text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Medicines (Products for Human Use) (Fees) Regulations 2009 and shall come into force on 1st April 2009.
Interpretation
2
These Regulations shall be interpreted in accordance with Schedule 7.
PART 2 Capital Fees for Pre-Application Meetings
Interpretation of Part 2
3
In this Part —
“EC marketing authorization” means —
a United Kingdom marketing authorization granted by the licensing authority under the Marketing Authorisation Regulations;
a marketing authorization granted by the competent authority of an EEA State other than the United Kingdom in accordance with the 2001 Directive; or
a Community marketing authorization; and
“relevant medicinal product” means a medicinal product for human use to which the provisions of the 2001 Directive apply.
Fee for scientific advice: application for or variation to EC marketing authorization
4
Unless regulation 5 applies, the fee payable by a person with whom the licensing authority holds a meeting in order to provide scientific advice with a view to that person making an application for an EC marketing authorization or an application for the variation of an EC marketing authorization, is —
a
£2,354, if the advice provided at that meeting consists of advice in connection with —
i
quality development only; or
ii
safety development only;
b
£2,956, if the advice provided at that meeting consists only of advice in connection with clinical development;
c
£3,276, if the advice provided at that meeting consists only of advice in connection with quality and safety development;
d
£3,878, if the advice provided at that meeting consists of advice in connection with —
i
quality and clinical development; or
ii
safety and clinical development;
e
£4,801, if the advice provided at that meeting consists of advice in connection with quality, safety and clinical development.
Fee for scientific advice: classification of a medicinal product
5
1
The fee payable by a person with whom the licensing authority holds a meeting to provide scientific advice in connection with the classification of a relevant medicinal product, is —
a
£2,956, if the advice relates to a product which if reclassified will be available on general sale; and
b
£3,878, if the advice relates to a product which if reclassified will be available without a prescription from a pharmacy.
2
For the purposes of this regulation a product is on general sale if it is a medicinal product of a description or falling within a class specified in an order made under section 51 (general sale lists) of the Act .
Fee for advertising advice
6
The fee payable by the holder of a marketing authorization with whom the licensing authority holds a meeting in order to provide advice before the publication of advertising of a medicinal product by that holder’s undertaking on whether that advertising conforms to the requirements of Title VIII of the 2001 Directive, is £2,354.
Fee for pharmacovigilance advice
7
1
The fee payable by a person with whom the licensing authority holds a meeting in order to provide pharmacovigilance advice is —
a
£3,878, in a case where the time taken by the licensing authority to prepare for and attend the meeting is more than six hours;
b
£3,276, in any other case.
2
The time taken by the licensing authority for the purposes of paragraph (1) shall be the aggregate of times spent by each individual engaged in preparing for or attending the meeting on behalf of the licensing authority.
Fee for advice on labelling or leaflets
8
The fee payable by the holder of one or more marketing authorizations with whom the licensing authority holds a meeting in order to provide advice on proposed changes to the labelling or the package leaflets of the medicinal products to which those authorizations relate, is £2,354.
Fee for regulatory advice
9
The fee payable by the holder of a marketing authorization with whom the licensing authority holds a meeting in order to provide regulatory advice to that person, is £2,957.
Fee for advice for other purposes
10
1
Unless paragraph (4) applies, the fee payable by a person specified in paragraph (2) with whom the licensing authority holds a meeting for a purpose specified in paragraph (3) is £4,762.
2
A person who —
a
is or is to be a sponsor of a clinical trial;
b
manufactures medicinal products;
c
is or is to be responsible for placing medicinal products on the market; or
d
acts on behalf of, or provides advice or assistance to, a person referred to in sub-paragraphs (a) to (c),
is a specified person for the purpose of paragraph (1).
3
A meeting referred to in paragraph (1) is for a specified purpose if it is held to provide advice in relation to —
a
scientific or regulatory issues relating to the development of a medicinal product or a type of medicinal product;
b
the design of pharmaceutical or pre-clinical tests, or clinical trials, for a medicinal product or a type of medicinal product;
c
the management of risk in relation to a medicinal product or a type of medicinal product which is under development, or is being marketed in the European Community; or
d
other scientific or regulatory issues relating to a medicinal product or a type of medicinal product after an EC marketing authorization has been granted for that product or a product of that type.
4
Paragraph (1) does not apply in the case of a meeting where the purpose of such a meeting is to provide only any advice specified in regulations 4 to 9.
5
In this regulation —
“Directive 93/42/EEC ” means Council Directive 93/42/EEC concerning medical devices ;
“medical device” has the same meaning as in Article 1(2)(a) of Directive 93/42/EEC ;
“medicinal product” includes a substance incorporated in a medical device which, if used separately, may be considered to be a medicinal product as defined in Article 1(2) of the 2001 Directive;
“regulatory issues” means issues relating to the application of any Community instrument relating to EC marketing authorizations or to medical devices, or any enactment which implements such an instrument;
“risks” means any risk relating to the quality, safety or efficacy of a medicinal product as regards patients’ health or public health, or any risk of undesirable effects on the environment;
“sponsor” shall be construed in accordance with regulation 3 (sponsor of a clinical trial) of the Clinical Trials Regulations ;
and a reference to the development of a medicinal product or a type of medicinal product is a reference to development for the purposes of —
a
obtaining an EC marketing authorization, or making a variation to an EC marketing authorization, for that product or a product of that type; or
b
obtaining an EC design-examination certificate within the meaning of paragraph 4.3 of Annex II to Directive 93/42/EEC or an EC type-examination certificate within the meaning of paragraph 5 of Annex III to that Directive, for a medical device incorporating that product or a product of that type.
Time for payment of fees under regulations 4 to 10
11
All sums payable by way of fees under regulations 4 to 10 must be paid within a period of 14 days commencing on the date of the written notice issued by the licensing authority requiring payment of those fees.
PART 3 Capital Fees for Applications for Authorizations, Registrations, Licences, Certificates or Authorisations and for Associated Inspections
Fees for applications for authorizations, licences or certificates etc.
12
1
Unless regulation 51 (savings) applies, the application fee for a marketing authorization (other than a Community marketing authorization), a traditional herbal registration, a manufacturer’s licence, a manufacturing authorisation, a wholesale dealer’s licence or a clinical trial authorisation is —
a
the fee prescribed for that application in Part 2 of Schedule 1; and
b
in respect of an inspection of a site made in connection with that application the fee payable in accordance with regulations 27 to 32.
2
Unless regulation 28 applies, the fee in paragraph (1) is payable by the applicant.
Fee for applications for copy certificates of good manufacturing practice
13
The fee payable by an applicant for a certified copy of a certificate of good manufacturing practice issued pursuant to Article 111(5) of the 2001 Directive is £66.
Fees for applications for certificates and copy certificates by exporters of medicinal products
14
1
The fee payable by an applicant for a certificate issued under section 50 (export certificates) of the Act , is —
a
£147, if the applicant requests the certificate to be issued within 24 hours of receipt of the application; and
b
£66 in any other case.
2
The fee in paragraph (1)(a) and (b) is for three identical signed certificates.
3
The fee payable by the applicant for a certified copy of the certificate referred to in paragraph (1) is £32.
PART 4 Capital Fees for Assistance in Obtaining Marketing Authorizations in Other EEA States
Meaning of “set of applications”
15
For the purposes of this Part, a “set of applications” means —
a
a number of applications to the licensing authority for regulatory assistance in connection with obtaining recognition according to the procedure laid down in Title III, Chapter 4 of the 2001 Directive of a single United Kingdom marketing authorization in other EEA States, but only if all the applications relate to applications for marketing authorizations in other EEA States that have the same 90 day assessment period for the purposes of Article 28.4 of the 2001 Directive; or
b
a number of applications to competent authorities of other EEA States for marketing authorizations relating to a single United Kingdom marketing authorization, but only if all the applications have the same 90 day assessment period for the purposes of Article 28.4 of the 2001 Directive.
Fees for applications for regulatory assistance under the mutual recognition procedure
16
The fee payable by an applicant to the licensing authority for regulatory assistance in connection with obtaining recognition according to the procedure laid down in Title III, Chapter 4 of the 2001 Directive of a single United Kingdom marketing authorization in another EEA State or in other EEA States, is the fee prescribed in Part 3 of Schedule 1 in connection with the application or set of applications.
Time for payment of fees under regulation 16
17
Unless regulation 41 (applications made by small companies) applies, all sums payable by way of fees under regulation 16 must be paid at the time when, in connection with the application or set of applications for regulatory assistance, a request is made pursuant to the second sub-paragraph of Article 28.1 of the 2001 Directive for an assessment report to be prepared or updated.
PART 5 Capital Fees for Applications for Variations of Authorizations, Registrations, Licences and Certificates and for Associated Inspections
Fees for variations of authorizations, registrations, licences and authorisations
18
1
Unless regulation 51 (revocations and savings) applies, the fee for an application —
a
under regulation 4 (applications for the grant, renewal or variation of a United Kingdom marketing authorization) of the Marketing Authorisation Regulations for the variation of a United Kingdom marketing authorization;
b
under regulation 6 (consideration and grant or refusal, of an application for, or for renewal or variation of, a traditional herbal registration) of the Herbal Regulations for the variation of a traditional herbal registration;
c
under section 30 (variation of licence on application of holder) of the Act for the variation of a product licence, a manufacturer’s licence or a wholesale dealer’s licence; or
d
under regulation 44 (variation of manufacturing authorisation) of the Clinical Trials Regulations for the variation of a manufacturing authorisation,
is the fee mentioned in paragraph (2).
