text:
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Network Rail (Nuneaton North Chord) Order 2010 and shall come into force on 20th July 2010.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the 2003 Act ” means the Communications Act 2003 ;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meanings as in the Highways Act 1980 ;
“electronic communications network” has the same meaning as in the 2003 Act ;
“electronic transmission” means a communication transmitted —
by means of an electronic communications network; or
by other means but while in electronic form;
“footway” has the same meaning as in the Highways Act 1980;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the Order plans;
“the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the Order plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“ Network Rail ” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;
“the Order limits” means the limits of deviation and the limits of land to be acquired or used which are shown on the Order plans;
“the Order plans” means the plans certified by the Secretary of State as the Order plans for the purposes of this Order;
“the Order sections” means the sections certified by the Secretary of State as the Order sections for the purposes of this Order;
“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981 ;
“the scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;
“statutory undertaker” means —
any person who is a statutory undertaker for any of the purposes of the 1990 Act; and
any public communications provider within the meaning of section 151(1) of the 2003 Act;
“street” includes part of a street;
“street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“ the tribunal ” means the Upper Tribunal; and
“ watercourse ” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space above its surface.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
4
References in this Order to numbered plots are references to plot numbers on the Order plans.
5
References in this Order to points identified by letters, or letters and numbers, are to be construed as references to points on the Order plans.
6
All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands are approximate and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Incorporation of Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 103 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway); and
section 145 (recovery of penalties).
2
Section 12 (signals, watchmen etc. ) of the Railways Clauses Act 1863 shall be incorporated in this Order.
3
In those provisions, as incorporated in this Order —
“the company” means Network Rail;
“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and any other authorised work;
“the special Act ” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
Application of the 1991 Act
4
1
The provisions of the 1991 Act mentioned in paragraph (2) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 9 (temporary stopping up of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
2
The provisions of the 1991 Act referred to in paragraph (1) are —
subject to paragraph (3), section 54 (advance notice of certain works);
subject to paragraph (3), section 55 (notice of starting date of works);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all other such provisions as apply for the purposes of the provisions mentioned above.
3
Sections 54 and 55 of the 1991 Act as applied by paragraph (1) shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.
PART 2 WORKS PROVISIONS
Principal powers
Power to construct and maintain works
5
1
Network Rail may construct and maintain the scheduled works.
2
Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the Order sections.
3
Subject to paragraph (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely —
a
railway electrification and signalling works;
b
the provision of buildings, yards, machinery, plant, apparatus and other works and conveniences;
c
the provision, repair and strengthening of approaches, bridges, subways, turning places, ramps, passages, means of access, shafts and stagings as Network Rail thinks fit;
d
the provision of embankments, aprons, abutments, retaining walls, wing walls and culverts;
e
works to alter or remove any structure erected on any highway or adjoining land;
f
works to alter the position of apparatus, including mains, sewers, drains and cables;
g
works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
h
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works (other than works authorised by this sub-paragraph); and
i
works for the benefit or protection of premises affected by the authorised works (other than works authorised by this paragraph).
4
Subject to paragraph (5), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works, other than works that would interfere with a navigable watercourse.
5
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in columns (1) and (2) of Part 2 of Schedule 4 (acquisition of land) or in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) in each case for the purpose specified in relation to that land in column (3) of the appropriate Schedule.
Power to deviate
6
In constructing or maintaining any of the scheduled works, Network Rail may —
a
deviate laterally from the lines or situations shown on the Order plans to the extent of the limits of deviation for that work; and
b
deviate vertically from the levels shown on the Order sections —
i
to any extent not exceeding 3 metres upwards; or
ii
to any extent downwards as may be found to be necessary or convenient.
Streets
Power to execute street works
7
1
Network Rail may, for the purposes of the authorised works, enter upon so much of any street as is within the Order limits and may —
a
break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;
b
place apparatus in the street;
c
maintain apparatus in the street or change its position; and
d
execute any works required for or incidental to any work referred to in sub-paragraph (a), (b) or (c).
2
In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.
Stopping up of street and extinguishment and creation of rights
8
1
Subject to the provisions of this article, Network Rail may, in connection with the construction of the authorised works, stop up the street specified in columns (1) and (3) of Schedule 2 (street to be stopped up) to the extent specified, by reference to the letters and numbers shown on the Order plans, in column (4) of that Schedule.
2
Network Rail shall not exercise the powers conferred by paragraph (1) until either —
a
Work No. 4 has been completed to the reasonable satisfaction of the street authority and is open for use; or
b
a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and subsequently maintained by Network Rail, to the reasonable satisfaction of the street authority, between the commencement and termination points until the completion and opening of Work No. 4 in accordance with sub-paragraph (a).
3
When Stoney Road has been stopped up under this article —
a
all rights of way over or along so much of Stoney Road as has been so stopped up shall be extinguished; and
b
Work No. 4 shall be subject to rights of way equivalent to such rights of way as are extinguished by sub-paragraph (a).
4
Any person who suffers loss by the extinguishment or creation of any private right of way under this article shall be entitled to compensation to be determined in case of dispute, under Part 1 of the 1961 Act.
5
This article is subject to paragraph 2 of Schedule 8 (statutory undertakers, etc.).
Temporary stopping up of streets
9
1
Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street; and
b
subject to paragraph (3), prevent all persons from passing along the street.
2
Without limiting the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article as a temporary working site.
3
Network Rail shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article, if there would otherwise be no such access.
4
Without limiting the scope of paragraph (1), Network Rail may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (3) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the Order plans, in column (4) of that Schedule.
