text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 4) Regulations 2010 and shall come into force on 1st October 2010.
Amendment of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for “£4,836” substitute “£4,940”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for “£93.00” substitute “£95.00”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In paragraphs (3) and (4) of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for “£93.00” substitute “£95.00”.
Amendment of the Employment and Support Allowance Regulations 2008
5
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In paragraphs (3) and (4) of regulation 45 (exempt work) for “£93.00” substitute “£95.00”.
3
In regulation 76(1) (deductions for councillor’s allowance) for “£93.00” substitute “£95.00”.
4
In paragraphs 5, 6 and 7 of schedule 7 (sums to be disregarded in the calculation of earnings) for “£93.00” substitute “£95.00” each time it appears.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd August 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 4) Regulations 2010 and shall come into force on 16th November 2010.
Amendments to the Child Trust Funds Regulations 2004
2
Regulation 16 of the Child Trust Funds Regulations 2004 (account provider – withdrawal by Board of approval) is amended as follows.
3
1
After paragraph (2) of regulation 16 insert —
2A
Where paragraph (2B) applies, a term of an undertaking given in accordance with regulation 14(2)(b) shall not be taken as not satisfied only by reason that the person to whom the Board’s approval as an account provider has been given does not accept vouchers.
2B
This paragraph applies where —
a
a person does not accept any voucher after a day specified by that person; and
b
no less than 30 days before the specified day, notice in writing is given to the Board of the person’s intention not to accept vouchers after that day.
.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Licensing Procedures) Regulations 2010 and shall come into force on 9 th August 2010.
Revocation
2
The Wireless Telegraphy (Licensing Procedures) Regulations 2006 are hereby revoked.
Interpretation
3
In these Regulations —
“apparatus” means wireless telegraphy apparatus;
“earth station” means a station situated either on the earth’s surface or within the earth’s atmosphere which is intended for communication with a station beyond the earth’s atmosphere;
“equipment” means a station or apparatus;
“fixed station” means a station which only transmits from a fixed location;
“licence” means a wireless telegraphy licence granted under section 8 of the Act;
“mobile station” means a station which transmits while in motion; and
“station” means a wireless telegraphy station.
Time limits for dealing with the grant of licences
4
A decision on an application for the grant of a licence shall be made, notified to the applicant and published —
a
in the case of any licence relating to radio frequencies allocated for particular wireless telegraphy for use in the United Kingdom Plan for Frequency Authorisation , not more than six weeks after the day of the receipt of the application; and
b
in any other case, as soon as possible after the day of the receipt of the application.
Requirements that must be met for the grant of a licence
5
1
Licences shall be granted by OFCOM, either —
a
in relation to particular equipment; or
b
in relation to any equipment falling within the description specified in the licence and expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used), as are described in the licence.
2
An applicant for the grant of a licence (whether in respect of a station or apparatus) must complete the licence application form which is appropriate for the class of licence being applied for and must provide —
a
the name and address of the applicant;
b
where the duration for which the licence is required is less than twelve months, the duration; and
c
where information is specified as being required in the Schedule to these Regulations for the class of licence concerned, that information.
3
An applicant for the grant of a licence in respect of a station must also provide —
a
the frequencies on which the applicant wishes to operate the station;
b
the location of any proposed fixed station;
c
the position of any remote control point for a fixed station;
d
the purpose or type of service for which the proposed station is intended;
e
the type of station proposed for use;
f
the intended geographical range of operation;
g
the type, position, direction, signal strength, output power and signal beam width of each antenna forming part of the proposed station;
h
the modulation characteristics and data bit rate of —
i
transmissions by the proposed station; and
ii
any transmissions which are for the purpose of station recognition;
i
the call sign desired by the applicant;
j
information required for station site clearance in accordance with OFCOM’s Radio Site clearance process ;
k
in the case of an application in respect of a mobile station, an indication of whether or not the station is to be established on board —
i
an aircraft;
ii
a ship; or
iii
a train; and
l
if the application is in relation to more than one fixed station, the length and direction of proposed transmission signal paths between stations.
Particulars of the terms, provisions and limitations of licences
6
1
Licences are granted subject to —
a
a limitation as to the type of equipment which is authorised;
b
a limitation as to the circumstances of use;
c
a term providing for the licence to commence on the date of its grant and continue in force until revoked by OFCOM or surrendered by the licensee;
d
terms as to the circumstances in which OFCOM may revoke or vary the licence;
e
terms providing for the manner and payment of fees;
f
a term as to access and inspection by OFCOM of equipment;
g
terms as to the modification or restriction in use of equipment and the circumstances in which OFCOM may require any such equipment to be temporarily closed down; and
h
terms, provisions and limitations as to strength and type of signal.
2
Licences are also granted subject to the other terms, provisions and limitations in the case of any particular licence which are contained in the publication Wireless Telegraphy Act Licences (Terms, Provisions and Limitations) 2010 published by OFCOM
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
15th July 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Equality Act 2010 (Commencement No. 2) Order 2010.
2
In this Order —
“Commencement Order No. 1” means the Equality Act 2010 (Commencement No. 1) Order 2010 ; and
“subordinate legislation” means Orders in Council, orders, rules or regulations.