2
The fee referred to in paragraph (1) is —
a
the fee prescribed in Part 4 of Schedule 1 in connection with the application; and
b
in respect of an inspection of a site made in connection with the application, the fee payable in accordance with regulations 27 to 29 and 31.
3
Unless regulation 28 applies, the fee in paragraph (1) is payable by the applicant.
Fees for amendments to clinical trial authorisations
19
1
A person who sends a valid notice of amendment under regulation 24 (amendments by the sponsor) of the Clinical Trial Regulations relating to amendment of the dossier accompanying a request for authorisation in accordance with paragraph 11 of Part 2 of Schedule 3 (request for authorisation) to those Regulations must pay the fees mentioned in paragraph (2).
2
The fees referred to in paragraph (1) are —
a
the fee prescribed in paragraph 44 of Part 4 of Schedule 1 in connection with that amendment; and
b
in respect of an inspection of a site made in connection with the application, the fee payable in accordance with regulations 27 to 29 and 31.
Applications for multiple variations
20
1
Unless paragraph (2) applies, a separate fee is payable in respect of each variation of each provision of a marketing authorization, traditional herbal registration, manufacturing authorisation or licence applied for in any one application.
2
A separate fee is not payable for a variation which is wholly consequential upon another variation of a provision of a marketing authorization, traditional herbal registration, manufacturing authorisation or licence which is applied for in the same application.
PART 6 Capital Fees for Assessment of Labels and Leaflets
Meaning of “set of proposed changes”
21
For the purposes of this Part and Part 5 of Schedule 1, a “set of proposed changes” means a number of proposed changes to the labelling or package leaflet of a medicinal product, where —
a
if there is more than one version of the labelling or package leaflet for that product, those changes all relate to the same version; and
b
those changes are submitted to the licensing authority at the same time.
Fees for assessment of a set of proposed changes to labels and leaflets
22
1
Unless paragraph (2) applies, where —
a
a set of proposed changes to the labelling or the package leaflet of a medicinal product which is the subject of a United Kingdom marketing authorization (other than a parallel import licence) is submitted to the licensing authority in accordance with Article 61(3) of the 2001 Directive; or
b
a set of proposed changes to the labelling or the package leaflet of a medicinal product which is the subject of a parallel import licence is submitted to the licensing authority,
the fee payable by the holder of that authorization or licence is the fee prescribed in Part 5 of Schedule 1 in connection with that change.
2
Paragraph (1) does not apply where a change to the labelling or package leaflet of a medicinal product is proposed in connection with an application for the variation of the marketing authorization for that product.
Time for payment of fees under regulation 22
23
All sums payable by way of fees under regulation 22(1) must be paid at the time when the proposed changes are submitted to the licensing authority.
PART 7 Capital Fees for Applications for Renewals of Certain Licences, Authorizations and Registrations and for Associated Inspections
Fees for renewals of certain manufacturer’s licences
24
1
The fee payable by the applicant for an application to renew a manufacturer’s licence which falls within the description in paragraph (2) is £172.
2
The licence referred to in paragraph (1) is one —
a
which is solely for the manufacture of medicinal products the sale or supply of which does not require a marketing authorization or a product licence; and
b
to which article 2(2)(i)(e) (exemptions for certain special manufactured products) of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 applies.
3
Where an inspection of a site is made in connection with the application referred to in paragraph (1) an inspection fee of £284 is also payable by the applicant.
Fees for renewals in terms which are not identical to the existing authorization, licence or certificate
25
Where an applicant applies for renewal of a —
a
marketing authorization (other than a Community marketing authorization);
b
traditional herbal registration;
c
manufacturer’s licence; or
d
wholesale dealer’s licence,
so as to contain provisions which are not identical to those in the authorization, registration or licence as in force at the date of the application, the fee payable under this Part is increased by an amount equal to the fee which would have been payable under Part 5 of these Regulations had the applicant made a separate application for variation of that authorization, registration or licence in respect of each provision which is not identical.
PART 8 Capital Fees for Regulatory Assistance Given by the United Kingdom Acting as Reference Member State Relating to the Assessment of Applications for the Renewal of Specified Marketing Authorizations
Fees for regulatory assistance for certain marketing authorizations
26
1
Where —
a
an application is made to the licensing authority for the renewal of a United Kingdom marketing authorization for a medicinal product which has been subject to the procedures specified in paragraph (2); and
b
the United Kingdom is to provide regulatory assistance acting as reference Member State in relation to that application,
the fee payable by the applicant is the fee prescribed in Part 6 of Schedule 1 in connection with that regulatory assistance.
2
The procedures referred to in paragraph (1) are —
a
the procedures laid down in Articles 7 and 7a of Council Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and in Articles 17 and 18 of the 2001 Directive;
b
the procedures laid down in Article 9(4) of Directive 75/319/EEC and in Article 28 of the 2001 Directive;
c
the procedures laid down in Articles 10 to 14 of Directive 75/319/EEC and in Articles 29 to 34 of the 2001 Directive;
d
referral to the Committee for Proprietary Medicinal Products in accordance with Council Directive 87/22/EEC on the approximation of national measures relating to the placing on the market of high-technology medicinal products, particularly those derived from biotechnology , if the opinion of the Committee in accordance with Article 4.1 of that Directive was given before 1st January 1995.
3
For the purposes of this regulation and Part 6 of Schedule 1, the United Kingdom provides regulatory assistance acting as reference Member State if —
a
the licensing authority prepares or updates an assessment report in respect of the medicinal product to which the renewal application relates in order to make it available to the competent authorities of another EEA State; and
b
an application to renew the marketing authorization relating to that product has been made in that other EEA State.
PART 9 Capital Fees for Inspections
Fees for inspections
27
1
Unless regulation 51 applies, a fee in accordance with paragraphs 1 to 7 of Schedule 2 is payable for any inspection of a site made in connection with an application for, or during the currency of, a marketing authorization, a traditional herbal registration, a clinical trial authorisation, a manufacturing authorisation, a manufacturer’s licence or a wholesale dealer’s licence, except for an inspection for which a fee is payable under regulations 24 or 30.
2
Unless regulation 28 or 29 applies, the fee in paragraph (1) is payable by the holder of or applicant for, as the case may be, the authorization, registration, authorisation or licence in relation to which the inspection is made.
Payer of inspection fee (contract laboratories and API manufacturing sites)
28
Where an inspection is made of a contract laboratory or a site used by an API manufacturer the fee is payable by the operator of that laboratory, or as the case may be, that API manufacturer.
Inspections in connection with multiple applications
29
1
Where an inspection is made outside the United Kingdom at a site which is named as a possible site for the manufacture or assembly of a medicinal product, or for the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product —
a
in more than one marketing authorization, clinical trial authorisation, traditional herbal registration; or
b
by more than one applicant for such an authorisation or licence,
the fee for the inspection referred to in regulation 27(1) is payable in equal proportions by the holders of, or as the case may be, applicants for, the authorization, authorisation, licence or registration.
2
In paragraph (1), the reference to an applicant for a clinical trial authorisation is a reference to a person who sends a valid notice of amendment as mentioned in regulation 19(1).
3
Where an inspection is made in the United Kingdom at a site which is named as a possible site for the manufacture or assembly of a medicinal product, or the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product —
a
in more than one manufacturer’s licence or manufacturing authorisation; or
b
by more than one applicant for such a licence or authorisation,
the fee for the inspection referred to in regulation 27(1) is payable in equal proportions by each applicant.
4
This regulation does not apply if the inspection is made of a contract laboratory or a site used by an API manufacturer.
Fees for inspections relating to good clinical practice in clinical trials
30
A fee in accordance with paragraphs 2 and 3 of Schedule 2 is payable by a person in respect of an inspection of one or more sites for the purpose of ascertaining whether that person —
a
is —
i
conducting, or has conducted, a clinical trial; or
ii
performing, or has performed, the functions of a sponsor of a clinical trial (whether that person is the sponsor or is acting under arrangements made with that sponsor),
in accordance with the conditions and principles of good clinical practice, pursuant to regulation 28(1) (good clinical practice and protection of clinical trial subjects) of the Clinical Trials Regulations; or
b
has put and kept in place arrangements for the purpose of ensuring that with regard to a clinical trial the conditions and principles of good clinical practice are satisfied or adhered to, pursuant to regulation 28(2) of those Regulations.
Amount of and time for payment of inspection fees in respect of an application for a wholesale dealer’s licence
31
1
All sums payable by way of fees in respect of any inspection in connection with an application for a wholesale dealer’s licence under regulation 27(1) must be paid at the time that application is made.
2
Except where paragraph (3) applies, the inspection fee payable as a consequence of paragraph (1) shall be the amount specified in paragraph 5(a) of Schedule 2.
