text:
PART 1
General
Citation and commencement
1
1
These Regulations may be cited as the Care Planning, Placement and Case Review (England) Regulations 2010 and come into force on 1st April 2011.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Children Act 1989;
“the 2002 Regulations ” means the Fostering Services Regulations 2002 ;
“appropriate person” means —
P, where C is to live, or lives, with P;
F, where C is to be placed, or is placed, with F;
where C is to be placed, or is placed, in a children’s home, the person who is registered under Part 2 of the Care Standards Act 2000 in respect of that home; or
where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), the person who will be responsible for C at the accommodation;
“area authority” means the local authority for the area in which C is placed, or is to be placed, where this is different from the responsible authority;
“C” means a child who is looked after by the responsible authority ;
“care plan” means the plan for the future care of C prepared in accordance with Part 2;
“case record” has the meaning given in regulation 49;
“connected person” has the meaning given in regulation 24;
“director of children’s services” means the officer of the responsible authority appointed for the purposes of section 18 of the Children Act 2004 ;
“F” means a person who is approved as a local authority foster parent and with whom it is proposed to place C or, as the case may be, with whom C is placed;
“fostering service provider” has the meaning given in regulation 2(1) of the 2002 Regulations;
“full assessment process” has the meaning given in regulation 24(2)(c);
“health plan” has the meaning given in regulation 5(b)(i);
“independent visitor” means the independent person appointed to be C’s visitor under section 23ZB;
“ IRO ” means the independent reviewing officer appointed for C’s case under section 25A(1);
“nominated officer” means a senior officer of the responsible authority nominated in writing by the director of children’s services for the purposes of these Regulations;
“P” means —
a person who is C’s parent;
a person who is not C’s parent but who has parental responsibility for C; or
where C is in the care of the responsible authority and there was a residence order in force with respect to C immediately before the care order was made, a person in whose favour the residence order was made ;
“pathway plan” has the meaning given in section 23E(1)(a);
“personal adviser” means the personal adviser arranged for C under paragraph 19C of Schedule 2 to the 1989 Act;
“personal education plan” has the meaning given in regulation 5(b)(ii);
“placement” means —
arrangements made by the responsible authority for C to live with P in accordance with section 22C(2), where C is in the care of the responsible authority, or
arrangements made by the responsible authority to provide for C’s accommodation and maintenance by any of the means specified in section 22C(6);
“placement plan” has the meaning given in regulation 9(1)(a);
“R” means the representative of the responsible authority who is appointed to visit C in accordance with arrangements made by them under section 23ZA;
“responsible authority” means the local authority that looks after C;
“special educational needs” and “special educational provision” have the meanings given in section 312 of the Education Act 1996 ;
“temporary approval” has the meaning given in regulation 24(1); and
“working day” means any day other than —
a Saturday or a Sunday,
Christmas day or Good Friday, or
a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971
.
2
In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies of original documents and electronic methods of recording information.
3
Save as otherwise appears —
a
any reference in these Regulations to a numbered section is a reference to that section in the 1989 Act; and
b
any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to that regulation, Part or Schedule in these Regulations.
3
These Regulations do not apply in relation to any child who is looked after by a local authority and who has been placed for adoption under the Adoption and Children Act 2002 .
PART 2
Arrangements for looking after a child
Care planning
4
1
Where C is not in the care of the responsible authority and a care plan for C has not already been prepared, the responsible authority must assess C’s needs for services to achieve or maintain a reasonable standard of health or development, and prepare such a plan.
2
Except in the case of a child to whom section 31A ( care orders: care plans ) applies , or where paragraph (6) applies, the care plan must be prepared before C is first placed by the responsible authority or, if it is not practicable to do so, within ten working days of the start of the first placement.
3
When assessing C’s needs under paragraph (1), the responsible authority must consider whether C’s placement meets the requirements of Part 3 of the 1989 Act.
4
Unless paragraph (5) applies, the care plan should, so far as is reasonably practicable, be agreed by the responsible authority with —
a
any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, or
b
if there is no such person, the person who was caring for C immediately before the responsible authority arranged a placement for C.
5
Where C is aged 16 or over and agrees to be provided with accommodation under section 20 , the care plan should be agreed with C by the responsible authority.
6
Where C was first placed by the responsible authority before 1 st April 2011, the care plan must be prepared as soon as reasonably practicable.
Preparation and content of the care plan
5
The care plan must include a record of the following information —
a
the long term plan for C’s upbringing (“the plan for permanence”),
b
the arrangements made by the responsible authority to meet C’s needs in relation to —
i
health, including the information set out in paragraph 1 of Schedule 1 (“the health plan”),
ii
education and training, including, so far as reasonably practicable, the information set out in paragraph 2 of Schedule 1 (“the personal education plan”),
iii
emotional and behavioural development,
iv
identity, with particular regard to C’s religious persuasion, racial origin and cultural and linguistic background,
v
family and social relationships and in particular the information set out in paragraph 3 of Schedule 1,
vi
social presentation, and
vii
self-care skills,
c
except in a case where C is in the care of the responsible authority but is not provided with accommodation by them by any of the means specified in section 22C, the placement plan,
d
the name of the IRO, and
e
details of the wishes and feelings of the persons listed in section 22(4) about the arrangements referred to in sub-paragraph (b) and the placement plan that have been ascertained and considered in accordance with section 22(4) and (5) and the wishes and feelings of those persons in relation to any change, or proposed change, to the care plan.
6
1
The responsible authority must keep C’s care plan under review in accordance with Part 6 and, if they are of the opinion some change is required, they must revise the care plan or prepare a new care plan accordingly.
2
Save as otherwise provided in these Regulations, the responsible authority must not make any significant change to the care plan unless the proposed change has first been considered at a review of C’s case.
3
Subject to paragraph (4), the responsible authority must give a copy of the care plan —
a
to C, unless it would not be appropriate to do so having regard to C’s age and understanding,
b
to P,
c
to the IRO,
d
where C is to be placed, or is placed, with F, to the fostering service provider that approved F in accordance with the 2002 Regulations,
e
where C is to be placed, or is placed, in a children’s home, to the person who is registered under Part 2 of the Care Standards Act 2000 in respect of that home, and
f
where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), to the person who will be responsible for C at the accommodation.
4
The responsible authority may decide not to give a copy of the care plan, or a full copy of the care plan, to P if to do so would put C at risk of significant harm.
Health care
7
1
Before C is first placed by them or, if that is not reasonably practicable, before the first review of C’s case, the responsible authority must make arrangements for a registered medical practitioner to —
a
carry out an assessment of C’s state of health, and
b
provide a written report of the assessment, addressing the matters specified in paragraph 1 of Schedule 1,
as soon as reasonably practicable.
2
Paragraph (1) does not apply if, within a period of three months immediately preceding the placement, an assessment of C’s state of health has been carried out and the responsible authority has obtained a written report that meets the requirements of that paragraph.
3
The responsible authority must make arrangements for a registered medical practitioner or a registered nurse or registered midwife acting under the supervision of a registered medical practitioner to review C’s state of health and provide a written report of each review, addressing the matters specified in paragraph 1 of Schedule 1 —
a
at least once in every period of six months before C’s fifth birthday, and
b
at least once in every period of 12 months after C’s fifth birthday.
4
Paragraphs (1) and (3) do not apply if C refuses consent to the assessment, being of sufficient age and understanding to do so.
5
The responsible authority must take all reasonable steps to ensure that C is provided with appropriate health care services, in accordance with the health plan, including —
a
medical and dental care and treatment, and
b
advice and guidance on health, personal care and health promotion issues.
Contact with a child in care
8
1
This regulation applies if C is in the care of the responsible authority and they have decided under section 34(6) ( refusal of contact as a matter of urgency ) to refuse to allow contact that would otherwise be required by virtue of section 34(1) or an order under section 34 ( parental contact etc. with children in care ).
2
The responsible authority must immediately give written notification to the following persons of the information specified in paragraph (3) (“the specified information”) —
a
C, unless it would not be appropriate to do so having regard to C’s age and understanding,
b
P,
c
where, immediately before the care order was made, a person had care of C by virtue of an order made in exercise of the High Court’s inherent jurisdiction with respect to children, that person,
d
any other person whose wishes and feelings the responsible authority consider to be relevant, and
e
the IRO.
