraph (1)(b) in relation to an airport and a year unless it considers that, during at least one of the three years following that year, more than five million passenger movements may take place at that airport.
5
Subject to paragraph (6), the airport operator must comply with paragraph (1) before 1st February in the following year.
6
Where notice has been given in relation to 2010, the airport operator must comply with paragraph (1) before 31st December 2011.
7
Subsections (3) and (4) of section 73 of the 1986 Act (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under subsection (1) of that section.
8
Paragraphs (3) and (4) of Article 48 of the 1994 Order (offences of failing to furnish information and furnishing false information) have effect in relation to a requirement under paragraph (1) as if it were a requirement of a notice under paragraph (1) of that Article.
Publication
6
1
The CAA must by 31st January 2012 or as soon after as practicable publish a list of the airports which it considers are regulated airports in 2012.
2
The CAA must by 1st March of each year or as soon after as practicable publish a list of the airports which it considers will be regulated airports the following year.
3
The CAA may amend and re-publish any list published in accordance with this Regulation.
4
Where there is an apparent inconsistency between information provided under regulation 5 and the most recent relevant figures produced by Eurostat, the CAA must consider whether it requires additional information from an airport operator in order to produce or amend any such list.
PART 3 Consultation about airport charges and services
Advance information from airport users
7
1
A regulated airport operator must give a notice to all airport users in relation to the regulated airport it manages each year in accordance with this regulation.
2
A notice must require the airport user to provide the following information to the regulated airport operator within a period specified in the notice of not less than 30 days beginning with the day on which the airport user receives the notice —
a
forecasts as regards its traffic at the airport,
b
forecasts as to the composition and envisaged use of its fleet at the airport,
c
its development projects at the airport, and
d
its requirements at the airport.
3
A notice must invite the airport user to make representations or provide any other information to the regulated airport operator as to the system or level of airport charges and the associated quality of service.
4
On receipt of a notice under paragraph (1) an airport user must provide to the regulated airport operator the information required under paragraph (2) in so far as is relevant to it.
Annual consultations
8
1
A regulated airport operator must supply to all airport users in relation to the regulated airport it manages —
a
details of its intended future airport charges,
b
details of the associated quality of service it intends to provide, and
c
information on the components serving as a basis for determining the system or level of all charges proposed, including the matters set out in paragraph (2).
2
The matters are —
a
a list of the various services and infrastructure provided in return for the airport charges levied,
b
the methodology used for setting airport charges,
c
the overall cost structure of the airport with regard to the facilities and services to which airport charges relate,
d
details of the revenue from the different components of airport charges and the total costs of the associated services or facilities,
e
any financing provided by a public authority in connection with the facilities and services to which airport charges relate,
f
forecasts for the charges, traffic growth and proposed investments at the airport,
g
the details of the actual use of the airport infrastructure and equipment over at least the previous 12 months, and
h
the predicted outcome of any major proposed investments in terms of their effect on airport capacity.
3
A regulated airport operator must fulfil its obligation under paragraph (1) once a year within three months of giving notices to airport users in accordance with regulation 7.
4
After supplying information in accordance with paragraph (1) the regulated airport operator must, in so far as practicable, hold consultations with the airport users on its intended future airport charges and the associated quality of service.
Proposals to change airport charges
9
1
If a regulated airport operator intends to change the system or level of airport charges or the quality of service associated with an airport charge at an airport that it manages it must give a notice in accordance with this regulation at least four months before the change has effect.
2
The obligation to give a notice no later than four months before making a change does not arise where there are exceptional circumstances making this not practicable and in such circumstances paragraph (3) applies.
3
Where this paragraph applies the regulated airport operator must —
a
explain the exceptional circumstances to the airport users and the CAA, and
b
give a notice in accordance with this regulation as soon as practicable and before the intended changes are made.
4
A notice under this regulation must be given to each person who is an airport user in relation to the airport.
5
The notice must —
a
identify the time from which the change is intended to have effect, and
b
provide information on the components serving as a basis for determining the system or level of airport charges for which a change (including a change to the quality of the associated service) is proposed, including the matters set out in regulation 8(2)(a) and (b).
6
After giving notices under this regulation the regulated airport operator must, in so far as practicable, hold consultations with the airport users on its intended changes.