3
In a case where —
a
the site to be inspected falls within the description specified in paragraph 7(1)(a) or (b) of Schedule 2; or
b
the total turnover in respect of sales by way of wholesale dealing in authorised medicinal products of the wholesale dealer does not exceed £35,000 (within the meaning given in paragraph 7(2) of that Schedule),
the inspection fee payable as a consequence of paragraph (1) shall be the amount specified in paragraph 5(b) of Schedule 2.
Adjustment and refund of inspection fees in respect of a wholesale dealer’s licence
32
1
If the inspection in respect of an application for a wholesale dealer’s licence takes —
a
in the case where regulation 31(2) applies, more than 7 hours; or
b
in the case where regulation 31(3) applies, more than 3 hours and 30 minutes,
a further fee of the amount specified in paragraph 5(b) of Schedule 2 for each subsequent period of 3 hours and 30 minutes or less is payable by the applicant.
2
The fee payable under paragraph (1) must be paid within a period of 14 days commencing on the date of the written notice issued by the licensing authority requiring payment of those fees.
3
The licensing authority shall refund the whole of the inspection fee paid where, after an inspection fee is paid as a consequence of regulation 31, the application for a wholesale dealer’s licence is withdrawn —
a
before a date on which the inspection is due to take place is arranged with or notified to the applicant; or
b
in the case where a date on which the inspection is due to take place is fixed, fifteen or more days before the date on which that inspection is due to take place.
PART 10 Periodic Fees for Marketing Authorizations and Licences
Periodic fees
33
1
Unless paragraphs (4), (5) or (6) or regulation 51 applies, the periodic fee must be paid for each fee period during which the marketing authorization, registration, authorisation or licence is in force, even if it is in force for only part of that fee period.
2
For the purposes of paragraph (1), marketing authorizations of a type referred to in Part 3 of Schedule 3 shall be treated as if they were one marketing authorization and only one periodic fee in respect of each relevant fee period is payable in connection with the holding of such authorizations.
3
The periodic fee is the appropriate fee prescribed in Part 3 of Schedule 3 and, for the purposes of that Part, Parts 1 and 2 of that Schedule have effect.
4
No periodic fee is payable in respect of the fee period during which a marketing authorization or a traditional herbal registration is first granted unless the authorization or registration is granted pursuant to —
a
a change of ownership application; or
b
an application for a marketing authorization or traditional herbal registration which —
i
is for a product for which an authorization or registration has expired;
ii
will contain identical provisions to those contained in the expired authorization or registration;
iii
is made by the person who held the expired authorization or registration; and
iv
is made no later than three months after the expiry of the authorization or registration referred to in paragraph (i),
and, in each case, a periodic fee has not been paid in respect of that fee period in connection with the expired marketing authorization or a traditional herbal registration.
5
An authorization, registration, authorisation or licence which is in force is treated for the purposes of this regulation as not being in force during any part of a fee period if —
a
at least three months before the commencement of that fee period, the holder of that authorization, registration, authorisation or licence has given written notice to the licensing authority indicating that he wishes it to cease to have effect before the commencement of that period; and
b
no products are sold, supplied or manufactured pursuant to that authorization, registration authorisation or licence within that fee period.
6
No periodic fee is payable in respect of the fee period during which a manufacturing authorisation, a manufacturer’s or wholesale dealer’s licence is first granted unless —
a
that authorisation or licence is granted pursuant to a change of ownership application; and
b
a periodic fee has not been paid in respect of that fee period in connection with the manufacturing authorisation or manufacturer’s or wholesale dealer’s licence which is mentioned in that application in the statement of intention to cease activities.
Periodic fees for clinical trial authorisations
34
1
Unless paragraph (3) applies, the holder of a clinical trial authorisation must pay the periodic fee for each fee period during which the authorisation is in force, even if the authorisation is in force for only part of that fee period.
2
The periodic fee is the fee prescribed in paragraph 16 of Part 3 of Schedule 3.
3
No periodic fee is payable in respect of the fee period during which the clinical trial to which the authorisation relates was authorised by the licensing authority in accordance with regulation 18 (authorisation procedure for clinical trials involving general medicinal products), 19 (authorisation procedure for clinical trials involving medicinal products for gene therapy etc.) or 20 (authorisation procedure for clinical trials involving medicinal products with special characteristics) of the Clinical Trials Regulations .
PART 11 Capital Fees For Application For Membership of Good Clinical Practice Accreditation Scheme and for Certificate of Membership
Meaning of “good clinical practice accreditation” scheme
35
In this Part —
“good clinical practice accreditation scheme” means the non-statutory voluntary scheme of accreditation operated by the licensing authority in relation to Phase 1 trials which participants may join following satisfactory completion of a good clinical practice inspection; and
“Phase 1 trials” are clinical trials to study the pharmacology of a medicinal product when administered to humans, where the sponsor and investigator have no knowledge of any evidence that the product has effects likely to be beneficial to the subjects of the trial.
Fees for applications for membership and certificate
36
1
The fee payable by an applicant for membership of the good clinical practice accreditation scheme is £125.
2
The fee payable by an applicant for a certificate of membership of the good clinical practice accreditation scheme is £66.
PART 12 Capital Fee for a Person Appointed Hearing
Fee for a person appointed hearing
37
1
The fee payable by an applicant or holder of an authorization, licence, authorisation or certificate of registration or sponsor or investigator who gives notice, under any of the provisions specified in paragraph (2), of their wish to make further representations to the licensing authority or appear before or be heard by a person appointed by the licensing authority, is £10,000.
2
The specified provisions are —
a
section 21(11) (licence under Part I of the Act where appropriate committee are consulted), 22(3) (licence under Part I of the Act where appropriate committee are not consulted or have been consulted but have not given a provisional opinion) or 27(3) (licence of right) of the Act, and paragraph 5 (product licence) or paragraph 6 (licence under Part 2 of the Act other than a product licence) of Schedule 2 to the Act ;
b
paragraph 3 of Schedule 5 (authorisation to conduct a clinical trial or amendment to clinical trial authorisation) and paragraph 4 of Schedule 8 (manufacturing authorisation) to the Clinical Trials Regulations ;
c
paragraph 12 (traditional herbal registration), paragraph 17 (variation of registration) or paragraph 20 (decision to refer application to the Committee) of Schedule 2 to the Herbal Regulations; or
d
paragraph 11 (marketing authorizations) or paragraph 16 (Type II variation applications) of Schedule 2 to the Marketing Authorisation Regulations .
3
The licensing authority will refund to that person —
a
60% of that fee if the person withdraws the notice two weeks before the commencement of the hearing before the person appointed;
b
100% of that fee if, in respect of the hearing before a person appointed, the decision notified by the licensing authority is —
i
not to revoke, vary, suspend or terminate, as the case may be, the authorization, licence, authorisation or certificate of registration; or
ii
to grant or renew, as the case may be, the authorization, licence, authorisation or certificate of registration.
Time for payment under regulation 37
38
The fee prescribed in regulation 37 is payable at the time the notice is given.
PART 13 Administration
Payment of fees to Ministers
39
Any sum payable under these Regulations must be paid to one of the Ministers.
Time for payment of capital fees in connection with applications or inspections
40
1
Subject to provisions specified in paragraph (2), all sums payable by way of capital fees —
a
under these Regulations, except where sub-paragraph (b) applies in connection with any application, must be paid at the time of the application; and
b
in respect of inspections made either in connection with an application for, or during the currency of, an authorization, licence or certificate must be paid within a period of 14 days commencing on the date of the written notice issued by the licensing authority requiring payment of those fees.
2
The specified provisions are —
a
regulation 10 (pre-application meetings);
b
regulation 16 (regulatory assistance);
c
regulation 22 (change to labels and leaflets);
d
regulation 31 (inspections in respect of wholesale dealer’s licence);
e
regulation 37 (person appointed hearings); and
f
regulation 41 (small companies).
Time for payment of capital fees – applications made by small companies
41
1
Schedule 4 shall have effect with respect to the capital fee payable in connection with an application made by or on behalf of a small company.
2
For the purpose of these Regulations, a company is a small company if, for the financial year before that in which the application is made, the amount of its turnover for the financial year is not more than the amount for the time being specified under the heading “Small company” in section 382(3) (qualification of company as small) of the Companies Act 2006 and the condition in paragraph (3) (a) or (b) is met.
3
The conditions for the purposes of paragraph (2) are —
a
the company’s balance sheet total (as defined in section 382(5) of that Act) is not more than the amount for the time being specified under the heading “Small company” in section 382(3) of that Act; or
b
the average number of persons employed by the company in the financial year before that in which the application is made (determined on a weekly basis) does not exceed the number for the time being specified under the heading “Small company” in section 382(3) of that Act.
Payment of fees in respect of a traditional herbal registration
42
1
Where an application is made for the grant of a traditional herbal registration —
a
in accordance with regulation 5 of the Herbal Regulations;
b
on the grounds specified in paragraph (2); and
c
in respect of a medicinal product which falls within the description in paragraph (3),
the fee payable under regulation 12 shall be refunded or, if it has not been paid, shall be waived.