5
Network Rail shall not exercise the powers conferred by this article —
a
in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and
b
in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent shall not be unreasonably withheld.
6
Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
7
If a street authority fails to notify Network Rail of its decision within 28 days of receiving an application for consent under paragraph (5)(b), that street authority shall be deemed to have granted consent.
Access to works
10
1
Network Rail may, for the purposes of the authorised works, and with the approval of the highway authority, such approval not to be unreasonably withheld, form and lay out such means of access, or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.
2
If a highway authority fails to notify Network Rail of its decision within 28 days of receiving an application for approval under paragraph (1), that highway authority shall be deemed to have granted approval.
Agreements with street authorities
11
1
Network Rail and a street authority may enter into agreements with respect to —
a
the construction of Work No. 4 under the powers conferred by this Order;
b
the maintenance of the structure of any bridge or tunnel carrying a street over or under a railway;
c
any stopping up, alteration or diversion of a street conferred by article 9 (temporary stopping up of streets); or
d
the execution in the street of any of the works referred to in article 7 (power to execute street works).
2
Such an agreement may, without limitation on the scope of paragraph (1) —
a
make provision for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Specific works
Canal Farm Road and Work No. 3: rights
12
1
When Work No. 3 has been completed and is open for use —
a
all rights of way over or along so much of Canal Farm Road (as existing at the date this Order comes into force) as is within plots nos. 2A, 3 and 3A shall be extinguished; and
b
Work No. 3 shall be subject to rights of way equivalent to the rights of way extinguished by sub-paragraph (a).
2
Any person who suffers loss by the extinguishment or creation of any right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Temporary closure of and works in Coventry Canal
13
1
Network Rail may in connection with the construction of Work No. 1 or Work No. 2 —
a
construct and maintain temporary works within plot no. 15; and
b
on grounds of health and safety only, temporarily interfere with or close to navigation any part of the canal within the Order limits.
2
During any period of interference or closure referred to in paragraph (1)(b), all rights of navigation and other rights relating to, and any obligations of the British Waterways Board to manage, the part of the canal so interfered with or closed shall be suspended and unenforceable against the British Waterways Board.
3
Any person who suffers loss or damage as the result of the suspension or interruption of any right under this article shall be entitled to compensation paid by Network Rail to be determined, in case of dispute, under Part 1 of the 1961 Act.
Supplemental powers
Discharge of water
14
1
Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
2
Any dispute arising from the exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain shall be determined as if it were a dispute under section 106 of the Water Industry Act 1991 .
3
Network Rail shall not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.
4
Network Rail shall not make any opening into any public sewer or drain except —
a
in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld; and
b
where that person has been given the opportunity to supervise the making of the opening.
5
Network Rail shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
6
Network Rail shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
7
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
8
If a person fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a), that person shall be deemed to have granted consent or given approval, as the case may be.
9
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker; and
b
other expressions, excluding watercourses, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Power to survey and investigate land
15
1
Network Rail may for the purposes of this Order —
a
survey or investigate any land within the Order limits;
b
without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as Network Rail thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land;
d
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
e
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of Network Rail —
a
shall, if so required, before or after entering the land produce written evidence of that person’s authority to do so; and
b
may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial hole shall be made under this article —
a
in a carriageway or footway without the consent of the highway authority; or
b
in a private street without the consent of the street authority,
but such consent shall not be unreasonably withheld.
5
Network Rail shall compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
6
Nothing in this article shall obviate the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 .
7
If either a highway authority or a street authority fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (4)(a) or (4)(b), as the case may be, that authority shall be deemed to have granted consent.
PART 3 ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
16
Network Rail may acquire compulsorily so much of the land shown on the Order plans within the Order limits and described in the book of reference —
a
as is specified in Part 1 of Schedule 4 (acquisition of land for construction of the authorised works) and as may be required for the purposes of the authorised works; and
b
as is specified in columns (1) and (2) of Part 2 of Schedule 4 (acquisition of land for specified purposes), and as may be required for any purpose specified in relation to that land in column (3) of that Part,
and may use any land so acquired for the purposes of, or for any other purposes that are ancillary to, its railway undertaking as existing from time to time.
Application of Part 1 of the Compulsory Purchase Act 1965
17
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order made under that Act.
2
Part 1 of the 1965 Act, as applied by paragraph (1), shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to giving of bonds, were omitted.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
18
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), shall have effect with the following modifications.
3
In section 3 (preliminary notices), for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, for subsections (5) and (6) there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 16 (power to acquire land).
Power to acquire new rights
19
1
Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under the powers conferred by article 16 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Without prejudice to paragraph (1), Network Rail may acquire compulsorily over any of the land specified in columns (1) and (2) of Schedule 5 (acquisition of rights, etc.) such temporary or permanent easements or other rights as it requires for the purposes mentioned in relation to that land in column (3) of that Schedule.
3
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights)), where Network Rail acquires a right over land under paragraph (1) Network Rail shall not be required to acquire a greater interest in that land.
4
Schedule 6 shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Temporary possession of land
Temporary use of land for construction of works
20
1
Network Rail may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of —
i
the land specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule; and
ii
any other land within the Order limits in respect of which no notice to treat has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981;
b
remove any buildings and vegetation from that land;
c
construct temporary works (including the provision of means of access) and buildings on the land; and
d
construct any permanent works specified in relation to that land in columns (3) and (4) of Schedule 7.
2
Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail shall serve notice of the intended entry on the owners and occupiers of the land.
3
Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article —
a
in the case of land specified in Schedule 7, after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of Schedule 7; or
b
in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which compulsory possession of this land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting Declaration) Act 1981.