Provisions conferring power to make subordinate legislation etc
2
1
The provisions of the Equality Act 2010 specified in paragraph (2) come into force on the day after the day on which this Order is made, so far as they relate to the provisions listed in Table 2 of the Schedule to Commencement Order No. 1 and in so far as necessary for the purpose of making subordinate legislation or guidance under the provisions so listed.
2
The provisions are —
i
section 6(6)
ii
section 38(8),
iii
section 80(8),
iv
section 83(11) ,
v
section 94(12) ,
vi
section 116(3), and
vii
section 189.
Provisions amending the Equality Act 2006
3
The following provisions of the Equality Act 2010 come into force on the day after the day on which this Order is made —
a
subsection 211(1) so far as it relates to paragraph 6 of Schedule 26, and
b
paragraph 6 of Schedule 26 so far as it relates to paragraph 10(1), (2) and (3) and (5) of that Schedule.
Theresa May
Secretary of State for the Home Department
3rd August 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No.2) Regulations 2010 and come into force on 1st December 2010.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
Amendment of the principal Regulations in relation to responsibility of Primary Care Trusts for continuing health care
2
1
The principal Regulations are amended as set out in the following paragraphs.
2
In regulation 2 (interpretation), in paragraph (1) —
a
after the definition of “LIFT” insert —
“NHS-funded nursing care” means nursing care that a Primary Care Trust has determined that a person needs pursuant to direction 2 of the National Health Service (Nursing Care in Residential Accommodation (England) Directions 2007 ;
; and
b
for the definition of “planned service” substitute —
“planned service” means any service the provision of which is planned and arranged by a Primary Care Trust as part of the health service in response to the results of an assessment of a person’s physical or mental health needs and which is intended to bring about or promote a specific outcome in relation to those needs;
.
3
In regulation 3 (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) —
a
for paragraph (7A)(a) substitute —
a
on or after 1st December 2010, a Primary Care Trust (“the placing PCT”) has made an arrangement in the exercise of its functions under paragraph (7)(a) by virtue of which a person aged 18 or over is to be provided with services to meet their continuing health care needs which consist of or include the provision of —
i
accommodation in a care home or independent hospital situated in the area of another Primary Care Trust, and
ii
one or more planned service (other than a service consisting only of NHS-funded nursing care) which is connected to the provision of such accommodation (whether or not the accommodation is provided or secured by the placing PCT); and
; and
b
for paragraph (7B) substitute —
7B
The placing PCT shall continue to exercise the functions referred to in paragraphs (1) and (2) for the benefit of a person referred to in paragraph (7A) in so far as those functions consist of providing or securing the provision of the accommodation or services referred to in paragraph (7A)(a)(i) and (ii).
.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
30th October 2010


text:
Citation, extent and commencement
1
1
This Order may be cited as the Harbours Act 1964 (Delegation of Functions) Order 2010.
2
This Order extends to England and Wales.
3
This Order comes into force on 1st April 2010.
Delegation
2
1
Subject to article 3, the Secretary of State, being the relevant authority in relation to England and Wales, delegates the exercise of the functions specified in paragraph (2) to the Marine Management Organisation .
2
The specified functions are the functions exercisable by the Secretary of State under the following sections of the Harbours Act 1964 —
a
section 14 (Minsters’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, etc );
b
section 15 (Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, etc);
c
section 15A (Ministers’ powers to make orders about port appointments);
d
section 16 (Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, etc, of harbours);
e
section 18 (Harbour reorganisation schemes); and
f
section 60 (Power to amend Acts of local application).
Excepted cases
3
The exercise of those functions in respect of the applications for orders specified in the table below is excepted from the delegation.
Title of Draft Order Applicant Advertised in the London Gazette
The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order First Corporate Shipping 22nd July 2008 The Dee Estuary Conservancy Harbour Revision Order The Environment Agency 26th January 2005 The Dover Harbour Revision Order The Dover Harbour Board 21st January 2010 The Port of Exeter Harbour Revision Order Exeter City Council 20th December 2006 The Gosport Borough Council (Ferry Works) Harbour Revision Order Gosport Borough Council 5th March 2009 The Associated British Ports (Grimsby Riverside RO-RO Terminal) Harbour Revision Order Associated British Ports Holdings Limited 15th September 2009 The Harwich Parkeston Quay Harbour Revision Order Harwich International Port Limited 29th December 2003 The Mostyn Docks Harbour Revision Order The Port of Mostyn Limited 17th April 2003 The Newlyn Pier and Harbour Revision (Constitution) Order The Newlyn Harbour Commissioners 6th March 2008 The Poole Harbour Revision Order The Poole Harbour Commissioners 9th September 2004 The Portland Harbour Revision Order Portland Harbour Authority Limited 7th September 2007 The Ryde Pier Harbour Revision Order Wightlink Limited 27th March 2009 The Sutton Harbour Revision Order The Sutton Harbour Company 22nd October 2009
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
8th March 2010


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) (No.2) Rules 2010 and come into force on 6 th April 2010.
Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 are amended in accordance with rules 3 to 8.
