text:
Citation and commencement
1
These Regulations —
a
may be cited as the Energy Information (Miscellaneous Amendments) Regulations 2009; and
b
come into force on 15th October 2009.
Amendment of the Energy Information (Washing Machines) Regulations 1996
2
1
The Energy Information (Washing Machines) Regulations 1996 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”; and
b
after the definition of “label”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 ;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 9 (dealers’ duty in respect of displayed appliances) and regulation 12 (printed communications), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of information notices), regulation 7 (suppliers to be responsible for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 13 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 5 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Tumble Driers) Regulations 1996
3
1
The Energy Information (Tumble Driers) Regulations 1996 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”; and
b
after the definition of “label”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 9 (dealers’ duty in respect of displayed appliances) and regulation 12 (printed communications), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of information notices), regulation 7 (suppliers’ to be responsible for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 13 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 5 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Combined Washer-driers) Regulations 1997
4
1
The Energy Information (Combined Washer-driers) Regulations 1997 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”.
b
after the definition of “label”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 9 (dealers’ duty in respect of displayed appliances) and regulation 12 (printed communications), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of information notices), regulation 7 (suppliers to be responsible for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 13 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 5 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Lamps) Regulations 1999
5
1
The Energy Information (Lamps) Regulations 1999 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”; and
b
after the definition of “the Lamps Directive”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 9 (dealers’ duties) and regulation 10 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of product brochures and information notices), regulation 7 (suppliers’ responsibility for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 11 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 4 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Dishwashers) Regulations 1999
6
1
The Energy Information (Dishwashers) Regulations 1999 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”; and
b
after the definition of “label”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these regulations the enforcement authority means —
a
for the purpose of enforcing regulation 9 (dealers’ duty in respect of displayed regulated dishwashers) and regulation 10 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of information notices), regulation 7 (suppliers’ responsibility for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 11 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 5 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Household Electric Ovens) Regulations 2003
7
1
The Energy Information (Household Electric Ovens) Regulations 2003 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”; and
b
after the definition of “label”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 11 (dealers’ duty in respect of displayed regulated household electric ovens) and regulation 12 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 6 (placing on the market: technical documentation), regulation 7 (suppliers’ duties in respect of labels), regulation 8 (suppliers’ duties in respect of the information notice), regulation 10 (suppliers’ duties in respect of the accuracy of labels and information notices) and regulation 14 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 6 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.
.
Amendment of the Energy Information (Household Refrigerators and Freezers) Regulations 2004
8
1
The Energy Information (Household Refrigerators and Freezers) Regulations 2004 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authorities”;
b
for the definition of “the harmonized standards”, substitute —
“harmonized standards” means EN 153:2006;
; and
c
after the definition of “information sheet”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
In these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 11 (dealers’ duty in respect of displayed appliances) and regulation 12 (information in respect of mail order and other distance selling), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 6 (placing on the Community market: technical documentation), regulation 7 (suppliers’ duties in respect of labels), regulation 8 (suppliers’ duties in respect of information sheets), regulation 9 (suppliers’ duty in respect of the accuracy of information) and regulation 13 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 6 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.”.
Amendment of the Energy Information (Household Air Conditioners) (No.2) Regulations 2005
9
1
The Energy Information (Household Air Conditioners) (No.2) Regulations 2005 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit the definition of “enforcement authority”;
b
for the definition of “the harmonised standards”, substitute —
“harmonised standards” means EN 14511:2007 Parts 1-4;
; and
c
after the definition of “information sheet”, insert —
“local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
.
3
After regulation 2 (interpretation), insert —
Enforcement authority
2A
1
in these Regulations the enforcement authority means —
a
for the purpose of enforcing regulation 11 (dealers’ duty in respect of a displayed regulated appliance) and regulation 12 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and
b
for the purpose of enforcing regulation 6 (placing on the market: technical documentation), regulation 7 (suppliers’ duties in respect of labels), regulation 8 (suppliers’ duties in respect of the information sheet), regulation 10 (suppliers’ duties in respect of the accuracy of labels and information sheets) and regulation 14 (misleading information), the Secretary of State.
2
The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.
3
Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details —
a
identifying that person, and
b
of the extent of the authorisation, including any limitations or conditions,
on the Department for Environment, Food and Rural Affairs website.
.
4
After paragraph 2 of Schedule 4 (offences, enforcement and other matters), insert —
Time limit for prosecution of offences
2A
1
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid,
b
in Northern Ireland, the complaint is made, or
c
in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.
2
For the purposes of subsection (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.”.
Dan Norris
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th September 2009


type: legislation

jurisdiction: UK

text:
PART 1 PRELIMINARY PROVISIONS AND INTERPRETATION
Citation, commencement and effect
1
1
These Regulations may be cited as the Corporation Tax (Financing Costs and Income) Regulations 2009 and, subject to paragraph (2), shall come into force on 1st January 2010.
2
Circumstance 4 in regulations 13(2) and 28(2) come into force on 1st April 2010.
3
These Regulations have effect in relation to periods of account beginning on or after 1st January 2010.
Introduction and structure of Regulations
2
1
These Regulations make provision about the treatment for the purposes of corporation tax of certain financing costs and certain financing income of companies that are members of a group.
2
The structure of these Regulations is as follows —
Part 1 makes provision in relation to general and preliminary matters;
Part 2 makes provision in relation to the disallowance of deductions;
Part 3 makes provision in relation to the exemption of financing income.
Interpretation
3
1
For the purposes of these Regulations —
a
“Schedule 15” means Schedule 15 of the Finance Act 2009 (tax treatment of financing costs and income);
b
a company is an “immediate parent” of another company if it directly owns more than 50% of the ordinary share capital of that other company;
c
a company is an “ultimate UK parent” in relation to a group if it —
i
is a member of the group,
ii
is a corporate entity,
iii
is not a subsidiary (whether direct or indirect) of a corporate entity resident in the United Kingdom,
iv
is not a collective investment scheme, and
v
is a company to which Part 3 and Part 4 of Schedule 15 apply.
2
In this regulation, “collective investment scheme” has the meaning given by paragraph 80(2) of Schedule 15.
PART 2 DISALLOWANCE OF DEDUCTIONS
CHAPTER 1
APPOINTMENT OF AUTHORISED COMPANY
Appointment of authorised company
4
1
An appointment under paragraph 17 of Schedule 15 must be made in accordance with this regulation.
2
The company seeking to be appointed (“the applicant company”) must make an application in writing to an officer of Revenue and Customs at least 3 months before the time specified in paragraph 19(2) of Schedule 15 (submission of statement of allocated disallowances).
3
The application must be sent to the tax office that deals with the corporation tax affairs of the applicant company.