7
The obligations in this regulation may be satisfied as part of or in conjunction with the satisfaction of obligations under regulation 8.
Agreements not to require consultation etc.
10
The obligations under regulations 7 and 8 do not arise in relation to a particular year if in the preceding year this was agreed by the regulated airport operator and all airport users in relation to the airport.
Multi-annual agreements
11
1
This regulation applies where the system or level of one or more airport charges (and the associated quality of service) in relation to a regulated airport is determined for more than 12 months by or in accordance with an agreement between the regulated airport operator and all the airport users in relation to that airport (“a multi-annual agreement”).
2
Subject to paragraph (3), where this regulation applies the obligations which would otherwise arise under this Part do not arise in respect of the system or level of an airport charge (and the associated quality of service) for as long as they are determined by the multi-annual agreement.
3
The Secretary of State may direct any regulated airport operator in Great Britain and the Department for Regional Development may direct any regulated airport operator in Northern Ireland to consult in respect of the system or level of airport charges (or the associated quality of service) at the relevant airport where they are the subject of a multi-annual agreement.
4
Directions under paragraph (3) may include directions as to the matters to be consulted on and the procedures to be followed.
5
A regulated airport operator must consult in accordance with any direction given to it under this regulation.
Service level agreements
12
1
The obligations under regulations 7 and 8 do not arise in respect of an airport user where paragraph (2) applies in the context of negotiations conducted with a view to the conclusion of a service level agreement.
2
This paragraph applies where a regulated airport operator and an airport user provide information of equivalent detail, and consult each other to an equivalent degree, as they otherwise would have done in accordance with regulations 7 and 8.
3
For the purposes of paragraph (1), a “service level agreement” is an agreement determining the quality of service to be provided by an airport operator which takes into account the actual system or level of airport charges and the quality of service to which airport users are entitled in return for airport charges.
PART 4 Setting airport charges and providing differentiated services
Setting of charges
13
1
Before deciding to continue or change the system or level of airport charges or the associated quality of services at an airport that it manages, a regulated airport operator must have regard to any representations (including objections) made by airport users consulted under regulations 7 to 9 or in circumstances in which regulation 12(2) applies.
2
A regulated airport operator must publish details of any change to the system or level of airport charges or to the associated quality of services provided at an airport that it manages —
a
if practicable, before the beginning of the period of two months ending with the day on which the change takes effect, and
b
if not, as soon as practicable after the beginning of that period.
3
Where any airport user gives notice to the relevant regulated airport operator that it objects to any changes proposed, the operator must provide to that person any reasons it has for disagreeing with views on those changes expressed by way of objection in that notice.
Basis for setting airport charges
14
1
Airport charges set by a regulated airport operator must not discriminate between airport users.
2
Paragraph (1) does not prevent a regulated airport operator from varying airport charges for reasons relating to the public and general interest, including for reasons relating to the environment, where the criteria used for varying the charges are relevant, objective and transparent.
3
Subject to paragraph (1), a regulated airport operator may set airport charges that differentiate between airport users provided that the reason for the differentiation is relevant, objective and transparent.
4
For the purposes of paragraph (3), a reason may (but need not) relate to the quality, scope or costs of services associated with the airport charge.
Basis for providing differentiated services
15
1
This regulation applies where a differentiated service cannot be provided to all of the airport users in relation to a regulated airport who notify the regulated airport operator of an interest in using the service.
2
Where this regulation applies, allocation of the differentiated service must be determined by the regulated airport operator on the basis of relevant, objective, transparent and non-discriminatory criteria.
3
For the purpose of this regulation, where a service or facility is provided at an airport to different airport users but the service or facility provided to one or more of them differs in quality or scope, each different version of the service or facility is a “differentiated service”.
PART 5 Penalties for failure by airport users to provide information
Penalties: failure of airport users to provide information
16
1
The CAA may impose a penalty on a person if it has determined that the person, being an airport user, is in breach of the obligation placed on it by virtue of regulation 7(4).
2
Before imposing a penalty on a person under paragraph (1) the CAA must —
a
give the person a notice about the proposed penalty,
b
publish the notice as soon as practicable, and
c
(unless the notice is withdrawn) consider any representations made about the proposed penalty in a period of 21 days beginning on the day on which notice is given to the person.