3
In the Arrangement of Rules, for the heading and entries for Part IIA, substitute —
Part IIA
PROCEEDINGS UNDER SECTION 54 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
21A
Interpretation
21B
Application of this Part
21C
Application of remaining provisions of these Rules
21D
Application for a parental order
21E
How to start parental order proceedings
21F
Personal details
21G
Who the parties are
21H
What the court shall do when the application has been issued
21I
What a designated officer for the court shall do
21J
Service of the application and other documents
21JA
Acknowledgement
21JB
Date for first directions appointment
21JC
The first directions appointment
21JD
Where the agreement of the other parent or the woman who carried the child is not required
21JE
Agreement
21JF
Parental order reporter
21JG
Reports of the parental order reporter and disclosure to the parties
21JH
Notice of final hearing
21JI
The final hearing
21JJ
Proof of identity of the child
21JK
Disclosing information to an adult who was subject to a parental order
21JL
Application for recovery orders
21JM
Keeping of registers, custody, inspection and disclosure of documents and information
21JN
Documents held by the court not to be inspected or copied without the court’s leave
21JO
Orders
21JP
Copies of orders
21JQ
Amendment and revocation of orders
21JR
Proceedings in respect of which a single justice and a justices’ clerk may discharge the functions of the court
.
4
In rule 1(2), in the definition of “directions appointment” insert “and rule 21JC” after “rule 14(2)”.
5
In rule 4(1A), in sub-paragraph (a)(i), omit the reference to Form C51.
6
For Part IIA, substitute —
PART IIA PROCEEDINGS UNDER SECTION 54 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
Interpretation
21A
In this Part of these Rules —
“the Act of 2002 ” means the Adoption and Children Act 2002 as applied with modifications by the Human Fertilisation and Embryology (Parental Orders) Regulations 2010;
“the Act of 2008 ” means the Human Fertilisation and Embryology Act 2008;
“the other parent” means any person who is a parent of the child but is not one of the applicants or the woman who carried the child (including any man who is the father by virtue of section 35 or 36 of the Act of 2008 or any woman who is a parent by virtue of section 42 or 43 of that Act);
“parental order” means an order under section 54 of the Act of 2008;
“parental order proceedings” means proceedings for the making of a parental order under the Act of 2008 or an order under any provision of the Act of 2002;
“parental order reporter” means an officer of the service or a Welsh family proceedings officer appointed to act on behalf of a child who is the subject of parental order proceedings;
“provision for contact” means a contact order under section 8 or 34.
Application of this Part
21B
Except where the contrary intention appears, the Rules in this Part apply to parental order proceedings.
Application of remaining provisions of these Rules
21C
Subject to the other provisions of this Part, rules 1(2), 2(5), 5, 6, 8, 10(2) to (10), 11, 11A(3) to (9), 11B, 14(3) to (8), 17, 19 to 21, 22, 22A, 32, 33 and 33B shall apply as appropriate with any necessary modifications to parental order proceedings.
Application for a parental order
21D
1
The application for a parental order shall be made in Form C51.
2
The applicants shall file Form C51 and any documents referred to in it with the court together with sufficient copies for one to be served on each respondent.
How to start parental order proceedings
21E
1
Parental order proceedings are started when a designated officer for the court issues an application in Form C51 at the request of the applicant.
2
An application is issued on the date entered in Form C51 by the designated officer for the court.
Personal details
21F
1
The court may direct that a party is not required to reveal —
a
the address or telephone number of their private residence;
b
the address of the child; or
c
the name of a person with whom the child is living, if that person is not the applicant.
2
Where the court directs that a party is not required to reveal any of the particulars in paragraph (1), that party shall give notice of those particulars to the court in Form C8 and the particulars shall not be revealed to any person unless the court directs otherwise.
3
Where a party changes his home address during the course of proceedings, that party shall give notice of the change to the court.
Who the parties are
21G
1
In parental order proceedings —
a
the applicants may be such of the following who satisfy the conditions in section 54(1) of the Act of 2008 —
i
a husband and wife;
ii
civil partners of each other; or
iii
two persons who are living as partners in an enduring family relationship who are not within the prohibited degrees of relationship in relation to each other; and
b
the respondents shall be —
i
the woman who carried the child;
ii
the other parent (if any);
iii
any person in whose favour there is provision for contact; and
iv
any other person or body with parental responsibility for the child at the date of the application.
2
The court shall direct that a person with parental responsibility for the child be made a party to proceedings where that person requests to be one.
3
The court may at any time direct that —
a
any other person or body be made a respondent to the proceedings; or
b
a respondent be removed from the proceedings.
4
If the court makes a direction for the addition or removal of a party, it may give consequential directions about —
a
serving a copy of the application form on any new respondent;
b
serving relevant documents on the new party; and
c
the management of the proceedings.
What the court shall do when the application has been issued
21H
1
As soon as practicable after the application has been issued the court shall —
a
if section 48(1) of the Act of 2002 applies (restrictions on making adoption orders), consider whether it is proper to hear the application;
b
subject to paragraph (2), set a date for the first directions appointment;
c
appoint a parental order reporter; and
d
set a date for the hearing of the application.
2
Where it considers it appropriate the court may, instead of setting a date for a first directions appointment, give the directions provided for in rule 21JC.
What a designated officer for the court shall do
21I
As soon as practicable after the issue of proceedings a designated officer for the court shall —
a
return to the applicants the copies of Form C51 together with Forms C6, C6A and C52 as appropriate; and
b
send a copy of the certified copy of the entry in the register of live births to the parental order reporter.
Service of the application and other documents
21J
The applicants shall serve —
a
Form C51 and any documents referred to in it, Form C6 and Form C52 on the respondents within 14 days before the hearing or first directions appointment; and
b
Form C6A on any local authority or voluntary organisation that has at any time provided accommodation for the child.