4
The application must specify —
a
the name and the tax office reference of the applicant company,
b
the names and the tax office references of the other companies to which Part 3 of Schedule 15 applies,
c
the first period of account of the worldwide group in relation to which the appointment is to apply, and
d
except in relation to the ultimate parent, the name of the immediate parent of the applicant company and each of the other companies to which Part 3 of Schedule 15 applies.
5
The application must contain a statement by the applicant company and by each of the other companies to which Part 3 of Schedule 15 applies —
a
that the appointment is made under paragraph 17 of Schedule 15,
b
that the applicant company will act on behalf of all the companies to which Part 3 of Schedule 15 applies for all relevant periods of account for which the appointment has effect,
c
that no application will be made by a company to amend its company tax return in relation to a financing expense amount specified under paragraph 21(4)(b) of Schedule 15 other than through a revised statement submitted by the applicant company in accordance with paragraph 20 of Schedule 15, and
d
agreeing to be bound by any statement of allocated disallowances or revised statement delivered by the applicant company.
6
The application must be accompanied by a specimen copy of a statement of allocated disallowances that the applicant company proposes to submit in relation to the relevant period of account.
Supplemental provisions: timing and effect
5
1
An appointment under paragraph 17 of Schedule 15 has effect on the date (“the three month date”) that is three months after the application is delivered to the tax office in accordance with regulation 4(3).
This is subject to paragraphs (2) to (4).
2
An officer of Revenue and Customs may accept the application before the three month date.
3
Where paragraph (2) applies, the officer of Revenue and Customs may amend the list of companies to which Part 3 of Schedule 15 applies specified under regulation 4(4)(b) to exclude any company that is not a company to which Part 3 of Schedule 15 applies for the relevant period of account.
4
An appointment under paragraph 17 of Schedule 15 is of no effect if before the three month date an officer of Revenue and Customs refuses the application on the grounds that —
a
the specimen statement of allocated disallowances provided in accordance with regulation 4(6) is not adequate for the purposes of Part 3 of Schedule 15, or
b
a company to which Part 3 of Schedule 15 applies has been omitted from the list of companies specified under regulation 4(4)(b).
Duration of appointment
6
Once an appointment under paragraph 17 of Schedule 15 has effect, it continues to have effect until it ceases to have effect in accordance with regulations 7, 8 or 9.
Revocation of appointment by notice
7
1
An appointment under paragraph 17 of Schedule 15 ceases to have effect if revoked by the company appointed under that paragraph by notice in writing to an officer of Revenue and Customs at the tax office that deals with the corporation tax affairs of that company.
2
The appointment ceases to have effect in relation to the relevant period of account in which the notice is given or such subsequent relevant period of account as may be specified in the notice.
Revocation of appointment on authorised company ceasing to be a relevant group company
8
1
An appointment under paragraph 17 of Schedule 15 ceases to have effect if the company appointed under that paragraph ceases to be a company to which Part 3 of Schedule 15 applies.
2
The appointment ceases to have effect in relation to the relevant period of account in which the company ceased to be a company to which Part 3 of Schedule 15 applies and subsequent periods of account.
Revocation of appointment on a company becoming or ceasing to be a company to which Part 3 of Schedule 15 applies
9
1
An appointment under paragraph 17 of Schedule 15 ceases to have effect if a company becomes or ceases to be a company to which Part 3 of Schedule 15 applies.
2
The appointment ceases to have effect in relation to the relevant period of account in which the company becomes or ceases to be a company to which Part 3 of Schedule 15 applies and subsequent periods of account.
3
But paragraph (1) does not apply if within three months of a company becoming or ceasing to be a company to which Part 3 of Schedule 15 applies, the reporting body notifies an officer of Revenue and Customs at the tax office that deals with its corporation tax affairs of the change.
4
A notification under paragraph (3) must —
a
be in writing, and
b
specify the name and the tax office reference of the company that has become or ceased to be a company to which Part 3 of Schedule 15 applies.
5
Where a new company has become a company to which Part 3 of Schedule 15 applies the notification must be accompanied by a statement by that company —
a
that the company appointed under paragraph 17 of Schedule 15 will act on its behalf for all relevant periods of account for which the appointment has effect;
b
that no application will be made to amend a financing expense amount specified under paragraph 21(4)(b) of Schedule 15 other than through a revised statement submitted by the reporting body in accordance with paragraph 20 of Schedule 15;
c
agreeing to be bound by a statement of allocated disallowances or a revised statement delivered by the reporting body.
CHAPTER 2
STATEMENT OF ALLOCATED DISALLOWANCES
Submission of statement of allocated disallowances
10
1
A statement of allocated disallowances must be submitted to the tax office dealing with the corporation tax affairs of —
a
in a case in which an appointment under paragraph 17 of Schedule 15 has effect in relation to the relevant period of account, the company appointed under that paragraph, or
b
in a case in which such an appointment does not have effect in relation to the relevant period of account —
i
the ultimate parent where that entity is resident in the United Kingdom, or
ii
in any other case, the UK ultimate parent.
2
In a case within paragraph (1)(b)(ii), if there is more than one UK ultimate parent the statement of allocated disallowances must be submitted to the tax office dealing with the corporation tax affairs of each.
Information to be given in connection with a statement of allocated disallowances
11
A statement of allocated disallowances must be accompanied by the following information —
a
the full name and the unique taxpayer number in relation to each company listed in the statement in accordance with paragraph 21(4)(a) of Schedule 15,
b
where a company has delivered a tax return for a relevant accounting period and as a result of submitting a statement or revised statement —
i
there is a change in the amount of profits on which corporation tax is chargeable for the period, or
ii
any other information contained in the return is incorrect,
details of the change mentioned in paragraph (i) or the information mentioned in paragraph (ii).
Statement of allocated disallowances treated as received within specified time
12
1
A statement of allocated disallowances which is not received by HMRC by the time specified (“the specified time”) in paragraph 19(2) of Schedule 15, shall be treated as if it were so received in one of the circumstances specified in paragraph (2).
2
The specified circumstances are —
a
the statement was submitted without unreasonable delay and this regulation has not applied in relation to any previous statement of allocated disallowances, or
b
the statement was submitted as soon as possible but was not received by the specified time for exceptional reasons beyond the control of the reporting body.
Revised statement of allocated disallowances treated as received within specified time
13
1
A revised statement of allocated disallowances which is not received by HMRC by the time specified (“the specified time”) in paragraph 20(2) of Schedule 15, shall be treated as if it were so received if conditions A and B are met.
2
Condition A is that the statement is received in one of the following circumstances.
Circumstance 1
A notice of enquiry is given before the specified time in relation to the company tax return of a company to which Part 3 of Schedule 15 applies, the enquiry is not completed until after the specified time and the revised statement is received by HMRC by the last of the following dates —
a
30 days after the enquiry is completed;
b
if the return is amended by notice under paragraph 34(2) of Schedule 18 to the Finance Act 1998 , 30 days after the notice is given;
c
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
Circumstance 2
A determination under paragraph 36 of Schedule 18 to the Finance Act 1998 is made in relation to a company to which Part 3 of Schedule 15 applies which is superseded by a self-assessment in accordance with paragraph 40 of that Schedule and the revised statement is received by HMRC within 30 days of delivery of the company tax return.