3
The specified information is —
a
the responsible authority’s decision,
b
the date of the decision,
c
the reasons for the decision,
d
the duration of the decision (if applicable), and
e
remedies available in case of dissatisfaction.
4
The responsible authority may depart from the terms of any order made under section 34 by agreement with the person in relation to whom the order is made, provided that —
a
C, being of sufficient age and understanding, also agrees, and
b
written notification of the specified information is given within five working days to the persons listed in paragraph (2).
5
Where the responsible authority has decided to vary or suspend any arrangements made (otherwise than under an order under section 34) with a view to affording any person contact with C, the responsible authority must immediately give written notification containing the specified information to the persons listed in paragraph (2).
6
The responsible authority must record any decision made under this regulation in C’s care plan.
PART 3
Placements – general provisions
Placement plan
9
1
Subject to paragraphs (2) and (4), before making arrangements in accordance with section 22C for C’s placement, the responsible authority must —
a
prepare a plan for the placement (“the placement plan”) which —
i
sets out how the placement will contribute to meeting C’s needs, and
ii
includes all the matters specified in Schedule 2 as are applicable, having regard to the type of the placement, and
b
ensure that —
i
C’s wishes and feelings have been ascertained and given due consideration, and
ii
the IRO has been informed.
2
If it is not reasonably practicable to prepare the placement plan before making the placement, the placement plan must be prepared within five working days of the start of the placement.
3
The placement plan must be agreed with, and signed by, the appropriate person.
4
Where the arrangements for C’s placement were made before 1 st April 2011, the responsible authority must prepare the placement plan as soon as reasonably practicable.
Avoidance of disruption in education
10
1
Subject to paragraphs (2) and (3), if C is a registered pupil at a school in the fourth key stage, a decision to make any change to C’s placement that would have the effect of disrupting the arrangements made for C’s education must not be put into effect until it has been approved by a nominated officer .
2
Before approving a decision under paragraph (1), the nominated officer must be satisfied that —
a
the requirements of regulation 9(1)(b)(i) have been complied with,
b
the educational provision made for C at the placement will promote C’s educational achievement and is consistent with C’s personal education plan,
c
the designated teacher at the school has been consulted, and
d
the IRO has been consulted.
3
Paragraph (1) does not apply in any case where —
a
the responsible authority terminates C’s placement in accordance with regulation 14(3), or
b
it is necessary for any other reason to change C’s placement in an emergency,
and in such a case the responsible authority must make appropriate arrangements to promote C’s educational achievement as soon as reasonably practicable.
4
In any case not falling within paragraph (1), but where the responsible authority propose making any change to C’s placement that would have the effect of disrupting the arrangements made for C’s education or training, the responsible authority must ensure that other arrangements are made for C’s education or training that meet C’s needs and are consistent with C’s personal education plan.
5
In this regulation —
a
“registered pupil” has the meaning given in section 20(7) of the Children and Young Persons Act 2008 , and
b
“school” has the meaning given in section 4 of the Education Act 1996 .
Placement out of area
Placement decision
11
1
Subject to paragraphs (3) and (4), a decision to place C outside the area of the responsible authority (including a placement outside England) must not be put into effect until it has been approved by a nominated officer.
2
Before approving a decision under paragraph (1), the nominated officer must be satisfied that —
a
the requirements of regulation 9(1)(b)(i) have been complied with,
b
the placement is the most appropriate placement available for C and consistent with C’s care plan,
c
C’s relatives have been consulted, where appropriate,
d
the area authority have been notified, and
e
the IRO has been consulted.
3
In the case of a placement made in an emergency, paragraph (2) does not apply and before approving a decision under paragraph (1) the nominated officer must —
a
be satisfied that regulation 9(1)(b)(i) and the requirements of sub-paragraph (2)(b) have been complied with, and
b
take steps to ensure that regulation 9(1)(b)(ii) and the requirements set out in sub-paragraphs (2)(c) and (d) are complied with by the responsible authority within five working days of approval of the decision under paragraph (1).
4
Paragraphs (1) and (2) do not apply to a decision to place C outside the area of the responsible authority with —
a
F who is a connected person, or
b
F who is approved as a local authority foster parent by the responsible authority.
Placements outside England and Wales
12
1
This regulation applies if —
a
C is in the care of the responsible authority, and
b
the responsible authority make arrangements to place C outside England and Wales in accordance with the provisions of paragraph 19 of Schedule 2 to the 1989 Act ( placement of a child in care outside England and Wales ).
2
The responsible authority must take steps to ensure that, so far as is reasonably practicable, requirements corresponding with the requirements which would have applied under these Regulations had C been placed in England, are complied with.
3
The responsible authority must include in the care plan details of the arrangements made by the responsible authority to supervise C’s placement.
Notification of placement
13
1
Subject to paragraph (3), the responsible authority must give written notification to the persons listed in paragraph (2) of the arrangements for C’s placement before the placement is made or, if the placement is made in an emergency, within five working days of the start of the placement, unless it is not reasonably practicable to do so.
2
The persons referred to in paragraph (1) are —
a
C, unless it would not be appropriate to do so having regard to C’s age and understanding,
b
P,
c
if C is in the care of the responsible authority, any person who is allowed contact with C under section 34(1) and any person who has contact with C by virtue of an order under section 34,
d
if C is looked after but is not in the care of the responsible authority, any person who has contact with C pursuant to an order made under section 8 ( residence,contact and other orders with respect to children ),
e
any person who was caring for C immediately before the arrangements were made,
f
the Primary Care Trust (or in the case of a child living or to be placed in Wales, the local health board) for the area in which C is living and, if different, for the area in which C is to be placed,
g
C’s registered medical practitioner and, where applicable, the registered medical practitioner with whom C is to be registered during the placement,
h
any educational institution attended by, or person providing education or training for, C, and
i
the IRO.
3
The responsible authority may decide not to give notification to any of the persons listed in sub-paragraphs (b) to (e) if to do so would put C at risk of significant harm.
Termination of placement by the responsible authority
14
1
Subject to paragraphs (3) and (5), the responsible authority may only terminate C’s placement following a review of C’s case in accordance with Part 6.
2
Subject to paragraphs (3) and (4), before terminating C’s placement, the responsible authority must —
a
make other arrangements for C’s accommodation, in accordance with section 22C,
b
inform the IRO,
c
so far as is reasonably practicable, give written notification of their intention to terminate the placement to —
i
all the persons to whom notification of the placement was given under regulation 13,
ii
the person with whom C is placed,
iii
where C is placed in the area of another local authority, that authority.
3
Where there is an immediate risk of significant harm to C, or to protect others from serious injury, the responsible authority must terminate C’s placement, and in those circumstances —
a
paragraph (1) does not apply, and
b
they must comply with paragraph (2)(a) and (b) as soon as reasonably practicable.
4
If it is not reasonably practicable to notify any person in accordance with paragraph (2)(c), then the responsible authority must give written notification to that person, within ten working days of the date on which the placement is terminated, of the fact that the placement has been terminated.
5
This regulation does not apply where C’s placement is terminated under regulation 19(c), regulation 23(2) or regulation 25(6), nor where section 22D ( review of child’s case before making alternative arrangements for accommodation ) applies.
PART 4
Provision for different types of placement
CHAPTER 1
Placement of a child in care with P
Application
15
1
This Chapter applies if C is in the care of the responsible authority and they, acting in accordance with section 22C(2), propose to place C with P.
2
Nothing in this Chapter requires the responsible authority to remove C from P’s care if C is living with P before a placement decision is made about C.
Effect of contact order
16
The responsible authority must not place C with P if to do so would be incompatible with any order made by the court under section 34.
Assessment of P’s suitability to care for a child
17
Before deciding to place C with P, the responsible authority must —
a
assess the suitability of P to care for C, including the suitability of —
i
the proposed accommodation, and
ii
all other persons aged 18 and over who are members of the household in which it is proposed that C will live,
b
take into account all the matters set out in Schedule 3 in making their assessment,
c
consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the placement will safeguard and promote C’s welfare and meet C’s needs set out in the care plan, and
d
review C’s case in accordance with Part 6.
