text:
Title and commencement and definition
1
This Order may be cited as The Government Resources and Accounts Act 2000 (Commencement No. 2 and Transitional Provision) Order 2010.
Provision coming into force
2
Section 11 of the Government Resources and Accounts Act 2000 comes into force on 2nd March 2010.
Transitional provision
3
The provision brought into force by this Order shall have effect in relation to accounts prepared in respect of any financial year ending on or after 31st March 2010.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 and comes into force on 26th November 2010.
2
Article 2 has effect from 1st April 2008.
3
Articles 3 and 4 have effect from 1st April 2009.
4
Articles 5 and 6 have effect from 1st April 2010.
5
In this Order, “the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Amendment of Schedule 1 to the 1998 Order taking effect from 1st April 2008
2
In Schedule 1 to the 1998 Order, in the second column, substitute the figures set out in the second column of the table in Schedule 1 to this Order, in respect of the authorities listed in the first column of that table.
Amendment of article 18 of the 1998 Order taking effect from 1st April 2009
3
1
Article 18 (additions to subsidy) of the 1998 Order is amended as follows.
2
In paragraph (1) for “paragraphs (8) and (9)” substitute “paragraph (8)”.
3
For paragraph (1)(e) substitute —
e
where, during the relevant year, it is discovered that any overpayments of relevant benefit have been made which were authority error overpayments or administrative delay overpayments, the following amounts —
i
where the total of the authority error overpayments and administrative delay overpayments is less than or equal to 0.48% of the total specified subsidy, 100% of the total of those overpayments;
ii
where the total of the authority error overpayments and administrative delay overpayments is greater than 0.48% but less than or equal to 0.54% of the total specified subsidy, 40% of the total of those overpayments; and
iii
where the total of the authority error overpayments and administrative delay overpayments is greater than 0.54% of the total specified subsidy, nil.
.
4
In paragraph (2) after sub-paragraph (c) add —
or
d
an administrative delay overpayment.
.
5
For paragraph (5) substitute —
5
In paragraphs (1)(c) and (4A), and in article 19(1)(f), “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 where the claimant has in respect of the overpayment —
a
been found guilty of an offence whether under a statute or otherwise;
b
made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or
c
agreed to pay a penalty under section 115A of the Act (penalty as an alternative to prosecution) and has not withdrawn that agreement.
5A
In paragraph (5)(b) “admission after caution” means —
a
in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ;
b
in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons.
.
6
After paragraph (6) insert —
6ZA
In paragraphs (1)(e) and (2)(d), “administrative delay overpayment” means an overpayment arising where —
a
an authority is notified of a change of circumstances and has sufficient information and evidence to make a revision or supersession decision on an award;
b
the authority does not make the decision before the next day on which the claimant’s benefit is paid or, in the case of council tax benefit, is allowed; and
c
the delay was not —
i
caused by a mistake, whether in the form of an act or omission, by an authority; or
ii
caused or materially contributed to by the claimant, a person acting on the claimant’s behalf, or any other person to whom payment is made.
.
7
In paragraph (12) after “(6)” insert “, (6ZA)”.
Substitution of Schedule 1 to the 1998 Order taking effect from 1st April 2009
4
For Schedule 1 to the 1998 Order substitute the Schedule in Schedule 2 to this Order.
Amendments relating to temporary accommodation taking effect from 1st April 2010
5
1
The 1998 Order is amended as follows.
2
In article 13(1)(a) (relevant benefit) for “and 17” substitute “, 17 and 17A”.
3
In articles —
a
15(7) (disproportionate rent increase); and
b
15A(7) (disproportionate rent increase – Wales),
for “(subsidy in respect of homeless and short lease rebate cases)” substitute “(subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation) or article 17A (subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation)”.
4
In article 17 (subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation) and article 17A (subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation) —
a
in paragraph (2) —
i
for “the lower” substitute “the lowest”; and
ii
after sub-paragraph (b) add —
or
c
subject to paragraph (3A), £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.
; and
b
after paragraph (3) insert —
3A
The Secretary of State may determine in any particular case that paragraph (2)(c) —
a
does not apply; or
b
applies as if for the figure of £500 or £375 there were substituted a higher figure.
.
5
After Schedule 7 (authorities in London) add the Schedule in Schedule 3 to this Order.
Amendment of Schedule 4A to the 1998 Order taking effect from 1st April 2010
6
1
Schedule 4A (rent rebate limitation deductions (Housing Revenue Account dwellings)) is amended as follows.
2
In paragraph 2 (liability to deduction), for sub-paragraphs (6) and (7) substitute —
6
The RPI figure referred to in Step 3 is 1.2551.
7
The annual factor for 2010-11 is 0.1.
.
3
In paragraph 3 (amount of deduction), for sub-paragraph (3) substitute —
3
The rebate proportion for each year commencing with 2010-11 is 0.761.
.
4
For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 4 to this Order.
5
For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 5 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
6th October 2010
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th October 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Equality Act 2010 (Obtaining Information) Order 2010 and comes into force on 1st October 2010.
2
In the Order “ the Act ” means the Equality Act 2010.
Forms for obtaining information — prohibited conduct
2
In relation to a contravention of the Act other than a breach of an equality clause or rule —
a
the form prescribed for the purposes of section 138(2)(a) of the Act is the form set out in Part 1 of Schedule 1 or a form to the like effect with such variations as the circumstances may require, and
b
the form prescribed for the purposes of section 138(2)(b) of the Act is the form set out in Part 2 of Schedule 1 or a form to the like effect with such variations as the circumstances may require.
Forms for obtaining information — equality of terms
3
In relation to a breach of an equality clause or rule —
a
the form prescribed for the purposes of section 138(2)(a) of the Act is the form set out in Part 1 of Schedule 2 or a form to the like effect with such variations as the circumstances may require, and
b
the form prescribed for the purposes of section 138(2)(b) of the Act is the form set out in Part 2 of Schedule 2 or a form to the like effect with such variations as the circumstances may require.
Period for service of questions
4
In order to be admissible under section 138(3) of the Act a question must be served —
a
before proceedings under the Act relating to the contravention are commenced, or
b
where proceedings under the Act relating to the contravention have been commenced, before —
i
the end of the period of 28 days beginning on the day on which proceedings were commenced, or
ii
such later time as the court or tribunal specifies.
Manner of service for questions and answers
5
1
P may serve a question on R —
a
by delivering it to R or by sending it by post to R at R’s usual or last-known residence or place of business, or
b
if R has indicated in writing to P that R is willing to accept service of the question by electronic means, by sending it by electronic means to the number, address or other electronic identification given by R for the purpose.
2
R may serve an answer on P —
a
by delivering it to P or by sending it by post to P at the address stated on the document containing the question, or, if no address is stated, at P’s usual or last-known residence or place of business, or
b
if P has stated on the document containing the question or has otherwise indicated in writing to R that P is willing to accept service of the answer by electronic means, by sending it by electronic means to the number, address or other electronic identification given by P for the purpose.
3
Where P or R is acting by a solicitor, a question or answer may be served —
a
by delivering it at, or by sending it by post to, the solicitor’s address for service, or
b
if the solicitor has indicated in writing to P or R as the case may be that he or she is willing to accept service of the question or answer by electronic means, by sending it by electronic means to the number, address or other electronic identification given by the solicitor for the purpose.
4
Where P or R is a body corporate, or is a trade union or employers’ association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 , a question or answer may be served —
a
by delivering it to the secretary or clerk of the body, union or association at its registered or principal office, or by sending it by post to the secretary or clerk at that office, or
b
if the secretary or clerk has indicated in writing to P or R as the case may be that he or she is willing to accept service of the question or answer by electronic means, by sending it by electronic means to the number, address or other electronic identification given by the secretary or clerk for the purpose.
5
For the purposes of service by electronic means —
a
the following are to be taken as sufficient written indications —
i
a number, address or other electronic identification set out on the writing paper of the person to be served, or, in the case of P, on the document containing the question, or
ii
where the person to be served is acting by a solicitor, a number, address or other electronic identification set out on the writing paper of the solicitor, but for service other than by fax, only where it is stated that the number, address or other electronic identification may be used for service.
b
a question or answer is deemed to be served —
i
if it is sent on a business day before 4:30pm, on that day, or
ii
in any other case, on the next business day after the day on which it was sent.
6
For the purpose of paragraph (5)(b) —
a
“business day” means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day, and
b
“bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place.
National security
6
For the purposes of section 138(5)(d) and (e) of the Act the circumstances specified are where R reasonably asserts that the reason for failing to answer or for giving an evasive or equivocal answer is the purpose of safeguarding national security.
Theresa May
Secretary of State for the Home Department
2nd September 2010


text:
Citation and commencement
1
This Order may be cited as the National Employment Savings Trust Corporation Naming and Financial Year Order 2010 and shall come into force on 5 th July 2010.
Name of the body corporate referred to in section 75 of the Pensions Act 2008
2
The name of the body corporate referred to in section 75 of the Pensions Act 2008 shall be the National Employment Savings Trust Corporation.
The financial year of the National Employment Savings Trust Corporation
3
For the purposes of Paragraph 26(1) of Schedule 1 to the 2008 Act, the financial year in relation to the National Employment Savings Trust Corporation is the 12 months ending on the 31 st of March in each year.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
5th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010.
2
This Order comes into force on 1st October 2010 immediately after the commencement of the 2010 Order .