4
Subject to paragraph (5), before giving up possession of land of which temporary possession has been taken under this article, Network Rail shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail shall not be required to replace a building removed under this article.
5
Network Rail shall not be obliged to reinstate —
a
plots nos. 3 and 3A (Canal Farm Road and Work No. 3);
b
plot no. 12 (bridge over Coventry Canal); or
c
plots nos. 27, 28, 29, 30, 31 and 32 (Stoney Road).
6
Network Rail shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
8
Without prejudice to article 36 (no double recovery), nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
9
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1)(a)(i) except that Network Rail shall not be precluded from acquiring new rights over any part of that land under article 19 (power to acquire new rights).
10
Where Network Rail takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
11
Section 13 of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 17(1) (application of Part 1 of the Compulsory Purchase Act 1965).
Compensation
Disregard of certain interests and improvements
21
1
In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal shall not take into account —
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Set-off for enhancement in value of retained land
22
1
In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal shall set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works.
2
In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 19 (power to acquire new rights), the tribunal shall set off against the value of the rights so acquired —
a
any increase in value of the land over which the new rights are required; and
b
any increase in the value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to that person by reason of the construction of the authorised works.
3
The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.
Supplementary
Acquisition of part of certain properties
23
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 17 (application of Part 1 of the Compulsory Purchase Act 1965)) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on Network Rail a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless Network Rail agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which Network Rail is authorised to acquire compulsorily under this Order.
8
If Network Rail agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
that the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which Network Rail is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, Network Rail may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, Network Rail shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
24
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or
b
on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,
whichever is the sooner.
2
Subject to paragraph (5), all private rights of way over land of which Network Rail takes temporary possession under article 20 (temporary use of land for construction of works) shall be suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers, etc.) or paragraph 2 of Schedule 8 (statutory undertakers, etc ) applies.
5
Paragraphs (1) and (2) shall have effect subject to —
a
any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail’s taking temporary possession of it that either or both of those paragraphs shall not apply to any right of way specified in the notice; and
b
any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.
6
If any such agreement as is mentioned in sub-paragraph (5)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
Time limit for exercise of powers of acquisition
25
1
After the end of the period of 5 years beginning with the day on which this Order comes into force —
a
no notice to treat shall be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 17 (application of Part 1 of the Compulsory Purchase Act 1965); and
b
no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 18 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) ).
2
The powers conferred by article 20 (temporary use of land for construction of works) shall cease at the end of the period referred to in paragraph (1), but this paragraph shall not prevent Network Rail remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART 4 MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance
26
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows —
a
that the nuisance relates to premises used by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised works and that the nuisance is attributable to the carrying out of authorised works which are being carried out in accordance with a notice served under section 60 of the Control of Pollution Act 1974 or a consent given under section 61 or 65 of that Act; or
b
that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.
3
The provisions of this article are without prejudice to the application to the authorised works of section 122 of the Railways Act 1993 (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.
Power to lop trees overhanging the authorised works
27
1
Network Rail may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub —
a
from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or
b
from constituting a danger to passengers or to other persons using the authorised works.
2
In exercising the powers conferred by paragraph (1), Network Rail shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.
Planning permission and supplementary matters
28
1
In relation to the application of paragraph (3)(c) of the second Schedule to the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 (including that paragraph applied by regulation 3(ii) of the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas)(Exempted Cases) Regulations 1975 , or as incorporated in any tree preservation order), any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the authorised works shall be treated as deeming the permission to have been granted on application made under Part 3 of that Act for the purposes of that Part.
2
In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 1999 as incorporated in any tree preservation order or as having effect by virtue of regulation 10(1)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the authorised works shall not be treated as an outline planning permission.
3
Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to the authorised works shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Obstruction of construction of authorised works
29
Any person who, without reasonable excuse —
a
obstructs any person acting under the authority of Network Rail in setting out the lines of the scheduled works or in constructing any authorised work; or
b
interferes with, moves or removes any apparatus belonging to any person acting under the authority of Network Rail,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Statutory undertakers, etc.
30
The provisions of Schedule 8 (statutory undertakers, etc.) shall have effect.
Protection for specified undertakers
31
The provisions of Schedule 9 (protection for specified undertakers) shall have effect.
Protection for operators of electronic communications code networks
32
The provisions of Schedule 10 (protection for operators of electronic communications code networks) shall have effect.
Protection for the Environment Agency
33
The provisions of Schedule 11 (protection for the Environment Agency) shall have effect.
Certification of plans, etc.
34
Network Rail shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the Order sections and the Order plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference, Order sections and Order plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
35
1
A notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post; or
b
with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, that person’s last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and that person’s name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to that person by name or by the description “the owner”, or as the case may “the occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other documents served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order —
a
that person shall give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
36
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
37
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
29th June 2010


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 5) Order 2010.
2
In this Order “ the Act ” means the Policing and Crime Act 2009.
Provisions coming into force on 19th April 2010
2
The day appointed for the coming into force of the following provisions of the Act is 19th April 2010:
a
section 3 (regulations about senior officers);
b
section 4 (metropolitan police force appointments);
c
section 112(2) (minor and consequential amendments and repeals and revocations) insofar as it relates to the provisions of Part 1 of Schedule 8 (repeals and revocations);
d
Part 1 of Schedule 8.
Provision coming into force on 8th May 2010
3
The day appointed for the coming into force of section 112(1) of the Act in so far as it relates to paragraph 23 of Schedule 7 (amendments to the Licensing Act 2003 ) to the Act and in relation to Wales only is 8th May 2010.