Decision to place a child with P
18
1
The decision to place C with P must not be put into effect until it has been approved by a nominated officer, and the responsible authority have prepared a placement plan for C.
2
Before approving a decision under paragraph (1), the nominated officer must be satisfied that-
a
the requirements of regulation 9(1)(b)(i) have been complied with,
b
the requirements of regulation 17 have been complied with,
c
the placement will safeguard and promote C’s welfare, and
d
the IRO has been consulted.
Circumstances in which a child may be placed with P before assessment completed
19
Where the nominated officer considers it to be necessary and consistent with C’s welfare, the responsible authority may place C with P before their assessment under regulation 17 (“the assessment”) is completed provided that they —
a
arrange for P to be interviewed in order to obtain as much of the information specified in Schedule 3 about P and the other persons living in P’s household who are aged 18 and over as can be readily ascertained at that interview,
b
ensure that the assessment and the review of C’s case are completed in accordance with regulation 17 within ten working days of C being placed with P, and
c
ensure that a decision in accordance with regulation 18 is made and approved within ten working days after the assessment is completed, and —
i
if the decision is to confirm the placement, review the placement plan and, if appropriate amend it, and
ii
if the decision is not to confirm the placement, terminate the placement.
Support for P
20
Where C is placed, or is to be placed, with P, the responsible authority must provide such services and support to P as appear to them to be necessary to safeguard and promote C’s welfare and must record details of such services and support in C’s care plan.
CHAPTER 2
Placement with local authority foster parents
Interpretation
21
1
In this Chapter “registered person” has the same meaning as in the 2002 Regulations
.
2
Where C is placed jointly with two persons each of whom is approved as a local authority foster parent, any reference in these Regulations to a local authority foster parent is to be interpreted as referring equally to both such persons and any requirement to be satisfied by or relating to a particular local authority foster parent must be satisfied by, or treated as relating to, both of them.
Conditions to be complied with before placing a child with a local authority foster parent
22
1
This regulation applies where the responsible authority propose to place C with F.
2
The responsible authority may only place C with F if —
a
F is approved by —
i
the responsible authority, or
ii
provided that the conditions specified in paragraph (3) are also satisfied, another fostering service provider,
b
the terms of F’s approval are consistent with the proposed placement, and
c
F has entered into a foster care agreement either with the responsible authority or with another fostering service provider in accordance with regulation 28(5)(b) of the 2002 Regulations.
3
The conditions referred to in paragraph (2)(a)(ii) are that —
a
the fostering service provider by whom F is approved consents to the proposed placement, and
b
where any other local authority currently have a child placed with F, that local authority consents to the proposed placement.
Emergency placement with a local authority foster parent
23
1
Where it is necessary to place C in an emergency, the responsible authority may place C with any local authority foster parent who has been approved in accordance with the 2002 Regulations, even if the terms of that approval are not consistent with the placement, provided that the placement is for no longer than six working days.
2
When the period of six working days referred to in paragraph (1) expires, the responsible authority must terminate the placement unless the terms of that person’s approval have been amended to be consistent with the placement.
Temporary approval of relative, friend or other person connected with C
24
1
Where the responsible authority is satisfied that —
a
the most appropriate placement for C is with a connected person, notwithstanding that the connected person is not approved as a local authority foster parent, and
b
it is necessary for C to be placed with the connected person before the connected person’s suitability to be a local authority foster parent has been assessed in accordance with the 2002 Regulations,
they may approve that person as a local authority foster parent for a temporary period not exceeding 16 weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2).
2
Before making a placement under paragraph (1), the responsible authority must —
a
assess the suitability of the connected person to care for C, including the suitability of —
i
the proposed accommodation, and
ii
all other persons aged 18 and over who are members of the household in which it is proposed that C will live,
taking into account all the matters set out in Schedule 4,
b
consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan, and
c
make immediate arrangements for the suitability of the connected person to be a local authority foster parent to be assessed in accordance with the 2002 Regulations (“the full assessment process”) before the temporary approval expires.
3
In this regulation “connected person” means a relative, friend or other person connected with C.
Expiry of temporary approval
25
1
Subject to paragraph (4), the responsible authority may extend the temporary approval of a connected person if —
a
it is likely to expire before the full assessment process is completed, or
b
the connected person, having undergone the full assessment process, is not approved and seeks a review of the decision in accordance with Regulations made under paragraph 12F(1)(b) of Schedule 2 to the 1989 Act
.
2
In a case falling within paragraph (1)(a), the responsible authority may extend the temporary approval once for a further period of up to eight weeks.
3
In a case falling within paragraph (1)(b), the responsible authority may extend the temporary approval until the outcome of the review is known.
4
Before deciding whether to extend the temporary approval in the circumstances set out in paragraph (1), the responsible authority must first —
a
consider whether placement with the connected person is still the most appropriate placement available,
b
seek the views of the fostering panel established by the fostering service provider in accordance with the 2002 Regulations, and
c
inform the IRO.
5
A decision to extend temporary approval must be approved by a nominated officer.
6
If the period of temporary approval and of any extension to that period expires and the connected person has not been approved as a local authority foster parent in accordance with the 2002 Regulations, the responsible authority must terminate the placement after first making other arrangements for C’s accommodation.
Independent fostering agencies – discharge of responsible authority functions
26
1
A responsible authority may make arrangements in accordance with this regulation for the duties imposed on it as responsible authority by regulation 14(3) and regulation 22 to be discharged on their behalf by a registered person.
2
No arrangements may be made under this regulation unless the responsible authority has entered into a written agreement with the registered person which includes the information set out in paragraph 1 of Schedule 5, and where the responsible authority proposes to make an arrangement under this regulation in relation to a particular child, the written agreement must also include the matters set out in paragraph 2 of Schedule 5.
3
The responsible authority must report to the Chief Inspector of Education, Children’s Services and Skills any concerns they may have about the services provided by a registered person.
CHAPTER 3
Other arrangements
General duties of the responsible authority when placing a child in other arrangements
27
Before placing C in accommodation in an unregulated setting under section 22C(6)(d), the responsible authority must —
a
be satisfied that the accommodation is suitable for C, having regard to the matters set out in Schedule 6,
b
unless it is not reasonably practicable, arrange for C to visit the accommodation, and
c
inform the IRO.
PART 5
Visits by the responsible authority’s representative etc.
Frequency of visits
28
1
As part of their arrangements for supervising C’s welfare, the responsible authority must ensure that their representative (“R”) visits C in accordance with this regulation, wherever C is living.
2
Subject to paragraphs (3) to (6), the responsible authority must ensure that R visits C —
a
within one week of the start of any placement,
b
at intervals of not more than six weeks for the first year of any placement, and
c
thereafter —
i
where the placement is intended to last until C is aged 18, at intervals of not more than three months,
ii
and in any other case, at intervals of not more than six weeks.
3
Where regulation 19 applies, the responsible authority must ensure that R visits C —
a
at least once a week until the first review carried out in accordance with Part 6, and
b
thereafter at intervals of not more than six weeks.
4
Where regulation 24 applies, or where an interim care order has been made in relation to C under section 38 ( interim orders ) and C is living with P, the responsible authority must ensure that R visits C —
a
at least once a week until the first review carried out in accordance with Part 6, and
b
thereafter at intervals of not more than four weeks.
5
Where a care order has been made in relation to C under section 31 ( care and supervision orders ) and C is living with P, the responsible authority must ensure that R visits C —
a
within one week of the making of the care order, and
b
thereafter at intervals of not more than six weeks.
6
Where C is in the care of the responsible authority but another person is responsible for the arrangements under which C is living for the time being (“C’s living arrangements”), the responsible authority must ensure that R visits C —
a
within one week of the start of C’s living arrangements and within one week of any change to C’s living arrangements,
b
at intervals of not more that six weeks for the first year thereafter, and
c
at intervals of not more than three months in any subsequent year.
7
In addition to visits in accordance with paragraphs (2) to (6), the responsible authority must ensure that R visits C —
a
whenever reasonably requested to do so by —
i
C,
ii
where paragraphs (2), (3) or (4) apply, the appropriate person, or
iii
where paragraph (5) applies, the person responsible for C’s living arrangements,
b
within one week of first receiving notification under section 30A of the Care Standards Act 2000 ( notification of matters relating to persons carrying on or managing certain establishments or agencies ), where the children’s home in which C is placed for the time being is referred to in that notification.