3
In this Order —
“the 1970 Act” means the Equal Pay Act 1970 ;
“the 1975 Act” means the Sex Discrimination Act 1975 ;
“the 1976 Act” means the Race Relations Act 1976 ;
“the 1986 Act” means the Sex Discrimination Act 1986 ;
“the 1989 Act” means the Employment Act 1989 ;
“the 1995 Act” means the Disability Discrimination Act 1995 ;
“the Religion or Belief Regulations” means the Employment Equality (Religion or Belief) Regulations 2003 ;
“the 2003 Sexual Orientation Regulations” means the Employment Equality (Sexual Orientation) Regulations 2003 ;
“the 2006 Act” means the Equality Act 2006 ;
“the Age Regulations” means the Employment Equality (Age) Regulations 2006 ;
“the 2007 Sexual Orientation Regulations” means the Equality Act (Sexual Orientation) Regulations 2007 ;
“the 2010 Act” means the Equality Act 2010;
“the 2010 Order” means the Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010;
“previous enactment” means —
the 1970 Act;
the 1975 Act;
the 1976 Act;
the 1986 Act;
the 1995 Act;
the 2006 Act;
the Religion or Belief Regulations;
the 2003 Sexual Orientation Regulations;
the Age Regulations;
the 2007 Sexual Orientation Regulations.
Provisions coming into force on 1st October 2010
2
1
Subject to articles 3 to 25, the relevant provisions of the 2010 Act, as set out in the following paragraphs, come into force on 1st October 2010.
2
In Part 2 (equality: key concepts), the relevant provisions are —
a
sections 4 and 5;
b
section 6 in so far as it is not already in force;
c
sections 7 to 13;
d
sections 15 to 21;
e
section 22 in so far as it is not already in force;
f
sections 23 to 27;
g
Schedule 1 in so far as it is not already in force.
3
In Part 3 (services and public functions), all the provisions are relevant provisions except —
a
so far as they apply to the protected characteristic of age;
b
paragraph 2 of Schedule 2 so far as it relates to the third requirement in a case where A is —
i
a local authority in England or Wales exercising functions under the Education Acts, or
ii
an education authority exercising functions under an enactment specified in paragraph 10(2) of Schedule 3 to the 2010 Act.
4
In Part 4 (premises), the relevant provisions are —
a
sections 32 to 35;
b
section 36(1)(a) to (c), (2) to (4), (7) and (8);
c
section 38(1) to (7) and (9);
d
section 38(8) in so far as it relates to the provisions set out in paragraph (e);
e
in Schedule 4 —
i
paragraphs 1 to 4;
ii
paragraph 8 except so far as it relates to paragraph 5(4)(c);
iii
paragraph 9 in so far as it is not already in force;
f
Schedule 5.
5
In Part 5 (work), the relevant provisions are —
a
sections 39 to 60;
b
section 61 in so far as it is not already in force;
c
sections 62 to 77;
d
section 79;
e
sections 80 to 83 in so far as they are not already in force;
f
Schedule 6;
g
Schedule 7 in so far as it is not already in force;
h
Schedule 8;
i
Schedule 9 in so far as it is not already in force.
6
In Part 6 (education), the relevant provisions are —
a
sections 84 to 93;
b
section 94 in so far as it is not already in force;
c
section 95;
d
sections 96 and 97 in so far as they are not already in force;
e
section 98 (except as provided in paragraph (i));
f
section 99;
g
Schedules 10 and 11;
h
Schedule 12 in so far as it is not already in force;
i
Schedule 13 except —
i
paragraph 2 so far as it relates to the third requirement;
ii
paragraph 5 so far as it relates to the third requirement in a case where A is the governing body of a maintained school (within the meaning of section 92 of the 2010 Act);
j
Schedule 14.
7
In Part 7 (associations), the relevant provisions are —
a
sections 100 to 105 except so far as they apply to the protected characteristic of age;
b
section 107 except so far as it applies to the protected characteristic of age;
c
Schedule 15;
d
Schedule 16 except so far as it applies to the protected characteristic of age.
8
In Part 8 (prohibited conduct: ancillary), all the provisions are relevant provisions.
9
In Part 9 (enforcement), the relevant provisions are —
a
sections 113 to 115;
b
section 116(1)(a) and (b) and (2);
c
section 116(1)(c) so far as it relates to, and for the purpose of, making rules under Part 3 of Schedule 17 to the 2010 Act;
d
section 116(3) in so far as it relates to the provisions set out in paragraph (k));
e
section 117 in so far as it is not already in force;
f
sections 118 to 135;
g
section 136(1) to (6)(a) to (e);
h
section 137;
i
section 138 in so far as it is not already in force;
j
sections 139 to 141;
k
in Schedule 17 —
i
Parts 1 and 2 in so far as they are not already in force;
ii
Part 3 so far as it confers or relates to the power to make rules under paragraph 10 of that Schedule;
iii
Part 4.
10
In Part 10 (contracts, etc.), the relevant provisions are —
a
sections 142 to 146;
b
section 147 in so far as it is not already in force;
c
section 148.
11
In Part 11 (advancement of equality), the relevant provisions are —
a
section 158;
b
section 159(3) for the purposes of section 158(4)(a) only.
12
In Part 12 (disabled persons: transport), the relevant provisions are —
a
section 161 so far as it confers the power to make regulations;
b
section 165 so far as it relates to, and for the purpose of, the issue of exemption certificates under section 166;
c
section 166;
d
section 167(1) to (5), and (7), so far as it relates to, and for the purpose of, the issue of exemption certificates under section 166;
e
section 167(6);
f
sections 168 to 185;
g
sections 187 and 188.
13
In Part 13 (disability: miscellaneous), the relevant provisions are —
a
section 189 in so far as it is not already in force;
b
section 190;
c
Schedule 21 in so far as it is not already in force.
14
In Part 14 (general exceptions), the relevant provisions are —
a
section 191 (except as provided in paragraph (d));
b
sections 192 to 195;
c
section 196 (except as provided in paragraph (e));
d
Schedule 22 except so far as it applies to the protected characteristic of age in Parts 3 and 7 of the 2010 Act;
e
Schedule 23 except so far as it applies to the protected characteristic of age in Parts 3 and 7 of the 2010 Act.
15
In Part 16 (general and miscellaneous), the relevant provisions are —
a
section 206;
b
section 211(1) in so far as it relates to the provisions set out in paragraph (e));
c
section 211(2) (except as provided in paragraph (f));
d
Schedule 25;
e
in Schedule 26 —
i
paragraphs 1 to 8;
ii
paragraphs 13 to 60;
iii
paragraph 61 in so far as it is not already in force;
iv
paragraphs 62 to 64;
v
paragraph 65(4);
vi
paragraphs 66 to 72;
vii
paragraph 75;
viii
paragraph 76 except so far as it relates to section 34(2)(a) and (b) of the 2006 Act, as substituted by sub-paragraph (3)(b) of that paragraph;
ix
paragraphs 77 to 81;
x
paragraph 82 except so far as it relates to sections 84 and 85 of the 2006 Act;
xi
paragraphs 83 to 107;
f
Schedule 27 except so far as it repeals —
i
sections 76A to 76C of the 1975 Act (and section 81 of that Act so far as relating to those sections);
ii
sections 71 to 71B of, and Schedule 1A to, the 1976 Act ;
iii
sections 17(8), 18 and 19(10) of the Local Government Act 1988 ;
iv
sections 49A to 49D of the 1995 Act ;
v
section 404 of the Greater London Authority Act 1999 ;
vi
sections 84 and 85 of the 2006 Act;
vii
sections 55 and 56 of the Local Transport Act 2008 .
Commencement and savings relating to the Additional Support Needs Tribunal for Scotland
3
The following provisions of Part 9 of the 2010 Act (enforcement) (in so far as not coming into force under article 2(9)) come into force on 18th March 2011 —
a
section 116(1)(c);
b
section 116(3);
c
section 136(6)(f);
d
in Schedule 17, Part 3.
4
1
Paragraph (2) applies in relation to a claim that the responsible body of a school in Scotland to which section 85 of the 2010 Act applies has contravened Part 6 of the 2010 Act because of a person’s disability, if the act complained of is done on 1st October 2010 or is done after that date but before 18th March 2011, and the legal proceedings in respect of it are instituted before 18th March 2011.
2
Despite their repeal by Schedule 27 to the 2010 Act, section 28N of, and Part 3 of Schedule 3 to, the 1995 Act have effect in relation to the claim; and for that purpose, the reference in paragraph 9 of that Schedule to Chapter 1 of Part 4 of the 1995 Act is to be read as a reference to Part 6 of the 2010 Act so far as relating to disability.
3
Subsection (6) of section 118 of the 2010 Act applies for the purposes of this article as it applies for the purposes of that section.
Savings and consequential amendments relating to Wales
5
1
Despite their lapse by virtue of Schedule 27 to the 2010 Act, subject to paragraph (2), the Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002 continue in effect so far as they relate to Wales until regulations under paragraph 6 of Schedule 17 to the 2010 Act come into force.
2
In regulation 2 of those Regulations —
a
after the definition of “the 1996 Act” insert —
“the 2010 Act” means the Equality Act 2010;
;
b
in the definition of “claim”, for “of unlawful discrimination under Chapter 1 of Part IV of the 1995 Act” substitute —
under Chapter 1 of Part 6 of the 2010 Act for —
disability discrimination,
harassment related to disability, or
victimisation within the meaning of section 27 of the 2010 Act where the protected act in question relates to disability;
;
c
after the definition of “the clerk to the tribunal” insert —
“disability” means disability within the meaning of section 6 of the 2010 Act;
.
6
Despite its repeal by Schedule 27 to the 2010 Act, section 28JA of the 1995 Act continues to have effect but the references in that section to proceedings under Chapter 1 of Part IV of the 1995 Act are to be read as references to proceedings under Chapter 1 of Part 6 of the 2010 Act and section 116 of, and Schedule 17 to, that Act.