3
A notice under subsection (1) must —
a
state that the CAA proposes to impose a penalty,
b
state the proposed amount of the penalty, and
c
specify the act or omission which the CAA has determined constitutes a breach of the obligation arising by virtue of regulation 7(4).
4
Before varying the proposed amount of penalty, the CAA must —
a
give the person on whom the penalty is imposed a notice about the proposed variation,
b
publish the notice as soon as practicable, and
c
(unless the notice is withdrawn) consider any representations made about the proposed penalty in a period of 21 days beginning on the day on which notice is given to the person.
5
As soon as possible after imposing a penalty under paragraph (1) the CAA must —
a
give a notice to the person on whom the penalty is imposed, and
b
publish the notice.
6
The notice under paragraph (5) must —
a
state that the CAA has imposed the penalty,
b
state the amount of the penalty,
c
specify the act or omission which the CAA has determined constitutes a breach of the obligation arising by virtue of regulation 7(4), and
d
specify that the penalty is to be paid within 30 days.
Review of penalties placed on airport users
17
Schedule 1 (review of penalties placed on airport users) has effect in respect of the imposition of a penalty by the CAA under regulation 16.
Further provision about penalties
18
1
The amount of penalty imposed on a person under regulation 16 or Schedule 1 must be such amount as the CAA determines to be —
a
appropriate, and
b
proportionate to the breach for which it is imposed.
2
The maximum amount of penalty that may be imposed on a person under regulation 16 or Schedule 1 in respect of any breach is £5,000.
3
Paragraphs (4) and (5) apply if all or part of a penalty imposed on a person is not paid within the period specified in the notice given under regulation 16(5) or paragraph 5(1) of Schedule 1.
4
The CAA may recover the unpaid balance of a penalty as a debt due to it from the relevant person.
5
Any sums received by the CAA by way of a penalty under these Regulations must be paid into the Consolidated Fund.
PART 6 Breach of obligations by airport operators
Breach of obligations: duties owed to third parties
19
1
The obligation to comply with any requirement imposed on an airport operator by these Regulations is a duty owed to any person who may be affected by a contravention of that requirement.
2
Where a duty is owed by virtue of paragraph (1), the following are actionable by a person —
a
any breach of the duty which causes that person to sustain loss or damage, and
b
any act which, by inducing a breach of that duty or interfering with its performance, causes that person to sustain loss or damage and which is done wholly or partly for the purpose of achieving that result.
3
In any proceedings brought against any person in pursuance of paragraph (2)(a) in relation to an obligation arising under Part 3 of these Regulations it shall be a defence for that person to prove that he or she took all reasonable steps and exercised all due diligence to avoid contravening the obligation.
Breach of obligations: investigations
20
1
The CAA may investigate whether an airport operator is failing, or has failed, to comply with an obligation imposed on it by or under these Regulations.
2
The CAA must investigate whether an airport operator is failing to comply or has failed to comply with an obligation imposed on it by or under these Regulations if it receives a complaint about such a failure from a person mentioned in paragraph (3).
3
Those persons are —
a
a person on whom any airport charges have been levied by the airport operator at the airport (whether actually paid by that person or not), or
b
another airport operator who claims that the business carried on by the operator has been or is being materially harmed by the alleged failure to comply with the obligation in question.
4
Paragraph (2) does not apply if the CAA considers that the complaint is frivolous.
Compliance orders
21
1
Paragraph (2) applies if the CAA is satisfied that —
a
an airport operator is failing to comply with an obligation imposed on it by or under these Regulations, or
b
an airport operator has failed to comply with such an obligation and is likely to do so again.
2
The CAA may give the airport operator an order requiring it to take the appropriate steps specified in the order.
3
In paragraph (2) “the appropriate steps”, in relation to a failure to comply with an obligation, means the steps that the CAA considers appropriate for the purpose of —
a
securing compliance with the obligation, and
b
remedying any loss or damage sustained, or injustice suffered, by any person in consequence of the failure to comply with that obligation.
4
Paragraph (5) applies if the CAA is satisfied that an airport operator has failed to comply with any obligation placed on it by or under these Regulations (but not that the operator is for the time being failing to comply with it or is likely again to fail to comply with it).