Conduct of visits
29
On each visit, R must speak to C in private unless —
a
C, being of sufficient age and understanding to do so, refuses,
b
R considers it inappropriate to do so, having regard to C’s age and understanding, or
c
R is unable to do so.
Consequences of visits
30
Where, as the result of a visit carried out in accordance with this Part, R’s assessment is that C’s welfare is not adequately safeguarded and promoted by the placement, the responsible authority must review C’s case in accordance with Part 6.
Advice, support and assistance for the child
31
When making arrangements in accordance with section 23ZA(2)(b) for advice, support and assistance to be available to C between R’s visits, the responsible authority must ensure that —
a
the arrangements —
i
are appropriate having regard to C’s age and understanding, and
ii
give due consideration to C’s religious persuasion, racial origin, cultural and linguistic background and to any disability C may have, and
b
so far as is reasonably practicable having regard to C’s age and understanding, C knows how to seek appropriate advice, support and assistance from them.
PART 6
Reviews of the child’s case
General duty of the responsible authority to review the child’s case
32
1
The responsible authority must review C’s case in accordance with this Part.
2
The responsible authority must not make any significant change to C’s care plan unless the proposed change has first been considered at a review of C’s case, unless this is not reasonably practicable.
3
Nothing in this Part prevents any review of C’s case being carried out at the same time as any other review assessment or consideration of C’s case under any other provision.
Timing of reviews
33
1
The responsible authority must first review C’s case within 20 working days of the date on which C becomes looked after.
2
The second review must be carried out not more than three months after the first, and subsequent reviews must be carried out at intervals of not more than six months.
3
The responsible authority must carry out a review before the time specified in paragraph (1) or (2) if —
a
the IRO so requests,
b
regulation 30 applies,
c
C is provided with accommodation under section 21(2)(b) or (c) and a review would not otherwise occur before C ceases to be so provided with accommodation,
d
C is in the care of the responsible authority and is detained in a secure training centre or a young offenders institution, and a review would not otherwise occur before C ceases to be so detained, or
e
C is looked after but is not in the care of the responsible authority and
i
the responsible authority propose to cease to provide accommodation for C, and
ii
accommodation will not subsequently be provided for C by C’s parents (or one of them) or any person who is not C’s parent but who has parental responsibility for C.
Conduct of reviews
Local authority’s policy on reviews
34
1
The responsible authority must prepare and implement a written policy regarding the manner in which they will review cases in accordance with this Part.
2
The responsible authority must provide a copy of their policy to —
a
C, unless it would not be appropriate to do so having regard to C’s age and understanding,
b
C’s parents, or any person who is not C’s parent but who has parental responsibility for C, and
c
any other person whose views the responsible authority consider to be relevant.
Considerations to which the responsible authority must have regard
35
The considerations to which the responsible authority must have regard in reviewing each case are set out in Schedule 7.
The role of the IRO
36
1
The IRO must —
a
so far as reasonably practicable, attend any meeting held as part of the review (“the review meeting”) and, if attending the review meeting, chair it,
b
speak to C in private about the matters to be considered at the review unless C, being of sufficient understanding to do so, refuses or the IRO considers it inappropriate having regard to C’s age and understanding,
c
ensure that, so far as reasonably practicable, the wishes and feelings of C’s parents, or any person who is not C’s parent but who has parental responsibility for C, have been ascertained and taken into account, and
d
ensure that the review is conducted in accordance with this Part and in particular —
i
that the persons responsible for implementing any decision taken in consequence of the review are identified, and
ii
that any failure to review the case in accordance with this Part or to take proper steps to implement decisions taken in consequence of the review are brought to the attention of an officer at an appropriate level of seniority within the responsible authority.
2
The IRO may, if not satisfied that sufficient information has been provided by the responsible authority to enable proper consideration of any of the matters in Schedule 7, adjourn the review meeting once for not more than 20 working days, and no proposal considered in the course of the review may be implemented until the review has been completed.
Arrangements for implementing decisions arising out of reviews
37
The responsible authority must —
a
make arrangements to implement decisions made in the course, or as a result, of the review, and
b
inform the IRO of any significant failure to make such arrangements, or any significant change of circumstances occurring after the review that affects those arrangements.
Records of reviews
38
The responsible authority must ensure that a written record of the review is prepared, and that the information obtained in the course of the review, details of proceedings at the review meeting, and any decisions made in the course, or as a result, of the review are included in C’s case record.
PART 7
Arrangements made by the responsible authority for ceasing to look after a child
Arrangements for ceasing to look after a child who is not an eligible child
39
In any case where —
a
C is not in the care of the responsible authority and is not an eligible child , and
b
C’s circumstances have changed such that the responsible authority are likely to cease to provide C with accommodation
the care plan must include details of the advice, assistance and support that the responsible authority intend to provide for C when C ceases to be looked after by them.
Eligible children
Meaning of eligible child
40
1
For the purposes of paragraph 19B(2)(b) of Schedule 2 to the 1989 Act ( meaning of eligible child ), the prescribed period is 13 weeks and the prescribed age is 14.
2
For the purposes of paragraph 19B(3)(b) of that Schedule, if C is a child to whom regulation 48 applies, C is not an eligible child despite falling within paragraph 19B(2) of that Schedule.
General duties
41
If C is an eligible child, the responsible authority must —
a
assess C’s needs in accordance with regulation 42, and
b
prepare C’s pathway plan, in accordance with regulation 43.
Assessment of needs
42
1
The responsible authority must complete the assessment of C’s needs in accordance with paragraph 19B(4) of Schedule 2 to the 1989 Act not more than three months after the date on which C reaches the age of 16 or becomes an eligible child after that age.
2
In carrying out their assessment of C’s likely needs when C ceases to be looked after, the responsible authority must take account of the following considerations —
a
C’s state of health (including physical, emotional and mental health) and development,
b
C’s continuing need for education, training or employment,
c
the support that will be available to C from C’s parents and other connected persons,
d
C’s actual and anticipated financial resources and capacity to manage personal finances independently,
e
the extent to which C possesses the practical and other skills necessary for independent living,
f
C’s need for continuing care, support and accommodation,
g
the wishes and feelings of —
i
C,
ii
any parent of C’s and any person who is not C’s parent but who has parental responsibility for C,
iii
the appropriate person,
h
the views of —
i
any person or educational institution that provides C with education or training and, if C has a statement of special educational needs, the local authority who maintain the statement (if different) ,
ii
the IRO,
iii
any person providing health (whether physical, emotional or mental health) or dental care or treatment to C,
iv
the personal adviser appointed for C, and
v
any other person whose views the responsible authority, or C, consider may be relevant.
The pathway plan
43
1
The pathway plan must be prepared as soon as possible after the assessment of C’s needs and must include, in particular —
a
C’s care plan, and
b
the information referred to in Schedule 8.
2
The pathway plan must, in relation to each of the matters referred to in paragraphs 2 to 10 of Schedule 8, set out —
a
the manner in which the responsible authority propose to meet C’s needs, and
b
the date by which, and by whom, any action required to implement any aspect of the plan will be carried out.
Functions of the personal adviser
44
The personal adviser’s functions in relation to C are to —
a
provide advice (including practical advice) and support,
b
participate in reviews of C’s case carried out under Part 6,
c
liaise with the responsible authority in the implementation of the pathway plan,
d
co-ordinate the provision of services and take reasonable steps to ensure C makes use of such services,
e
remain informed about C’s progress and wellbeing, and
f
maintain a written record of their contacts with C.
PART 8
Independent reviewing officers and independent visitors
Additional functions of independent reviewing officers
45
1
The IRO must ensure that, having regard to C’s age and understanding, C has been informed by the responsible authority of the steps C may take under the 1989 Act and in particular, where appropriate, of —
a
C’s rights to apply, with leave, for a section 8 order ( residence, contact and other orders with respect to children ) and, where C is in the care of the responsible authority, to apply for the discharge of the care order, and
b
the availability of the procedure established by them under section 26(3) for considering any representations (including complaints) C may wish to make about the discharge by the responsible authority of their functions, including the availability of assistance to make such representations under section 26A ( advocacy services ).