2
For the purposes of paragraph (1), the specified grounds are —
a
that the marketing authorization in respect of the medicinal product in question; or
b
in the case of a corresponding product the marketing authorization relating to product Y (as defined in paragraph (4)),
is to be revoked.
3
A medicinal product falls within this paragraph if —
a
a marketing authorization held by the applicant was granted under the Marketing Authorisation Regulations in respect of that medicinal product; or
b
that medicinal product is a corresponding product.
4
For the purposes of paragraph (3), a corresponding product is a product which is characterised by having —
a
the same active ingredients, irrespective of the excipients used or reduction in the number or quantity of active ingredients;
b
the same or similar intended purpose, equivalent strength and posology; and
c
the same or similar route of administration,
as a medicinal product (“product Y”) in respect of which a marketing authorization held by the applicant was granted under the Marketing Authorisation Regulations.
5
Where the licensing authority determines that the marketing authorizations in respect of the medicinal product in question or the marketing authorization in respect of product Y should not be revoked, the fee payable under regulation 12 which has been refunded or waived shall become payable within a period of 14 days commencing on the date of the written notice issued by the licensing authority requiring payment of those fees.
Time for payment of periodic fees
43
All periodic fees must be paid on the first day of the fee period to which they relate.
Penalty fees for late payment of periodic fees
44
1
Subject to paragraph (2), if a person has failed to pay a periodic fee at the time it should have been paid under regulation 43 a penalty fee is payable by that person.
2
A penalty fee is payable only if after a period of 60 days commencing on the date of the written notice (“the notice”) issued by the licensing authority requiring payment of that fee, the fee remains unpaid.
3
Unless regulation 45 applies, the penalty fee is —
a
£100 where the total periodic fee unpaid by a person after a period of 60 days commencing on the date the notice exceeds £200; or
b
£50 where the total periodic fee unpaid by a person after such period does not exceed £200.
4
In paragraph (3), the “total periodic fee” means the aggregate of all the periodic fees payable by a person in connection with all the authorizations, registrations, authorisations or licences held by that person.
Daily penalty fees for late payment of periodic fees
45
If the periodic fee and penalty fee under regulation 44 (“the outstanding amount”) have not been paid within a period of 90 days commencing on the date of the written notice issued by the licensing authority, the amount of penalty fee payable shall be the amount specified in regulation 44(3) plus £5 for each day of the period which —
a
begins with the day 90 days from the date of the written notice; and
b
ends with the day before that on which payment of the outstanding amount is actually made.
Refund or waiver of fees under regulation 44 or 45
46
The licensing authority may refund or waive payment of the penalty fee, or reduce the amount payable, where it is satisfied that the holder of the authorization, registration, authorisation or licence was not responsible for the failure to pay the periodic fee within the period specified in regulation 44(2) or 45.
Adjustment, waiver, reduction or refund of fees
47
1
If after a capital or periodic fee is paid it becomes apparent that —
a
a lesser fee should have been paid, the excess shall be refunded to the applicant or, as the case may be, the holder of the authorization, registration, authorisation or licence concerned; or
b
a higher fee should have been paid, the balance due shall be payable within a period of 14 days commencing on the date of the written notice issued by the licensing authority to the applicant or, as the case may be, the holder of the authorization, registration, authorisation or licence concerned requiring payment of that balance.
2
The licensing authority shall, to the extent provided in Schedule 5 in relation to capital fees or in Schedule 6 in relation to periodic fees —
a
adjust, waive payment of or reduce any fee or part of a fee otherwise payable under these Regulations; or
b
refund the whole or part of any fee already paid.
Suspension of licences and authorisations
48
1
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a —
a
product licence or a product licence of right;
b
manufacturer’s licence;
c
manufacturer’s authorisation; or
d
wholesale dealer’s licence,
the licensing authority may serve a written notice on the holder requiring payment of the sum unpaid.
2
If after a period of one month from the date of service of the notice referred to in paragraph (1), or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or, as the case may be, the authorisation until such sum has been paid.
Civil proceedings to recover unpaid fees
49
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
PART 14
Amendment of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994
50
1
The Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 are amended as follows.
2
In regulation 14 (fees for variation of certificates) —
a
in paragraph (1)(a), for “£127” substitute “£132”;
b
in paragraph (1)(b)(i), for “£127” substitute “£132”;
c
in paragraph (1)(b)(ii), for “£63.50” substitute “£66”;
d
in paragraph (2)(a), for “£250” substitute “£260”;
e
in paragraph (2)(b)(i), for “£250” substitute “£260”;
f
in paragraph (2)(b)(ii), for “£250” substitute “£260”;
g
in paragraph 2(b)(iii), for “£127” substitute “£132”; and
h
in paragraph 2(b)(iv), for “£62.50” substitute “£66”.
3
In regulation 15 (fees payable by holders of certificates), in paragraph (1), for “£22” substitute “£23”.
4
After regulation 15, insert —
Fee for a person appointed hearing
15A
1
The fee payable by an applicant or holder of a certificate of registration who gives notice under paragraph 12 of Schedule 5 of their wish to appear before or be heard by a person appointed by the licensing authority is £10,000.
2
The licensing authority will refund to that applicant or holder —
a
60% of that fee if the notice is withdrawn two weeks before the commencement of the hearing before the person appointed;
b
100% of that fee if the decision notified by the licensing authority in accordance with paragraph 12(10) of Schedule 5 is —
i
not to revoke, vary or suspend the certificate of registration; or
ii
to grant or renew the certificate of registration.
3
The fee prescribed in paragraph (1) is payable at the time the notice is given.
.
5
In the table in Schedule 2 (fees for applications for the grant of certificates of registration) —
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks) —
i
for “£164” substitute “£171”;
ii
for “£492” substitute “£512”;
iii
for “£516” substitute “£537”; and
iv
for “£813” substitute “£846”.
b
in column (3) (fees for other applications) —
i
for “£405” substitute “£421”;
ii
for “£725” substitute “£754”;
iii
for “£657” substitute “£683”; and
iv
for “£1,064” substitute “£1,107”.
6
In Schedule 2A (fees for assistance in obtaining certificates of registration in other EEA States) , in paragraph 2 —
a
in sub-paragraph (a), for “£295” substitute “£307”; and
b
in sub-paragraph (b), for “£386” substitute “£401”.
PART 15 Revocations and Savings
Revocations and savings
51
1
Regulations 9 to 13 of the Medicines for Human Use (Fees and Miscellaneous Amendments) Regulations 2003 and, subject to paragraphs (2) and (3), the Medicines (Products for Human Use-Fees) Regulations 2008 (“the 2008 Regulations”) are revoked.
2
The 2008 Regulations shall continue to apply as if they had not been revoked —
a
in relation to capital fees in respect of any application or inspection made before the date on which these Regulations come into force; and
b
to any periodic fee payable in relation to a fee period ending before the date on which these Regulations come into force.
3
The revocation of the 2008 Regulations shall not affect any proceedings constituted under those Regulations for the recovery of any fees due as debts to the Crown and for the purposes of those proceedings, the 2008 Regulations shall continue to apply as if they had not been revoked.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister for Health,
Department of Health
9th February 2009
Michael McGimpsey
Minister for Health, Social Services and Public Safety
17th February 2009
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Community Bus Regulations 2009 and shall come into force on 6th April 2009.
2
These Regulations extend to England, Scotland and Wales.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Transport Act 1985;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“corresponding disc” means the disc issued with a permit, in accordance with regulation 10, bearing the same serial number as that permit;
“corresponding permit” means the permit granted in accordance with regulation 9 which bears the same serial number as the disc issued with that permit;
“holder” means a body to which a permit has been granted;
“large bus” means a vehicle adapted to carry more than sixteen passengers;
“permit” means a community bus permit ; and
“small bus” means a vehicle adapted to carry more than eight but not more than sixteen passengers.
2
For the purposes of regulations 3 and 4 —
a
“full licence” and “Northern Ireland licence” have the meaning given in section 108 of the 1988 Act;
b
“PCV Community licence” and “passenger-carrying vehicle” have the meaning given respectively in sections 110 and 121 of the 1988 Act;
c
expressions relating to vehicle categories have the meaning given in regulation 4(2)(a) and (b) of the Motor Vehicles (Driving Licences) Regulations 1999 ;
d
a person holds a valid full licence granted under Part 3 of the 1988 Act authorising the driving of motor vehicles included in any category or sub-category if that person is authorised to drive such vehicles under section 88(1) of that Act .
Conditions to be fulfilled by driver of large bus
3
Any person who drives a large bus while it is being used under a permit must hold —
a
a licence to drive a passenger-carrying vehicle,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,
which authorises the driving of that vehicle.
Conditions to be fulfilled by driver of small bus
4
1
Any person who drives a small bus while it is being used under a permit and who is not the holder of —
a
a licence to drive a passenger-carrying vehicle,
b
a PCV Community licence, or
c
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,
which authorises the driving of that vehicle must, if that driver does not fulfil the conditions specified in paragraph (2), fulfil the alternative conditions specified in paragraph (3) and abide by the restrictions set out in paragraph (4).
2
The conditions are that the driver —
a
was first granted a full licence under Part 3 of the 1988 Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) before 1st January 1997; and
b
is the holder of a valid full licence under that Part of that Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) and sub-category D1 (not for hire or reward).