Provision coming into force on 1st September 2010
4
The day appointed for the coming into force of section 2 of the Act (Police Senior Appointments Panel) is 1st September 2010.
David Hanson
Minister of State
Home Office
25th March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Pension Protection Fund (Miscellaneous Amendments) Regulations 2010.
2
These Regulations come into force —
a
for the purposes of this regulation and regulations 2, 3 and 5 on 1st April 2010, and
b
for the purposes of regulation 4, on 6th April 2010.
Amendment of the Pensions Act 2004
2
In Schedule 9 to the Pensions Act 2004 (reviewable matters) , after paragraph 19A insert —
19B
Any determination by the Board under regulation 19A(7) or (8) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 ( S.I. 2006/580 ) (interest for late payment of the pension protection levy) to waive interest or the failure to make any such determination.
.
Amendment of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
3
In the Schedule to the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005 (interested persons who may apply for review of specified matters) , after paragraph 19A —
a
in the first column insert —
19B
Paragraph 19B
, and
b
in the second column insert —
19B
The trustees or managers of the scheme in respect of which the Board has made, or failed to make, a determination to waive interest under regulation 19A(7) or (8) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (interest for late payment of the pension protection levy).
.
Amendment of the Pension Protection Fund (Compensation) Regulations 2005
4
1
The Pension Protection Fund (Compensation) Regulations 2005 are amended as follows.
2
In regulation 2 (circumstances where a person shall be entitled to early payment of compensation) —
a
for paragraph (2)(b), substitute —
b
that on the date on which the compensation is to become payable early —
i
the person has attained the age of 55; or
ii
paragraph 22 of Schedule 36 to the 2004 Act (rights to take benefit before normal minimum benefit age) applies to the person and that person has attained —
aa
the age of 50; and
bb
the age referred to in paragraph 22(8) of that Schedule.
,
b
for paragraph (3)(a)(ii), substitute —
ii
the name of the scheme for which the Board has assumed responsibility (“the relevant scheme”); and
,
c
in paragraph (3)(a)(iii), for “(“the requested early payment date”);” substitute “; and”, and
d
omit —
i
paragraph (3)(c) and the word “and” immediately preceding it, and
ii
paragraph (4).
3
In regulation 25 (cash balance schemes: modification of paragraphs 5, 15 and 19 of Schedule 7 to the Act) —
a
in paragraph (1) at the beginning, insert “Subject to paragraph (1A),”, and
b
after paragraph (1), insert —
1A
This regulation does not apply to a cash balance scheme which is also a career average revalued earnings scheme within the meaning of regulation 26(1).
.
4
After Part 10, insert —
PART 11 Career average revalued earnings schemes
Career average revalued earnings schemes: modification of paragraphs 8, 10, 11 and 14 of Schedule 7 to the Act
26
1
This regulation applies to a career average revalued earnings scheme, that is to say an occupational pension scheme where the whole of the pension entitlement is determined by reference to the member’s earnings in each year of pensionable service, and where those earnings, or a proportion of those earnings accrued as a pension, may be revalued each year until the member attains normal pension age or the pension is put into payment.
2
In their application to a career average revalued earnings scheme, paragraphs 8 and 11 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (5) substitute —
5
Subject to sub-paragraph (5A), the accrued amount means an amount equal to such initial annual rate of pension to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to the pension ended.
5A
In any case where the Board is satisfied that it is not possible to identify the initial annual rate of pension in sub-paragraph (5), the Board may, having regard to the admissible rules, determine the accrued amount.
, and
b
omit sub-paragraphs (6) and (7).
3
In their application to a career average revalued earnings scheme, the provisions of paragraph 10 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (4) substitute —
4
Subject to sub-paragraph (4A), the accrued amount means an amount equal to such amount of scheme lump sum to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to the scheme lump sum ended.
4A
In any case where the Board is satisfied that it is not possible to identify the amount of scheme lump sum in sub-paragraph (4), the Board may, having regard to the admissible rules, determine the accrued amount.
, and
b
omit sub-paragraphs (5) and (6).
4
In their application to a career average revalued earnings scheme, the provisions of paragraph 14 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (5) substitute —
5
Subject to paragraph (5A), the accrued amount means an amount equal to such amount of scheme lump sum to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to the scheme lump sum ended.
5A
In any case where the Board is satisfied that it is not possible to identify the amount of scheme lump sum in sub-paragraph (5), the Board may, having regard to the admissible rules, determine the accrued amount.
, and
b
omit sub-paragraphs (6) and (7).
Schemes where part of pension entitlement is determined on a career average revalued earnings basis: modification of paragraphs 8, 10, 11 and 14 of Schedule 7 to the Act
27
1
This regulation applies to an occupational pension scheme where part of the pension entitlement is determined on a career average revalued earnings basis, that is to say by reference to the member’s earnings in each year of pensionable service applicable to that part, and where those earnings, or a proportion of those earnings accrued as a pension, may be revalued each year until the member attains normal pension age or the pension is put into payment.
2
In their application to a scheme where part of the pension entitlement is determined on a career average revalued earnings basis, paragraphs 8 and 11 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (5) substitute —
5
Subject to sub-paragraphs (6) and (7), the accrued amount is —
X + Y,
where —
X is an amount equal to such initial annual rate of that part of the pension which is determined on a career average revalued earnings basis to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to that part of the pension ended, or in any case where the Board is satisfied that it is not possible to identify the initial annual rate of pension, such amount as the Board may determine, having regard to the admissible rules, and
Y is AR x PE x PS.