2
If C wishes to take legal proceedings under the 1989 Act, the IRO must —
a
establish whether an appropriate adult is able and willing to assist C to obtain legal advice or bring proceedings on C’s behalf, and
b
if there is no such person, assist C to obtain such advice.
3
In the following circumstances the IRO must consider whether it would be appropriate to refer C’s case to an officer of the Children and Family Court Advisory and Support Service —
a
in the opinion of the IRO, the responsible authority have failed in any significant respect to —
i
prepare C’s care plan in accordance with these Regulations,
ii
review C’s case in accordance with these Regulations, or effectively implement any decision taken in consequence of a review,
or are otherwise in breach of their duties to C in any material respect, and
b
having drawn the failure or breach to the attention of persons at an appropriate level of seniority within the responsible authority, it has not been addressed to the satisfaction of the IRO within a reasonable period of time.
4
When consulted by the responsible authority about any matter concerning C, or when informed of any matter relating to C in accordance with these Regulations, the IRO must —
a
ensure that the responsible authority have ascertained and, subject to C’s age and understanding, given due consideration to, C’s wishes and feelings concerning the matter in question, and
b
consider whether to request a review of C’s case.
Qualifications and experience of independent reviewing officers
46
1
The IRO must be registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales under section 56 of the Care Standards Act 2000 , or in a corresponding register maintained under the law of Scotland or Northern Ireland.
2
The IRO must have sufficient relevant social work experience with children and families to perform the functions of an independent reviewing officer set out in section 25B(1) and under these Regulations in an independent manner and having regard to C’s best interests.
3
The responsible authority must not appoint any of the following as the IRO —
a
a person involved in preparing C’s care plan or the management of C’s case,
b
R,
c
C’s personal adviser,
d
a person with management responsibilities in relation to a person mentioned in sub-paragraphs (a) to (c), or
e
a person with control over the resources allocated to the case.
Independent visitors
47
A person appointed by the responsible authority as an independent visitor under section 23ZB(1) is to be regarded as independent of that authority where the person appointed is not connected with the responsible authority by virtue of being —
a
a member of the responsible authority or any of their committees or sub-committees, whether elected or co-opted,
b
an officer of the responsible authority employed in relation to the exercise of the functions referred to in section 18(2) of the Children Act 2004 , or
c
a spouse, civil partner or other person (whether of different sex or the same sex) living in the same household as the partner of a person falling within sub-paragraph (a) or (b).
PART 9
Miscellaneous
Application of these Regulations with modifications to short breaks
48
1
In the circumstances set out in paragraph (2) these Regulations apply with the modifications set out in paragraph (3).
2
The circumstances are that —
a
C is not in the care of the responsible authority,
b
the responsible authority have arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and
c
the arrangement is such that —
i
no single placement is intended to last for longer than 17 days,
ii
at the end of each such placement, C returns to the care of C’s parent or a person who is not C’s parent but who has parental responsibility for C, and
iii
the short breaks do not exceed 75 days in total in any period of 12 months.
3
The modifications are that —
a
regulations 5 and 9 do not apply, but instead the care plan must set out the arrangements made to meet C’s needs with particular regard to —
i
C’s health and emotional and behavioural development, in particular in relation to any disability C may have,
ii
promoting contact between C and C’s parents and any other person who is not C’s parent but who has parental responsibility for C, during any period when C is placed,
iii
C’s leisure interests, and
iv
promoting C’s educational achievement,
and must include the name and address of C’s registered medical practitioner, and the information set out in paragraph 3 of Schedule 2, where appropriate,
b
regulations 7, 13 and 49(2)(b) do not apply,
c
regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C on days when C is in fact placed, at regular intervals to be agreed with the IRO and C’s parents (or any person who is not C’s parent but who has parental responsibility for C) and recorded in the care plan before the start of the first placement, and in any event —
i
the first visit must take place within three months of the start of the first placement, or as soon as practicable thereafter, and
ii
subsequent visits must take place at intervals of not more than six months, for as long as the short breaks continue,
d
regulation 33 does not apply, but instead —
i
the responsible authority must first review C’s case within three months of the start of the first placement, and
ii
the second and subsequent reviews must be carried out at intervals of not more than six months.
Records
Establishment of records
49
1
The responsible authority must establish and maintain a written case record for C (“C’s case record”), if one is not already in existence.
2
The case record must include —
a
C’s care plan, including any changes made to the care plan and any subsequent plans,
b
reports obtained under regulation 7,
c
any other document created or considered as part of any assessment of C’s needs, or of any review of C’s case,
d
any court order relating to C,
e
details of any arrangements that have been made by the responsible authority with any other local authority or with an independent fostering agency under regulation 26 and Schedule 5, or with a provider of social work services, under which any of the responsible authority’s functions in relation to C are discharged by that local authority or independent fostering agency or provider of social work services.
Retention and confidentiality of records
50
1
The responsible authority must retain C’s case record either —
a
until the seventy-fifth anniversary of C’s birth, or
b
if C dies before attaining the age of 18, for fifteen years beginning with the date of C’s death.
2
The responsible authority must secure the safe keeping of C’s case record and take any necessary steps to ensure that information contained in it is treated as confidential subject only to —
a
any provision of, or made under or by virtue of, a statute under which access to such a record or information may be obtained or given,
b
any court order under which access to such a record or information may be obtained or given.
Revocations
51
The Regulations set out in Schedule 9 are revoked.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
24th March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling) Order 2010.
2
This Order comes into force —
a
for the purposes of this article and article 2, on 31st March 2010; and
b
for the purposes of article 3, on 1st April 2010.
The levy ceiling
2
For the purposes of section 177 of the Pensions Act 2004 (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st April 2010 is £871,183,684.
Revocation of the Occupational Pension Schemes (Levy Ceiling) Order 2009
3
The Occupational Pension Schemes (Levy Ceiling) Order 2009 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
7th March 2010


text:
Citation and commencement
1
This order may be cited as the Civil Enforcement of Parking Contraventions Designation (No.2) (West Sussex) (Chichester and Crawley) Order 2010 and shall come into force on 12th April 2010.
Designation of civil enforcement area and special enforcement area under the Traffic Management Act 2004
2
The Secretary of State designates the part of the area of The West Sussex County Council specified in the schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
4th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010.
2
This Order comes into force on 6th April 2010.
3
In this Order —
“the 2009 Act ” means the Policing and Crime Act 2009,
“the 2007 Act ” means the London Local Authorities Act 2007 ,
“the 1986 Act ” means the Greater London Council (General Powers) Act 1986 ,
“the 1982 Act ” means the Local Government (Miscellaneous Provisions) Act 1982 ,
“local authority” has the meaning given by section 2(5) of the 1982 Act.
Repeal and saving of section 12 of the 1986 Act and provisions of Schedule 3 to the 1982 Act
2
1
Subject as follows, the following provisions are repealed —
a
section 12 of the 1986 Act (amendment of law relating to sex establishments), and
b
any provisions of Schedule 3 to the 1982 Act (control of sex establishments) so far as they have effect by virtue of section 12 of the 1986 Act.
2
Section 12 of the 1986 Act and any such provisions of Schedule 3 to the 1982 Act continue to apply on and after the commencement date in a relevant area until the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area.
3
Anything done or omitted to be done in relation to any sex encounter establishment under or in connection with any provision of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act is, if in force or effective immediately before the operative date, to be treated as if done or omitted to be done in relation to the premises as a sexual entertainment venue under or in connection with the corresponding provision of Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act so far as that is required for continuing its effect on or after the operative date and so far as the use of the premises is of a kind for which a licence for a sexual entertainment venue is required.
4
In particular and to this extent, a licence for a sex encounter establishment which is in force immediately before the operative date under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act is to be treated, on and after the operative date, as a licence for a sexual entertainment venue under Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act (and the licence is to be read as modified accordingly).
5
Paragraphs (3) and (4) are without prejudice to section 16 of the Interpretation Act 1978 (general provisions) (and, in particular, the continued operation in relation to any offence committed before the operative date of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act).