3
The alternative conditions are that the driver —
a
is the holder of —
i
a valid full licence granted under Part 3 of the 1988 Act,
ii
a valid Northern Ireland licence corresponding to the licence described in sub-paragraph (a)(i), or
iii
a valid Community licence,
authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1);
b
has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years;
c
is aged 21 years or over;
d
if aged 70 years or over, is not suffering from a relevant disability in respect of which the Secretary of State would have to refuse that person a licence authorising the driving of vehicles of a class included in sub-category D1; and
e
receives no payment or other consideration for driving the vehicle other than out-of-pocket expenses.
4
The restrictions are that the vehicle —
a
must not have a trailer attached;
b
must, in a case where the driver’s licence only authorises the driving of vehicles with automatic transmission, be fitted with automatic transmission; and
c
must satisfy the weight restrictions specified in section 18(4) of the 1985 Act .
5
For the purposes of this regulation —
a
“Community licence” has the meaning given in section 108 of the 1988 Act; and
b
“relevant disability” has the meaning given in section 92 of the 1988 Act.
Conditions of fitness for use of small bus
5
1
A small bus used under a permit must comply with the conditions of fitness specified in —
a
regulations 41 to 43 of the 1986 Regulations ; or
b
alternatively, if the vehicle was first used before 1st April 1988, regulations 6 to 33, 35 to 44 and 45A of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 .
2
For the purpose of this regulation the date on which a vehicle is first used is to be determined in accordance with regulation 3(3) of the 1986 Regulations.
Attaching conditions to permits: large buses
6
1
A traffic commissioner who granted a permit may at any time attach to it a condition restricting the use of any large bus, or any large bus of a specified description, under the permit.
2
A condition imposed by virtue of paragraph (1) may, in particular, prohibit the use of any large bus, or any large bus of a specified description, under the permit unless the traffic commissioner is satisfied that adequate facilities or arrangements are in place for maintaining any large bus, or any large bus of the specified description, in a fit and serviceable condition.
3
In this regulation, “specified” means specified in the permit.
Return of permits for conditions to be attached
7
1
A holder must, on receipt of a written notice from the traffic commissioner who granted the permit, produce the permit to the traffic commissioner so that —
a
traffic regulation conditions , or
b
conditions imposed by virtue of regulation 6,
can be attached to that permit.
2
Notice under paragraph (1) may be given by —
a
delivering it to the holder by hand;
b
delivering it by post to the proper address of the holder;
c
leaving it at the proper address of the holder;
d
transmitting it, subject to paragraph (3), in electronic format to the proper address of the holder; or
e
any other means as may be agreed between the holder and the traffic commissioner.
3
A document may be transmitted in electronic format only where the holder —
a
has indicated in writing to the traffic commissioner, and has not subsequently withdrawn the indication, that receipt of notices in electronic format will be accepted; and
b
has provided the traffic commissioner with the fax number, e-mail address or other electronic address to which such notices may be sent.
4
For the purposes of this regulation the proper address of the holder will be —
a
where the holder has provided the traffic commissioner with an address for postal service or hand delivery, that address in relation to postal service or hand delivery;
b
where the holder has provided the traffic commissioner with an electronic address described in paragraph (3)(b), that address in relation to transmission in electronic format;
c
where the holder has provided the traffic commissioner with an address for the service of notices by any other means, that address in relation to such other means; and
d
otherwise —
i
in the case of a corporation, the registered or principal office of the corporation; and
ii
in any other case, the last known address of the permit holder.
5
Subject to paragraph (6), on receipt of a notice issued under paragraph (1) the holder must, within 14 days of the date on which the notice is received, produce the permit to the traffic commissioner at the address specified in the notice.
6
The 14 day period referred to in paragraph (5) excludes any day which is Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 .
7
Where, in response to a notice issued under paragraph (1), the holder sends the permit by post, the permit is not to be treated as having been produced until it is received by the traffic commissioner.
Fee
8
Subject to regulation 11(6) and 12(9) the fee for the grant of a permit is £55.
Permits
9
1
A permit granted on or after 6th April 2009 must be granted for a period not exceeding five years.
2
Such a permit must contain —
a
the expiry date of the permit;
b
the name of the body to whom the permit has been granted;
c
the date on which the permit was granted;
d
the serial number of the permit;
e
details of any conditions imposed under section 23(3) of the 1985 Act; and
f
details of any applicable traffic regulation conditions.
Discs
10
1
Where a traffic commissioner grants a permit, that traffic commissioner must, at the same time, issue a corresponding disc.
2
Such a disc must contain —
a
the expiry date of the corresponding permit;
b
the name of the holder of the corresponding permit;
c
the date on which the corresponding permit was granted;
d
the serial number; and
e
an indication, where applicable, that conditions have been attached to the corresponding permit under section 23(3) of the 1985 Act.
3
A disc issued under paragraph (1) must contain the words “Community Bus Disc”.
4
A legible disc must, at all times when a vehicle is being used under the corresponding permit, be affixed inside the vehicle in such place that the disc —
a
does not interfere with the ability of the driver of the vehicle to drive that vehicle safely; and
b
can easily be seen and read in daylight from outside the vehicle.
Replacement of certain permits and discs which are lost or destroyed
11
1
If a permit granted on or after 6th April 2009, or a corresponding disc, is lost or destroyed the holder must immediately give notice of that fact to the traffic commissioner who granted the permit or issued the disc.
2
When giving notice under paragraph (1) the holder must —
a
surrender to the traffic commissioner any corresponding disc or corresponding permit which has not been lost or destroyed; and
b
indicate whether the holder wishes the traffic commissioner to issue a replacement permit.
3
Where notice is given under paragraph (1) and the traffic commissioner is satisfied that the permit or disc has been lost or destroyed, the traffic commissioner may, if requested to do so under paragraph (2)(b), issue the holder with a replacement permit and corresponding disc.
4
A replacement permit and corresponding disc issued by virtue of paragraph (3) must bear the same expiry date as the permit and disc which they replace.
5
If, at any time after notice has been given under paragraph (1), the permit or disc notified as having been lost or destroyed comes into the possession of the holder, the holder must immediately return that permit or disc to the traffic commissioner who granted or issued it.
6
Regulation 8 does not apply to a replacement permit issued by a traffic commissioner under paragraph (3).
Revocation of permits granted before 6th April 2009 which are lost or destroyed
12
1
If a permit granted before 6th April 2009, or a corresponding disc, is lost or destroyed the holder must immediately give notice of that fact to the traffic commissioner who granted the permit or issued the disc.
2
When giving notice under paragraph (1) the holder must —
a
surrender to the traffic commissioner any corresponding disc or corresponding permit which has not been lost or destroyed; and
b
indicate whether the holder wishes the traffic commissioner to grant a new permit.
3
Where notice is given under paragraph (1) and the traffic commissioner is satisfied that the permit or disc has been lost or destroyed, the traffic commissioner may, if requested to do so under paragraph (2)(b), grant a new permit and issue a corresponding disc.
4
Where the holder requests a new permit under paragraph (2)(b), the revocation date of the permit which has been lost, destroyed, or surrendered to the traffic commissioner is either —
a
the date on which the traffic commissioner grants a new permit and issues a corresponding disc; or
b
the date on which the traffic commissioner notifies the holder of the decision not to grant a new permit.
5
Where the holder does not request a new permit under paragraph (2)(b), the revocation date of the permit which has been lost, destroyed, or surrendered to the traffic commissioner is the date on which the notice given under paragraph (1) is received by the traffic commissioner.
6
A new permit granted by virtue of paragraph (3) must comply with regulation 9, and the corresponding disc must comply with regulation 10.
7
If, at any time after notice has been given under paragraph (1), the permit or disc notified as having been lost or destroyed comes into the possession of the holder, the holder must immediately return that permit or disc to the traffic commissioner who granted or issued it.
8
In this regulation the “revocation date” is the revocation date for the purposes of section 60(2) of the Local Transport Act 2008.
9
Regulation 8 does not apply to a new permit granted under paragraph (3).
Surrender of permits and discs
13
Where a permit is revoked under section 23(6) of the 1985 Act, or if the holder ceases to operate local services under the permit, the holder must immediately surrender the permit and corresponding disc to the traffic commissioner who granted and issued them.
Revocation
14
The Regulations listed in the Schedule are revoked.
Signed by authority of the
Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
21st February 2009


text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous and Consequential Amendments) Regulations 2009 and shall come into force on 6th April 2009.
2
In these Regulations —
“the Departure Direction Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ; and
“the Variations Regulations ” means the Child Support (Variations) Regulations 2000 .
Amendments to the Departure Direction Regulations
2
1
The Departure Direction Regulations are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition of “Arrears Regulations” insert —
“the Commission” means the Child Maintenance and Enforcement Commission;
.