5A
In sub-paragraph (5) —
“AR” is the active member’s annual accrual rate, under the admissible rules, in respect of that part of the pension which is not determined on a career average revalued earnings basis,
“PE” is the active member’s annual pensionable earnings, under the admissible rules, in respect of that part of the pension which is not determined on a career average revalued earnings basis, and
“PS” is the active member’s pensionable service, under the admissible rules, in years (including any fraction of a year) in respect of that part of the pension which is not determined on a career average revalued earnings basis.
,
b
in sub-paragraph (6) —
i
for “the pension” substitute “that part of the pension which is not determined on a career average revalued earnings basis”,
ii
after “formula” insert “Y is AR x PE x PS”, and
iii
for “the accrued amount” substitute “Y”, and
c
in sub-paragraph (7) —
i
after “formula” insert “Y is AR x PE x PS”, and
ii
for “the accrued amount” substitute “Y”.
3
In their application to a scheme where part of the pension entitlement is determined on a career average revalued earnings basis, paragraph 10 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (4) substitute —
4
Subject to sub-paragraphs (5) and (6), the accrued amount is —
X + Y,
where —
X is an amount equal to such amount of the scheme lump sum that relates to that part of the pension which is determined on a career average revalued earnings basis, to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to that scheme lump sum ended, or in any case where the Board is satisfied that it is not possible to identify the amount of scheme lump sum, such amount as the Board may determine, having regard to the admissible rules, and
Y is AR x PE x PS.
4A
In sub-paragraph (4) —
“AR” is the active member’s annual accrual rate, under the admissible rules, in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis,
“PE” is the active member’s annual pensionable earnings, under the admissible rules, in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis, and
“PS” is the active member’s pensionable service, under the admissible rules, in years (including any fraction of a year) in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis.
,
b
in sub-paragraph (5) —
i
after “the scheme lump sum” insert “that relates to that part of the pension which is not determined on a career average revalued earnings basis”,
ii
after “formula” insert “Y is AR x PE x PS”, and
iii
for “the accrued amount” substitute “Y”, and
c
in sub-paragraph (6) —
i
after “formula” insert “Y is AR x PE x PS”, and
ii
for “the accrued amount” substitute “Y”.
4
In their application to a scheme where part of the pension entitlement is determined on a career average revalued earnings basis, paragraph 14 of Schedule 7 to the Act shall have effect with the following modifications —
a
for sub-paragraph (5) substitute —
5
Subject to sub-paragraphs (6) and (7), the accrued amount is —
X + Y,
where —
X is an amount equal to such amount of scheme lump sum that relates to that part of the pension which is determined on a career average revalued earnings basis, to which the member would have been entitled under the admissible rules had the member attained normal pension age when the pensionable service relating to that scheme lump sum ended, or in any case where the Board is satisfied that it is not possible to identify the amount of scheme lump sum, such amount as the Board may determine, having regard to the admissible rules, and
Y is AR x PE x PS.
5A
In sub-paragraph (5) —
“AR” is the active member’s annual accrual rate, under the admissible rules, in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis,
“PE” is the active member’s annual pensionable earnings, under the admissible rules, in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis, and
“PS” is the active member’s pensionable service under the admissible rules, in years (including any fraction of a year) in respect of the scheme lump sum that relates to that part of the pension which is not determined on a career average revalued earnings basis.
,
b
in sub-paragraph (6) —
i
after “the scheme lump sum” insert “that relates to that part of the pension which is not determined on a career average revalued earnings basis”,
ii
after “formula” insert “Y is AR x PE x PS”, and
iii
for “the accrued amount” substitute “Y”, and
c
in sub-paragraph (7) —
i
after “formula” insert “Y is AR x PE x PS”, and
ii
for “the accrued amount” substitute “Y”.
.
Amendment of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
5
After regulation 19 of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (collection of the pension protection levy by instalments) , insert —
Interest for late payment of the pension protection levy
19A
1
Subject to paragraph (2), interest is to be charged in the case of late payment of a pension protection levy.
2
Interest, or any part of interest, is not to be charged where there is a waiver under —
a
paragraph (7) in respect of that interest; or
b
paragraph (8) in respect of that part of interest.
3
There is late payment of a pension protection levy where that levy has not been paid within 28 days of the date on which the Board sends the notification under section 181(3)(c) of the Act (calculation, collection and recovery of levies).
4
The annual rate of interest to be charged is 5% higher than —
a
the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets; or
b
where an order under section 19 of the Bank of England Act 1998 (reserve powers) is in force, any equivalent rate determined by the Treasury under that section.
5
Interest is to be calculated —
a
on a daily basis;
b
on the amount of the pension protection levy which has not been paid; and
c
from the first day on which there is a late payment of the pension protection levy until the day on which that levy is paid.
6
Where the interest to be charged includes a fraction of a penny, that fraction is to be ignored.
7
The circumstances in which interest may be waived are where the Board is satisfied that —
a
any of the circumstances specified in regulation 4 of the Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 (circumstances in which pension protection levy may be waived) apply;
b
charging interest would not be conducive to the prudent management of the Board’s financial affairs; or
c
it is reasonable not to charge interest.
8
The circumstances in which any part of interest may be waived are where the Board is satisfied that —
a
the circumstances mentioned in paragraph (7)(a) apply; or
b
it is reasonable not to charge any part of interest.