Circumstance 3
A discovery assessment or discovery determination is made under paragraph 41 of Schedule 18 to the Finance Act 1998 in relation to a company to which Part 3 of Schedule 15 applies and the revised statement is received by HMRC by the last of the following dates —
d
30 days after the discovery assessment or discovery determination is made;
e
if an appeal is brought against the discovery assessment or discovery determination, 30 days after the date on which the appeal is finally determined.
Circumstance 4
An amendment is made under paragraph 34(2A) of Schedule 18 to the Finance Act 1998 in relation to a company to which Part 3 of Schedule 15 applies and the revised statement is received by HMRC by the last of the following dates —
f
30 days after the notice of the amendment is given;
g
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
3
Condition B is that the amount of the difference between —
a
the financing expense amounts specified in accordance with paragraph 21(4)(b) of Schedule 15 in the statement of allocated disallowances, and
b
the amounts so specified in the revised statement,
does not exceed the change made to the amount of profit on which corporation tax is chargeable as a result of the enquiry, determination, assessment or amendment referred to in paragraph (2).
Statement of allocated disallowances treated as complying with paragraph 21 of Schedule 15
14
A statement of allocated disallowances which does not comply with paragraph 21 of Schedule 15 because of an obvious error or omission in the statement (whether an error of principle, an arithmetical mistake or otherwise) shall be treated as if it did so comply if the error or omission is corrected by the reporting body as soon as it becomes apparent.
CHAPTER 3
FAILURE OF REPORTING BODY TO SUBMIT A STATEMENT OF ALLOCATED DISALLOWANCES
Reduction of financing expense amounts
15
1
The financing expense amounts of a company that must be reduced under paragraph 25(2) of Schedule 15 must be reduced in the following order until the amount of the reduction is equal to the amount determined under paragraph 25(3) of that Schedule.
First, reduce any amounts that meet condition A in paragraph 54(2) of Schedule 15 and would be brought into account in respect of a loan relationship under Part 5 of the Corporation Tax Act 2009 (other loan relationships).
Second, reduce any other amounts that meet condition A in paragraph 54(2) of Schedule 15.
Third, reduce any amounts that meet condition B in paragraph 54(4) of Schedule 15.
Fourth, reduce any amounts that meet condition C in paragraph 54(5) of Schedule 15.
2
But a company required to make reductions under paragraph 25 of Schedule 15 may elect to make such reductions differently.
3
An election under paragraph (2) —
a
must be made in the company’s tax return,
b
must specify the particular reductions made, and
c
may be withdrawn, with or without making a new election, at any time that the company may amend its company tax return under paragraph 15(4) of Schedule 18 to the Finance Act 1998.
4
A company required to make reductions under paragraph 25 of Schedule 15 must notify its ultimate UK parent of the particular reductions made.
5
A notice under paragraph (4) must be made no later than the date on which the company delivers its company tax return and must be accompanied by —
a
any election made under paragraph (2), and
b
details of any error made by the company in calculating its net financing deduction for the relevant period together with the correct amount.
Information to be provided in relation to a company required to make default reductions
16
1
An ultimate UK parent must send a company required to make default reductions details of the amounts of —
a
the tested expense amount, and
b
the total disallowed amount,
for the worldwide group for the relevant period of account.
2
The information in paragraph (1) must be supplied to the company required to make default reductions before the filing date for the company’s tax return (see paragraph 14 of Schedule 18 to the Finance Act 1998 ).
Non-compliance
17
1
If an ultimate UK parent does not provide the information specified by regulation 16 within the requisite time period, HMRC must determine to the best of their information and belief the amounts of the tested expense amount and the total disallowed amount for the worldwide group for the relevant period of account.
2
A notice of determination under this regulation must be sent to the company required to make the default reduction and to the ultimate UK parent stating the date on which the determination is issued.
3
No determination under this regulation may be made more than 3 years after the day on which the power becomes exercisable.
4
If after a determination has been made under this regulation, the ultimate UK parent provides the information specified by regulation 16, that information shall supersede the determination.
5
But paragraph (4) does not apply if the information is supplied more than 3 years after the determination is made.
Amendment of tax return by company
18
1
A company required to make default reductions may amend its company tax return so as to reflect a reduction under paragraph 25 of Schedule 15 within 3 years of the end of the relevant period of account.
2
But where one of the following circumstances applies the company may amend its tax return at any time before the specified date.
Circumstance 1
Where there is an enquiry into the company tax return of the company, the specified date is the last of the following dates —
a
30 days after the enquiry is completed;
b
if after the enquiry HMRC amend the return under paragraph 34(2) of Schedule 18 to the Finance Act 1998, 30 days after notice of the amendment is issued;
c
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
Circumstance 2
Where a determination under paragraph 36 of Schedule 18 to the Finance Act 1998 is made in relation to the company which is superseded by a self-assessment in accordance with paragraph 40 of that Schedule, the specified date is 30 days after delivery of the company tax return.
Circumstance 3
Where a discovery assessment or discovery determination is made under paragraph 41 of Schedule 18 to the Finance Act 1998 in relation to the company, the specified date is the last of the following dates —
d
30 days after the discovery assessment or discovery determination is made,
e
if an appeal is brought against such the discovery assessment or discovery determination, 30 days after the date on which the appeal is finally determined.
Circumstance 4
Where a determination under regulation 17 is made in relation to the company which is superseded by the provision of information under paragraph (4) of that regulation, the specified date is 30 days after the provision of that information.
PART 3 EXEMPTION OF FINANCING INCOME
CHAPTER 1
APPOINTMENT OF AUTHORISED COMPANY
Appointment of authorised company
19
1
An appointment under paragraph 29 of Schedule 15 must be made in accordance with this regulation.
2
The company seeking to be appointed (“the applicant company”) must make an application in writing to an officer of Revenue and Customs at least 3 months before the time specified in paragraph 31(2) of Schedule 15 (submission of statement of allocated exemptions).
3
The application must be sent to the tax office that deals with the corporation tax affairs of the applicant company.
4
The application must specify —
a
the name and the tax office reference of the applicant company,
b
the names and the tax office references of the other companies to which Part 4 of Schedule 15 applies,
c
the first period of account of the worldwide group in relation to which the appointment is to apply, and
d
except in relation to the ultimate parent, the name of the immediate parent of the applicant company and each of the other companies to which Part 3 of Schedule 15 applies.