Transitional provisions
7
Part 9 of the 2010 Act (enforcement) applies where —
a
an act carried out before 1st October 2010 is unlawful under a previous enactment, and
b
that act continues on or after 1st October 2010 and is unlawful under the 2010 Act.
8
1
Paragraph (2) applies to the following acts —
a
bringing proceedings under a previous enactment;
b
giving evidence or information in connection with proceedings under a previous enactment;
c
doing any other thing for the purposes of or in connection with a previous enactment;
d
making an allegation (whether or not express) that another person has contravened a previous enactment.
2
Section 27 of the 2010 Act (victimisation) applies in relation to an act to which this paragraph applies, and for that purpose the references in that section to “this Act” are to be read as references to the relevant previous enactment.
Transitory provision relating to the public sector equality duty
9
Pending the commencement of paragraph 76 of Schedule 26 to the 2010 Act so far as it relates to section 34(2)(b) of the 2006 Act, as substituted by sub-paragraph (3) of that paragraph, section 34 of the 2006 Act, and section 33(1) of that Act so far as it applies to that section, apply in relation to duties under or by virtue of —
a
sections 76A to 76C of the 1975 Act;
b
section 71 of the 1976 Act; and
c
sections 49A to 49D of the 1995 Act.
Transitory provisions relating to ships and hovercraft
10
1
In this article, “shipping matter” means —
a
transporting people by ship or hovercraft,
b
a service provided on a ship or hovercraft, or
c
the exercise of a public function in relation to a ship or hovercraft that is not the provision of a service to the public or a section of the public.
2
Despite their repeal or revocation by Schedule 27 to the 2010 Act, the provisions set out in Schedule 1 continue to have effect so far as they relate to a shipping matter within paragraph 1(a) or (b) until regulations under section 30(1) of the 2010 Act come into force.
3
Despite their repeal by Schedule 27 to the 2010 Act, the provisions of the 1995 Act set out in Schedule 1, so far as they relate to discrimination within the meaning of section 21D of that Act, continue to have effect so far as they relate to a shipping matter within paragraph 1(c) until regulations under section 30(2) of the 2010 Act come into force.
4
The following provisions of Schedule 26 to the 2010 Act do not come into force in relation to a shipping matter within paragraph 1(a) or (b) until regulations under section 30(1) of the 2010 Act come into force —
a
paragraph 67 (amendment of section 21(2)(b) of the 2006 Act) and paragraph 61 so far as relating to that paragraph; and
b
paragraphs 69 and 70 (repeal of sections 25 and 26 of the 2006 Act ) and paragraph 61 so far as relating to those paragraphs.
5
Paragraphs 67, 69 and 70 of Schedule 26 to the 2010 Act, and paragraph 61 of that Schedule so far as relating to those paragraphs, so far as they relate to disability discrimination, do not come into force in relation to a shipping matter within paragraph 1(c) until regulations under section 30(2) of the 2010 Act come into force.
6
Despite its lapse by virtue of Schedule 27 to the 2010 Act, subordinate legislation specified in Schedule 2 continues to have effect so far as it relates to a shipping matter within paragraph 1(a) or (b) until regulations under section 30(1) of the 2010 Act come into force.
7
Despite its lapse by virtue of Schedule 27 to the 2010 Act, subordinate legislation made under the 1995 Act that is specified in Schedule 2, so far as it relates to discrimination within the meaning of section 21D of that Act, continues to have effect so far as it relates to a shipping matter within paragraph (1)(c) until regulations under section 30(2) of the 2010 Act come into force.
8
Despite their amendment by the 2010 Order, the following provisions continue to apply in the form immediately before their amendment by that Order, so far as they relate to a shipping matter within paragraph 1(a) or (b), until regulations under section 30(1) of the 2010 Act come into force —
a
sections 76A to 76C of the 1975 Act;
b
sections 71 to 71B of, and Schedule 1A to, the 1976 Act;
c
sections 49A to 49D of the 1995 Act.
9
Despite their amendment by the 2010 Order, sections 49A to 49D of the 1995 Act, so far as they relate to discrimination within the meaning of section 21D of that Act, continue to apply in the form immediately before their amendment by that Order, so far as they relate to a shipping matter within paragraph (1)(c), until regulations under section 30(2) of the 2010 Act come into force.
11
1
Despite their repeal or revocation by Schedule 27 to the 2010 Act, the provisions set out in Schedule 3 continue to have effect so far as they relate to work on ships, work on hovercraft and seafarers until regulations under section 81 of the 2010 Act come into force.
2
The following provisions of Schedule 26 to the 2010 Act do not come into force in relation to work on ships, work on hovercraft and seafarers until regulations under section 81 of the 2010 Act come into force —
a
paragraph 15 (amendment of section 12 of the 1989 Act) and paragraph 13 so far as relating to that paragraph;
b
paragraph 67 (amendment of section 21(2)(b) of the 2006 Act) and paragraph 61 so far as relating to that paragraph;
c
paragraphs 69 and 70 (repeal of sections 25 and 26 of the 2006 Act) and paragraph 61 so far as relating to those paragraphs.
3
Despite its lapse by virtue of Schedule 27 to the 2010 Act, subordinate legislation specified in Schedule 4 continues to have effect, so far as it relates to work on ships, work on hovercraft and seafarers, until regulations under section 81 of the 2010 Act come into force.
4
Despite their amendment by the 2010 Order, the following provisions continue to apply in the form immediately before their amendment by that Order, so far as they relate to work on ships, work on hovercraft and seafarers, until regulations under section 81 of the 2010 Act come into force —
a
sections 76A to 76C of the 1975 Act;
b
sections 71 to 71B of, and Schedule 1A to, the 1976 Act;
c
sections 49A to 49D of the 1995 Act.
Transitory provision relating to taxis and private hire vehicles
12
Despite their repeal by Schedule 27 to the 2010 Act, sections 36 and 36A of the 1995 Act , and section 38 of the 1995 Act in so far as it relates to appeals against decisions of licensing authorities under section 36 or 36A of that Act, continue to have effect until section 165 of the 2010 Act comes fully into force.
Transitory provisions relating to guidance
13
1
Until guidance under section 6(5) of the 2010 Act (disability) comes into force, the guidance referred to in paragraph (2) has effect for the purposes of that section.
2
The guidance is “Guidance on matters to be taken into account in determining questions relating to the definition of disability” .
3
Despite its repeal by Schedule 27 to the 2010 Act, section 3 of the 1995 Act continues to have effect, so far as it confers power to issue that guidance.
14
1
Until guidance issued under paragraph 22(3)(b) of Schedule 3 to the 2010 Act (insurance: sex, gender reassignment, pregnancy and maternity) comes into force, the guidance referred to in paragraph (2) has effect for the purposes of paragraph 22(3)(b).
2
The guidance is “Guidance on the publication of data associated with the use of gender in the assessment of insurance risks” ; and for that purpose —
a
a reference to section 29 or 29(1) of the 1975 Act should be read as a reference to section 29 of the 2010 Act,
b
a reference to section 45(3) or 45(3)(a) of the 1975 Act should be read as a reference to paragraph 22(3) of Schedule 3 to the 2010 Act,
c
paragraph 4.1 should be read as beginning with the words “The Equality Act 2010 and”,
d
the heading after paragraph 4.4, paragraphs 4.5 to 4.8 and paragraph 4.10 should be ignored,
e
in paragraph 4.9, “But” should be ignored,
f
in paragraph 4.12, the words “corresponding amendments are made to the relevant provisions of” should be read as “corresponding provisions can be found in”,
g
in paragraph 4.15, the words “The Regulations amending the Sex Discrimination Act 1975” should be read as “The Equality Act 2010”, and
h
in paragraph 4.22, the words “the Regulations” should be read as “the applicable legislation and guidance”.
3
Despite its repeal by Schedule 27 to the 2010 Act, section 45(3)(a) of the 1975 Act continues to have effect, so far as it confers power to issue that guidance.
Savings
15
The 2010 Act does not apply where the act complained of occurs wholly before 1st October 2010 so that —
a
nothing in the 2010 Act affects —
i
the operation of a previous enactment or anything duly done or suffered under a previous enactment;
ii
any right, obligation or liability acquired or incurred under a previous enactment;
iii
any penalty incurred in relation to any unlawful act under a previous enactment;
iv
any investigation, legal proceeding or remedy in respect of any such right, obligation, liability or penalty; and
b
any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed, as if the 2010 Act had not been commenced.
16
1
The repeals and revocations made by Schedule 27 to the 2010 Act do not affect the operation of a transitional provision or saving relating to the commencement of a provision for which there is corresponding provision in the 2010 Act, in so far as the transitional provision or saving is not expressly restated in the 2010 Act but remains capable of having effect.
2
The repeal or revocation by Schedule 27 to the 2010 Act of a provision previously repealed or revoked subject to a saving does not affect the continued operation of that saving.
3
The repeal or revocation by Schedule 27 to the 2010 Act of a saving on the previous repeal or revocation of a provision does not affect the saving in so far as it is not expressly restated in the 2010 Act but remains capable of having effect.
17
Despite the repeal of section 1 of the 1989 Act (overriding of pre-1975 statutory requirements which conflict with the 1975 Act) by Schedule 27 to the 2010 Act, any provision which, immediately before that repeal, is of no effect as a result of that section continues to be of no effect.
18
1
This article applies in respect of insurance business in relation to an existing insurance policy within paragraph 23(1) of Schedule 3 to the 2010 Act.
2
Despite their repeal or revocation by Schedule 27 to the 2010 Act, the provisions set out in Schedule 5 continue to have effect.
3
Despite its lapse by virtue of Schedule 27 to the 2010 Act, subordinate legislation specified in Schedule 6 continues to have effect.