9
For the purposes of considering whether it is reasonable not to charge interest or any part of interest under paragraphs (7)(c) and (8)(b), the Board must have regard to such matters as the Board considers relevant including (where relevant) the following matters —
a
the dates on which any payments of the pension protection levy are made;
b
the dates on which any payments of the pension protection levy were made in previous years;
c
any failure by the person or persons by or on behalf of whom the pension protection levy is payable to —
i
reply to correspondence from the Board about interest or the pension protection levy; or
ii
provide the Board with information it requests about interest or the pension protection levy; and
d
any —
i
review, reconsideration or reference to the PPF Ombudsman under Chapter 6 of Part 2 of the Act; or
ii
appeal against any determination or direction of the PPF Ombudsman;
which has been brought by the person or persons by or on behalf of whom the pension protection levy is payable.
.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
2nd March 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Gangmasters Licensing (Exclusions) Regulations 2010 and come into force on 6th April 2010.
2
They do not extend to Northern Ireland.
Circumstances in which a licence is not required
2
A person does not require a licence to act as a gangmaster under section 6(1) of the Gangmasters (Licensing) Act 2004 in the circumstances specified in the Schedule.
Revocation
3
The Gangmasters Licensing (Exclusions) Regulations 2006 are revoked.
Bryan Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th March 2010


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010, and
b
come into force on 9th February 2010.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2010.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992; and
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
3
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) , the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2010/11 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 3rd February 2010.
; and
c
after subsection (12) there were inserted the following subsection —
12A
In this section and section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2010/2011 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 3rd February 2010, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
4
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
5
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) , the words “, relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
6
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
7
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i) , the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
9A
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2010/2011 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 3rd February 2010, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
8
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) , in the definition of P1, paragraph (e) and the word “and” preceding it were omitted; and
b
in subsection (4) , paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
9
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) , in the definition of P2, paragraph (f) and the word “and” preceding it were omitted; and
b
in subsection (6) , paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
10
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
11
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) , paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2010/2011 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 3rd February 2010, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th February 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010 and comes into force on 1st October 2010.
2
This Order extends to England and Wales.
Amendment of the Water Industry Act 1991
2
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) , in paragraph 8 —
a
in sub-paragraph (2), omit the definition of “independent hospital”; and
b
after sub-paragraph (2), insert —
3
In this paragraph “independent hospital”, in relation to England, means —
a
an establishment, not being a health service hospital as defined by section 275 of the National Health Service Act 2006 , —
i
the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or
ii
in which (whether or not other services are provided) any of the services listed in sub-paragraph (5) are provided; or
b
any other establishment, not being a health service hospital as so defined, in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983 .
4
In this paragraph “independent hospital”, in relation to Wales, means an independent hospital within the meaning of the Care Standards Act 2000 .
5
The services referred to in sub-paragraph (3)(a)(ii) are as follows —
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than —
i
ear and body piercing,
ii
tattooing,
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes, or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
6
In sub-paragraph (3)(a)(i) —
a
“illness” includes any injury; and
b
“mental disorder” has the same meaning as in the Mental Health Act 1983.
.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th September 2010


text:
Citation
1
This Order may be cited as the Saving Gateway Accounts Act 2009 (Commencement No. 2) Order 2010.
Appointed day
2
1
Subject to paragraph (2), the 1st July 2010 is the appointed day for the coming into force of all the provisions of the Saving Gateway Accounts Act 2009 (“the Act”) other than:
a
sections 4(1), 5(1), 18, 23(1)(a) of the Act;
b
sections 24 and 25 of the Act in so far as they relate to appeals under s23(1)(a) of the Act and which have already been commenced; and
c
sections 29, 31,32 and 33 of the Act.
2
Section 2(1) of the Act shall come into effect on 1st July 2010 for the purposes of ensuring an orderly introduction of accounts and shall come into effect for all purposes from 1st March 2011.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
The Social Security (Contributions) Regulations 2001 are amended as follows.
2
For paragraph 8 in Part 10 of Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) substitute —
Expenses and other payments not charged to income tax under miscellaneous exemptions
8
A payment which is not charged to tax under any of the following provisions of ITEPA 2003 —
a
section 245 (travelling and subsistence during public transport strikes);
b
section 246 (transport between work and home for disabled employees: general);
c
section 248 (transport home: late night working and failure of car-sharing arrangements);
d
section 290A (accommodation outgoings of ministers of religion);
e
section 290B (allowances paid to ministers of religion in respect of accommodation outgoings);
f
section 321 (suggestion awards).
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2010
The Secretary of State concurs.
Angela Eagle
Signed by authority of the Secretary of State for Work and Pensions Minister of State
Department for Work and Pensions
2nd February 2010
The Department for Social Development concurs.
Sealed with the Official Seal of The Department for Social Development on 29th January 2010
Anne McCleary
Senior Officer of the Department for Social Development


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010 and shall come into force the day after they are made.
2
These Regulations apply in relation to England only.
Fees for certain applications under the Town and Country Planning (General Development Procedure) Order 1995
2
1
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 are amended as follows.
2
In regulation 1(2) (application), after sub-paragraph (f) insert —
g
to applications to which article 4F of the Town and Country Planning (General Development Procedure) Order 1995 (applications for non-material changes to planning permission) applies, made on or after the coming into force of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010;
h
to applications of the description contained in article 10B(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995 (consultations before grant of a planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit), made on or after the coming into force of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010.
.
3
In regulation 1(3), after sub-paragraph (d) insert —
e
in the case of applications referred to in paragraph (2)(g) and (h) above, on the date on which the application is made.
.
4
After regulation 11D (fees for confirmation of compliance with conditions attached to planning permission: England) insert —
Fees for applications for non-material changes to planning permission: England
11E
1
Where an application is made to which article 4F of the Town and Country Planning (General Development Procedure) Order 1995 applies (applications for non-material changes to planning permission) the following fees shall be paid to the local authority —
a
if the application is a householder application, £25;
b
in any other case, £170.