Acknowledgement
21JA
Within 7 days of the service of an application for a parental order, each respondent shall file and serve on all other parties an acknowledgement in Form C52.
Date for first directions appointment
21JB
Unless the court directs otherwise, the first directions appointment shall be within 4 weeks beginning with the date on which the application is issued.
The first directions appointment
21JC
1
At the first directions appointment in the proceedings the court shall —
a
fix a timetable for the filing of —
i
any report from a parental order reporter;
ii
if a statement of facts has been filed, any amended statement of facts; and
iii
any other evidence;
b
give directions relating to the report and other evidence;
c
consider whether any other person should be a party to the proceedings and, if so, give directions in accordance with rule 21G(2) or (3) joining that person as a party;
d
consider whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court in accordance with any order made by the Lord Chancellor under Part 1 of Schedule 11;
e
give directions about —
i
tracing the other parent or the woman who carried the child;
ii
service of documents;
iii
subject to paragraph (2), disclosure, as soon as possible, of information and evidence to the parties; and
iv
the final hearing.
2
Rule 21JG (reports of the parental order reporter and disclosure to parties) applies to any direction given under paragraph (1)(e)(iii) as it applies to a direction given under rule 21JG(1).
3
The parties or their legal representatives shall attend the first directions appointment unless the court directs otherwise.
4
Directions may also be given at any stage in the proceedings —
a
of the court’s own motion; or
b
on the application in Form C2 of a party or the parental order reporter.
5
Where the court proposes to exercise the powers in paragraph (1) of its own motion, the court shall first give the parties —
a
notice of its intention to do so; and
b
an opportunity to attend and be heard or to make written representations.
6
Where there is an application for directions to be made under paragraph (1), rule 14(5) (b) and (c), (7) and (8) as applied by rule 21C shall apply.
7
For the purposes of giving directions or for such purposes as the court directs —
a
the court may set a date for a further directions appointment or other hearing; and
b
the designated officer for the court shall give notice of any date so fixed to the parties and to the parental order reporter.
8
Directions of a court which are still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to —
a
any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and
b
any variation or revocation of the direction.
9
The court or designated officer for the court shall —
a
take a note of the giving, variation or revocation of a direction under this rule; and
b
as soon as practicable serve a copy of the note on every party.
10
After the first directions appointment the court shall monitor compliance by the parties with the court’s timetable and directions.
Where the agreement of the other parent or the woman who carried the child is not required
21JD
1
The following paragraphs apply where the agreement of the other parent or the woman who carried the child to the making of the parental order is not required as the person in question cannot be found or is incapable of giving agreement.
2
The applicants shall —
a
state that the agreement is not required in Form C51 or at a later stage in a written note to be filed with the court;
b
file a statement of facts setting out a summary of the history of the case and any other facts to satisfy the court that the other parent or the woman who carried the child cannot be found or is incapable of giving agreement.
3
On receipt of Form C51 or written note a designated officer for the court shall —
a
unless the other parent or the woman who carried the child cannot be found, inform the other parent or the woman who carried the child that their agreement is not required;
b
send a copy of the statement of facts filed in accordance with paragraph (2)(b) to —
i
the other parent unless the other parent cannot be found;
ii
the woman who carried the child unless the woman cannot be found; and
iii
the parental order reporter.
Agreement
21JE
1
Unless the court directs otherwise, agreement of the other parent or the woman who carried the child to the making of the parental order may be given in Form A101A or a form to like effect.
2
Any form of agreement executed in Scotland shall be witnessed by a Justice of the Peace or a Sheriff.
3
Any form of agreement executed in Northern Ireland shall be witnessed by a Justice of the Peace.
4
Any form of agreement executed outside the United Kingdom shall be witnessed by —
a
any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;
b
a British Consular officer;
c
a notary public; or
d
if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.
Parental order reporter
21JF
1
A parental order reporter is appointed to act on behalf of a child who is the subject of parental order proceedings and has a duty to safeguard the interests of that child.
2
In addition to such of the matters set out in rules 11 and 11A, as applied by rule 21C, as are appropriate to parental order proceedings, the parental order reporter shall —
a
investigate the matters set out in section 54(1) to (8) of the Act of 2008;
b
so far as the parental order reporter considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of the parental order;
c
advise the court on whether there is any reason under section 1 of the Act of 2002 to refuse the parental order.
Reports of the parental order reporter and disclosure to the parties
21JG
1
The court shall consider whether to give a direction that a confidential report of the parental order reporter be disclosed to each party to the proceedings.
2
Before giving such a direction the court shall consider whether any information should be deleted including information which discloses the particulars referred to in rule 21F(1) where a party has given notice under rule 21F(2) (disclosure of personal details).
3
The court may direct that the report shall not be disclosed to a party.
Notice of final hearing
21JH
A designated officer for the court shall give notice in Form C6 to the parties and the parental order reporter —
a
of the date and place where the application shall be heard; and
b
of the fact that, unless the person wishes or the court requires, the person need not attend.
The final hearing
21JI
1
Any person who has been given notice in accordance with rule 21JH may attend the final hearing and be heard on the question of whether an order should be made.
2
The court may direct that any person shall attend a final hearing.
Proof of identity of the child
21JJ
1
Unless the contrary is shown, the child referred to in the application shall be deemed to be the child referred to in the form of agreement to the making of the parental order where the conditions in paragraph (2) apply.