5
The CAA may give the airport operator an order requiring it to take the appropriate steps specified in the order for the purpose of remedying any loss or damage sustained, or injustice suffered, by any person in consequence of the failure to comply with that obligation.
6
An order under paragraph (2) or (5) —
a
must require the airport operator concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified,
b
is to take effect in respect of any requirement (according to the terms of the order) either as soon as a copy of it is served on the airport operator or at such later time as may be specified in it by the CAA, and
c
may be revoked by the CAA at any time.
7
A copy of an order under this regulation must be served by the CAA on the airport operator.
Validity and enforcement of compliance orders
22
1
Section 49 of the 1986 Act (validity and effect of compliance orders) has effect in relation to an order under regulation 21(2) or (5) as if —
a
the order were a compliance order under section 48(3)(a) or (5) of that Act, and
b
the references in subsections (1) and (2) of that section to section 48 of that Act were references to regulation 21 of these Regulations.
2
Article 40 of the 1994 Order (validity and effect of compliance orders) has effect in relation to an order under regulation 21(2) or (5) as if —
a
the order were a compliance order under Article 39(3)(a) or (5) of that Order, and
b
the references in paragraphs (1) and (2) of that article to Article 39 of that Order were references to regulation 21 of these Regulations.
PART 7 Designation under the Airports Act 1986 etc.
Examination of competition under the Airports Act 1986
23
1
Part 4 of the 1986 Act (economic regulation of airports) is amended as follows.
2
In section 36(1) (interpretation of Part 4) —
a
in the definition of “airport charges” for the words from “but excluding” to “1982” substitute “but excluding excepted charges”, and
b
in the appropriate place insert —
“excepted charges” means —
penalties payable by virtue of section 38C of the 1982 Act (breach of noise control schemes);
penalties payable by virtue of section 78A of the 1982 Act (penalty schemes established by managers of aerodromes);
charges payable for services provided for airport users as described in the Annex to Council Directive 96/67/EC of 15th October 1996 on access to the groundhandling market at Community airports;
charges payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services);
charges referred to in Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility; and
charges for en route and terminal air navigation services determined in accordance with Chapter III of Commission Regulation (EC) No. 1794/2006 of 6th December 2006 laying down a common charging scheme for air navigation services, as amended by Commission Regulation (EU) No. 1191/2010 of 16th December 2010;
.
3
In section 40 (mandatory conditions in case of designated airports) , in subsection (1), after “State” insert “(either in accordance with section 40A or otherwise)”.
4
After that section insert —
Designation of certain regulated airports
40A
1
The Secretary of State must by order designate an airport for the purposes of section 40 if —
a
it is a regulated airport for the purposes of the Airport Charges Regulations 2011, and
b
the Secretary of State considers that designation is warranted on the basis of a market power examination carried out by the CAA in relation to the airport operator in accordance with section 40B.
2
The Secretary of State must publish details of the procedure and criteria to be used when deciding whether designation is warranted on that basis.
3
The procedure and criteria must be relevant, objective and non-discriminatory.
4
As soon as practicable after deciding whether designation of an airport is required under subsection (1), the Secretary of State must —
a
publish a notice setting out the reasons for this decision, and
b
send a copy of the notice to the airport operator.
Market power examinations
40B
1
The CAA may, whenever it considers appropriate, examine —
a
whether an airport operator in relation to a regulated airport has, or is likely to acquire, substantial market power (whether alone or taken with such other persons as the CAA considers relevant), and
b
if so, the nature and extent of that power.
2
The CAA must carry out an examination under subsection (1) (a “market power examination”) if it is asked to do so by —
a
the Secretary of State, or
b
a person who appears to the CAA to have a sufficient interest in the examination.
3
Subsection (2) does not apply if —
a
the CAA has previously undertaken a market power examination in relation to the airport operator, and
b
it considers that there has not been a material change of circumstances since the conclusion of that examination.
4
As soon as practicable after each market power examination the CAA must —
a
publish a report setting out its findings,
b
send a copy of the report to the persons listed in subsection (5).
5
Those persons are —
a
the airport operator that is the subject of the examination,
b
the Secretary of State, and
c
if the examination was carried out in response to a request from another person, that person.
6
In this section “regulated airport” means an airport which is a regulated airport for the purposes of the Airport Charges Regulations 2011.