5
The application must contain a statement by the applicant company and by each of the other companies to which Part 4 of Schedule 15 applies —
a
that the appointment is made under paragraph 17 of Schedule 15,
b
that the applicant company will act on behalf of all the companies to which Part 4 of Schedule 15 applies for all relevant periods of account for which the appointment has effect,
c
that no application will be made by a company to amend its company tax return in relation to a financing income amount specified under paragraph 33(4)(b) of Schedule 15 other than through a revised statement submitted by the applicant company in accordance with paragraph 32 of Schedule 15, and
d
agreeing to be bound by any statement of allocated exemptions or revised statement delivered by the applicant company.
6
The application must be accompanied by a specimen copy of a statement of allocated exemptions that the applicant company proposes to submit in relation to the relevant period of account.
Supplemental provisions: timing and effect
20
1
An appointment under paragraph 29 of Schedule 15 has effect on the date (“the three month date”) that is three months after the application is delivered to the tax office in accordance with regulation 19(3).
This is subject to paragraphs (2) to (4).
2
An officer of Revenue and Customs may accept the application before the three month date.
3
Where paragraph (2) applies, the officer of Revenue and Customs may amend the list of companies to which Part 4 of Schedule 15 applies specified under regulation 19(4)(b) to exclude any company that is not a company to which Part 4 of Schedule 15 applies for the relevant period of account.
4
An appointment under paragraph 29 of Schedule 15 is of no effect if before the three month date an officer of Revenue and Customs refuses the application on the grounds that —
a
the specimen statement of allocated exemptions provided in accordance with regulation 19(6) is not adequate for the purposes of Part 4 of Schedule 15, or
b
a company to which Part 4 of Schedule 15 applies has been omitted from the list of companies specified under regulation 19(4)(b).
Duration of appointment
21
Once an appointment under paragraph 29 of Schedule 15 has effect, it continues to have effect until it ceases to have effect in accordance with regulations 22, 23 or 24.
Revocation of appointment by notice
22
1
An appointment under paragraph 29 of Schedule 15 ceases to have effect if revoked by the company appointed under that paragraph by notice in writing to an officer of Revenue and Customs at the tax office that deals with the corporation tax affairs of that company.
2
The appointment ceases to have effect in relation to the relevant period of account in which the notice is given or such subsequent relevant period of account as may be specified in the notice.
Revocation of appointment on authorised company ceasing to be a UK group company
23
1
An appointment under paragraph 29 of Schedule 15 ceases to have effect if the company appointed under that paragraph ceases to be a company to which Part 4 of Schedule 15 applies.
2
The appointment ceases to have effect in relation to the relevant period of account in which the company ceased to be a company to which Part 4 of Schedule 15 applies and subsequent periods of account.
Revocation of appointment on a company becoming or ceasing to be a company to which Part 4 of Schedule 15 applies
24
1
An appointment under paragraph 29 of Schedule 15 ceases to have effect if a company becomes or ceases to be a company to which Part 4 of Schedule 15 applies.
2
The appointment ceases to have effect in relation to the relevant period of account in which the company becomes or ceases to be a company to which Part 4 of Schedule 15 applies and subsequent periods of account.
3
But paragraph (1) does not apply if within three months of a company becoming or ceasing to be a company to which Part 4 of Schedule 15 applies, the reporting body notifies an officer of Revenue and Customs at the tax office that deals with its corporation tax affairs of the change.
4
A notification under paragraph (3) must —
a
be in writing, and
b
specify the name and the tax office reference of the company that has become or ceased to be a company to which Part 4 of Schedule 15 applies.
5
Where a new company has become a company to which Part 4 of Schedule 15 applies the notification must be accompanied by a statement by that company —
a
that the company appointed under paragraph 29 of Schedule 15 will act on its behalf for all relevant periods of account for which the appointment has effect;
b
that no application will be made to amend a financing income amount specified under paragraph 33(4)(b) of Schedule 15 other than through a revised statement submitted by the reporting body in accordance with paragraph 20 of Schedule 15;
c
agreeing to be bound by a statement of allocated exemptions or a revised statement delivered by the reporting body.
CHAPTER 2
STATEMENT OF ALLOCATED EXEMPTIONS
Submission of statement of allocated exemptions
25
1
A statement of allocated exemptions must be submitted to the tax office dealing with the corporation tax affairs of —
a
in a case in which an appointment under paragraph 29 of Schedule 15 has effect in relation to the relevant period of account, the company appointed under that paragraph, or
b
in a case in which such an appointment does not have effect in relation to the relevant period of account —
i
the ultimate parent where that entity is resident in the United Kingdom, or
ii
in any other case, the UK ultimate parent.
2
In a case within paragraph (1)(b)(ii), if there is more than one UK ultimate parent the statement of allocated exemptions must be submitted to the tax office dealing with the corporation tax affairs of each.
Information to be given in connection with a statement of allocated exemptions
26
A statement of allocated exemptions must be accompanied by the following information —
a
the full name and the unique taxpayer number in relation to each company listed in the statement in accordance with paragraph 33(4)(a) of Schedule 15;
b
where a company has delivered a tax return for a relevant accounting period and as a result of submitting a statement or revised statement —
i
there is a change in the amount of profits on which corporation tax is chargeable for the period, or
ii
any other information contained in the return is incorrect,
details of the change mentioned in paragraph (i) or the information mentioned in paragraph (ii).
Statement of allocated exemptions treated as received within specified time
27
1
A statement of allocated exemptions which is not received by HMRC by the time specified (“the specified time”) in paragraph 31(2) of Schedule 15, shall be treated as if it were so received in one of the circumstances specified in paragraph (2).
2
The specified circumstances are —
a
the statement was submitted without unreasonable delay and this regulation has not applied in relation to any previous statement of allocated exemptions, or
b
the statement was submitted as soon as possible but was not received by the specified time for exceptional reasons beyond the control of the reporting body.
Revised statement of allocated exemptions treated as received within specified time
28
1
A revised statement of allocated exemptions which is not received by HMRC by the time specified (“the specified time”) in paragraph 32(2) of Schedule 15, shall be treated as if it were so received if conditions A and B are met.
2
Condition A is that the statement is received in one of the following circumstances.
Circumstance 1
A notice of enquiry is given before the specified time in relation to the company tax return of a company to which Part 4 of Schedule 15 applies, the enquiry is not completed until after the specified time and the revised statement is received by HMRC by the last of the following dates —
a
30 days after the enquiry is completed;
b
if the return is amended by notice under paragraph 34(2) of Schedule 18 to the Finance Act 1998 , 30 days after the notice is given;
c
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
Circumstance 2
A determination under paragraph 36 of Schedule 18 to the Finance Act 1998 is made in relation to a company to which Part 4 of Schedule 15 applies which is superseded by an a self-assessment in accordance with paragraph 40 of that Schedule and the revised statement is received by HMRC within 30 days of delivery of the company tax return.