2
In paragraph (1) “householder application” has the same meaning as in article 1(2) of the Town and Country Planning (General Permitted Development) Order 1995 .
.
5
In Schedule 1 after paragraph 7A insert —
Fee for applications for a grant of replacement planning permission subject to a new time limit: England
7B
1
Where an application of the description contained in article 10B(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995 is made (consultations before grant of a replacement planning permission subject to a new time limit) the following fees shall be paid to the local planning authority —
a
if the application is a householder application, £50;
b
if the application is an application for major development, £500;
c
in any other case, £170.
2
In this paragraph “householder application” and “major development” have the same meaning as in article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995 .
.
6
In paragraph 9(b) of Part 2 (scale of fees in respect of applications made or deemed to be made on or after 6th April 2008) of Schedule 1, for “£250,000” substitute “£1,690”.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th February 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Transfer of Tribunal Functions Order 2010 and, subject to paragraph (2), comes into force on 18th January 2010.
2
The following provisions of this Order come into force on 6th April 2010 —
a
paragraph (5);
b
article 2(2), (3)(b) and (4);
c
article 3 in respect of the Financial Services and Markets Tribunal;
d
Schedule 1 in respect of the Financial Services and Markets Tribunal and the Pensions Regulator Tribunal;
e
in Schedule 2, paragraphs 3(c)(i), 4(c), 5 to 9, 12 to 14, 15(c), 17(b), 18(b), 20 to 23, 43 to 49, 74 to 89, 92(h) to (k) and 141 to 151;
f
in Schedule 3, paragraphs 16 to 38, 90 to 94, 140 to 142, 143(d), 144 to 146, 148 to 158, 176 to 189 and 191 to 200; and
g
Part 2 of Schedule 4.
3
Subject as follows, this Order extends to England and Wales, Scotland and Northern Ireland.
4
Except as provided by paragraph (5), an amendment, repeal or revocation of any enactment by any provision of Schedule 2, 3 or 4 extends to the part or parts of the United Kingdom to which the enactment extends.
5
The amendments, repeals and revocations made by the following provisions do not extend to Northern Ireland —
a
in Schedule 2, paragraphs 5(b), 9(b), 77 to 79, 83 to 85, 88, 142(b) and 143(b);
b
in Schedule 3, paragraphs 90 to 94;
c
in Part 2 of Schedule 4, the entries relating to —
i
the Tribunals, Courts and Enforcement Act 2007 in so far as it relates to paragraph 40 of Schedule 10;
ii
the Pensions Act 2008 ;
iii
the Pensions Regulator Tribunal Rules 2005 ; and
iv
the Lord Chancellor (Transfer of Functions and Supplementary Provisions) ( No. 2) Order 2006 .
Transfer of functions of certain tribunals
2
1
The functions of the following tribunals are transferred to the First-tier Tribunal —
a
tribunals drawn from the Adjudication Panel for England;
b
the Claims Management Services Tribunal;
c
the Gambling Appeals Tribunal;
d
the Immigration Services Tribunal; and
e
the Family Health Services Appeal Authority.
2
The functions of the Financial Services and Markets Tribunal are transferred to the Upper Tribunal.
3
The functions of the following tribunals are transferred to the First-tier Tribunal and the Upper Tribunal with the question as to which one of them is to exercise the functions in a particular case being determined by, or under, Tribunal Procedure Rules —
a
the Information Tribunal; and
b
subject to paragraph (4), the Pensions Regulator Tribunal.
4
The functions of the Pensions Regulator Tribunal exercisable in relation to Northern Ireland are not transferred.
Abolition of tribunals
3
The tribunals mentioned in article 2(1), (2) and (3)(a) are abolished.
Persons becoming judges and other members of the First-tier Tribunal and the Upper Tribunal
4
A person who, immediately before this Order comes into force, holds an office listed in a part of Schedule 1, is to hold the office or offices set out in the corresponding entry in the table below.
Part of Schedule 1 Office or offices
Part 1 Transferred-in judge of the Upper Tribunal Part 2 Transferred-in other member of the Upper Tribunal Part 3 Deputy judge of the Upper Tribunal and transferred in judge of the First-tier Tribunal Part 4 Transferred-in judge of the First-tier Tribunal Part 5 Transferred-in other member of the First-tier Tribunal
Consequential, transitional and saving provisions
5
1
Schedule 2 contains amendments to primary legislation as a consequence of the transfers effected by this Order.
2
Schedule 3 contains amendments to secondary legislation as a consequence of the transfers effected by this Order.
3
Schedule 4 contains repeals and revocations as a consequence of the amendments in Schedules 2 and 3.
4
Schedule 5 contains transitional and saving provisions.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
6th January 2010


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Hill Farm Allowance Regulations 2010;
b
come into force on 24th February 2010;
c
apply only in relation to holdings situated wholly or partly in England.