.
Transitional provision
24
1
The amendments made by regulation 23(2) do not affect the validity of conditions imposed by the CAA in relation to an airport under Part 4 of the 1986 Act before 10th November 2011.
2
But, on and after that date, references in such conditions to airport charges are to be treated as references to airport charges as defined in section 36(1) of the 1986 Act, as amended by regulation 23(2).
PART 8 Designation under the Airports (Northern Ireland) Order 1994 etc.
Examination of competition under the Airports (Northern Ireland) Order 1994
25
1
Part 4 of the Airports (Northern Ireland) Order 1994 is amended as follows.
2
In Article 27(1) (interpretation of Part 4) —
a
in the definition of “airport charges” for the words from “but excluding” to “services etc.)” substitute “but excluding excepted charges”, and
b
in the appropriate place insert —
“excepted charges” means —
a
penalties payable by virtue of section 78A of the 1982 Act (penalty schemes established by managers of aerodromes);
b
charges payable for services provided for airport users as described in the Annex to the Council Directive 96/67/EC of 15th October 1996 on access to the groundhandling market at Community airports;
c
charges payable by virtue of section 73 of the Transport Act 2000 (charges for chargeable air services);
d
charges referred to in Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5th July 2006 which are levied for the funding of assistance to disabled passengers and passengers with reduced mobility; and
e
charges for en route and terminal air navigation services determined in accordance with Chapter III of Commission Regulation (EC) No. 1794/2006 of 6th December 2006 laying down a common charging scheme for air navigation services, as amended by Commission Regulation (EU) No. 1191/2010 of 16th December 2010;
.
3
In Article 31 (mandatory conditions in case of designated airports), in paragraph (1), after “Department” insert “(either in accordance with Article 31A or otherwise)”.
4
After that Article insert —
Designation of certain regulated airports
31A
1
The Department must by order designate an airport for the purposes of Article 31 if —
a
it is a regulated airport for the purposes of the Airport Charges Regulations 2011, and
b
the Department considers that designation is warranted on the basis of a market power examination carried out by the CAA in relation to the airport operator in accordance with Article 31B.
2
The Department must publish details of the procedure and criteria to be used when deciding whether designation is warranted on that basis.
3
The procedure and criteria must be relevant, objective and non-discriminatory.
4
As soon as practicable after deciding whether designation of an airport is required under paragraph (1), the Department must —
a
publish a notice setting out the reasons for this decision, and
b
send a copy of the notice to the airport operator.
Market power examinations
31B
1
The CAA may, whenever it considers appropriate, examine —
a
whether an airport operator in relation to a regulated airport has, or is likely to acquire, substantial market power (whether alone or taken with such other persons as the CAA considers relevant), and
b
if so, the nature and extent of that power.
2
The CAA must carry out an examination under paragraph (1) (a “market power examination”) if it is asked to do so by —
a
the Department, or
b
a person who appears to the CAA to have a sufficient interest in the examination.
3
Paragraph (2) does not apply if —
a
the CAA has previously undertaken a market power examination in relation to the airport operator, and
b
it considers that there has not been a material change of circumstances since the conclusion of that examination.
4
As soon as practicable after each market power examination the CAA must —
a
publish a report setting out its findings,
b
send a copy of the report to the persons listed in paragraph (5).
5
Those persons are —
a
the airport operator that is the subject of the examination,
b
the Department, and
c
if the examination was carried out in respect to a request from another person, that person.
6
In this Article “regulated airport” means an airport which is a regulated airport for the purposes of the Airport Charges Regulations 2011.
.
Transitional provision
26
1
The amendments made by regulation 25(2) do not affect the validity of conditions imposed by the CAA in relation to an airport under Part 4 of the 1994 Order before 10th November 2011.
2
But, on and after that date, references in such conditions to airport charges are to be treated as references to airport charges as defined in Article 27(1) of the 1994 Order, as amended by regulation 25(2).
PART 9 Miscellaneous
Consultation on infrastructure plans
27
1
This regulation applies in relation to any plans by a regulated airport operator to undertake a major infrastructure project at the airport it manages.
2
Where this regulation applies, the airport operator must consult airport users in relation to the airport about the plans before they are finalised.