3
For regulation 24 of the Departure Direction Regulations (diversion of income), substitute —
24
1
A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where —
a
the non-applicant (“A”) has the ability to control the amount of income that —
i
A receives, or
ii
is taken into account as A’s assessable income,
including earnings from employment or self-employment and dividends from shares, whether or not the whole of that income is derived from the company or business from which those earnings are derived; and
b
the Commission is satisfied that A has unreasonably reduced the amount of A’s income which would otherwise fall to be taken into account under regulation 7 or 8 of the Maintenance Assessments and Special Cases Regulations by diverting it to other persons or for purposes other than the provision of such income for A.
2
In this regulation “assessable income” means the amount calculated in accordance with paragraph 5(1) to (3) of Schedule 1 to the Act and regulations made for the purposes of that paragraph.
.
Amendment of the Maintenance Assessments and Special Cases Regulations
3
1
The Maintenance Assessments and Special Cases Regulations are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
after the definition of “patient” insert —
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 ;
;
b
after the definition of “profit-related pay” insert —
“qualifying age for state pension credit” means —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
.
3
In regulation 9(1)(d) (exempt income: calculation or estimation of E), for “aged less than 60” substitute “who had not attained the qualifying age for state pension credit”.
4
In regulation 18(2)(a)(iii) (excessive housing costs), for “were aged less than 60” substitute “had not attained the qualifying age for state pension credit”.
5
In Schedule 2, after paragraph 15 insert —
15A
A payment made by the Secretary of State under section 2 of the Employment and Training Act 1973 by way of In-Work Credit, Better Off In-Work Credit or Return to Work Credit.
.
Amendments to the Variations Regulations
4
1
The Variations Regulations are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition of “capped amount” insert —
“the Commission” means the Child Maintenance and Enforcement Commission;
.
3
In regulation 19 of the Variations Regulations (income not taken into account and diversion of income), for paragraph (4) substitute —
4
A case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Act where —
a
the non-resident parent (“P”) has the ability to control the amount of income that —
i
P receives, or
ii
is taken into account as P’s net weekly income,
including earnings from employment or self-employment, whether or not the whole of that income is derived from the company or business from which those earnings are derived; and
b
the Commission is satisfied that P has unreasonably reduced the amount of P’s income which would otherwise fall to be taken into account under the Maintenance Calculations and Special Cases Regulations or paragraph (1A) by diverting it to other persons or for purposes other than the provision of such income for P.
4A
In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Kitty Ussher.
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th March 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Yorkshire Hospitals National Health Service Trust (Establishment) Amendment Order 2009 and shall come into force on 1st July 2009.
2
In this Order —
“the Establishment Order ” means the Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 2002 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
; and
c
in the definition of “operational date” for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Amendment of nature and functions of the trust
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
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.
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
24th June 2009


text:
Citation commencement, extent and revocation
1
1
These Regulations may be cited as the Ministry of Defence Police (Committee) Regulations 2009 and shall come into force on 28th July 2009.
2
The Ministry of Defence Police (Police Committee) Regulations 1995 are revoked.
The Committee
2
There shall continue to be a Ministry of Defence Police Committee (“the Committee”) appointed by the Secretary of State for Defence (“the Secretary of State”) whose functions shall be —
1
to advise the Secretary of State on matters concerning the Ministry of Defence Police; and
2
to exercise any other functions conferred on it by regulations made under the Ministry of Defence Police Act 1987.
Membership of the Committee
3
The members of the Committee shall be —
a
an independent external member appointed by the Secretary of State, who shall be the chairperson of the Committee;
b
a Police Adviser for England and Wales appointed by the Secretary of State;
c
a Police Adviser for Scotland appointed by the Secretary of State;
d
the Director General Human Resources and Corporate Services at the Ministry of Defence ;
e
the Director of Business Resilience at the Ministry of Defence;
f
three independent external members appointed by the Secretary of State;
g
an official from Defence Security at the Ministry of Defence, who shall be the Clerk to the Committee.
Bob Ainsworth
Secretary of State for Defence
1st July 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Agriculture (Cross compliance) Regulations 2009; they apply in England and come into force on 1st January 2010.
Designation
2
The Secretary of State is the competent national authority for the purposes of Council Regulation ( EC ) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers .
Standards of good agricultural and environmental condition
3
1
The standards of good agricultural and environmental condition set out in Schedule 1 apply as minimum requirements for the purposes of Article 6 of, and Annex III to, Council Regulation (EC) No 73/2009 .
2
But the provisions of Schedule 2 set out the circumstances in which breach of a provision of Schedule 1 does not constitute non-compliance.
Permanent pasture
4
1
If it is established that the ratio in Article 3(1) of Commission Regulation (EC) No 1122/2009 (laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ) is decreasing, the Secretary of State must prohibit a claimant from converting land under permanent pasture, in accordance with Article 4(1) of that Regulation.
2
If it is established that the obligation in Article 3(2) of that Regulation cannot otherwise be met, the Secretary of State must oblige a claimant to reconvert land to permanent pasture in accordance with Article 4(2) of that Regulation.
3
But the Secretary of State must not —
a
prohibit a claimant from converting land under permanent pasture where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation, or
b
require a claimant to reconvert land where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation and later converted it out of permanent pasture.
Competent control authorities
5
1
The Secretary of State is the competent control authority for the purposes of Article 48(1) of Commission Regulation (EC) No 1122/2009 and for these Regulations except as otherwise specified in this regulation.
2
The Environment Agency is the competent control authority for —
a
the statutory management requirements under numbers 2, 3 and 4 of Annex II to Council Regulation (EC) No 73/2009 ,
b
for control of abstraction for irrigation purposes under Annex III to that Regulation; and
c
nitrate control under paragraphs 1 and 8(5) of Schedule 1.
3
Natural England is the competent control authority for the purposes of Article 8 and Chapters I and III of Title III of Part II of Commission Regulation (EC) No 1122/2009 , if requested to act as such by the Secretary of State.
4
If Natural England is requested by the Secretary of State to carry out controls under this regulation, it must send a provisional control report in relation to the controls carried out to the Secretary of State.
5
Any competent control body enforces these Regulations and may authorise persons to enforce them.
Powers of authorised persons
6
1
An authorised person of an enforcement body may exercise any of the powers specified in this regulation for the purpose of enforcing Council Regulation (EC) No 73/2009 , Commission Regulation (EC) No 1122/2009 , or these Regulations.
2
A person so authorised, on producing, if so required, some duly authenticated document showing authority to do so, at all reasonable hours may enter any land, other than a building used only as a dwelling.
3
An authorised person may —
a
inspect the premises and any livestock, crops, machinery or equipment;
b
carry out any inquiries, checks, examinations, measurements and tests;
c
take samples;
d
mark any animal or other thing for identification purposes;
e
have access to, inspect and copy any documents or records (in whatever form they are held) or remove such documents or records to enable them to be copied;
f
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documents or records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as is reasonably required and, where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it can be taken away;
g
remove a carcase found on the land for the purpose of carrying out a post-mortem examination on it;
h
take a photograph of anything on the land; and
i
remove anything reasonably believed to be evidence of any non-compliance.
4
An authorised person entering any premises by virtue of this regulation may be accompanied by —
a
such other persons as are necessary; and
b
any representative of the European Union acting for the purposes of the Community Regulations enforced by these Regulations.
5
An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before entry.
6
An authorised person who enters any land under a power under other legislation may exercise any of the powers specified in this regulation for the purposes of enforcing these Regulations.
Obstruction
7
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocations
8
The Regulations in Schedule 3 are revoked to the extent specified.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
9th December 2009


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendments) (No.2) Rules 2009 and come into force on the 1 st September 2009.
Amendment to the Family Proceedings Courts (Children Act 1989) Rules 1991
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 , are amended in accordance with rules 3 to 8.
3
In rule 2.5(c), after “4(3)(b),” insert “4ZA(6)(b),”.
4
In rule 4, after “4(1)(c)”, wherever it occurs, insert “,4ZA(1)(c) or 4A(1)(b)”.
5
In rule 9, after “4(1)(c)”, insert “,4ZA(1)(c) or 4A(1)(b)”.
6
In rule 21A, in the definition of “the birth father”, after “section 28 of the 1990 Act” insert “or by sections 35 to 40 of the Human Fertilisation and Embryology Act 2008 ”.
7
In Schedule 1, for Forms C13A, C19 and C28, substitute the forms set out in Schedule 1 to these Rules.
8
In Schedule 2, in the second entry —
a
in column (i), after “4(3),” insert “4ZA(1)(c), 4ZA(6),”; and
b
in column (iv), for “the father of the child if he”, substitute “the father or parent (being a woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008) of the child if that person”.
Amendment to the Family Proceedings Courts (Matrimonial Proceedings etc. ) Rules 1991
9
In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 , for Form FL401 substitute the form set out in Schedule 2 to these Rules.
Lord Judge,C.J.
I concur
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
21st July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Payment Services (Amendment) Regulations 2009.
2
Subject to paragraph (3), these Regulations come into force on 1st November 2009.
3
These Regulations come into force on 1st October 2009 for the purposes —
a
referred to in regulation 1(2)(b)(v), (vii), (viii) and (ix) of the Payment Services Regulations 2009 ; and
b
of enabling the Authority to give directions as to the manner in which an application or request under regulation 5(1) or (2), 10(1)(b), 12(1) or (2) or 29(3) of the Payment Services Regulations 2009 is to be made and enabling the Authority to require the applicant or the person making the request to provide further information in accordance with regulation 5(4), 10A(2), 12(4) or 29(3)(a)(iv) of those Regulations, as the case may be.