Circumstance 3
A discovery assessment or discovery determination is made under paragraph 41 of Schedule 18 to the Finance Act 1998 in relation to a company to which Part 4 of Schedule 15 applies and the revised statement is received by HMRC by the last of the following dates —
d
30 days after the discovery assessment or discovery determination is made;
e
if an appeal is brought against the discovery assessment or discovery determination, 30 days after the date on which the appeal is finally determined.
Circumstance 4
An amendment is made under paragraph 34(2A) of Schedule 18 to the Finance Act 1998 in relation to a company to which Part 3 of Schedule 15 applies and the revised statement is received by HMRC by the last of the following dates —
f
30 days after the notice of the amendment is given;
g
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
3
Condition B is that the amount of the difference between —
a
the financing income amounts specified in accordance with paragraph 33(4)(b) of Schedule 15 in the statement of allocated exemptions, and
b
the amounts so specified in the revised statement,
does not exceed the change made to the amount of profit on which corporation tax is chargeable as a result of the enquiry, assessment or determination referred to in paragraph (2).
Statement of allocated exemptions treated as complying with paragraph 26 of Schedule 15
29
A statement of allocated exemptions which does not comply with paragraph 33 of Schedule 15 because of an obvious error or omission in the statement (whether an error of principle, an arithmetical mistake or otherwise) shall be treated as if it did so comply if the error or omission is corrected by the reporting body as soon as it becomes apparent.
CHAPTER 3
FAILURE OF REPORTING BODY TO SUBMIT A STATEMENT OF ALLOCATED EXEMPTIONS
Information to be provided in relation to a company required to make default reductions
30
1
An ultimate UK parent must send a company required to make default reductions details of the amounts of —
a
the total of the unrestricted reductions,
b
the total disallowed amount, and
c
the tested income amount,
for the worldwide group for the relevant period of account.
2
The information in paragraph (1) must be supplied to the company required to make default reductions before the filing date for the company’s tax return (see paragraph 14 of Schedule 18 to the Finance Act 1998 ).
Non-compliance
31
1
If an ultimate UK parent does not provide the information specified by regulation 30 within the requisite time period, HMRC must determine to the best of their information and belief the amounts of the total of the unrestricted reductions, the total disallowed amount and the tested income amount for the worldwide group for the relevant period of account.
2
A notice of determination under this regulation must be sent to the company required to make the default reduction and to the ultimate UK parent stating the date on which the determination is issued.
3
No determination under this regulation may be made more than 3 years after the day on which the power becomes exercisable.
4
If after a determination has been made under this regulation, the ultimate UK parent provides the information specified by regulation 30, that information shall supersede the determination.
5
But paragraph (4) does not apply if the information is supplied more than 3 years after the determination is made.
Amendment of tax return by company
32
1
A company required to make default reductions may amend its company tax return so as to reflect a reduction under paragraph 25 of Schedule 15 within 3 years of the end of the relevant period of account.
2
But where one of the following circumstances applies the company may amend its tax return at any time before the specified date.
Circumstance 1
Where there is an enquiry into the company tax return of the company, the specified date is the last of the following dates —
a
30 days after the enquiry is completed;
b
if after the enquiry HMRC amend the return under paragraph 34(2) of Schedule 18 to the Finance Act 1998, 30 days after notice of the amendment is issued;
c
if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.
Circumstance 2
Where a determination under paragraph 36 of Schedule 18 to the Finance Act 1998 is made in relation to the company which is superseded by a self-assessment in accordance with paragraph 40 of that Schedule, the specified date is 30 days of delivery of the company tax return.
Circumstance 3
Where a discovery assessment or discovery determination is made under paragraph 41 of Schedule 18 to the Finance Act 1998 in relation to the company, the specified date is the last of the following dates —
d
30 days after the discovery assessment or discovery determination is made,
e
if an appeal is brought against such the discovery assessment or discovery determination, 30 days after the date on which the appeal is finally determined.
Circumstance 4
Where a determination under regulation 31 is made in relation to the company which is superseded by the provision of information under paragraph (4) of that regulation, the specified date is 30 days after the provision of that information.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd December 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009 and shall come into force on 1st October 2009.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed on or before 3rd July 2009 in the Schedule annexed to The Universities UK /Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006 ; or
ii
listed on or before 30th April 2009 in the second column of Schedule 1 of Appendix VII to the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008 .
Revocation of earlier Regulations
3
The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th August 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2009 and comes into force on 7th November 2009.
2
In this Order —
“ Council Regulation 1782/2003 ” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations ;
“eligible hectare” is to be construed in accordance with Article 44(2) of Council Regulation 1782/2003;
“the HFA Regulations ” means the Hill Farm Allowance Regulations 2009 ;
“moorland” means all the land that is —
severely disadvantaged land, and
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL; and
“severely disadvantaged land” means any area of land shown coloured pink on the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL.
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2009, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is the subject of payments of hill farm allowance (see column 1 of entry 4 of the Schedule to this Order), or was an eligible hectare in 2008 (see column 1 of entry 5), then —
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 7th November 2009, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2008 is revoked.
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th October 2009


text:
This Order may be cited as the General Chiropractic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 and shall come into force on 9th February 2009.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Park Lane College, Leeds, Leeds Thomas Danby College, and Leeds Technology College (Dissolution) Order 2009 and comes into force on 31st March 2009.
2
On 31st March 2009 the corporations are to be dissolved and all of their property, rights and liabilities shall be transferred to Leeds City College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act applies to any person employed by any of the corporations immediately before 31st March 2009 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 31st March 2009;
c
to the transferor were to the corporation in question; and
d
to the corporation were to Leeds City College.
Siôn Simon
Parliamentary Under Secretary of State
Department for Innovation, Universities and Skills
4th March 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 7) Order 2009.
2
In this Order, “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed Dates
2
1
The date appointed for the coming into force of the following provisions of the 2008 Act is 1 st April 2009 —
a
section 1(5) (Youth rehabilitation orders) in so far as it relates to the provisions specified in sub-paragraph (g);
b
section 125 (Parenting contracts and parenting orders: local authorities);
c
section 143 (Persistent sales of tobacco to persons under 18);
d
section 146 (Convention against human trafficking);
e
section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as it relates to the provision specified in sub-paragraph (i);
f
section 149 (Repeals and revocations) in so far as it relates to the provision specified in sub-paragraph (j) ;
g
paragraphs 26(5) and 35 of Schedule 1 (Further provision about youth rehabilitation orders);
h
paragraph 3 of Schedule 9 (Alternatives to prosecution for offenders under 18) but only to the extent that it inserts section 66C (Financial penalties) of the Crime and Disorder Act 1998 ;
i
paragraph 37 of Schedule 27 (Transitory, transitional and saving provisions); and
j
Part 7 of Schedule 28 (Repeals and revocations).