2
The conditions are —
a
the application identifies the child by reference to a full certified copy of an entry in the registers of live-births;
b
the form of agreement identifies the child by reference to a full certified copy of an entry in the registers of live-births attached to the form; and
c
the copy of the entry in the registers of live-births referred to in sub-paragraph (a) is the same or relates to the same entry in the registers of live-births as the copy of the entry in the registers of live-births attached to the form of agreement.
3
Where the precise date of the child’s birth is not proved to the satisfaction of the court, the court shall determine the probable date of birth.
4
The probable date of the child’s birth may be specified in the parental order as the date of the child’s birth.
5
Where the child’s place of birth cannot be proved to the satisfaction of the court —
a
the child may be treated as having been born in the registration district of the court where it is probable that the child may have been born in —
i
the United Kingdom;
ii
the Channel Islands; or
iii
the Isle of Man; or
b
in any other case, the particulars of the country of birth may be omitted from the parental order.
Disclosing information to an adult who was subject to a parental order
21JK
1
Subject to paragraph (2), the person who was subject to the parental order has the right, on request in Form A64A, to receive from the court which made the parental order a copy of the following —
a
the application form for a parental order (but not the documents attached to that form);
b
the parental order and any other orders relating to the parental order proceedings;
c
any transcript of the court’s decision; and
d
a report made to the court by the parental order reporter.
2
The court shall not provide a copy of a document or order referred to in paragraph (1) unless the person making the request has completed the certificate relating to counselling in Form A64A.
3
This rule does not apply to a person under the age of 18 years.
Application for recovery orders
21JL
1
An application for any of the orders referred to in section 41(2) of the Act of 2002 (recovery orders) may be made, with the permission of the court, without notice in which case the applicant shall file the application at the time when the application is made or as directed by the court.
2
Where the court refuses to make an order on an application without notice it may direct that the application is made on notice in which case the application shall proceed in accordance with rules 21A to21JI.
3
An application for any of the orders referred to in section 41(2) of the Act of 2002 shall be made in Form C2.
4
The respondents to an application under this rule are —
a
in a case where parental order proceedings are pending, all parties to those proceedings;
b
any person having parental responsibility for the child;
c
any person in whose favour there is provision for contact;
d
any person who was caring for the child immediately prior to the making of the application; and
e
any person whom the applicant alleges to have effected, or to have been or to be responsible for, the taking or keeping of the child.
Keeping of registers, custody, inspection and disclosure of documents and information
21JM
1
Such part of the register kept in pursuance of rules made under the Magistrates’ Courts Act 1980 as relates to parental order proceedings, shall be kept in a separate book and the book shall not contain particulars of any other proceedings.
2
The book kept in pursuance of paragraph (1) and all other documents relating to parental order proceedings shall, while they are in the custody of the court, be kept in a place of special security.
3
Any person who obtains any information in the course of, or relating to, parental order proceedings shall treat that information as confidential and shall only disclose it if —
a
the disclosure is necessary for the proper exercise of that person’s duties; or
b
the information is requested by —
i
a court or public authority (whether in Great Britain or not) having power to determine parental order proceedings and related matters, for the purpose of that court or authority discharging its duties relating to those proceedings and matters; or
ii
a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.
Documents held by the court not to be inspected or copied without the court’s leave
21JN
Subject to the provisions of these Rules or any direction given by the court —
a
no document or order held by the court in parental order proceedings shall be open to inspection by any person; and
b
no copy of any such document or order, or of an extract from any such document or order, shall be taken by or given to any person.
Orders
21JO
1
A parental order takes effect from the date when it is made, or such later date as the court may specify.
2
In proceedings in Wales a party may request that an order be drawn up in Welsh as well as in English.
Copies of orders
21JP
1
Within 7 days beginning with the date on which the final order was made in proceedings, or such shorter time as the court may direct, a designated officer for the court shall send —
a
a copy of the order in Form C53 to the applicant;
b
a copy which is sealed, authenticated with the stamp of the court or certified as a true copy of a parental order, to the Registrar General;
c
a notice of the making or refusal of —
i
the final order; or
ii
an order quashing or revoking a parental order or allowing an appeal against an order in proceedings,
to every respondent and, with the leave of the court, any other person.
2
A notice of refusal of a parental order shall be in Form C54.
3
The designated officer for the court shall also send notice of the making of a parental order to —
a
any court in Great Britain which appears to the designated officer for the court to have made any such order as is referred to in section 46(2) of the Act of 2002 (order relating to parental responsibility for, and maintenance of, the child); and
b
the principal registry, if it appears to the designated officer for the court that a parental responsibility agreement has been recorded at the principal registry.
4
A copy of any final order may be sent to any other person with the leave of the court.
5
The designated officer for the court shall send a copy of any order made during the course of the proceedings to all the parties to those proceedings unless the court directs otherwise.
6
If an order has been drawn up in Welsh as well as in English in accordance with rule 21JO(2), any reference in this rule to sending an order is to be taken as a reference to sending both the Welsh and English orders.
Amendment and revocation of orders
21JQ
1
This rule applies to an application under paragraph 4 of Schedule 1 to the Act of 2002 (amendment of a parental order and revocation of direction).
2
The application shall be made to a family proceedings court for the same local justice area as the family proceedings court which made the parental order, by delivering it or sending it by post to the designated officer for the court.