6
In this article —
“the commencement date” means 6th April 2010,
“the operative date”, in relation to a relevant area, means the day on which the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area,
“relevant area” means an area in relation to which the local authority have, before the commencement date, resolved that the amendments to Schedule 3 to the 1982 Act as set out in section 12(4) of the 1986 Act shall apply,
“premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the 1982 Act,
“sex encounter establishment” has the meaning given by paragraph 3A of Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act,
“sexual entertainment venue” has the meaning given by paragraph 2A of Schedule 3 to the 1982 Act.
Amendment of section 22 of the London Local Authorities Act 2004
3
After section 22(2A) of the London Local Authorities Act 2004 (soliciting for custom) insert —
2B
It shall be a defence in any proceedings for an offence under subsection (1)(b) if, at the time of the alleged offence —
a
the premises concerned were subject to a licence for a sexual entertainment venue under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982,
b
a waiver under paragraph 7 of that Schedule from the requirement for such a licence was in force, or
c
article 6(1) of the Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010 applied to the premises.
Amendment of section 33 of the 2007 Act
4
1
Subject to paragraphs (7) to (9), section 33 of the 2007 Act (hostess bars) is amended as follows.
2
For subsection (1)(b) there is substituted —
b
as from the appointed day as regards any other borough, where the borough council have resolved under section 2 of the Local Government (Miscellaneous Provisions) Act 1982 or paragraph 2(2) of Schedule 3 to the Policing and Crime Act 2009 that Schedule 3 to the Act of 1982 as amended by section 27 of the Act of 2009 is to apply to their area.
3
In subsection (3) for “sex encounter establishment” substitute “sex cinema”.
4
Subsections (4) and (7), and any provisions of Schedule 3 to the 1982 Act so far as they have effect by virtue of those subsections, are repealed.
5
In subsection (5) for “paragraph 3A” substitute “paragraph 3”.
6
In subsection (6) for “sex establishments” substitute “sex cinemas”.
7
The amendments made by this article do not apply to section 33 of the 2007 Act so far as it applies to the area of a local authority in relation to which section 12 of the 1986 Act continues to apply by virtue of article 2(2).
8
Paragraph (9) applies where section 33 of the 2007 Act is in operation in relation to a local authority immediately before section 12 of the 1986 Act ceases to apply in the area of the authority as mentioned in article 2(2).
9
Section 33 of the 2007 Act applies Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act in the area of the authority after that time subject to the modifications made by section 33 as amended by paragraphs (3) to (6) above.
Alan Campbell
Parliamentary Under–Secretary of State
Home Office
9th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Community Healthcare National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of trust
2
There is established a National Health Service trust which shall be called the Birmingham Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Western and North Wales Sea Fisheries District (Consequential and Transitional Provisions) Order 2010 and comes into force on 1st April 2010.
2
In this Order —
“the 1999 Order ” means the North Western and North Wales Sea Fisheries District Order 1999 ;
“the committee” means the committee reconstituted under article 3(1) of this Order;
“the North Western and North Wales Sea Fisheries District” means the sea fisheries district referred to in the 1999 Order;
“Wales” has the same meaning as in the Government of Wales Act 2006 .
Sea fisheries district
2
1
That part of the North Western and North Wales Sea Fisheries District lying outside Wales is to be treated as if it were a sea fisheries district created under section 1 of the Sea Fisheries Regulation Act 1966 .
2
The area which is to be treated as if it were a sea fisheries district by virtue of paragraph (1) is to be known as the North Western Sea Fisheries District.
Local fisheries committee
3
1
Subject to paragraph (2), the local fisheries committee that was constituted for the regulation of the sea fisheries carried on within the North Western and North Wales Sea Fisheries District is to continue in being as a local fisheries committee constituted for the regulation of sea fisheries carried on within the North Western Sea Fisheries District.
2
On and after 1st April 2010, article 3(2) to (11) of the 1999 Order applies in relation to the committee as if —
a
in article 3(2) of that Order —
i
for “thirty-eight” there were substituted “20”, and
ii
for the words from “and seventeen persons” to the end there were substituted “and 9 persons by the Secretary of State”;
b
in article 3(10) for “Eight” there were substituted “Six”; and
c
in the Schedule any reference to a county council or county borough council in Wales were omitted .
Expenses of the committee
4
On and after 1st April 2010, article 4 of the 1999 Order applies in relation to the committee as if in the Schedule to that Order —
a
any reference to a county council or county borough council in Wales were omitted; and
b
the proportions set out in column 3 for each constituent council in England were as follows —
Constituent council Proportion of expenses (%)
Blackpool Borough Council 6.7873 Cumbria County Council 26.2443 Lancashire County Council 44.6888 Sefton Metropolitan Borough Council 11.1183 Wirral Metropolitan Borough Council 11.1613
Byelaws
5
Any byelaw made by the committee and having effect immediately before 1st April 2010 in that part of the North Western and North Wales Sea Fisheries District lying outside Wales continues to have effect on and after that date in the North Western Sea Fisheries District as if made for that district by the committee.
Powers of the Environment Agency
6
1
The Environment Agency (“the Agency”) in England continues to have the powers of a local fisheries committee in respect of the rivers, streams and estuaries above the lines beyond which the North Western Sea Fisheries District does not extend by virtue of article 2(2) of the 1999 Order.
2
Any byelaw made by the Agency in exercise of the powers conferred on it by virtue of article 2(3) of the 1999 Order and having effect immediately before 1st April 2010 in any area within England continues to have effect on and after that date as if made for that area by the Agency.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010 and come into force on 10th March 2010.
Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
2
The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 are amended as follows:
1
Omit regulations 3, 4(2), 8 and 9.
2
For regulation 7 substitute —
Simplified procedure
7
1
The Commissioners may treat as abandoned for destruction goods which have been suspended from release or detained by virtue of regulation 4(1)(c) where the right-holder has informed the Commissioners in writing within the specified period that those goods infringe an intellectual property right and either of the following conditions applies —
a
the right-holder has provided the Commissioners with the written agreement of the declarant, the holder or the owner of the goods (“the interested parties”) that the goods may destroyed; or
b
none of the interested parties has specifically opposed the destruction of the goods within the specified period.
2
The Commissioners may not treat the goods as abandoned for destruction where one interested party has given its written agreement as mentioned in regulation 7(1)(a), but either or both of the other interested parties has specifically opposed destruction within the specified period.
3
The Commissioners may, at their discretion, accept the written agreement mentioned in regulation 7(1)(a) directly from the interested party.
4
Where goods are treated as abandoned for destruction by virtue of paragraph (1) —
a
the right-holder must bear the expense and the responsibility for the destruction of the goods, unless otherwise specified by the Commissioners; and
b
the Commissioners must retain a sample of the goods in such conditions that it can be used if required as evidence in legal proceedings.
5
The specified period means ten working days from receipt of the notification to the right-holder provided for in regulation 4(1)(b), or three working days in the case of perishable goods. The Commissioners may, at their discretion, extend this period by a further ten working days.
6
A reference in this regulation to the Commissioners is to be construed as including a reference to the Secretary of State .
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
15th February 2010


text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2010.
Code of Practice
2
The revised code of practice entitled “Revised Code of Practice for Conditional Cautions – Adults” laid before Parliament on 8 July 2009 shall come into force on the day after the day on which this Order comes into force.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
25th January 2010


text:
Citation and commencement
1
1
This order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2010.
2
Except for article 2(6) , so far as it adds the row relating to The Cornwall Council in the new Schedule 2, this order shall come into force on 1st March 2010.
3
Article 2(6) , so far as it adds the row relating to The Cornwall Council in the new Schedule 2, shall come into force on 1st April 2010.
Amendment of the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
2
1
The Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 (“the principal order”) is amended as follows.
2
In article 2, for “the Schedule”, wherever it appears, substitute “Schedule 1”.
3
After article 2, add —
3
Each authority listed in column (1) of Schedule 2 to this Order, whose area is wholly or partially designated by order as a civil enforcement area for parking contraventions under paragraph 8(1) of Schedule 8 to the Traffic Management Act 2004 , of which the reference number is given in column (2) of Schedule 2, is an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions).
.
4
At the start of the schedule to the principal order, for the heading “SCHEDULE” substitute “SCHEDULE 1”.
5
In the sub-heading to that schedule, for “APPROVED LOCAL AUTHORITIES” substitute “Approved local authorities whose area has been wholly or partially designated as a permitted and special parking area under the Road Traffic Act 1991 ”.