4
The guidance referred to in paragraph (2) of article 14 applies unaffected by sub-paragraphs (a) to (h) of that paragraph.
19
Despite their repeal by Schedule 27 to the 2010 Act, the following provisions of the 1995 Act continue to have effect —
a
section 30(5) (amendment of section 62 of the Further and Higher Education Act 1992 ) and section 30(1) so far as relating to it;
b
section 39 (amendments of section 20 of the Civic Government (Scotland) Act 1982 );
c
section 61 (amendment of section 15 of the Disabled Persons (Employment) Act 1944 );
d
in Schedule 1, paragraph 7(1) to (4), and (7) (persons on register of disabled persons on 12th January 1995 and on date of commencement of paragraph 7 deemed to have disability etc.) ; and
e
in Schedule 6, paragraph 1(a) (amendment of section 12(1) of the Employment and Training Act 1973 ) and paragraph 6 (amendment of section 16 of the Enterprise and New Towns (Scotland) Act 1990 ).
20
Despite their revocation by Schedule 27 to the 2010 Act, regulations 2(2) and 44 to 46 of the Age Regulations continue to have effect so far as they relate to Schedule 6 to those Regulations.
21
1
Subordinate legislation specified in the first column of the table in Schedule 7, in so far as made under the provision of a previous enactment specified in the second column, is to be treated as made under the provision of the 2010 Act specified in the third column.
2
Despite its repeal by Schedule 27 to the 2010 Act, section 67(3)(b) of the 1995 Act (power to sub-delegate) continues to have effect in so far as it provides authority for the Rail Vehicle Accessibility Exemption Orders (Parliamentary Procedures) Regulations 2008 .
22
1
The guidance referred to in paragraph (2), in so far as it was issued under section 28E(3) of the 1995 Act, is to be treated as issued under paragraph 2(4) of Schedule 10 to the 2010 Act.
2
The guidance is “Guidance on Accessible Schools: Planning to increase access to schools for disabled pupils” .
Revocation and consequential etc. provisions
23
In the Rail Passengers’ Rights and Obligations Regulations 2010 , omit regulation 10 (amendment of section 19 of the 1995 Act).
24
The amendments in Schedule 8 have effect.
25
A reference in any other subordinate legislation to a previous enactment is, so far as the context allows, to be read as a reference to the 2010 Act so far as corresponding to the previous enactment (and the context of the reference is to be read as being subject to such consequential alterations as are required).
Theresa May
Secretary of State for the Home Department
20th September 2010


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Recovery of Import Duties and Export Duties (Andorra) Regulations 2010 and come into force on 6th April 2010.
Interpretation
2
In these Regulations —
“applicant authority” means a competent authority designated for the purpose of the Decision by the Principality of Andorra;
“authorised official” means an official of an applicant authority authorised by that authority to make requests for assistance in accordance with the Decision;
“claim” means a claim concerning import duties or export duties due in consequence of a customs procedure initiated after the entry into force of the Decision;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“contested” means subject to an action brought by an interested party before the competent body of the Principality of Andorra in accordance with the laws in force there and “contesting” shall be construed accordingly;
“corresponding UK claim” means a claim for import or export duties charged in the United Kingdom;
“costs” includes fees, charges, disbursements, expenses and remuneration;
“the Decision” means Decision No. 1/2003 of the EC-Andorra Joint Committee ;
“instrument permitting enforcement” means–
any instrument issued by an applicant authority in relation to a claim; or
a decision on that claim given in favour of that authority by a court or tribunal or other competent body in the Principality of Andorra which permits recovery of that claim or part thereof in the Principality of Andorra;
“the Regulation” means Commission Regulation ( EC ) No 1179/2008 ;
“request for information” means a request for information made under article 7 of the Decision;
“request for notification” means a request for information made under article 8 of the Decision;
“request for recovery” means a request for recovery made under article 9 of the Decision;
“request for the taking of precautionary measures” means a request made under article 16 of the Decision;
“request for assistance” means a request for information, a request for notification, a request for recovery or a request for the taking of precautionary measures;
the expressions “import duties”, “export duties” and “information of a personal nature” have the meaning given to them by the Decision.
PART 2 Requests for Assistance
Requests for Information – making the request
3
1
A request for information shall —
a
be made in writing, in accordance with the specimen set out in the Regulation;
b
contain all the particulars required by that specimen; and
c
bear the official stamp of the applicant authority and be signed by an authorised official.
2
A request for information shall relate to–
a
the debtor;
b
a person liable for settlement of a claim under the law in force in the Principality of Andorra; or
c
a third party holding assets belonging to a person mentioned in sub-paragraph (a) or (b).
Requests for Information – procedure following receipt of the request
4
1
The Commissioners shall —
a
acknowledge receipt of a request for information in writing as soon as possible and in any event within seven days of receipt;
b
transmit to the applicant authority each item of requested information as and when it is obtained;
c
where all or some of the requested information cannot be obtained within a reasonable time, so inform the applicant authority, indicating the reasons; and
d
no later than six months from the date of acknowledgement of the request, report to the applicant authority the outcome of the investigations which they have conducted in order to obtain the information requested.
2
The applicant authority may, upon receipt of the report referred to in sub-paragraph (1)(d), ask the Commissioners to continue their investigations.
3
The request referred to in paragraph (2) shall be made in writing within two months of receipt of the report and shall be dealt with by the Commissioners in accordance with the provisions applying to the original request.
4
The Commissioners shall, as soon as possible, give notice to the applicant authority of such additional particulars as may be necessary to execute the request.
5
The Commissioners shall be under no obligation to execute a request for information until the applicant authority has complied, so far as it is able, with any request made of it under paragraph (4).
Refusal of Requests for Information
5
The Commissioners shall not be obliged to supply information where —
a
the request was not made in accordance with these Regulations;
b
the Commissioners would not be obliged to obtain the information in question for the purpose of recovering a corresponding UK claim;
c
the supply of the requested information would disclose any commercial, industrial or professional secret; or
d
disclosure of the information would be liable to prejudice the security or public order of the United Kingdom.
Requests for Notification – making the request
6
1
A request for notification shall —
a
be made in writing, in duplicate, in accordance with the specimen set out in the Regulation;
b
contain all the particulars required by and attach all the attachments stipulated in that specimen;
c
bear the official stamp of the applicant authority and be signed by an authorised official; and
d
refer to the procedure for contesting the claim or its recovery in accordance with the law in force in the Principality of Andorra, in so far as it is not indicated in the instrument or decision of which notification is requested.
2
A request for notification shall relate to a natural or legal person who, in accordance with the laws in force in the Principality of Andorra, is entitled to be informed of any instrument or decision which concerns that person.
Requests for Notification – procedure following receipt of the request
7
1
The Commissioners shall —
a
acknowledge receipt of a request for information in writing not later than seven days after the date of such receipt;
b
take the necessary measures to effect notification, as soon as possible, in accordance with the law applicable to notification of similar instruments in that part of the United Kingdom in which notification is given;
c
promptly inform the applicant authority of the action taken on its request for notification and, in particular, confirm to the applicant authority, as soon as reasonably practicable, the date on which the instrument was notified to the person concerned by returning a copy of the request form with the relevant certificate completed;
d
not question the validity of the instrument.
2
The Commissioners may request additional information from the applicant authority for the purposes of effecting notification but shall not thereby jeopardise any final date for notification indicated in the request for notification.
3
For the purposes of this regulation, “instrument” means any document or decision, including those of a judicial nature, which emanates from the Principality of Andorra and which relates to a claim which forms the subject of a request for recovery.
Requests for recovery or for the taking of precautionary measures – making the request
8
1
A request for recovery or a request for the taking of precautionary measures shall —
a
be made in writing in accordance with the specimen set out in the Regulation;
b
contain all the particulars required by and attach all the attachments stipulated in that specimen;
c
bear the official stamp of the applicant authority; and
d
be signed by an authorised official.
2
A request for recovery or for the taking of precautionary measures shall relate to a person specified in regulation 3(2).
3
The amount of the claim that forms the subject of the request shall be stated in UK sterling and in the currency of the Principality of Andorra.
4
A request for recovery shall specify, in addition to the particulars specified in paragraph (1) —
a
the nature and amount of the claim, including the principal sum and costs due, stated in accordance with paragraph (3);
b
the date of notification of the instrument to the addressee by the applicant authority or the Commissioners or both; and
c
the date from which and the period during which enforcement is possible under the laws in force in the Principality of Andorra.
5
For the purposes of these Regulations, where the instrument permitting enforcement concerns more than one claim against a person, the claims in question shall be treated as a single claim.
Requests for recovery or for the taking of precautionary measures – initial procedure following receipt of the request
9
1
The Commissioners shall, not later than seven days after the date of receipt of a request for recovery or for the taking of precautionary measures —
a
acknowledge receipt of the request in writing to the applicant authority;
b
make a request in writing to the applicant authority to complete the request if it does not contain all the information required under article 10(3) of the Decision.
2
The Commissioners shall be under no obligation to execute a request for recovery or a request for the taking of precautionary measures until the applicant authority has complied, so far as it is able, with any request made of it under sub-paragraph (1)(b).
3
As soon as any relevant information relating to the matter which gave rise to the request comes to the knowledge of the applicant authority, it shall forward it to the Commissioners.
4
Subject to the following provisions of this regulation (and regulation 10), upon receipt of a completed request made in accordance with regulation 8, the Commissioners shall proceed to take the precautionary measures or, as the case may be, recovery action, so requested, in accordance with the laws, regulations and administrative provisions applying to corresponding UK claims.
5
For the purposes of paragraph (4), the claim in respect of which a request has been made shall be treated as a corresponding UK claim.
6
The Commissioners shall inform the applicant authority immediately of the action that they have taken on any request for recovery or for the taking of precautionary measures.