3
The application shall be made in Form C2.
4
Subject to paragraph (5), an application may be made without serving a copy of the application.
5
The court may direct that an application notice be served on such persons as it thinks fit.
6
Where the court makes an order granting the application, a designated officer for the court shall send the Registrar General a notice —
a
specifying the amendments; or
b
informing the Registrar General of the revocation,
giving sufficient particulars of the order to enable the Registrar General to identify the case.
Proceedings in respect of which a single justice and a justices’ clerk may discharge the functions of the court
21JR
1
A single justice may discharge the functions of a family proceedings court in rules 21F(1) and (2), 21G(2) to (4), 21H, 21JB, 21JC(1), (3) to (5), (7), (9) and (10), 21JE(1), 21JG, 21JI(2), 21JK, 21JL(1) and (2), 21JN, 21JP(1), (4) and 21JQ(5).
2
A justices’ clerk may discharge the functions of a family proceedings court in the rules referred to in paragraph (1) except that the functions in —
a
rule 21JP(4) may not be exercised; and
b
rule 21G(2) and (3) may only be exercised with the consent of the parties.
3
Where the justices’ clerk or single justice who is holding a directions appointment considers, for whatever reason, that it is inappropriate to give a direction on a particular matter, the matter shall be referred to the court which may give any appropriate direction.
.
7
In Schedule 1 —
a
in the list of forms, after the entry for Form C54 —
i
in the first column insert “A64A”, in the second column “Application”, and in the third column “for a recovery order”; and
ii
in the first column insert “A101A”, in the second column “Consent”, and in the third column “to the making of a parental order”;
b
for Forms C51, C52, C53 and C54, substitute the forms set out in Part 1 of the Schedule to these Rules; and
c
after Form C54, insert Forms A64A and A101A as set out in Part 2 of the Schedule to these Rules.
8
In Schedule 2, omit the entries in columns (i) to (iv) relating to section 30 of the Human Fertilisation and Embryology Act 1990 .
Transitional provisions relating to Human Fertilisation and Embryology
9
1
These Rules shall apply as far as practicable to an application for —
a
a parental order under section 30 of the Human Fertilisation and Embryology Act 1990; and
b
any order under the Adoption Act 1976 as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 ,
made and not disposed of before these Rules come into force.
2
Where these Rules do not apply to particular proceedings which have not been disposed of before these Rules come into force, the Family Proceedings Courts (Children Act 1989) Rules 1991 shall apply to those proceedings as if these Rules had not been made.
3
The court may give directions relating to the application of these Rules or the Family Proceedings Courts (Children Act 1989) Rules 1991 to proceedings in accordance with paragraphs (1) or (2) of this rule.
Lord Judge, C.J.
I concur
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
25th March 2010


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Care Standards Act 2000 (Registration)(England) Regulations 2010 and come into force on 1st October 2010.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“applicant” means a person seeking to be registered;
“behaviour management policy” has the meaning given to it in regulation 17(2) of the Children’s Homes Regulations 2001 ;
“children’s guide” has the meaning given to it —
in relation to a children’s home in regulation 4(3) (statement of purpose and children’s guide) of the Children’s Homes Regulations 2001;
in relation to a fostering agency in regulation 3(3) (statement of purpose and children’s guide) of the Fostering Services Regulations 2002 ;
in relation to an adoption support agency in regulation 5(4) (statement of purpose and children’s guide) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 ; and
in relation to a voluntary adoption agency in regulation 24C (children’s guide) of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 ;
“ CI ” means Her Majesty’s Chief Inspector for Education, Children’s Services and Skills ;
“holding company” has the meaning given to it by section 1159 of the Companies Act 2006 ;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“placement plan” has the meaning given to it in regulation 12 (child’s placement plan) of the Children’s Homes Regulations 2001;
“refuge” means a residential home for children who appear to be at risk of harm for which a certificate has been issued by the Secretary of State under section 51 of the Children Act 1989 ;
“registered” means registered under Part 2 of the Act;
“registered manager” means a person who is registered as the manager of an establishment or agency;
“registered person” means a person who is the registered provider or registered manager in respect of an establishment or agency;
“registered provider” means a person who is registered as a person carrying on an establishment or agency;
“registration” means registration under Part 2 of the Act;
“relative”, in relation to any person, means —
the person’s spouse or civil partner;
any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the person or the person’s spouse or civil partner;
the spouse or civil partner of any relative within paragraph (b) of this definition,
and for the purpose of determining any such relationship a person’s step-child shall be treated as his child, and references to “spouse or civil partner” in relation to any person include a former spouse or civil partner and a person who is living with the person as husband and wife or as if they were civil partners;
“representative” means, in relation to a service user, a person, other than the registered person or a person employed at or for the purposes of the establishment or agency, who with the service user’s express or implied consent takes an interest in the service user’s health and welfare;
“resident’s guide” has the meaning given to it in regulation 4 (statement of purpose and resident’s guide) of the Residential Family Centres Regulations 2002 ;
“responsible individual” means an individual who is a director, manager, secretary or other officer of an organisation and is responsible for supervising the management of an establishment or agency;
“responsible person” means —
where the applicant is an individual —
the applicant; and
if the applicant carries on or intends to carry on the establishment or agency in partnership with others, each partner of his;
where the applicant is a partnership, each member of the partnership;
where the applicant is an organisation, the responsible individual;
“service user” means any person who is to be provided with accommodation or services in an establishment, or by an agency;
“statement of purpose” means —
in relation to a children’s home, the written statement required in relation to the children’s home in accordance with regulation 4(1) of the Children’s Homes Regulations 2001;
in relation to a residential family centre, the written statement required in relation to the residential family centre in accordance with regulation 4(1) of the Residential Family Centres Regulations 2002;
in relation to a fostering agency, the written statement required in relation to the fostering agency in accordance with regulation 3(1) of the Fostering Services Regulations 2002;
in relation to a voluntary adoption agency, the written statement required in relation to the voluntary adoption agency in accordance with regulation 3(1) of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003;
in relation to an adoption support agency, the written statement required in relation to the adoption support agency in accordance with regulation 5(1) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005;
“subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.