General duties of regulatory body
28
1
Section 39(2) and (3) of the 1986 Act (general duties) has effect, subject to paragraph (3), in relation to the performance by the CAA of its functions under these Regulations as it has effect in relation to the performance of its functions under sections 40 to 56 of that Act.
2
Article 30(2) and (3) of the 1994 Order (general duties) has effect, subject to paragraph (3), in relation to the performance by the CAA of its functions under these Regulations as it has effect in relation to the performance of its functions under Articles 31 to 49 of that Order.
3
The CAA must perform its functions under regulations 20 and 21 with a view to ensuring that, to the extent possible, changes to the system or level of airport charges are agreed between regulated airport operators and any airport user who would be liable to pay such charges.
4
Where it considers it appropriate for the purpose of ensuring that, to the extent possible, such changes are agreed between such persons, the CAA must —
a
provide information,
b
provide assistance to persons who request it, and
c
provide advice (whether or not requested).
5
The CAA must act impartially and (subject to any obligations of confidentiality) transparently in the exercise of its functions under these Regulations.
Prohibition of management, etc. of aerodromes by CAA
29
1
For section 28 of the Civil Aviation Act 1982 (management of aerodromes by CAA) substitute —
Prohibition of management, etc. of aerodromes by CAA
28
The CAA may not own, manage or operate an aerodrome.
2
Schedule 2 (prohibition of management of aerodromes by CAA: consequential amendments) has effect.
Furnishing of information, etc. to the CAA
30
1
Section 73 of the 1986 Act (furnishing of information, etc. to CAA) has effect as if the references in subsection (1) to the functions of the CAA under that Act included the functions of the CAA under these Regulations.
2
Article 48 of the 1994 Order (furnishing of information, etc. to CAA) has effect as if the references in paragraph (1) to the functions of the CAA under Part 4 of that Order included the functions of the CAA under these Regulations.
Restriction on the disclosure of information
31
Schedule 3 (restriction on the disclosure of information) has effect.
Annual report
32
The CAA must publish an annual report concerning the exercise of its functions under —
a
these Regulations,
b
section 40B of the 1986 Act (as inserted by these Regulations), and
c
Article 31B of the 1994 Order (as inserted by these Regulations).
Service of documents by the CAA
33
1
Anything requiring to be served on any person, or any notice to be given, by the CAA under these Regulations must be set out in a notice in writing which may be served or given either —
a
by delivering it to that person,
b
by leaving it at the operator’s proper address, or
c
by post.
2
For the purposes of paragraph (1) —
a
where the person is a body corporate the document may be served on the secretary of that body, and
b
the proper address of any person is, in the case of a body corporate, the registered or principal office of that body or in any other case the last known address of the person to be served.
Supplementary transitional provision
34
An obligation imposed on an airport operator or airport user by a provision of Part 3 or 4 of these Regulations may be satisfied by action taken before 10th November 2011.
Signed by authority of the Secretary of State
Theresa Villers
Minister of State
Department for Transport
18th October 2011


text:
Citation and commencement
1
This Order may be cited as the Code of Practice for Electronic Programme Guides (Addition of Programme Services) Order 2011 and comes into force on 31st January 2012.
Addition of local television
2
In section 310 of the Communications Act 2003 (code of practice for electronic programme guides) —
a
after subsection (4)(f) insert —
g
a local digital television programme service;
h
a simulcast local service.
.
b
after subsection (8) insert–
9
In this section “local digital television programme service” means any service which falls within a description of service in relation to which provision is for the time being made under section 244 (local digital television services).
10
In this section “simulcast local service” means a service provided in digital form and corresponding to a local digital television programme service.
11
For the purposes of subsection (10), a service corresponds to a local digital television programme service (“the relevant service”) if all of the programmes included in the relevant service are provided at the same time on both services.
.
Jeremy Hunt
Secretary of State
Department for Culture, Media and Sport
12th December 2011


text:
Title, application and commencement
1
These Regulations may be cited as the Poultry Health Scheme (Fees) Regulations 2011; they apply in England and come into force on 25th May 2011.