2
The date appointed for the coming into force of the following provisions of the 2008 Act is 27 th April 2009 —
a
section 35 (Referral conditions);
b
section 36 (Power to revoke a referral order);
c
section 37 (Extension of period for which young offender contract has effect);
d
section 148(1) (Consequential etc. amendments and transitional and saving provision) in so far as it relates to the provision specified in sub-paragraph (f);
e
section 149 (Repeals and revocations) in so far as it relates to the provision specified in sub-paragraph (g);
f
paragraphs 40, 42, 43 and 49 of Schedule 26 (Minor and consequential amendments); and
g
in Part 2 (Sentencing) of Schedule 28 (Repeals and revocations), the entry relating to section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 .
Signed by the authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
28th March 2009


text:
Citation and interpretation
1
This Order may be cited as the Pensions Act 2004 (Code of Practice) (Material Detriment Test) Appointed Day Order 2009.
Appointed day
2
The day appointed for the coming into effect of the Pensions Regulator Code of Practice No.12: Circumstances in relation to the material detriment test is 29th June 2009.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
24th June 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Management) (England) Regulations 2009 and shall come into force on 13th April 2009.
2
These Regulations apply to HMOs in England.
Amendment of the Management of Houses in Multiple Occupation (England) Regulations 2006
2
1
The Management of Houses in Multiple Occupation (England) Regulations 2006 are amended in accordance with paragraph (2).
2
In regulation 6 (duty of manager to supply and maintain gas and electricity) for paragraph (2) substitute —
2
In paragraph (1), “recognised engineer” means an engineer approved under regulation 3 of the Gas Safety (Installation and Use) Regulations 1998
.
Amendment of the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
3
1
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 are amended in accordance with paragraph (2).
2
In regulation 7 (duty of manager to supply and maintain gas and electricity) for paragraph (2) substitute —
2
In paragraph (1), “recognised engineer” means an engineer approved under regulation 3 of the Gas Safety (Installation and Use) Regulations 1998
.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
16th March 2009


text:
Title and commencement
1
This Order may be cited as The Whole of Government Accounts (Designation of Bodies) Order 2009 and shall come into force on 11th August 2009.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2009 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2009


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2009 and shall come into force on 8th April 2009.
Increase in earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for “£185” substitute “£195”; and
b
in paragraph (b), for “£25” substitute “£26” and for “£185” substitute “£195”.
Signed by authority of the Secretary of State for Work and Pensions.
Rosie Winterton
Minister of State
Department for Work and Pensions
10th March 2009


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2009 and comes into force on 2nd February 2009.
Amendment of the Financial Services and Markets Act 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In Part 1 of the Schedule (persons exempt in respect of any regulated activity other than insurance business), after paragraph 15A insert —
15B
Bank of England Asset Purchase Facility Fund Limited
.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
29th January 2009


text:
1
This Instrument may be cited as “The County Council of Somerset (River Tone Bridge) Scheme 2008 Confirmation Instrument 2009” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of Somerset (River Tone Bridge) Scheme 2008 (“the Scheme”), and as set out in the Schedule, is hereby confirmed without modifications.
3
Copies of the Scheme with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Council of the County of Somerset, County Hall, Taunton, Somerset TA1 3XZ.
Signed by authority of the Secretary of State for Transport.
J Blackie
Regional Director
Government Office for the North East
19th October 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Value Added Tax (Reduced Rate) (Children’s Car Seats) Order 2009 and comes into force on 1st July 2009.
2
The amendments made by this Order have effect in relation to supplies made, and acquisitions and importations taking place, on or after 1st July 2009.
Amendment of Schedule 7A to the Value Added Tax Act 1994
2
Group 5 of Part 2 of Schedule 7A to the Value Added Tax Act 1994 (children’s car seats) is amended as follows.
3
In paragraph (1) of Note 1 (meaning of “children’s car seats”), after sub-paragraph (a) insert —
aa
a related base unit for a safety seat;
.
4
For paragraph (b) of Note 2 (meaning of “safety seat”) substitute —
b
designed so that, when in use in a road vehicle, it can be restrained in one or more of the following ways —
i
by a seat belt fitted in the vehicle, or
ii
by belts, or anchorages, that form part of the seat being attached to the vehicle, or
iii
by a related base unit, and
.
5
After Note 2 insert —
Meaning of “related base unit”
2A
In this Group “related base unit” means a base unit which is designed solely for the purpose of attaching a safety seat securely in a road vehicle by means of anchorages that form part of the base unit and which, when in use in a road vehicle, can be restrained in one or more of the following ways —
a
by a seat belt fitted in the vehicle, or
b
by permanent anchorage points in the vehicle, or
c
by belts attached to permanent anchorage points in the vehicle.
.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd June 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2009 and come into force on 4th January 2010.
Amendment of Regulations
2
In regulation 37(5) of the Road Vehicles (Construction and Use) Regulations 1986 —
a
omit “or” after sub-paragraph (j); and
b
at the end of sub-paragraph (k) add —
; or
l
used for mountain rescue purposes
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
7th December 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 2009.
2
These Regulations come into force on 1st September 2009 and, subject to paragraphs (3) and (4), have effect from 1st April 2007 .
3
In Schedule 1 —
a
paragraphs 3, 22 and 34, and
b
paragraph 35 in so far as it inserts regulation 12B(5) into the Police Pension Fund Regulations 2007 ,
have effect from 1st September 2009.
4
Schedule 2 has effect from 1st September 2009.
5
These Regulations extend to England and Wales.
Amendments to regulations
2
1
Part 1 of Schedule 1 (Amendments of the Police Pensions Regulations 1987 ) has effect.
2
Part 2 of Schedule 1 (Amendments of the Police (Injury Benefit) Regulations 2006 ) has effect.
3
Part 3 of Schedule 1 (Amendments of the Police Pensions Regulations 2006 ) has effect.
4
Part 4 of Schedule 1 (Amendments of the Police Pension Fund Regulations 2007) has effect.
5
Schedule 2 (Amendments of the Police Pensions Regulations 2006 relating to reckoning of service) has effect.
David Hanson
Minister of State
Home Office
21st July 2009
We consent
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation
1
This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009.
Appointed day
2
16th February 2009 is the appointed day for the coming into force of the following provisions of the Children and Young Persons Act 2008 in relation to England —
a
section 1 (power to enter into arrangements for discharge of care functions) but only in relation to the local authorities specified in article 3,
b
sections 2 (restrictions on arrangements under section 1), 3 (effect of arrangements under section 1) and 5 (functions under Part 1 to be social services functions), and
c
in so far as it is not already in force, section 6 (piloting and expiry of arrangements under Part 1).
Pilot local authorities
3
The local authorities specified for the purpose of article 2(a) are —
a
Liverpool City Council,
b
Kent County Council,
c
Sandwell Metropolitan Borough Council,
d
Blackburn with Darwen Borough Council,
e
Hillingdon London Borough Council, and
f
Staffordshire County Council.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
12th February 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009 and come into force on 12th October 2009.