2
In these Regulations, references to an establishment or agency are to be construed as references —
a
in the case of an applicant, to the establishment or agency in respect of which the applicant is seeking to be registered;
b
in the case of a registered person, to the establishment or agency in respect of which the applicant is registered.
3
In these Regulations the terms “employed” and “employment” include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.
PART 2 Applications for Registration
Information and documents to be provided by an applicant
3
1
An application for registration shall —
a
be in writing on a form approved by the CI;
b
be sent or delivered to the CI;
c
be accompanied by a recent photograph of the responsible person, of whom the photograph shall be a true likeness;
d
give the information that the applicant is required to provide in accordance with paragraphs (2) to (4).
2
Subject to paragraph (5), a person who is seeking to be registered as a person who carries on an establishment or agency shall provide to the CI —
a
full information in respect of the matters set out in Parts 1 and 2 of Schedule 1 and if the CI so requests full information in respect of the matters set out in Part 3 of that Schedule; and
b
the documents listed in Schedule 2.
3
Subject to paragraph (5), a person who is seeking to be registered as a manager in respect of an establishment or agency shall provide to the CI —
a
full information in respect of each of the matters set out in Part 1 of Schedule 3; and
b
the documents listed in Part 2 of that Schedule.
4
Subject to paragraph (5), a person who is seeking to be registered in respect of a children’s home shall provide to the CI full information in respect of each of the matters set out in Schedule 4.
5
Where a person has already provided full information in respect of any matter in relation to an earlier application for registration and that information has not changed, the person must inform the CI of that fact and does not have to provide the information in respect of that matter.
6
The applicant shall provide to the CI any other information or documents that the CI may reasonably require in relation to the application for registration.
Interview
4
The responsible person shall, if the CI so requests, attend an interview for the purpose of enabling the CI to determine whether the applicant is fit to carry on or manage the establishment or agency in respect of which the applicant seeks to be registered.
Notice of changes
5
The applicant shall give notice to the CI of any changes to the information or documents provided under this Part which occur after the application for registration is made and before it is determined.
Information as to staff engaged after application made
6
Where an applicant applies for registration as a person who carries on an establishment or agency and, before the application is determined, engages a person to work at the establishment or for the purposes of the agency, the applicant shall, in respect of each person so engaged —
a
obtain the information specified in Part 3 of Schedule 1 and the documents listed in paragraph 9 of Schedule 2; and
b
provide to the CI, if the CI so requests, any of the information or documents which the applicant is required to obtain under sub-paragraph (a).
PART 3 Registers and Certificates of Registration
Registers
7
1
The CI shall keep a register in respect of the following establishments and agencies —
a
children’s homes;
b
residential family centres;
c
fostering agencies;
d
voluntary adoption agencies; and
e
adoption support agencies.
2
Each register shall contain, in relation to each establishment or agency in respect of which a person is registered under the Act, the particulars specified in Schedule 5.
3
The register may be kept in electronic form, provided that the information so recorded is capable of being reproduced in a legible form.
4
When the register in respect of an establishment or agency other than a children’s home is being made available for inspection or a copy of, or extract from, that register is being provided under section 36(1) or (2) of the Act to a person other than a local authority, none of the particulars listed in paragraphs 1, 2 and 10 of Schedule 5 shall be provided.
5
When the register in respect of a children’s home is being made available for inspection or a copy of, or extract from, that register is being provided under section 36(1) or (2) of the Act to any person other than a local authority, none of the information in paragraphs 1, 2, 3 or 10 of Schedule 5 shall be provided and any inspection report in that register shall not contain the name and address of the children’s home or any other information by which the children’s home could be identified.
Contents of certificate
8
A certificate of registration issued by the CI shall contain the following particulars —
a
the name, address and telephone number of the CI;
b
the name and address of the registered provider;
c
where the person is an organisation, the name of the responsible individual;
d
the name of the registered manager;
e
the description of the establishment or agency by reference to a description of establishment or agency specified in section 4(8)(a) or (9)(a) of the Act;
f
where the registration is subject to any condition, details of the condition;
g
the date of registration;
h
a statement, that if an establishment or agency is not carried on in accordance with the relevant requirements and any conditions, the registration is liable to be cancelled by the CI;
i
a statement that the certificate relates only to the person to whom it is issued by the CI and is not capable of being transferred to another person;
j
in the case of a voluntary adoption agency or adoption support agency, the address of the principal office and any branch of the agency;
k
in the case of a fostering agency, the address of any branch of the agency.