Fees relating to the poultry health scheme
2
1
The fee for approval for the purposes of the poultry health scheme established under paragraph 4 of Schedule 2 to the Trade in Animals and Related Products Regulations 2011 is £60.00 for initial approval, with an annual fee of —
a
£62.00 for a flock or hatchery; or
b
£70.00 for a combined flock and hatchery on one site.
2
If the annual inspection under that paragraph is carried out by an officer of the Secretary of State the fee for each inspection (in addition to the annual fee) is —
a
£97 for a flock or hatchery; or
b
£143 for a combined flock and hatchery on one site.
3
The fee for the approval under that paragraph of a laboratory conducting diagnostic testing for members of the poultry health scheme is —
a
£13 for processing an application for approval; and
b
£31 for processing annual registration documentation.
Fee for proficiency testing a laboratory
3
The fee payable by an approved laboratory for the following proficiency tests conducted by the Veterinary Laboratories Agency under paragraph 2 of Annex I to Council Directive 2009/158/ EC (on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ) is as follows.
Proficiency test Fee(£)
Salmonella bacteriology (pullorum, gallinarum, arizonae) 131 Salmonella serology (pullorum, gallinarum) 336 Mycoplasma chicken serology (gallisepticum) 336 Mycoplasma culture (gallisepticum & meleagridis) 281 Mycoplasma turkey serology (gallisepticum & meleagridis) 336
Time of payment
4
Fees are payable to the Secretary of State on demand.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd April 2011
We consent
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
27th April 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) (No. 3) Regulations 2011 and shall come into force on 12th December 2011.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
1
In Column 1 of Part 8 of the Schedule to the Wireless Telegraphy (Register) Regulations 2004 (the “Principal Regulations”), insert, at the end of the column, after “Converted Spectrum Access” —
Receive-Only Earth Stations (Fixed Satellite Service) Receive-Only Earth Stations (Meteorological Satellite Service)
.
2
In Column 2 of Part 8 of the Schedule to the Principal Regulations, insert, at the end of the column, after “3500–3580 MHz ” —
1690–1710 MHz 3600–4200 MHz 7750–7850 MHz
.
Hyacinth S. Nwana
Group Director, Spectrum Policy Group of the Office of Communications
For and by the authority of the Office of Communications
17th November 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2011 and subject to paragraph (2) come into force on 6 April 2011.
2
Regulation 8 comes into force on 31 October 2011.
Amendment of the Education (Student Loans) (Repayment) Regulations 2009
2
The Education (Student Loans) (Repayment) Regulations 2009 are amended in accordance with regulations 3 to 11.
3
In regulation 3 —
a
after the definition of “repayment” insert —
“repayment threshold” has the meaning given to it in regulation 29 (7);
“repayment threshold year” means the period from 6 April to 5 April of the following year;
;
b
in the definition of “tax year” —
i
in sub-paragraph (b) before “for the purpose of Part 3” insert “subject to sub-paragraph(c),”;
ii
after sub-paragraph (b) insert —
c
for the purposes of regulations 36 and 40(1) and (2) means the period from 6 April to 5 April of the following year
; and
c
after the definition of “tax year” insert —
“tax year 2009–10” for the purpose of Part 3 means the tax year beginning on 6 April 2009 (and any corresponding expression in which two years are similarly mentioned is to be read in the same way);
.
4
In regulation 16(3) after “is not” omit “be”.
5
In regulation 20(4) for “£15,000” substitute “the repayment threshold”.
6
In regulation 29 —
a
in paragraph (4)(a) for “first £15,000” substitute “repayment threshold”;
b
in paragraph (4)(b) for “£15,000” substitute “the repayment threshold”; and
c
after paragraph (6) insert —
7
The repayment threshold is —
a
for any repayment threshold year ending on or before 5 April 2012, an amount of £15,000;
b
for any repayment threshold year ending after 6 April 2012 but before or on 5 April 2016, an amount equal to X + (X x Y%) and rounded up to the nearest £5 where —
X is the repayment threshold for the previous repayment threshold year,
Y is the percentage increase between the retail prices all items index published by the Office for National Statistics for the two Marches immediately before the commencement of the previous tax year; and
c
for any repayment threshold year ending on or after 6 April 2016, the amount of the repayment threshold for the previous repayment threshold year;
.