2
These Regulations apply to England only.
Amendments to the Education (Non-Maintained Special Schools) (England) Regulations 1999
2
1
The Education (Non-Maintained Special Schools) (England) Regulations 1999 are amended as follows.
2
In regulation 2 —
a
in paragraph (1) —
i
omit the definition of “children’s suitability statement”; and
ii
for the definition of “enhanced criminal record certificate” substitute —
“enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
;
b
in sub-paragraph (a) of paragraph (1A), omit “accompanied by a children’s suitability statement”; and
c
in sub-paragraph (c) of paragraph (1C), after “is not” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or” .
3
In sub-paragraph (b) of paragraph 3C(2) of the Schedule, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.
Amendments to the General Teaching Council for England (Constitution) Regulations 1999
3
The General Teaching Council for England (Constitution) Regulations 1999 are amended as follows —
a
in paragraph (2)(a) of regulation 5, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and
b
in paragraph (5)(a) of regulation 10, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.
Amendment to the School Companies Regulations 2002
4
After paragraph 8 of the Schedule to the School Companies Regulations 2002 , insert —
8A
a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
.
Amendment to the School Companies (Private Finance Initiative Companies) Regulations 2002
5
After paragraph 8 of Schedule 1 to the School Companies (Private Finance Initiative Companies) Regulations 2002 , insert —
8A
a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
.
Amendments to the Education (Independent School Standards) (England) Regulations 2003
6
1
The Education (Independent School Standards) (England) Regulations 2003 are amended as follows.
2
In regulation 4 —
a
in paragraph (1) —
i
omit the definition of “children’s suitability statement”; and
ii
for the definition of “enhanced criminal record certificate” substitute —
“enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
; and
b
in sub-paragraph (a) of paragraph (2), omit “and the application for the certificate is accompanied by a children’s suitability statement”.
3
In the Schedule —
a
in paragraph (d) of paragraph 4(2), after “no such person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”;
b
in sub-paragraph (6) of paragraph 4B, for the words from “no such person” to the end of the sub-paragraph insert —
no such person —
is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”, or
carries out work , or intends to carry out work, at the school in contravention of any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction.
; and
c
in paragraph (b) of paragraph 4C(2) after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.
Amendment to the Education (Provision of Information by Independent Schools) (England) Regulations 2003
7
For paragraph (2) of regulation 4 of the Education (Provision of Information by Independent Schools) (England) Regulations 2003 , substitute —
2
Any reference in these Regulations to a person employed at a school is a reference to a person —
a
providing education —
i
at a school;
ii
at a further education institution;
iii
under a contract of employment or for services where the other party to the contract is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority;
b
taking part in the management of an independent school; or
c
carrying on work which —
i
brings that person regularly into contact with children, and
ii
is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).
3
For the purposes of paragraph (2), “relevant employer” means —
a
a local education authority;
b
a person exercising a function relating to the provision of education on behalf of a local education authority;
c
the proprietor of a school; or
d
the governing body of a further education institution.
Amendments to the School Staffing (England) Regulations 2003
8
1
The School Staffing (England) Regulations 2003 are amended as follows.
2
In regulation 3 —
a
in paragraph (1) —
i
omit the definition of “children’s suitability statement”; and
ii
after the definition of “employment business”, insert —
“enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
; and
b
in sub-paragraph (c) of paragraph (3), after “is not” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”.
3
In regulation 11 —
a
in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;
b
in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and
c
in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.
4
In sub-paragraph (a)(ii) of regulation 15A(1) , omit “accompanied by a children’s suitability statement”.
5
In regulation 18A , omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.
6
In regulation 20 —
a
in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;
b
in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and
c
in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.
7
In sub-paragraph (a)(ii) of paragraph (1) of regulation 24A , omit “accompanied by a children’s suitability statement”.
8
In regulation 26A , omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.
Amendments to the Further Education (Providers of Education) (England) Regulations 2006
9
1
The Further Education (Providers of Education) (England) Regulations 2006 are amended as follows.
2
In regulation 3 —
a
in paragraph (1) —
i
omit the definition of “children’s suitability statement”; and
ii
for the definition of “enhanced criminal record certificate” substitute —
“enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;
; and.
iii
For paragraph (4) substitute —
4
In order to carry out an enhanced criminal record check, a person must apply for and obtain an enhanced criminal record certificate.
.
3
In paragraph (4) of regulation 5, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.
4
In regulation 13, omit “a children’s suitability statement has been submitted and”.
5
In sub-paragraph (b) of regulation 17(2), omit “a children’s suitability statement has been submitted and”.
6
In paragraph (4) of regulation 18, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.
7
In the Schedule —
a
in paragraph 3 of Part 1, after “whether the person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”; and
b
in paragraph 2 of Part 2 —
i
in sub-paragraph (2), after “whether the person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”; and
ii
in sub-paragraph (6)(b), omit “and a children’s suitability statement submitted”.
Amendment to the School Governance (Constitution) (England) Regulations 2007
10
In Schedule 6 to the School Governance (Constitution) (England) Regulations 2007 —
a
after paragraph (b) of paragraph 9, insert —
ba
barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
; and
b
in paragraph 11, substitute “section 113B” for “section 113A”.
Amendment to the School Governance (New Schools) (England) Regulations 2007
11
In Schedule 2 to the School Governance (New Schools) (England) Regulations 2007 —
a
after paragraph (b) of paragraph 8, insert —
ba
barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
; and
b
in paragraph 10, substitute “section 113B” for “section 113A”.
Amendment to the School Organisation (Requirements as to Foundations) (England) Regulations 2007
12
In paragraph 1 of the Schedule to the School Organisation (Requirements as to Foundations) (England) Regulations 2007 , after paragraph (b), insert —
ba
barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
.
Amendment to the Education (Pupil Referral Units) (Management Committees etc. (England) Regulations 2007
13
In Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007 —
a
after paragraph (b) of paragraph 8, insert —
ba
barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;
; and
b
in paragraph 10, after “section 113A”, insert “or, where applicable, section 113B”.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th July 2009


text:
Citation, commencement and effect
1
These Regulations may be cited as the Tax Credits (Excluded Companies) Regulations 2009 and shall have effect from 22nd April 2009 for the tax year 2009-2010 and subsequent tax years.
Excluded companies
2
1
A territory which satisfies section 397BA(2)(a) and (b) of the Income Tax (Trading and Other Income) Act 2005 is nevertheless not a qualifying territory for the purposes of section 397AA of that Act in relation to the company which makes the relevant distribution if that company is an excluded company.