Requests for recovery or for the taking of precautionary measures – subsequent procedure following receipt of the request
10
1
Where the Commissioners do not, within three months of the date of receipt of a request made in accordance with regulation 8, take the recovery action or precautionary measures requested, they shall, not later than seven days from the end of that period, inform the applicant authority in writing of the reasons for their failure to comply with the time-limit.
2
No later than the end of each six-month period following the date of acknowledgement of receipt of a request made in accordance with regulation 8, the Commissioners shall inform the applicant authority in writing of the status or outcome of any recovery action or precautionary measures.
3
Where, within a reasonable time, having regard to the particular case, all or part of the claim cannot be recovered, or precautionary measures cannot be taken, the Commissioners shall so inform the applicant authority, in writing, setting out the reasons why the appropriate action cannot be taken.
4
The applicant authority may request the Commissioners to resume the recovery action or precautionary measures requested under regulation 8.
5
But paragraph (4) shall not apply where the Commissioners have received notification that the claim or the instrument permitting its recovery (or both) is contested by an interested party before the competent body of the Principality of Andorra.
6
A request under paragraph (4) —
a
must be in writing;
b
must be made within two months of the date of any notification given in accordance with paragraphs (1) to (3); and
c
is subject to the provisions of these Regulations which applied to the initial request.
Refusal of Requests for recovery or for the taking of precautionary measures
11
The Commissioners shall not be obliged to comply with a request for recovery or for the taking of precautionary measures if to do so would, because of the situation of the debtor, create serious economic or social difficulties in the United Kingdom, except insofar as the laws, regulations or administrative practices in force in the United Kingdom allow such action for corresponding UK claims.
Time to pay and payment by instalments
12
The Commissioners may, after consultation with the applicant authority —
a
allow the debtor time to pay, or
b
authorise payment by instalments.
Transfer of sums recovered
13
1
Claims shall be recovered in UK sterling.
2
Subject to paragraph (4), the Commissioners shall transfer in UK sterling to the applicant authority any sum recovered in respect of the request for assistance not later than one month from the date upon which recovery was effected.
3
For the purposes of this regulation, ‘sum’ shall include any interest, including interest charged in the United Kingdom.
4
The Commissioners and the applicant authority may agree different arrangements for the transfer of an amount where that amount is 1500 Euros or less or the UK sterling equivalent at the time of the request.
5
For the purposes of assessing what proportion of a claim has been recovered —
a
any amounts collected by the Commissioners in accordance with article 12(2) of the Decision shall be disregarded; and
b
any sums recovered shall be converted into UK sterling at the rate prescribed in regulation 18(2).
Contested recovery
14
1
Any action contesting the claim or the instrument permitting its enforcement, which is issued in the Principality of Andorra, shall be notified to the Commissioners in writing by the applicant authority immediately after it has been informed of such action.
2
As soon as the Commissioners have received the notification referred to in paragraph (1), they shall, pending the decision of the body competent in the matter, suspend any recovery action.
3
Notwithstanding paragraph (2), the applicant authority may require the Commissioners to recover a contested claim, insofar as the laws of the United Kingdom allow.
4
If the laws of the United Kingdom do not permit the action requested under paragraph (3), the Commissioners shall so notify the applicant authority, promptly and in any event within one month of the receipt of the notification referred to in paragraph (1).
5
Any proceedings instituted against the Commissioners in consequence of such recovery action, for reimbursement of the sums recovered or for compensation, shall be notified to the applicant authority in writing by the Commissioners immediately after they have been informed of such action.
6
The Commissioners shall, as far as possible, involve the applicant authority in the procedures for settling the amount to be reimbursed and the compensation due.
7
The period of limitation or prescription applicable to any issue arising on the recovery of any claim shall be that applicable under the laws in force in the Principality of Andorra.
8
For the purposes of paragraphs (5) to (7), any step or action taken by the Commissioners in recovery of a claim in pursuance of a request for assistance shall be deemed to have been taken in the Principality of Andorra, where that step or action would, if it had been taken by the applicant authority, have had the effect of suspending or interrupting the period of limitation or prescription in accordance with the laws in force in the Principality of Andorra.
Costs of Recovery
15
1
The Commissioners shall be entitled to recover from the person against whom they recover a claim, and retain, any costs linked to recovery which they incur, in accordance with the law of the United Kingdom applying to corresponding UK claims.
2
Where the applicant authority and the Commissioners agree that recovery —
a
poses a specific problem,
b
involves a substantial amount in costs, or
c
relates to the fight against organised crime,
the applicant authority and the Commissioners may agree reimbursement arrangements specific to the case in question.
3
The Principality of Andorra shall remain liable to the United Kingdom for any costs and losses incurred as a result of actions held to be unfounded, as far as either the substance of the claim or the validity of the instrument issued by the applicant authority are concerned.
Notice of cancellation or payment of a claim
16
1
The applicant authority shall immediately notify the Commissioners in writing if payment is made in satisfaction of a claim or if a request is cancelled for any reason.
2
Upon receipt of such notification, the Commissioners shall cease any recovery action or precautionary measures in relation to that claim.
Adjustment of a claim
17
1
Where the amount of a claim which is the subject of a request for recovery or for precautionary measures is amended for any reason, the applicant authority shall immediately so inform the Commissioners, and, if necessary, issue a new instrument.
2
Where the amendment leads to a reduction in the amount of the claim, the Commissioners shall continue the action which they have undertaken with a view to recovery or to the taking of precautionary measures, but that action shall be limited to the amount still outstanding.
3
If, at the time the Commissioners are informed of the amendment of the amount of the claim, an amount exceeding the amount still outstanding has already been recovered by them, but the transfer procedure referred to in article 18 of Annex I to the Decision has not yet been initiated, they shall repay the amount overpaid to the person entitled thereto.
4
Where the amendment leads to an increase in the amount of the claim —
a
The Commissioners shall not be required to take any steps in relation to the amount of the increase unless the applicant authority makes it the subject of an additional request for recovery or for the taking of precautionary measures;
b
the additional request shall, as far as possible, be dealt with by the Commissioners at the same time as the original request; and
c
where, in view of the state of progress of the existing recovery procedure, consolidation of the additional request with the original request is not possible, the Commissioners shall be required to comply with the additional request only if it concerns an amount not less than 1500 Euros or the UK sterling equivalent at the time of request.
5
In order to convert the amended amount of the claim into UK sterling, the applicant authority shall use the exchange rate used in its original request.
Minimum amount on requests for assistance
18
1
A request for assistance shall not be entertained if the claim is 1500 Euros or less or the UK sterling equivalent at the time of request.
2
For the purposes of these Regulations, the rate of exchange shall be the latest selling rate recorded on the most representative exchange market or markets of the Principality of Andorra, on the date on which the request for assistance is signed.
Limitation on requests for assistance
19
1
The Commissioners shall not be obliged to grant a request for assistance of any kind if the initial request for information, recovery or precautionary measures concerns claims more than five years old.
2
For the purposes of paragraph (1), the period of five years beings —
a
where the claim and instrument are not contested, on the date the instrument permitting the enforcement was established in accordance with the laws, regulations or administrative practices in force in the Principality of Andorra;
b
where the claim or the instrument is contested, on the date upon which it is established that the claim or the instrument may no longer be contested.
Communication of documents and information
20
1
Documents and information sent to the Commissioners pursuant to the Decision shall only be communicated by them to —
a
the person mentioned in the request for assistance;
b
those persons and authorities responsible for the recovery of the claims, and solely for that purpose; or
c
the judicial authorities dealing with matters concerning the recovery of the claims.
2
Any information obtained pursuant to a request for assistance may only be used for the purposes of mutual assistance in the recovery of the claim to which the request relates.
3
The Commissioners shall not provide information of a personal nature unless the applicant authority undertakes to provide equivalent safeguards to those that would be applicable to that information in the United Kingdom.
Language requirements
21
1
Save where the Commissioners agree otherwise, requests for assistance, the instrument permitting enforcement, and any other relevant documents shall be accompanied by a translation into English.
2
All information and particulars communicated to an applicant authority by the Commissioners in accordance with the Decision shall be conveyed in English or in such other language as is agreed between the Commissioners and the applicant authority.
Notice of refusal of requests for assistance
22
1
Where the Commissioners refuse a request for assistance, they shall give written notification to the applicant authority of the reasons for their refusal, as soon as the decision is taken and in any event within three months from the date of the acknowledgement of the receipt of the request.
2
In the case of a refusal of a request for information, the notification shall specify the relevant provisions of article 7 of the Decision.
3
Such notification shall also be given to the Commission of the European Communities.
Withdrawal of requests
23
An applicant authority may in writing at any time withdraw a request made under these Regulations.
PART 3 Interest
Interest
24
1
A claim shall carry interest in respect of the principal and any penalty claimed, at the rate applicable to a corresponding UK claim under section 197 of the Finance Act 1996 , from the date on which the instrument permitting the enforcement has been directly recognised, accepted, supplemented or replaced in accordance with article 11 of the Decision until the date of payment.
2
In this regulation, “the date of recognition” means the earlier of —
a
the day following the expiry of three months from the date of receipt by the Commissioners of the request for recovery; and
b
the date the instrument permitting enforcement of the foreign claim is recognised by the Commissioners as an instrument authorising enforcement of the claim in the United Kingdom.
3
Interest is payable under this regulation without any deduction of income tax.
4
For the purposes of this regulation, where —
a
any payment is made by cheque to the Commissioners; and
b
the cheque is paid on its first presentation to the banker on whom it is drawn;
the payment shall be treated as made on the day on which the cheque was received by the Commissioners.
5
Interest payable under this regulation shall be notified in writing to the person subject to enforcement action in respect of the claim and may be recovered from that person as a debt due to the Crown.