Amendments to the Payment Services Regulations 2009
2
The Payment Services Regulations 2009 are amended as follows.
3
After regulation 10 insert —
Request for cancellation of authorisation
10A
1
A request for cancellation of a person’s authorisation under regulation 10(1)(b) must be made in such manner as the Authority may direct.
2
At any time after receiving a request and before determining it, the Authority may require the person making the request to provide it with such further information as it reasonably considers necessary to enable it to determine the request.
3
Different directions may be given and different requirements imposed, in relation to different requests or categories of request.
.
4
In regulation 42(1) for “communicated” substitute “provided”.
5
In regulation 43(7) for “as unenforceable or void (including any right arising out of a breach of the contract)” substitute “, in accordance with the general law of contract, as unenforceable, void or discharged”.
6
In regulation 47 —
a
in paragraph (1)(a) insert at the beginning “in the case of single payment service contracts,”;
b
in paragraph (1)(b) for “if the payment service user so requests” substitute “subject to paragraph (2)”;
c
for paragraph (2) substitute —
2
Paragraph (1)(b) —
a
in the case of single payment service contracts, only applies where the payment service user so requests; and
b
in the case of framework contracts, is subject to any agreement in accordance with regulation 45(3) or 46(3) as to the manner in which information is to be provided or made available.
.
7
In regulation 51(3)(a) for “55(2)” substitute “55(3) or (4)”.
8
In regulation 66(1)(c) insert at the beginning “where it is possible to provide reasons for the refusal and those reasons relate to factual matters,”.
9
In regulation 69 —
a
in paragraphs (1) and (2) before “transaction” insert in each place “payment”;
b
for paragraph (1)(b) substitute —
b
executed wholly within the United Kingdom in sterling; or
.
10
In regulation 72(b) after “end of the” insert “next”.
11
For regulation 110(1)(d) and (e) substitute —
d
a credit institution authorised in the UK or exercising an EEA right in accordance with Part 2 of Schedule 3 to the 2000 Act (exercise of passport rights by EEA firms) ;
e
an electronic money institution authorised in the UK or exercising an EEA right in accordance with Part 2 of Schedule 3 to the 2000 Act;
f
the Post Office Limited;
g
the Bank of England, the European Central Bank or a national central bank of an EEA State other than the United Kingdom,
h
a government department or a local authority; or
i
exempt under regulation 3.
.
12
After regulation 126 insert —
Gibraltar
Application to Gibraltar
127
Schedule 7, which contains provisions concerning the application of these Regulations to Gibraltar, has effect.
13
After Schedule 6 to the 2009 Regulations, insert —
SCHEDULE 7
Regulation 127
Exercise of deemed passport rights by Gibraltar-based firms
1
1
These Regulations apply in relation to a firm which —
a
has its head office in Gibraltar; and
b
is authorised in Gibraltar to provide payment services;
as follows.
2
The firm is to be treated as having an entitlement, corresponding to its passport right deriving from the payment services directive, to establish a branch or provide services in the United Kingdom.
3
References in these Regulations to —
a
“an EEA authorised payment institution” are to be treated as references to the firm;
b
“home state competent authority” are to be treated as references to the competent authority (within the meaning of the payment services directive) in Gibraltar in relation to the firm; and
c
“passport rights” are to be treated as references to the entitlement mentioned in sub-paragraph (2).
Exercise by authorised payment institutions of deemed passport rights in Gibraltar
2
1
For the purposes of these Regulations, an authorised payment institution is to be treated as having an entitlement, corresponding to its passport right, to establish a branch or provide services in Gibraltar.
2
In relation to an authorised payment institution which establishes a branch, or provides services, in Gibraltar, references in these Regulations to —
a
“EEA branch” are to be treated as including a reference to such a branch;
b
“host state competent authority” are to be treated as including a reference to the competent authority (within the meaning of the payment services directive) in Gibraltar in relation to the institution;
c
“passport rights” are to be treated as including references to the entitlement mentioned in sub-paragraph (1); and
d
“EEA State” are to be treated as including references to Gibraltar.
Modification of legislation
3
1
Section 155(7) of the 2000 Act (consultation) has effect for the purposes of these Regulations as if modified by adding at the end “or if it is making rules for the purpose of extending rules that apply to EEA authorised payment institutions to Gibraltar-based firms”.
2
Paragraph 14 of Schedule 17 to the 2000 Act (the ombudsman scheme) has effect for the purposes of these Regulations as if modified by adding at the end —
8
Sub-paragraphs (4), (5) and (6) above do not apply if the scheme operator is making rules for the purpose of extending rules that apply to EEA authorised payment institutions to Gibraltar-based firms.
.
.
Dave Watts
Bob Blizzard
Two Lords Commissioners of Her Majesty’s Treasury
8th September 2009


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Limited Partnerships (Forms) Rules 2009 and come into force on 1st October 2009.
2
In these Rules —
a
“the 1907 Act ” means the Limited Partnerships Act 1907; and
b
“the 1907 Rules ” means the Limited Partnerships Rules 1907 .
Revocation of the Limited Partnerships Rules 1907
2
The 1907 Rules (except for rule 3) are revoked .
Forms to be used for the purpose of the Limited Partnerships Act 1907
3
1
The form in Part 1 of the Schedule must be used for any application for the registration of a limited partnership under the 1907 Act.
2
The form in Part 2 of the Schedule must be used for any statement sent or delivered to the registrar under section 9 of the 1907 Act.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
31st July 2009


text:
In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1
These Regulations may be cited as the Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 and shall come into force on 6th January 2010.
Amendments to the Immigration (Biometric Registration) Regulations 2008
2
The Immigration (Biometric Registration) Regulations 2008 are amended as follows.
3
In regulation 2 (Interpretation) for the definition of “dependant” substitute —
“dependant” means a spouse, a civil partner, an unmarried or same-sex partner, or a child.
.
4
In paragraph (2)(b) of regulation 3 (Requirement to apply for a biometric immigration document) after “applying” insert “, or has applied on or after 25th November 2008,”.
5
In regulation 4 (Specified categories) —
a
after paragraph (l) omit “or”;
b
in paragraph (m) for “sole representative” substitute “representative of an overseas business;”; and
c
after paragraph (m) insert —
or
n
as a Tier 2 Migrant making an application under that category for leave to remain for a period which, together with any preceding period of leave, exceeds a cumulative total of 6 months leave in the UK as a Tier 2 Migrant.
.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
15th December 2009


text:
Citation and commencement
1
These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2009 and come into force on 1st April 2009.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
2
In rule 1(3) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (interpretation) in the definition of “asylum support case” for “or his or her dependants” substitute “, a failed asylum seeker or a person designated under section 130 of the Criminal Justice and Immigration Act 2008 (designation), or the dependants of any such person”.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
3
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
4
In the table of contents —
a
in the heading below “PART 3” for “Appeals and references to” substitute “Procedure for cases in”; and
b
after the entry for rule 26 insert —
26A. Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent
.
5
In rule 1(3) (interpretation) —
a
for the definition of “appellant” substitute —
“appellant” means —
a person who makes an appeal, or applies for permission to appeal, to the Upper Tribunal;
in proceedings transferred or referred to the Upper Tribunal from the First-tier Tribunal, a person who started the proceedings in the First-tier Tribunal; or
a person substituted as an appellant under rule 9(1) (substitution and addition of parties);
;
b
omit the definition of “disability discrimination in schools case”;
c
omit the definition of “legal representative”;
d
in the definition of “respondent” —
i
omit sub-paragraph (a)(ii); and
ii
after sub-paragraph (c) insert —
ca
in proceedings transferred or referred to the Upper Tribunal from the First-tier Tribunal, a person who was a respondent in the proceedings in the First-tier Tribunal;
; and
e
omit the definition of “special educational needs case”.
6
1
Rule 8 (striking out a party’s case) is amended as follows.
2
In paragraph (7) —
a
after “to a respondent” insert “or an interested party”;
b
in sub-paragraphs (a) and (b) after “respondent” insert “or interested party”; and
c
in sub-paragraph (b) omit “from”.
3
In paragraph (8) —
a
after “a respondent” insert “or an interested party”; and
b
after “that respondent” insert “or interested party, and may summarily determine any or all issues against that respondent or interested party”.
7
For rule 10 (orders for costs) substitute —
Orders for costs
10
1
The Upper Tribunal may not make an order in respect of costs (or, in Scotland, expenses) in proceedings referred by or on appeal from another tribunal except —
a
in proceedings on appeal from the Tax Chamber of the First-tier Tribunal; or
b
to the extent and in the circumstances that the other tribunal had the power to make an order in respect of costs (or, in Scotland, expenses).
2
The Upper Tribunal may not make an order in respect of costs or expenses under section 4 of the Forfeiture Act 1982 .
3
In other proceedings, the Upper Tribunal may not make an order in respect of costs or expenses except —
a
in judicial review proceedings;
b
in proceedings transferred from the Tax Chamber of the First-tier Tribunal;
c
under section 29(4) of the 2007 Act (wasted costs); or
d
if the Upper Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings.