Interpretation
2
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for hill farm allowance made in a single payment scheme application;
“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 or the Commons Act 2006 ;
“Council Regulation 1257/1999” means Council Regulation ( EC ) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 73/2009” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005 , (EC) No 247/2006 , (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;
“the England LFA maps” has the meaning given in regulation 3;
“ewe” means a female sheep which was at least one year old on 1st January 2010, or had lambed by that date;
“forage area” has the same meaning as in Article 2(k) of Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation 73/2009 ;
“heifer” means a female bovine animal aged 8 months or over which has not yet calved;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 2(b) of Council Regulation 73/2009;
“individual quota” has the same meaning as in Article 65(i) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers under the age of 24 months; and
6.67 ewes;
“moorland” has the meaning given in regulation 4;
“notional livestock density” means the number of livestock units per hectare of the claimant’s disadvantaged land and severely disadvantaged land, calculated in accordance with Schedule 1 (notional livestock density);
“other competent authority” means the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” means non-rotational land used for grass production (sown or natural) on a permanent basis (five years or longer);
“qualifying forage area” means the claimed forage area or, where regulation 8 applies, such part of that area as remains following deductions made to it in accordance with that regulation;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;
“relevant animals” means, in relation to a claimant, the breeding cows and ewes determined as relevant animals in accordance with Schedule 2 (relevant animals);
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 73/2009;
“single payment scheme application” means an application to the single payment scheme submitted in 2009 in accordance with Article 19 of Council Regulation 73/2009 and Title II of Part II of Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation 73/2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ;
“suckler cow” has the same meaning as in Article 109(d) of Council Regulation 73/2009.
Meaning of the England LFA maps
3
In these Regulations “the England LFA maps” means —
a
where a claimant agreed with the Secretary of State before 28th February 2009 that the Less Favoured Area Map of England 2009 will apply to the claim for hill farm allowance for 2010, the four volumes of maps numbered 1 to 4, each volume being marked “Less Favoured Area Map of England 2009”, marked with the date on which these Regulations are made, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
b
otherwise, the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL.
Meaning of moorland
4
In these Regulations “moorland” means —
a
where a claimant agreed with the Secretary of State before 28th February 2009 that the Moorland Map of England 2009 will apply to the claim for hill farm allowance for 2010, all the land shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, marked with the date on which these Regulations are made, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
b
otherwise, all the land shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2007”, each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL.
Payment of hill farm allowance
5
1
The Secretary of State must pay hill farm allowance for 2010 to a claimant who is eligible under regulation 6.
2
The Secretary of State must only pay such allowance in respect of eligible forage area that does not exceed 700 hectares.
Eligibility for hill farm allowance
6
1
A claimant who satisfies the conditions in paragraph (2) is eligible for hill farm allowance.
2
The conditions are that —
a
the claim relates to at least —
i
ten hectares of severely disadvantaged land in England, or
ii
one hectare of severely disadvantaged land in England, where the claimant is eligible for a related less favoured area allowance in another part of the United Kingdom;
b
subject to paragraph (5), the notional livestock density is not less than 0.15 on land that is —
i
less favoured area in England, and
ii
in the claimant’s holding; and
c
the land referred to in sub-paragraphs (a) and (b) —
i
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2009 to 31st March 2009 inclusive, and
ii
during that seven-month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of at least four months.
3
But a claimant who is in breach of the agricultural undertaking is not eligible for hill farm allowance, unless the Secretary of State considers it reasonable in all the circumstances that the breach should not affect the claimant’s eligibility.
4
Subject to Schedule 5 paragraph (8), a claimant who ceases to farm does not breach the undertaking referred to in paragraph (3) provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
5
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient given the circumstances of any particular case or group of cases.
6
A claimant must provide such information as the Secretary of State reasonably requires to enable a determination under paragraph (5) to be made.
7
The Secretary of State must notify the claimant of any such determination in writing or, where the determination is made in relation to more than one case, publish that determination in such way as the Secretary of State thinks fit.
8
For the purposes of paragraph (2)(c), land is taken to be available to be used for grazing or to have a forage crop taken from it if it is not so available only as a result of an agri-environment agreement.
9
In this regulation, “agri-environment agreement” means —
a
an agreement made as part of a scheme made under Article 39 of Council Regulation 1698/2005, or
b
such other agreement involving environmental commitments as the Secretary of State thinks fit.
10
In paragraph (3), the “agricultural undertaking” means the undertaking given by the claimant pursuant to Article 14(2) of Council Regulation 1257/1999 or Article 37(2) of Council Regulation 1698/2005 to pursue farming activity in a less favoured area for at least five years from the date of the first payment to that person in a claim made under these Regulations or any of the Hill Farm Allowance Regulations 2005 to 2009 .
Amount of payment
7
1
The Secretary of State must pay hill farm allowance at the rates specified in this regulation.
2
For the qualifying forage area of land specified in column 1 of the table in Schedule 3 (payment rates per hectare), the rate payable per hectare is that specified in —
a
column 2 of that table for the first 350 hectares, and
b
column 3 for the next 350 hectares.
3
The amount of any payment must be increased by 5% if either condition A or condition B is met, and by 10% if both those conditions are met.
4
Condition A is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with arable crops in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2004.
5
Condition B is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with woodland in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2004.
6
The Secretary of State may also increase the amount of any payment by up to 10% if the fund available for hill farm allowance is greater than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is smaller than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be greater than anticipated.
7
The Secretary of State may decrease the amount of any payment by up to 10% if that fund is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is greater than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be smaller than anticipated.
8
Any increase applied under paragraph (6) or decrease applied under paragraph (7) must be applied in the same proportion to each claimant’s payment.
9
In paragraphs (4) and (5), “other financial support” does not include financial support from the single payment scheme.
10
The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.
Deductions from claimed forage area
8
Schedule 4 (availability of individual quotas: deductions from claimed forage area) has effect.
Holdings situated partly outside England
9
Schedule 5 (holdings situated partly outside England) has effect.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th January 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010 and come into force on 1st October 2011.
2
These Regulations apply in relation to England.
Prohibition of the sale of tobacco from vending machines
2
1
The sale of tobacco from an automatic machine is prohibited.
2
The person who controls, or is concerned with the management of, the premises where the automatic machine is located shall be liable for a breach of paragraph (1).
3
In this regulation —
“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
17th March 2010