PART 4 Evidence
Evidence
25
1
An instrument permitting enforcement of a claim recognised by the Commissioners as an instrument authorising enforcement of the claim in the United Kingdom, together with a certificate of an officer of Revenue and Customs that payment of the claim has not been made to that officer, or, to the best of that officer’s knowledge and belief, to any other such officer, or to any person acting on that officer’s behalf or on behalf of another officer, or to the applicant authority, is sufficient evidence that the sum mentioned in the instrument is unpaid and is due to that authority.
2
A certificate of an officer of Revenue and Customs that interest is payable under regulation 24 (interest) and that payment of the interest has not been made to that officer, or, to the best of that officer’s knowledge and belief, to any other such officer, or to any person acting on that officer’s behalf or on behalf of another such officer, or to the applicant authority, is sufficient evidence that the interest is unpaid and is due to that authority.
3
For the purposes of this regulation, any document purporting to be such a certificate as is mentioned in paragraphs (1) and (2) is deemed to be such a certificate unless the contrary is proved.
4
The instrument permitting enforcement of the claim shall continue to have effect notwithstanding that it has been supplemented or replaced by an instrument authorising enforcement in the United Kingdom.
5
Within three months following the date of receipt of the request for recovery, the Commissioners shall endeavour to complete such acceptance, recognition, supplementing or replacement, except in cases where the claim, or the instrument issued in the Principality of Andorra permitting its enforcement is contested, in which case regulation 14 (contested recovery) applies.
6
They may not be refused if the instrument permitting enforcement is properly drawn up.
7
Where the Commissioners exceed the time-limit specified in paragraph (5), they shall inform the applicant authority of their reasons for doing so.
PART 5 Enforcement in Scotland
Enforcement in Scotland
26
1
For the purposes of enforcement in Scotland, an original, official or certified copy of a decision on a claim by a court, tribunal or other competent body of the Principality of Andorra shall be of the same force and effect as an extract of a decree of the Court of Session for the payment of money bearing a warrant for execution.
2
For the purposes of paragraph (1), a “decision on a claim” means a decision on a claim which permits recovery of that claim in the Principality of Andorra.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2010
Bernadette Kenny
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
15th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Sutton Harbour Revision Order 2010 and comes into force on 10th August 2010.
2
The Sutton Harbour Acts and Orders 1847 to 1988 and this Order may be cited together as the Sutton Harbour Acts and Orders 1847 to 2010.
Interpretation
2
In this Order —
“the 1969 Order ” means the Sutton Harbour Revision Order 1969 ; and
“the 1986 Order ” means the Sutton Harbour Revision Order 1986 .
Capital and borrowing powers
3
In article 6(1) of the 1986 Order (capital and borrowing powers) —
a
after “those modes” insert “or by any other mode the Company considers expedient;” and
b
for “£10,000,000” substitute “£60,000,000 (or that sum as altered in accordance with article 6A).”
CPI adjustment of borrowing limit
4
After article 6 of the 1986 Order insert —
6A
1
On each anniversary of the coming into force of the Sutton Harbour Revision Order 2010, the sum mentioned in article 6(1) shall alter in line with any movement (calculated to one decimal place) in CPI which occurred during the year that ended on the 31st December immediately preceding the anniversary in question.
2
Any alteration that occurs under paragraph (1) shall be recorded in the next following annual statement of accounts prepared by the Board of the Company.
3
In paragraph (1) “CPI” means the Consumer Price Index being the main measure of inflation published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
.
Temporary borrowing powers
5
In article 27 of the 1969 Order (company may incur temporary loans) for “five hundred thousand” substitute “one million”.
Revocation
6
Article 10(c) of the 1986 Order is revoked.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
20th July 2010


text:
Citation and commencement
1
This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2010 and shall come into force on the day after the day on which it is made.
Amendment to the Immigration (Leave to Enter and Remain) Order 2000
2
The Immigration (Leave to Enter and Remain) Order 2000 is amended as follows.
3
1
Article 8 (grant or refusal of leave otherwise than by notice in writing) is amended as follows.
2
In paragraph (1), at the start insert “Subject to paragraph (5),”.
3
After paragraph (4) insert —
5
No notice shall be given where a person is given leave to enter the United Kingdom by passing through an automated gate in accordance with article 8A.
.
4
After article 8 insert —
Automatic grant of leave
8A
1
An immigration officer may authorise a person to be a person who may obtain leave to enter the United Kingdom by passing through an automated gate.
2
Such an authorisation may —
a
only authorise a person to obtain leave to enter the United Kingdom as one of the categories of person under the immigration rules mentioned in paragraph (5);
b
set out the conditions of use for an automated gate;
c
list the automated gates for which the authorisation is valid;
d
remain in force for up to 24 months; and
e
be varied or withdrawn at any time, with or without notice being given to the person.
3
Where a person passes through an automated gate —
a
having been authorised under paragraph (1) as a person who may obtain leave to enter the United Kingdom by passing through an automated gate;
b
in accordance with the conditions of use for an automated gate;
c
which is an automated gate for which the authorisation is valid; and
d
while the authorisation remains in force,
the person shall be given leave to enter the United Kingdom for six months as the category of person under the immigration rules for which the person has been authorised under paragraph (1).
4
Such leave shall be subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).
5
The categories of person under the immigration rules mentioned in this paragraph are —
a
a general visitor;
b
a business visitor;
c
an academic visitor;
d
a sports visitor;
e
an entertainer visitor;
f
a person seeking leave to enter as a visitor for private medical treatment;
g
a person seeking leave to enter as the parent of a child at school in the United Kingdom.
.
5
In article 11 (burden of proof) after “or 9,” insert “or by virtue of article 8A,”.
Phil Woolas
Minister of State
Home Office
24th March 2010


text:
Citation, commencement, application and interpretation
1
1
This order may be cited as the Cornwall Port Health Authority Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the Council” means the Council for the County of Cornwall;
“the Port of Falmouth”, “the Port of Fowey”, “the Port of Penzance” and “the Port of Truro”, mean respectively the ports of those names established for the purposes of the enactments relating to customs and excise; and
“the proper officer”, in relation to any purpose and any body, means the officer appointed for that purpose by that body.
4
References in this order to reference points shall be construed as references to National Grid reference points.
The Port Health Authority
2
1
For the purposes of the Act, the Port of Fowey, the Port of Penzance, the Port of Truro, together with the parts of the Port of Falmouth, and with the land and water described below to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
2
This article applies to the following ports —
a
the Port of Truro together with that part of the Port of Falmouth which lies within the area bounded —
i
to the north-east by a line from Ordnance Survey reference point SW 8715 3220 (Killigeran Head) south-east to a point at sea at Ordnance Survey reference point SW 9040 2913;
ii
to the south-east by a line from the point at sea at Ordnance Survey reference point SW 9040 2913 south-west to a point of land at Ordnance Survey reference point SW 7790 1606 (Black Head); and
iii
by the mean high water line along the coast between the points at Ordnance Survey reference points SW 8715 3220 (Killigeran head) and SW 7790 1606 (Black Head);
together with —
aa
docks and harbours, including the approaches to them; and
bb
as far as the tide flows, all rivers, canals, bays, creeks, streams, channels, waters and watercourses,
giving on to the area specified in this Article.
b
the Port of Fowey, together with that part of the Port of Falmouth which lies to the east of Portholland (Ordnance Survey reference point SW 9595 4107); and
c
that part of the Port of Penzance that lies to the landward side of a line drawn between Carn-du (Ordnance Survey reference point SW 4564 2382) and Cudden Point (Ordnance Survey reference point SW 5484 2750) and to the landward side of a line drawn between St Ives Head (Ordnance Survey reference point SW 5214 4112) and Godrevy Point (Ordnance Survey reference point SW 5810 4341).
Jurisdiction
3
The Council shall have jurisdiction as port health authority over all waters and land within the said port health district and also over such part of the district as —
a
is adjacent to or abuts on those waters; and
b
includes the whole of any wharf and the area within the gates of any dock and the buildings on either of them.
Functions of the Port Health Authority
4
1
There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order, the enactments mentioned in the Schedule to this Order shall have effect as if —
a
any vessel lying within the port health authority were a house, building or premises, and
b
the master or other officer or person in charge of the vessel were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the Service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 applies by virtue of section 1 of that Act.
Revocation
5
1
The Fowey Port Health Authority Order 1979 , the Penwith Port Health Authority Order 1980 and the Falmouth & Truro Port Health Authority Order 1988 are revoked.
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
1st April 2010


text:
PART 1 Preliminary
Citation, commencement and application
1
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2010.
2
These Regulations shall come into force on 6th April 2010.
3
Regulations 3, 6, 7, 12(1)(b), 13 14(a) and 17(b)(iii) shall apply only in relation to the tax year 2010-11 and subsequent tax years.
4
Regulations 4, 5, 8, 9, 10, 11, 12(1)(a) and (c), (2) and (3), 14(b), 15, 16(c), 17(b)(i), (ii) and (iv), (c) and (e) shall apply only in relation to the tax year 2011-12 and subsequent tax years.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
PART 2 Failure to account for deductible tax
Determinations
3
In regulation 80(5) (determination of unpaid tax and appeal against determination) and regulation 110(4) (formal determination of tax payable by the employer) after “5” insert “, 5A”.
PART 3 Communications
CHAPTER 1
Electronic communications: interpretation
Revocations
4
Omit regulations 190 (specified date) and 191 (large and medium sized employers).
CHAPTER 2
Electronic payment by large employers
Definition of large employers
5
At the beginning of Chapter 3, before regulation 199 (large employers required to make specified payments electronically) insert —
Large employers
198A
1
“Large employer” means an employer treated as paying PAYE income to 250 or more employees at the specified date.