4
The Upper Tribunal may make an order for costs (or, in Scotland, expenses) on an application or on its own initiative.
5
A person making an application for an order for costs or expenses must —
a
send or deliver a written application to the Upper Tribunal and to the person against whom it is proposed that the order be made; and
b
send or deliver with the application a schedule of the costs or expenses claimed sufficient to allow summary assessment of such costs or expenses by the Upper Tribunal.
6
An application for an order for costs or expenses may be made at any time during the proceedings but may not be made later than 1 month after the date on which the Upper Tribunal sends —
a
a decision notice recording the decision which finally disposes of all issues in the proceedings; or
b
notice of a withdrawal under rule 17 which ends the proceedings.
7
The Upper Tribunal may not make an order for costs or expenses against a person (the “paying person”) without first —
a
giving that person an opportunity to make representations; and
b
if the paying person is an individual and the order is to be made under paragraph (3)(a), (b) or (d), considering that person’s financial means.
8
The amount of costs or expenses to be paid under an order under this rule may be ascertained by —
a
summary assessment by the Upper Tribunal;
b
agreement of a specified sum by the paying person and the person entitled to receive the costs or expenses (“the receiving person”); or
c
assessment of the whole or a specified part of the costs or expenses incurred by the receiving person, if not agreed.
9
Following an order for assessment under paragraph (8)(c), the paying person or the receiving person may apply —
a
in England and Wales, to the High Court or the Costs Office of the Supreme Court (as specified in the order) for a detailed assessment of the costs on the standard basis or, if specified in the order, on the indemnity basis; and the Civil Procedure Rules 1998 shall apply, with necessary modifications, to that application and assessment as if the proceedings in the tribunal had been proceedings in a court to which the Civil Procedure Rules 1998 apply;
b
in Scotland, to the Auditor of the Court of Session for the taxation of the expenses according to the fees payable in that court; or
c
in Northern Ireland, to the Taxing Office of the High Court of Northern Ireland for taxation on the standard basis or, if specified in the order, on the indemnity basis.
8
In rule 11 (representatives) —
a
in paragraph (2) omit “and to each other party”;
b
after paragraph (2) insert —
2A
If the Upper Tribunal receives notice that a party has appointed a representative under paragraph (2), it must send a copy of that notice to each other party.
; and
c
after paragraph (8) insert —
9
In this rule “legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990 , an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland.
9
After rule 12(4) (calculating time) insert —
5
In this rule —
“disability discrimination in schools case” means proceedings concerning disability discrimination in the education of a child or related matters; and
“special educational needs case” means proceedings concerning the education of a child who has or may have special educational needs.
10
In rule 13(1)(a) (sending and delivery of documents) for “delivered by hand” substitute “by document exchange, or delivered by hand,”.
11
For rule 16(4) (summoning or citation of witnesses and orders to answer questions or produce documents) substitute —
4
A person who receives a summons, citation or order may apply to the Upper Tribunal for it to be varied or set aside if they did not have an opportunity to object to it before it was made or issued.
5
A person making an application under paragraph (4) must do so as soon as reasonably practicable after receiving notice of the summons, citation or order.
6
A summons, citation or order under this rule must —
a
state that the person on whom the requirement is imposed may apply to the Upper Tribunal to vary or set aside the summons, citation or order, if they did not have an opportunity to object to it before it was made or issued; and
b
state the consequences of failure to comply with the summons, citation or order.
.
12
In rule 20(1) (power to pay expenses and allowances) omit “which are not an appeal from the decision of another tribunal or judicial review proceedings”.
13
In the heading of Part 3, for “Appeals and references to” substitute “Procedure for cases in”.
14
For rule 22(3) (decision in relation to permission to appeal) substitute —
3
Paragraph (4) applies where the Upper Tribunal, without a hearing, determines an application for permission to appeal —
a
against a decision of —
i
the Tax Chamber of the First-tier Tribunal;
ii
the Health, Education and Social Care Chamber of the First-tier Tribunal ;
iii
the Mental Health Review Tribunal for Wales; or
iv
the Special Educational Needs Tribunal for Wales; or
b
under section 4 of the Safeguarding Vulnerable Groups Act 2006.
15
In rule 24(4) (response to the notice of appeal) for “notice” substitute “response”.
16
After rule 26 (references under the Forfeiture Act 1982) insert —
Cases transferred or referred to the Upper Tribunal, applications made directly to the Upper Tribunal and proceedings without notice to a respondent
26A
1
Paragraphs (2) and (3) apply to a case which —
a
has been transferred or referred to the Upper Tribunal from the First-tier Tribunal; or
b
is a case, other than an appeal or a case to which rule 26 (references under the Forfeiture Act 1982) applies, which is started by an application made directly to the Upper Tribunal.
2
In a case to which this paragraph applies —
a
the Upper Tribunal must give directions as to the procedure to be followed in the consideration and disposal of the proceedings; and
b
the preceding rules in this Part will only apply to the proceedings to the extent provided for by such directions.
3
If a case or matter to which this paragraph applies is to be determined without notice to or the involvement of a respondent —
a
any provision in these Rules requiring a document to be provided by or to a respondent; and
b
any other provision in these Rules permitting a respondent to participate in the proceedings
does not apply to that case or matter.
17
In rule 28(2) (applications for permission to bring judicial review proceedings) after “decision” insert “, action or omission”.
18
In rule 29(2) (acknowledgment of service) —
a
in sub-paragraph (a), after “intends to” insert “support or”; and
b
in sub-paragraph (b), after “grounds for any” insert “support or”.
19
In rule 37(4) (public and private hearings) —
a
omit “or” after sub-paragraph (c); and
b
after sub-paragraph (d) insert —
; or
e
a person under the age of eighteen years.
20
In rule 39(2) (consent orders) omit “, or provide reasons for the order”.
21
In rule 40 (decisions) —
a
in paragraph (2) omit “Subject to rule 14(2) (withholding harmful information),”; and
b
in paragraph (3) before “The Upper Tribunal must” insert “Subject to rule 14(2) (withholding harmful information),”.
22
In rule 41 (interpretation), in the definition of “appeal” before “means” insert “, except in rule 44(2) (application for permission to appeal),”.
23
In rule 44(2) (application for permission to appeal) —
a
at the end of sub-paragraph (b) omit “or”; and
b
after sub-paragraph (b) insert —
ba
on an appeal against a decision of a Pensions Appeal Tribunal for Scotland or Northern Ireland; or
.
Patrick Elias
Philip Brook Smith Q.C.
Carolyn Kirby
Nicholas Warren
Douglas J May
Newton of Braintree
Nuala Brice
Mark Rowland
M J Reed
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No.2) Regulations 2009 and shall come into force on 31st August 2009.
Amendment of the Authorised Investment Funds (Tax) (Amendment) Regulations 2009 ( S.I. 2009/2036 )
2
1
The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 are amended as follows.
2
Omit regulation 30 (amendment of regulation 95).
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2009 and shall come into force on 1st September 2009.
Amendment to the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006
2
1
The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 are amended as follows.
2
In Part 2 (general), regulation 5(2) (prescribed descriptions of arrangements) is amended as follows —
a
in sub-paragraph (f) omit “and”;
b
in sub-paragraph (g) for the full stop at the end substitute “; and”; and
c
after sub-paragraph (g) insert —
h
regulation 17A (description 8: pensions).
.
3
In Part 3 (prescribed arrangements), after regulation 17 insert —
Description 8: Pensions
17A
Arrangements are prescribed if —
a
they involve the accrual or expected accrual of benefits in a pension scheme (within the meaning of section 150 of the Finance Act 2004 ) to or in respect of a person; and
b
the main benefit of those arrangements is that —
i
the person would not be subject to the special annual allowance charge provided under Schedule 35 to the Finance Act 2009 ; or
ii
the person incurs the special annual allowance charge but at a lesser amount than would have been incurred if the arrangements had not been entered into.
.
Time for providing information: transitional provisions
3
1
Where paragraph (2) applies, the prescribed period or time (as the case may be) to be found in accordance with regulation 4 of the Tax Avoidance Schemes (Information) Regulations 2004 (time for providing information under section 308, 308A , 309 or 310) shall end on 31st October 2009 instead of the day on which it would end by virtue of that regulation.
2
This paragraph applies in respect of proposals or arrangements (as the case may be) that are notifiable by virtue of regulation 17A of the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006.
a
for the purposes of section 308(1) of the Finance Act 2004 if the relevant date in relation to a proposal falls within the period beginning with 23rd April 2009 and ending with 31st August 2009;
b
for the purposes of section 308(3) of the Finance Act 2004 if the date on which the promoter first becomes aware of any transaction forming part of the arrangements falls within the period beginning with 23rd April 2009 and ending with 31st August 2009;
c
for the purposes of sections 309 and 310 of the Finance Act 2004 if the date on which any transaction forming part of the arrangements is entered into falls within the period beginning with 23rd April 2009 and ending with 31st August 2009.
3
In paragraph (2)(a) “the relevant date” has the meaning given by section 308(2) of the Finance Act 2004.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009