Return of certificate
9
If the registration of a person in respect of an establishment or agency is cancelled, that person shall, not later than the day on which the decision or order cancelling the registration takes effect, return the certificate of registration to the CI by —
a
delivering it to the CI; or
b
sending it to the CI by registered post or recorded delivery.
PART 4 Conditions and Reports
Application for variation or removal of a condition
10
1
In this regulation —
“application” means an application by the registered person under section 15(1)(a) of the Act for the variation or removal of a condition in relation to that person’s registration; and
“proposed effective date” means the date requested by the registered person as the date on which the variation or removal applied for is to take effect.
2
An application shall be —
a
made in writing on a form approved by the CI;
b
sent or delivered to the CI not less than six weeks before the proposed effective date or such shorter period (if any) before that date as may be agreed with the CI; and
c
accompanied by the information specified in paragraph (3).
3
The following information is specified —
a
the proposed effective date;
b
the registered person’s reasons for making the application;
c
details of changes that the registered person proposes to make in relation to the establishment or agency as a consequence of the variation or removal applied for, including details of —
i
proposed structural changes to the premises that are used as an establishment or for the purposes of an agency;
ii
additional staff, facilities or equipment, or changes in management that are required to ensure that the proposed changes are carried into effect; and
iii
any changes to the information listed in Part 2 of Schedule 1;
d
where the application is in respect of a children’s home, details of any changes to the information listed in Schedule 4 that the registered person proposes to make as a consequence of the variation or removal applied for.
4
The registered person shall provide the CI with any other documents or information that the CI may reasonably require in relation to the application.
Report as to financial viability
11
If it appears to the registered person that the establishment or agency is likely to cease to be financially viable at any time within the next following six months, the registered person shall give a report to the CI of the relevant circumstances.
PART 5 Cancellation of Registration
Cancellation of registration
12
The following grounds are specified for the purposes of section 14(1)(d) of the Act as grounds on which the CI may cancel the registration of a person in respect of an establishment or agency —
a
that the person has failed to pay, at the time prescribed under section 16(3) of the Act, the annual fee payable by virtue of that subsection;
b
that the person has in relation to any application —
i
for registration; or
ii
for the variation or removal of a condition in relation to the applicant’s registration,
made a statement which is false or misleading in any material respect or provided false information; or
c
that the establishment or agency has ceased to be financially viable, or is likely to cease to be so within the next six months.
Application for cancellation of registration
13
1
In this regulation —
“application for cancellation” means an application by the registered person under section 15(1)(b) of the Act for the cancellation of that person’s registration;
“notice of application for cancellation” means a notice by the registered person stating that the registered person has made, or intends to make, an application for cancellation; and
“proposed effective date” means the date requested by the registered person as the date on which the cancellation applied for is to take effect.
2
An application for cancellation shall be —
a
in writing on a form approved by the CI;
b
sent or delivered to the CI not less than three months before the proposed effective date or such shorter period (if any) before that date as may be agreed with the CI; and
c
accompanied by the information specified in paragraph (4).
3
If the registered person makes an application for cancellation the registered person shall, not more than seven days thereafter, give notice of the application for cancellation to each of the persons specified in paragraph (4)(d), other than a person to whom the registered person has given such notice within three months before making the application for cancellation.
4
The following information is specified —
a
the proposed effective date;
b
a statement as to the arrangements (if any) that have been made by the registered person to ensure that on and after —
i
the date of application for cancellation; and
ii
the proposed effective date,
service users will continue to be provided with similar accommodation (if any) and services as those provided to them in the establishment or by the agency at the date on which the application for cancellation is made;
c
the registered person’s reasons for making the application for cancellation;
d
particulars of any notice of application for cancellation that has been given to any of the following persons —
i
service users;
ii
persons who appear to the registered person to be representatives of service users; and
iii
the local authority in whose area the establishment or the premises used by the agency are situated;
e
where the registered person has not given notice of an application for cancellation to —
i
each service user;
ii
in respect of each service user, a person who appears to the registered person to be a representative of that service user; and
iii
the local authority,
a statement as to whether there were any circumstances which prevented the registered person from giving, or made it impracticable for that person to give, notice of an application for cancellation to any of the persons or bodies referred to in heads (i) to (iii) of this sub-paragraph before the date on which the registered person applied for cancellation;
f
where the registered person has applied for cancellation less than three months before the proposed effective date, a report as to whether the establishment or agency has ceased, or is likely to cease within the next following twelve months, to be financially viable.
5
The registered person shall provide the CI with any other information or any documents that it may reasonably require in relation to the registered person’s application for cancellation.
PART 6 Electronic Transmission
Electronic transmission
14
Any document or information required to be sent or delivered to the CI under these Regulations, apart from under regulation 9, may be sent or delivered by transmitting the document or the information by any means of electronic communication to an electronic address, being an address which the CI has provided as an address for the purposes of receiving such documents and information.
PART 7 Revocations and Transitional Provision
Revocations and transitional provision
15
The National Care Standards Commission (Registration) Regulations 2001 (the “2001 Regulations”) and the National Care Standards Commission (Registration)(Amendment) Regulations 2003 are revoked.
16
Where an application for registration, for cancellation or for the variation or removal of a condition is made but not determined before the coming into force of these Regulations, the application will be considered as if the 2001 Regulations were still in force, and the registered person shall provide to the CI any other information or documents that the CI may require.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
24th August 2010