2
For the purposes of this regulation, an excluded company is one which is excluded from one or more of the benefits of any double taxation relief arrangements for the time being in force in relation to that territory.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners to Her Majesty’s Treasury
15th December 2009


text:
Citation and commencement
1
This Order may be cited as the Central Lincolnshire Joint Strategic Planning Committee Order 2009 and shall come into force on 12th October 2009.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“ the Agreement ” means the Agreement between the constituent authorities dated 10th June 2009;
“the constituent authorities” means the authorities specified in article 3(2);
“co-opted member” means a member of the joint committee nominated in accordance with article 5(5);
“observer” means a person appointed in accordance with article 5(6);
“the joint committee” means the Central Lincolnshire Joint Strategic Planning Committee constituted by article 3(1);
“sub-committee” means a sub-committee appointed under article 8(1); and
“voting member” means a person appointed under article 5(1) and entitled to vote in accordance with article 5(2).
Establishment of the joint committee
3
1
A joint committee, to be known as the Central Lincolnshire Joint Strategic Planning Committee, is constituted as the local planning authority for the purposes of Part 2 (local development) of the 2004 Act for the areas of the City of Lincoln Council, North Kesteven District Council and West Lindsey District Council and in respect of the matters specified in article 4(1) (being matters specified in the Agreement).
2
The following authorities are specified as those which are to constitute the joint committee —
a
City of Lincoln Council;
b
Lincolnshire County Council;
c
North Kesteven District Council; and
d
West Lindsey District Council.
Functions of the joint committee
4
1
The matters referred to in article 3(1) are the preparation, submission and revision of —
a
a joint local development scheme; and
b
such of the development plan documents specified in the joint local development scheme as are identified in that scheme for preparation otherwise than by a constituent authority, and such other local development documents as the joint committee may agree.
2
Section 15 (local development scheme) of the 2004 Act shall apply in relation to the joint committee as if for paragraph (b) of subsection (3) there were substituted —
b
submit its joint local development scheme to the Secretary of State not later than 15th January 2010;
.
Membership of the joint committee and voting rights
5
1
The joint committee shall consist of —
a
three members appointed by City of Lincoln Council;
b
three members appointed by Lincolnshire County Council;
c
three members appointed by North Kesteven District Council;
d
three members appointed by West Lindsey District Council; and
e
such number of co-opted members as may be nominated pursuant to paragraph (5).
2
The members appointed by the constituent authorities who are present at a meeting of the joint committee shall be entitled to vote at that meeting on any question falling to be decided at that meeting.
3
Each constituent authority shall nominate a substitute; and where paragraph 5(6)(c) of the Schedule applies, a substitute shall be entitled to vote at the meeting on any question which falls to be decided at the meeting.
4
A constituent authority shall not appoint as a voting member or nominate as a substitute a person who is not a member of that authority.
5
The joint committee may, if all existing joint committee members agree, invite other bodies to participate in proceedings of the joint committee; and each body that accepts such an invitation shall nominate one of its members to be a co-opted member of the joint committee.
6
The joint committee may appoint observers who may attend and participate in meetings of the joint committee.
7
Co-opted members and observers shall not be entitled to vote at any meeting of the joint committee on any question which falls to be decided at that meeting.
8
Voting members and substitutes shall be entitled to recover from the constituent authority by which they are appointed or nominated (as the case may be) any expenses incurred in connection with the discharge of the joint committee’s functions.
Disqualification for membership of the joint committee
6
1
A person who is disqualified under Part 5 (general provisions as to members and proceedings of local authorities) of the 1972 Act for being elected or being a member of a local authority shall be disqualified for being a member of the joint committee.
2
Section 92 of the 1972 Act, (proceedings for disqualification) , with the exception of subsections (7), (7A), (7B) and (8), shall apply with respect to membership of, or claims to be entitled to act as a member of, the joint committee as it applies to membership of, or claims to be entitled to act as a member of, a local authority.
Tenure of office
7
1
A voting member shall hold office for a period of four years from the date of appointment or such lesser period, being not less than one year, as may be decided by the authority which makes the appointment, but shall cease to be a voting member if that person —
a
resigns in accordance with paragraph (4);
b
is removed or replaced by the constituent authority which made the appointment; or
c
ceases to be a member of a constituent authority (and does not on the same day again become a member of that authority).
2
A person nominated as a co-opted member of the joint committee shall continue in that capacity until one of the following occurs —
a
the person resigns in accordance with paragraph (4);
b
the person is removed or replaced by the body which made the appointment; or
c
the joint committee decides that the body which made the nomination may no longer participate in proceedings of the joint committee.
3
A person who ceases to be a voting member of the joint committee shall be eligible for reappointment.
4
A voting or co-opted member may resign from the joint committee by sending written notice delivered —
a
in the case of a member appointed by a local authority, to the proper officer of the local authority which appointed the member;
b
in any other case, to the body which nominated the member.
5
Any casual vacancy shall be filled as soon as practicable by the authority or body which appointed or nominated the member of the joint committee whose membership has ceased.
Sub-committees
8
1
The joint committee may, in accordance with paragraphs (2) and (3), appoint one or more sub-committees.
2
Each person appointed as a member of a sub-committee must be a member of the joint committee.
3
Subject to paragraph (2), the persons appointed to a sub-committee and the sub-committee’s terms of reference shall be determined by the joint committee.
Meetings and proceedings
9
1
The meetings and proceedings of the joint committee shall be conducted in accordance with the rules set out in the Schedule to this Order, which shall have effect.
2
Sub-paragraphs (3) to (5) of paragraph 5 of the Schedule (calling of meetings) and sub-paragraph (2) of paragraph 6 of the Schedule (proceedings of meetings) shall apply with respect to meetings of any sub-committee as if references to the joint committee were references to the sub-committee, unless the joint committee agrees otherwise.
Secondments
10
1
The constituent authorities shall make secondments, in accordance with the Agreement, of such officers as they think necessary to enable the joint committee and any sub-committee to discharge their functions.
2
The joint committee may make arrangements with a constituent authority for the services of any officer of that authority or other person engaged by that authority to be placed at the disposal of the joint committee or a sub-committee for such period as may be agreed between the joint committee and the constituent authority.
3
The joint committee may make arrangements for the services of any person employed by a body which has nominated a co-opted member to be placed at the disposal of the joint committee or a sub-committee for such period as may be agreed between the joint committee and the body.
Expenses of joint committee
11
1
The expenses incurred by the joint committee and any sub-committee, in relation to accommodating meetings of the joint committee or sub-committee, shall be defrayed by the constituent authority at whose office the meeting is held, or who arranges the venue for the meeting, except so far as may be otherwise agreed by the joint committee.
2
Other expenses incurred by the joint committee and any sub-committee shall be defrayed by North Kesteven District Council.
3
The other constituent authorities shall make payments to the constituent authority which has defrayed any expenses in accordance with paragraph (1) or (2), in such proportions as all the constituent authorities may agree or, in default of agreement, as may be determined by a single arbitrator agreed on by the constituent authorities or, in default of agreement, appointed by the Secretary of State.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
5th September 2009