7
For regulation 36 substitute —
Late payment penalties
36
Schedule 56 to the Finance Act 2009 (penalty for failure to make payments on time) applies to repayments which have become payable by a borrower under this Part as it applies to an amount of income tax which —
a
is payable in relation to the tax year 2010-11 or any subsequent tax year, and
b
falls within —
i
item 1, 12, 18 or 19 of the Table in paragraph 1 of that Schedule, or
ii
insofar as the tax falls within item 1 of that Table, item 17, 23 or 24 of that Table.
.
8
For regulation 39 substitute —
Interest
39
1
Subject to paragraph (2), any repayment due and payable under this Part carries interest at the rate applicable under section 103 of the Finance Act 2009 for the purposes of section 101 of the Finance Act 2009 from whichever of the following days is applicable —
a
the last day of the period referred to in regulation 35(2); or
b
the date mentioned in regulation 35(3),
until payment, whether or not the applicable day is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
2
In relation to any repayment amount due under this Part and outstanding immediately prior to 31 October 2011 —
a
section 178 of the Finance Act 1989 for the purposes of section 86 of the 1970 Act has effect up to and including 30 October 2011, and
b
sections 101 and 103 of the Finance Act 2009 have effect on and after 31 October 2011.
3
Sections 90 and 91 of the 1970 Act apply to interest under this regulation as they apply to interest on income tax.
4
Subject to paragraph (5), a refund by HMRC to a borrower of an overpayment of amounts payable under this Part carries interest at the rate applicable under section 103 of the Finance Act 2009 from the date on which the overpayment arose to the date on which the order for the refund is issued.
5
In relation to any refund by HMRC where the date of overpayment arose on or before 30 October 2011 —
a
section 178 of the Finance Act 1989 has effect for any period up to and including 30 October 2011; and
b
sections 102 and 103 of the Finance Act 2009 has effect for any period on or after 31 October 2011.
.
9
In regulation 40 —
a
for paragraph (1) substitute —
1
Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc) applies —
a
in relation to a return or other document which is required to be made or delivered to Her Majesty’s Revenue and Customs for the tax year 2010-11 or any subsequent tax year,
b
which falls within item 1 of the Table in paragraph 1 of that Schedule, and
c
which is required to include information under regulation 30,
as it applies to income tax on that same return.
; and
b
for paragraph (2) substitute —
2
The references to liability to tax in Schedule 55 to the Finance Act 2009 are construed as references to the aggregate of the amounts which, if a proper return had been delivered on the filing date, would have been payable —
a
by the taxpayer under section 59B of that Act (payment of income tax and capital gains tax); and
b
where the taxpayer is a borrower, by way of repayment under regulation 29.
.
10
In regulation 44 —
a
in paragraph (2)(a) for “£15,000” substitute “the repayment threshold”; and
b
in paragraph (2)(b) for “£15,000” substitute “the repayment threshold”.
11
After regulation 76(1) insert —
1A
On 6 April 2012, and on 6 April of each subsequent year until and including 6 April 2015 each amount in the column entitled “Applicable Threshold” in the table in paragraph (1), shall increase to an amount equal to X + (X x Y%) and rounded up to the nearest £5 where —
X is the amount in the amount in the column entitled “Applicable Threshold” immediately before 6 April,
Y is the percentage increase between the retail prices all items index published by the Office for National Statistics for the two Marches immediately before the commencement of the previous repayment threshold year.
.
Savings
12
1
Regulation 7 does not apply to repayments payable by a borrower under Part 3 of the Education (Student Loans) (Repayment) Regulations 2009 in relation to the tax year 2009-10 or any previous tax year.
2
Regulation 9 does not apply to returns which are required to include information or other documents under regulation 30 of the Education (Student Loans) (Repayment) Regulations 2009 in relation to the tax year 2009-10 or any previous tax year.
3
In this regulation —
a
“tax year” means the period from 6 April to 5 April of the following year; and
b
“tax year 2009-10” means the tax year beginning on 6th April 2009.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
14th March 2011
Leighton Andrews
Minister for Children, Education and Lifelong Learning, One of the Welsh Ministers
14th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2011 and they come into force on 1st October 2011.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2011.
2
In paragraph (1), “a relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£743” substitute “£798”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£676” substitute “£726”.
Revocation
4
The Tonnage Tax (Training Requirement) (Amendment) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
5th September 2011