6
After that schedule, insert —
SCHEDULE 2
Approved local authorities whose area has been wholly or partially designated as a civil enforcement area under the Traffic Management Act 2004
(1) (2) Name of authority S.I. number of relevant order
City of Bradford Metropolitan District Council 2009/326 the Cheshire East Borough Council 2010/98 the Cheshire West and Chester Borough Council 2008/3198 The Cornwall Council 2010/98 The Derbyshire County Council 2009/19 The Devon County Council 2008/1051 The Borough Council of Dudley 2008/1764 The County Council of Durham 2008/2567 the Council of the City of Newcastle upon Tyne 2009/596 The North Lincolnshire Borough Council 2010/98 The Nottinghamshire County Council 2008/1086 The Rutland District Council 2008/1211 The St. Helens Borough Council 2008/3160 The Walsall Borough Council 2009/439
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
28th January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Work-focused Interviews etc.) (Equalisation of State Pension Age) Amendment Regulations 2010 and come into force on 6th April 2010.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
In regulation 6(2)(h)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (supersession of decisions) —
a
for “the age of 60” substitute “pensionable age”;
b
after “applies” insert “(and in this head “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 , save that a man born before 6th April 1955 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age)”.
Amendment of the Social Security (Work-focused Interviews) Regulations 2000
3
Regulation 6 of the Social Security (Work-focused Interviews) Regulations 2000 (continuing entitlement dependent upon an interview) is amended as follows —
a
in paragraph (1) for “the age of 60” substitute “pensionable age” ;
b
in paragraph (5) before the definition of “personal capability assessment” insert —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
4
1
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 are amended as follows.
2
In regulation 1(4) (citation, commencement and interpretation) after the definition of “officer” add —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age.
.
3
In regulation 4(1)(a) and (3)(a) (circumstances where requirement to take part in an interview does not apply) for “the age of 60” substitute “pensionable age”.
4
In regulation 8(3)(a) (reduction of income support) for “the age of 60” substitute “pensionable age”.
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2001
5
1
The Social Security (Jobcentre Plus Interviews) Regulations 2001 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “officer” insert —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
.
3
In regulation 4(1) (continuing entitlement dependent on an interview) for “the age of 60” substitute “pensionable age”.
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
6
1
The Social Security (Jobcentre Plus Interviews) Regulations 2002 are amended as follows.
2
In regulation 2(1) (interpretation and application) after the definition of “officer” insert —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
.
3
In regulation 3(1)(b) (requirement for person claiming a specified benefit to take part in an interview) for “the age of 60” substitute “pensionable age”.
4
In regulation 4(1) (continuing entitlement to specified benefit dependent on an interview) for “the age of 60” substitute “pensionable age”.
5
In regulation 13(b) (circumstances where regulation 12 does not apply) for “the age of 60” substitute “pensionable age”.
6
In regulation 16(3)(c) (revocations and transitional provision) for “the age of 60” substitute “pensionable age”.
Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003
7
Regulation 2(1) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 (interpretation) is amended as follows —
a
in the definition of “partner” for “the age of 60” substitute “pensionable age”;
b
after the definition of “partner” insert —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
.
Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008
8
1
The Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “benefit week” insert —
“pensionable age”, in the case of a man born before 6th April 1955, means the age when a woman born on the same day as the man would attain pensionable age;
.
3
In regulation 3(4) (relevant claimant) for “the age of 60 years” substitute “pensionable age”.
4
In regulation 9(11)(c) (consequences of failure to take part in a work-focused interview) for “the age of 60” substitute “pensionable age”.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State
Department for Work and Pensions
3rd March 2010


text:
Citation and commencement
1
This Order may be cited as the Midland Metro Order 2010 and shall come into force on 20th July 2010.
Modification of Midland Metro Act 1989
2
1
Subsection (1) of section 9 (requirements applicable to tramways) of the Midland Metro Act 1989 , including that provision as applied by any of the other Midland Metro Acts specified in paragraph (2), shall cease to have effect.
2
The other Midland Metro Acts specified are:
The Midland Metro Act 1992 ;
The Midland Metro (No.2) Act 1992 ;
The Midland Metro Act 1993 ; and
The Midland Metro (No.2) Act 1993 .
Signed by the authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
29th June 2010


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Parliamentary Elections (Returning Officers’ Charges) Order 2010 and shall come into force on the day after the day on which it is made.
2
This Order extends to England, Wales and Scotland.
3
In this Order “the 1983 Act ” means the Representation of the People Act 1983.
Revocation
2
The Parliamentary Elections (Returning Officers’ Charges) Order 2005 is revoked.
Overall maximum recoverable amount
3
1
Subject to paragraph (2), the overall maximum recoverable amount for each constituency is the amount listed in column 4 of the table in Schedule 1.
2
Where, in a constituency listed in Schedule 2, the poll at a parliamentary general election in 2010 is taken together with the ordinary day of election of councillors under section 37 of the 1983 Act , the overall maximum recoverable amount for that constituency is the amount listed in column 4 of the table in Schedule 2 .
Maximum recoverable amount for specified services
4
1
Subject to paragraph (2), the total of the charges recoverable by a returning officer in respect of the services of the description specified in article 5 shall not exceed the amount listed for each constituency in column 2 of the table in Schedule 1.
2
Where, in a constituency listed in Schedule 2, the poll at a parliamentary general election in 2010 is taken together with the ordinary day of election of councillors under section 37 of the 1983 Act, the total of the charges recoverable by a returning officer in respect of the services of the description specified in article 5 shall not exceed the amount listed for that constituency in column 2 of the table in Schedule 2.
5
The specified services are —
a
conducting the election;
b
discharging the returning officer’s duties at the election; and
c
making arrangements for the election.
Maximum recoverable amount for specified expenses
6
1
Subject to paragraph (2), the total of the charges recoverable by a returning officer in respect of the expenses of the description specified in article 7 shall not exceed the amount listed for each constituency in column 3 of the table in Schedule 1.
2
Where, in a constituency listed in Schedule 2, the poll at a parliamentary general election in 2010 is taken together with the ordinary day of election of councillors under section 37 of the 1983 Act, the total of the charges recoverable by a returning officer in respect of the expenses of the description specified in article 7(a) to (n) shall not exceed the amount listed for that constituency in column 3 of the table in Schedule 2.
7
The specified expenses are —
a
the appointment and payment of persons to assist the returning officer;
b
travel and overnight subsistence for the returning officer and any person appointed to assist the returning officer;
c
the costs of the nomination process;
d
printing or otherwise producing the ballot papers;
e
printing, producing or purchasing postal vote stationery;
f
printing or otherwise producing and arranging for the delivery of poll cards;
g
printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with a parliamentary election;
h
renting, heating, lighting, cleaning, adapting or restoring any building or room;
i
providing and transporting equipment;
j
providing information and communications technology equipment and software and associated costs;
k
providing security, including any necessary secure storage of ballot boxes, ballot papers and verification documents;
l
conducting the verification and the count;
m
providing and receiving training;
n
providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items; and
o
in a constituency in Scotland, the supply of copies of the register of electors for use in the conduct of the election.
Overall maximum recoverable amount at an uncontested election
8
At an uncontested election —
a
articles 3 to 7 do not apply; and
b
the overall maximum recoverable amount for each constituency is £1,750.
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
5th March 2010
We consent to this Order.
Two of the Lords Commissioners of Her Majesty’s Treasury
Steve McCabe
Bob Blizzard
15th March 2010


text:
Citation, extent and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 10) Order 2010.
2
This Order applies in relation to England only.
3
In this Order —
“ the Act ” means the Water Act 2003; and
“the 1991 Act ” means the Water Industry Act 1991 .
Appointed day
2
The 26th March 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
section 58 (fluoridation of water supplies) in so far as not already in force; and
b
Section 101(2) (repeals) and Schedule 9 (repeals and revocation: miscellaneous and supplementary) in so far as they relate to the repeal of Schedule 7 to the 1991 Act (pre-1985 fluoridation schemes).