2
An employer is treated as paying PAYE income to an employee at the specified date if the employer —
a
is required at that date by these Regulations to prepare or maintain a deductions working sheet in respect of that employee, and
b
has not sent to HMRC Part 1 of Form P45 in respect of that employee.
3
The specified date for each tax year is 31st October .
.
Large employers required to make specified payments electronically
6
1
In regulation 199 (large employers required to make specified payments electronically) —
a
in paragraph (1) omit “to whom an e-payment notice in respect of a tax year has been issued”,
b
for paragraph (2) substitute —
2
“Specified payments”, in this regulation, means payments of tax under regulation 68 (periodic payments to and recoveries from the Revenue).
, and
c
after paragraph (4) insert —
5
A specified payment is not treated as received in full by HMRC on or before the date by which that specified payment is required in accordance with regulation 69 unless it is made in a manner which secures (in a case where the specified payment is made otherwise than in cash) that, on or before that date, all transactions can be completed which need to be completed before the whole amount of the specified payment becomes available to the Commissioners for Her Majesty’s Revenue and Customs.
.
Revocations
7
Omit regulations 200 (e-payment notices and appeal), 201 (employer in default if specified payment not received by applicable due date) and 202 (default notice and appeal).
CHAPTER 3
Mandatory use of electronic communications
Delivery of information
8
For regulation 205 (mandatory use of electronic communication for delivering relevant annual returns), 205A (mandatory use of electronic communication for delivering specified information) and 205B (general provisions relating to this Chapter) substitute —
Mandatory use of electronic communications
205
1
An employer (as to which see regulation 206) must deliver specified information by an approved method of electronic communications to HMRC.
2
The Commissioners for Her Majesty’s Revenue and Customs may make a general or specific direction requiring an employer to deliver specified information by a particular approved method of electronic communications.
3
Specified information may be delivered by a person on behalf of an employer.
4
This regulation does not apply to specified information which relates to payments of tax due under a retrospective tax provision for a closed year.
5
References in this Chapter to information and to the delivery of information must be construed in accordance with section 135(8) of the Finance Act 2002 (mandatory e-filing) .
.
Employers
9
1
For the heading to regulation 206 (employers and specified employers) substitute “Employers”.
2
In regulation 206 —
a
omit paragraph (1),
b
in paragraph (2), for the words before sub-paragraph (a) substitute —
2
For the purposes of this Chapter, the following shall not be regarded as employers —
, and
c
in paragraph (4)(d) for “relevant annual return” substitute “specified information”.
Specified information
10
In regulation 207(1) (specified information) after sub-paragraph (d) insert —
e
the return and accompanying information required by regulation 73 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)).
.
Penalties
11
1
In the heading to regulation 210 (penalty for failing to deliver relevant annual returns and specified information) omit “relevant annual returns and”.
2
In regulation 210 —
a
for paragraphs (A1) to (2) substitute —
1
An employer who fails to deliver specified information or any part of it in accordance with regulation 205 is liable to a penalty.
2
Where the specified information is the return and accompanying information required by regulation 73 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14) the penalty will be determined in accordance with regulation 210AA.
, and
b
in paragraph (3), for regulation 210B substitute “regulations 210B and 210BA”.
3
For the heading to regulation 210AA (penalty: relevant annual return for the tax year ending 5th April 2011 and subsequent years) substitute “Penalty: forms P35 and P14”.
4
In regulation 210AA and Table 9ZA for “relevant annual return” substitute “specified information”.
5
For the heading to regulation 210B (penalty: form P45 (Part 1 or Part 3), P46 or P46 (Pen)) substitute “Penalty: form P45 (Part 1 or Part 3), P46 or P46 (Pen); tax years ending 5th April 2012 and 5th April 2013”.
6
In regulation 210B —
a
for paragraph (1) substitute —
1
This regulation applies for the tax years ending 5th April 2012 and 5th April 2013 (the “relevant period”).
,
b
for the heading to Table 9A substitute “Penalties: tax years ending 5th April 2012 and 5th April 2013”, and
c
in the first column in Table 9A for the first entry substitute “1-2” and for the second entry substitute “3-49”.
7
After regulation 210B insert —
Penalty: form P45 (Part 1 or Part 3), P46 or P46(Pen); tax years ending 5th April 2014 and subsequent years
210BA
1
Table 9AA sets out penalties depending on the number of items of specified information the employer has failed to deliver in each tax quarter falling within the tax year ending 5th April 2014 and subsequent years.
Table 9AA
Penalties: tax year ending 5th April 2014 and subsequent years
1 Number of items of specified information the employer has failed to deliver in the tax quarter 2 Penalty
1-49 £100 50-149 £300 150-299 £600 300-399 £900 400-499 £1,200 500-599 £1,500 600-699 £1,800 700-799 £2,100 800-899 £2,400 900-999 £2,700 1000+ £3,000
2
Each of the types of specified information mentioned in sub-paragraphs (a) to (d) of regulation 207(1) counts as a separate item of specified information for this purpose.
3
An item of specified information counts even if it relates to the same employee as one or more other items.
.
Other revocations
12
1
The following are omitted —
a
regulation 206A (relevant annual return),
b
regulation 208 (e-filing notice and appeals), and
c
regulation 210A (penalty: relevant annual return for the tax year ending 5th April 2010).
2
In regulation 209 (standards of accuracy and completeness) omit “relevant annual return or” in both places those words occur.
3
In regulation 210C (appeals and interest) —
a
omit the words “or regulation 205A” in both places they occur,
b
in paragraph (1), omit the words “relevant annual return or”,
c
in paragraph (2), omit sub paragraph (a), and
d
omit paragraph (3).
CHAPTER 4
Methods of providing information, etc
How information must or may be delivered by employers
13
In Table 10 in regulation 211(4) (how information must or may be delivered by employers), for the entries in relation to regulations 67(1), 132(1), 157(2)(b) and 184I(2)(b), in column 5 for “no” substitute “yes”.
How information may be delivered by Her Majesty’s Revenue and Customs
14
In regulation 213(3), in Table 11 —
a
omit the entry relating to regulation 199(1), and
b
omit the entry relating to regulation 206(1).
CHAPTER 5
Consequential amendments
Interpretation
15
In regulation 2(1) (interpretation) —
a
for the definition of “large employer” and “large or medium employer” substitute —
“large employer” has the meaning given in regulation 198A;
, and
b
for the definition of “specified date” substitute —
“specified date” for the purposes of Chapter 3 of Part 10, has the meaning given in regulation 198A;
.
Multiple PAYE schemes
16
In regulation 99(2) (multiple PAYE schemes: election made for improper purpose ineffective) —
a
in regulation (b) for “205” substitute “205A”,
b
omit paragraph (c), and
c
omit paragraph (b).
Employment and support allowance
17
In regulation 184B (employment and support allowance; application of other regulations) —
a
in paragraph (1) for “(4)” substitute “(5)”,
b
in the list in paragraph (1) —
i
for the entries relating to regulation 205A to 205B substitute the following —
regulation 205 mandatory use of electronic communications
,
ii
in the entry relating to regulation 206 omit “and specified employers”,
iii
omit the entry relating to regulation 208,
iv
in the entry relating to regulation 210 omit “relevant annual returns and”, and
v
omit the entry relating to 210B,
c
in paragraph (2) in the first column of Table 7A omit “, specified employer”,
d
after paragraph (4) insert —
5
In the application of regulation 210 (penalty for failing to deliver specified information) —
a
where the specified information is the return and accompanying information required by regulation 184J (annual return) the penalty will be determined in accordance with regulation 210A, and
b
where the specified information is 184G (return in respect of all claimants to taxable employment and support allowance), Part 1 of Form P45ESA or the information required under regulation 184E(9) the penalty will be determined in accordance with regulation 210B.
, and
e
in paragraph (5) inserted by sub-paragraph (d) of this regulation for “210A” substitute “210AA” and for “regulation 210B” insert “regulations 210B and 210BA”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2010


text:
Citation, commencement and revocations
1
1
This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 and comes into force on 29th November 2010.
2
The Orders listed in the first column of the Schedule to this Order are revoked to the extent specified in the second column.
First-tier Tribunal Chambers
2
The First-tier Tribunal shall be organised into the following chambers —
a
the General Regulatory Chamber;
b
the Health, Education and Social Care Chamber;
c
the Immigration and Asylum Chamber;
d
the Social Entitlement Chamber;
e
the Tax Chamber;
f
the War Pensions and Armed Forces Compensation Chamber.
Functions of the General Regulatory Chamber
3
To the General Regulatory Chamber are allocated all functions related to —
a
proceedings in respect of the decisions and actions of regulatory bodies which are not allocated to the Health, Education and Social Care Chamber by article 4 or to the Tax Chamber by article 7;
b
matters referred to the First-tier Tribunal under Schedule 1D to the Charities Act 1993 (references to Tribunal);
c
the determination of remuneration for carrying mail-bags in a ship or aircraft.
Functions of the Health, Education and Social Care Chamber
4
To the Health, Education and Social Care Chamber are allocated all functions related to —
a
an appeal against a decision related to children with special educational needs;
b
a claim of disability discrimination in the education of a child;
c
an application or an appeal against a decision or determination related to work with children or vulnerable adults;
d
an appeal against a decision related to registration in respect of the provision of health or social care;
e
an application in respect of, or an appeal against a decision related to, the provision of health care or health services;
f
an appeal against a decision related to registration in respect of social workers and social care workers;
g
an appeal against a decision related to the provision of childcare;
h
an appeal against a decision related to an independent school or other independent educational institution;
i
applications and references by and in respect of patients under the provisions of the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 .