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
24th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 and come into force on 11th February 2010.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“contractor”, in the case of a —
GDS contract, GMS contract or GOS contract, means a party to the contract other than a Primary Care Trust; or
PDS agreement or PMS agreement, means the party to the agreement who is providing services under that agreement (and so in the case of an agreement between a Primary Care Trust and a Strategic Health Authority, the Primary Care Trust);
“GDS contract” means a general dental services contract within the meaning of section 100 of the Act;
“ GDS Contracts Regulations ” means the National Health Service (General Dental Services Contracts) Regulations 2005 ;
“GMS contract” means a general medical services contract within the meaning of section 84 of the Act;
“ GMS Contracts Regulations ” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“GOS contract” means a general ophthalmic services contract within the meaning of section 117 of the Act;
“ GOS Contracts Regulations ” means the General Ophthalmic Services Contracts Regulations 2008 ;
“PDS agreement” means a dental services agreement made under section 107 of the Act;
“ PDS Agreements Regulations ” means the National Health Service (Personal Dental Services Agreements) Regulations 2005 ;
“PMS agreement” means an agreement for primary medical services made under section 92 of the Act;
“ PMS Agreements Regulations ” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 ; and
“relevant body”, in the case of a PDS agreement or a PMS agreement —
between a Primary Care Trust and any person other than a Strategic Health Authority, means the Primary Care Trust; or
between a Primary Care Trust and a Strategic Health Authority, means the Strategic Health Authority.
Directions in respect of GMS contract disputes
3
1
The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 101 and 102 of Schedule 6 to the GMS Contracts Regulations (dispute resolution) referred to in paragraph (2).
2
The functions are those in respect of any dispute (or part of a dispute) between the parties to a GMS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 6 to the GMS Contracts Regulations —
a
paragraph 111 (termination by the Primary Care Trust for breach of conditions in regulation 4), but only in so far as the dispute requires a determination as to whether —
i
an individual medical practitioner no longer satisfies the condition specified in regulation 4(1) of those Regulations,
ii
in the case of a partnership, a partner no longer satisfies the condition in regulation 4(2)(a) of those Regulations, or
iii
in the case of a company, a shareholder no longer satisfies the condition in regulation 4(3)(a) of those Regulations;
b
paragraph 112 (termination by the Primary Care Trust for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or
c
paragraph 113 (termination by the Primary Care Trust on other grounds), but only in so far as the dispute requires a determination in respect of —
i
whether any of the persons specified in paragraph 113(1) falls within paragraph 113(2) during the existence of the contract, or
ii
any dispute relating to a decision taken by a Primary Care Trust in accordance with paragraph 113(3) to (5).
Directions in respect of PMS agreement disputes
4
1
The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 95 and 96 of Schedule 5 to the PMS Agreements Regulations (dispute resolution) referred to in paragraph (2).
2
The functions are those in respect of any dispute (or part of a dispute) between the parties to a PMS agreement that relate to a term of the agreement that gives effect to any of the following provisions in Schedule 5 to the PMS Agreements Regulations —
a
paragraph 104 (termination by the relevant body for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the relevant body by the contractor before the agreement was entered into was, when given, untrue or inaccurate in a material respect; or
b
paragraph 105 (termination by the relevant body on fitness grounds), but only in so far as the dispute requires a determination in respect of —
i
whether any of the persons specified in paragraph 105(1) or (2) falls within paragraph 105(3) during the existence of the agreement, or
ii
any dispute relating to a decision taken by a relevant body in accordance with paragraph 105(4) to (6).
Directions in respect of GDS contract disputes
5
1
The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 55 and 56 of Schedule 3 to the GDS Contracts Regulations (dispute resolution) referred to in paragraph (2).
2
The functions are those in respect of any dispute (or part of a dispute) between the parties to a GDS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 3 to the GDS Contracts Regulations —
a
paragraph 69 of Schedule 3 (termination by the Primary Care Trust: no longer eligible to enter into and breach of conditions of the contract), but only in so far as the dispute requires a determination as to whether —
i
a contractor is or is not a dental practitioner for the purposes of continuing eligibility under section 102(1)(a) of the Act,
ii
in the case of a partnership, a partner is no longer a person specified in section 102(2)(a) of the Act for the purposes of establishing continuing eligibility in accordance with section 102(1)(c) of the Act, or
iii
a contractor satisfies the condition in section 102(1)(b) of the Act for the purposes of establishing continuing eligibility in accordance with section 102 of the Act,
and including, in relation to a dispute falling within paragraphs (i) or (ii), as to whether the contractor is no longer a dental practitioner or no longer satisfies the condition in section 102(2)(a) by virtue of a suspension falling within paragraph 69(6) of Schedule 3;
b
paragraph 70 (termination by the Primary Care Trust for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or
c
paragraph 71 (termination by the Primary Care Trust on grounds of suitability etc.), but only in so far as it requires a determination in respect of —
i
whether any of the persons specified in paragraph 71(1) falls within paragraph 71(2) during the existence of the contract, or
ii
any issue arising or a decision taken by a Primary Care Trust in respect of the term of the contract that gives effect to paragraph 71(3) to (5).
Directions in respect of PDS agreement disputes
6
1
The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 55 and 56 of Schedule 3 to the PDS Agreements Regulations (dispute resolution) referred to in paragraph (2).
2
The functions are those in respect of any dispute (or part of a dispute) between the parties to a PDS agreement that relate to a term of the agreement that gives effect to any of the following provisions in Schedule 3 to the PDS Agreements Regulations —
a
paragraph 68 (termination by the relevant body for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the relevant body by the contractor before the agreement was entered into was, when given, untrue or inaccurate in a material respect; or
b
paragraph 69 (termination by the relevant body on the grounds of suitability etc.), but only in so far as it requires a determination in respect of —
i
whether any person specified in paragraph 69(1) falls within paragraph 69(2) during the existence of the agreement, or
ii
any issue arising or decision made in respect of the term that gives effect to paragraph 69(3) to (5).
Directions in respect of GOS contract disputes
7
1
The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 30 and 31 of Schedule 1 to the GOS Contracts Regulations (dispute resolution) referred to in paragraph (2).
2
The functions are those in respect of any dispute (or part of a dispute) between the parties to a GOS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 1 to the GOS Contracts Regulations —
a
paragraph 42 (termination by the PCT: contractor’s inability to perform services), but only in so far as the dispute is about whether a contractor is able to perform services by virtue of a suspension referred to in paragraph 42(2);
b
paragraph 43 (termination by the PCT for the provision of untrue etc. information), but only in so far as the dispute is about whether information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or
c
paragraph 44 (termination by the PCT on grounds of suitability etc.), but only in so far as the dispute requires a determination in respect of —
i
whether any person specified in paragraph 44(1)(a) to (c) falls within paragraph 44(2), or
ii
any issue arising or decision made by a Primary Care Trust in relation to a term of the contract that gives effect to paragraph 44(3) to (5).
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of Health
Department of Health
15th January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Maximum Additional Pension) Regulations 2010 and shall come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“applicable limit” has the meaning given by section 44(7)(c) ;
“relevant year” has the meaning given by section 44(7)(a);
“survivor” means surviving spouse or surviving civil partner.
2
In these Regulations a reference to a section by number alone is a reference to the section so numbered in the Social Security Contributions and Benefits Act 1992.
Prescribed maximum additional pension
3
1
For the purposes of section 52(3) (increase of additional pension in the Category A retirement pension for surviving spouses) the maximum additional pension shall be the amount of additional pension to which a person is entitled where that person —
a
has reached pensionable age on the day specified in paragraph (2); and
b
in respect of each relevant year has an earnings factor specified in paragraph (3).
2
For the purposes of paragraph (1)(a), the day specified is the day on which the survivor would, but for section 43 (persons entitled to more than one retirement pension), have become entitled to both —
a
a Category A retirement pension; and
b
a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died,
or would have become so entitled if the survivor’s entitlement to a Category A or Category B retirement pension had not been deferred.
3
For the purposes of paragraph (1)(b), the specified earnings factor is an earnings factor which —
a
is equal to 53 times that year’s applicable limit, before any increase under section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors); and
b
is derived from earnings on which primary Class 1 contributions were paid.
Revocations
4
The following instruments are revoked —
a
the Social Security (Maximum Additional Pension) Regulations 1978 ;
b
the Social Security (Maximum Additional Pension) Amendment Regulations 1979 .
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
18th February 2010