Functions of the Immigration and Asylum Chamber of the First-tier Tribunal
5
To the Immigration and Asylum Chamber of the First-tier Tribunal are allocated all functions related to immigration and asylum matters, with the exception of matters allocated to —
a
the Social Entitlement Chamber by article 6(a) ;
b
the General Regulatory Chamber by article 3(a) .
Functions of the Social Entitlement Chamber
6
To the Social Entitlement Chamber are allocated all functions related to appeals —
a
in cases regarding support for asylum seekers, failed asylum seekers, persons designated under section 130 of the Criminal Justice and Immigration Act 2008 , or the dependants of any such persons;
b
in criminal injuries compensation cases;
c
regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payments, health in pregnancy grant and tax credits, with the exception of —
i
appeals under section 11 of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (appeals against decisions of Her Majesty’s Revenue and Customs);
ii
appeals in respect of employer penalties or employer information penalties (as defined in section 63(11) and (12) of the Tax Credits Act 2002 );
iii
appeals under regulation 28(3) of the Child Trust Funds Regulations 2004 ;
d
regarding saving gateway accounts with the exception of appeals against requirements to account for an amount under regulations made under section 14 of the Saving Gateway Accounts Act 2009 ;
e
regarding child trust funds with the exception of appeals against requirements to account for an amount under regulations made under section 22(4) of the Child Trust Funds Act 2004 in relation to section 13 of that Act;
f
regarding payments in consequence of diffuse mesothelioma;
g
regarding a certificate or waiver decision in relation to NHS charges;
h
regarding entitlement to be credited with earnings or contributions;
i
against a decision as to whether an accident was an industrial accident.
Functions of the Tax Chamber
7
To the Tax Chamber are allocated all functions, except those functions allocated to the Social Entitlement Chamber by article 6 or to the Tax and Chancery Chamber of the Upper Tribunal by article 13 , related to an appeal, application, reference or other proceeding in respect of —
a
a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs;
b
the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 );
c
the exercise by the Director of Border Revenue of functions under section 7 of the Borders, Citizenship and Revenue Act 2009 ;
d
a function of the Compliance Officer for the Independent Parliamentary Standards Authority.
Functions of the War Pensions and Armed Forces Compensation Chamber
8
To the War Pensions and Armed Forces Compensation Chamber are allocated all functions related to appeals under the War Pensions (Administrative Provisions) Act 1919 and the Pensions Appeal Tribunals Act 1943 .
Upper Tribunal Chambers
9
The Upper Tribunal shall be organised into the following chambers —
a
the Administrative Appeals Chamber;
b
the Immigration and Asylum Chamber of the Upper Tribunal;
c
the Lands Chamber;
d
the Tax and Chancery Chamber.
Functions of the Administrative Appeals Chamber
10
To the Administrative Appeals Chamber are allocated all functions related to —
a
an appeal —
i
against a decision made by the First-tier Tribunal, except an appeal allocated to the Tax and Chancery Chamber by article 13(a) or the Immigration and Asylum Chamber of the Upper Tribunal by article 11(a) ;
ii
under section 5 of the Pensions Appeal Tribunals Act 1943 (appeals against assessment of extent of disablement) against a decision of the Pensions Appeal Tribunal in Northern Ireland established under paragraph 1(3) of the Schedule to the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) ;
iii
against a decision of the Pensions Appeal Tribunal in Scotland established under paragraph 1(2) of the Schedule to the Pensions Appeal Tribunals Act 1943;
iv
against a decision of the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983 (Mental Health Review Tribunals);
v
against a decision of the Special Educational Needs Tribunal for Wales;
vi
under section 4 of the Safeguarding Vulnerable Groups Act 2006 (appeals);
vii
transferred to the Upper Tribunal from the First-tier Tribunal under Tribunal Procedure Rules, except an appeal allocated to the Tax and Chancery Chamber by article 13(1)(e);
viii
against a decision of a traffic commissioner;
b
an application, except an application allocated to another chamber by article 11(c), 12(c) or 13(g) , for the Upper Tribunal —
i
to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction);
ii
to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland);
c
a matter referred to the Upper Tribunal by the First-tier Tribunal —
i
under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal), or
ii
under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal,
except where the reference is allocated to another chamber by article 11(b) or 13(f) ;
d
a determination or decision under section 4 of the Forfeiture Act 1982 ;
e
proceedings, or a preliminary issue, transferred under Tribunal Procedure Rules to the Upper Tribunal from the First-tier Tribunal, except those allocated to the Tax and Chancery Chamber by article 13(1)(e).
Functions of the Immigration and Asylum Chamber of the Upper Tribunal
11
To the Immigration and Asylum Chamber of the Upper Tribunal are allocated all functions related to —
a
an appeal against a decision of the First-tier Tribunal made in the Immigration and Asylum Chamber of the First-tier Tribunal;
b
a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules by the Immigration and Asylum Chamber of the First-tier Tribunal;
c
an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which —
i
relates to a decision of the First-tier Tribunal mentioned in paragraph (a); or
ii
is made by a person who claims to be a minor from outside the United Kingdom challenging a defendant’s assessment of that person’s age.
Functions of the Lands Chamber
12
To the Lands Chamber are allocated —
a
all functions related to —
i
compensation and other remedies for measures taken which affect the ownership, value, enjoyment or use of land or water, or of rights over or property in land or water;
ii
appeals from decisions of leasehold valuation tribunals, residential property tribunals, the Valuation Tribunal for England or a valuation tribunal in Wales;
iii
the determination of questions of the value of land or an interest in land arising in tax proceedings;
iv
proceedings in respect of restrictive covenants, blight notices or the obstruction of light;
b
the Upper Tribunal’s function as arbitrator under section 1(5) of the Lands Tribunal Act 1949 ;
c
an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction) which relates to a decision of a tribunal mentioned in sub-paragraph (a)(ii);
d
any other functions transferred to the Upper Tribunal by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 .
Functions of the Tax and Chancery Chamber
13
1
To the Tax and Chancery Chamber are allocated all functions related to —
a
an appeal against a decision of the First-tier Tribunal made —
i
in the Tax Chamber;
ii
in the General Regulatory Chamber in a charities case;
b
a reference or appeal in respect of —
i
a decision of the Financial Services Authority;
ii
a decision of the Bank of England;
iii
a decision of a person related to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 ;
iv
a determination or dispute within the meaning of regulation 14(5) or 15 of the Financial Services and Management Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 ;
c
a reference in respect of a decision of the Pensions Regulator;
d
an application under paragraph 50(1)(d) of Schedule 36 to the Finance Act 2008 ;
e
proceedings, or a preliminary issue, transferred to the Upper Tribunal under Tribunal Procedure Rules —
i
from the Tax Chamber of the First-tier Tribunal;
ii
from the General Regulatory Chamber of the First-tier Tribunal in a charities case;
f
a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 or under Tribunal Procedure Rules relating to non-compliance with a requirement of the First-tier Tribunal —
i
by the Tax Chamber of the First-tier Tribunal;
ii
by the General Regulatory Chamber of the First-tier Tribunal in a charities case;
g
an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which relates to —
i
a decision of the First-tier Tribunal mentioned in paragraph (1)(a)(i) or (ii);
ii
a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, with the exception of any function in respect of which an appeal would be allocated to the Social Entitlement Chamber by article 6 ;
iii
the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 ), with the exception of any function in relation to which an appeal would be allocated to the Social Entitlement Chamber by article 6 ;
iv
a function of the Charity Commission, or one of the bodies mentioned in sub-paragraph (b) or (c) .
2
In this article “a charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, or a reference under Schedule 1D to the Charities Act 1993.
Resolution of doubt or dispute as to chamber
14
If there is any doubt or dispute as to the chamber in which a particular matter is to be dealt with, the Senior President of Tribunals may allocate that matter to the chamber which appears to the Senior President of Tribunals to be most appropriate.
Re-allocation of a case to another chamber
15
At any point in the proceedings, the Chamber President of the chamber to which a case or any issue in that case has been allocated by or under this Order may, with the consent of the corresponding Chamber President, allocate that case or that issue to another chamber within the same tribunal, by giving a direction to that effect.
Signed by the authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
28th October 2010
I concur
Robert Carnwath
Senior President of Tribunals
28th October 2010


text:
1
This Order may be cited as the Consular Fees Order 2010 and comes into force on 6th April 2010.
2
In this Order —
“British overseas territory” means a territory as defined in section 50(1) of the British Nationality Act 1981 and includes the territories listed in Schedule 6 to that Act;
“Commonwealth country” means a country listed in Schedule 3 to the British Nationality Act 1981;
“Crown Dependencies” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
“credit card charges” means the costs incurred in receiving payment by credit card;
“direct costs” means expenses that are incidental to the performance of a service, such as the cost of posting documents to a customer’s home address, but do not include credit card charges;
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a Crown Dependency, a British overseas territory, a Commonwealth country or any other country or territory, as the case may be (but does not include a work permit);
“fast-track service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made;
“fast-track collect service” means an application made in person, either by the applicant or by another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made, and which permits the applicant or another person acting on behalf of the applicant to collect the passport in person;
“premium service” in relation to passport applications means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within twenty-four hours of that application having been made;
“premium service” in relation to legalisation means the same day service for the processing by a London legalisation office dedicated for companies, solicitors and notaries of applications made in person;
“standard service” in relation to legalisation means the 24 hour service for the processing by the main legalisation office, whether situated in London or Milton Keynes, or by consular officers at consular posts, of applications made in person and the processing of postal applications within a reasonable time period.
3
The fees set forth in the table in Schedule 1 to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties.
4
The statutory instruments listed in Schedule 2 to this Order are revoked by this Order.
Judith Simpson
Clerk of the Privy Council