text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Plant Health (Import Inspection Fees) (England) Regulations 2010;
b
apply in relation to England; and
c
come into force on 1st December 2010.
Interpretation
2
1
In these Regulations —
“daytime working hours” means any time between the hours of 8.30 am to 5.00 pm on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England; and
“the Directive” means Council Directive 2000/29/ EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community .
2
Terms used in these Regulations which are also used in the Directive have the same meaning as they have in the Directive.
Consignments to which these Regulations apply
3
These Regulations apply in relation to consignments of —
a
plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Annex V, Part B of the Directive, and
b
seeds of Solanaceae whether or not listed in Annex V, Part B of the Directive,
that are introduced into England from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the Plant Health (England) Order 2005 .
Fees
4
1
An importer must pay to the Secretary of State upon import of a consignment to which these Regulations apply —
a
the fee specified —
i
in column 3 of Schedule 1 in respect of a consignment of a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of a plant or plant product to which sub-paragraph (a)(ii) applies; or
ii
in column 4 of Schedule 2 in respect of a consignment of a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and
b
the fees specified in column 3 of Schedule 3 for a documentary check and an identity check.
2
But where, at the request of an importer or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (1)(a) in respect of that consignment is —
a
the fee specified in column 4 of Schedule 1 if the consignment is a consignment to which paragraph (1)(a)(i) applies; or
b
the fee specified in column 5 of Schedule 2 if the consignment is a consignment to which paragraph (1)(a)(ii) applies.
Revocations
5
The following Regulations are revoked —
a
the Plant Health (Import Inspection Fees) (England) Regulations 2006 ;
b
the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2007 ;
c
the Plant Health (Import Inspection Fees) (England) (Amendment) (No 2) Regulations 2007 ;
d
the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2008 ;
e
the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2009 .
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd October 2010
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2010 and shall come into force on —
a
6th April 2010 for the purposes of regulation 5; and
b
12th April 2010 for all other purposes.
2
In these Regulations, “the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply in relation to England.
Increase in sum needed for personal requirements
2
In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for “£21.90” substitute “£22.30”.
Increase in capital limits
3
1
The Assessment Regulations are amended in accordance with the following paragraphs.
2
In regulation 20 (capital limit), for “£23,000” substitute “£23,250”.
3
In regulation 28 (calculation of tariff income from capital), in paragraph (1) —
a
for “£14,000”, in both places where it occurs, substitute “£14,250”; and
b
for “£23,000” substitute “£23,250”.
Increase in amount of savings credit to be disregarded
4
In Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings), in paragraph 28H —
a
in sub-paragraphs (1) and (2), for “£5.65”, in each place where it occurs, substitute “£5.75”; and
b
in sub-paragraphs (3) and (4), for “£8.45” in each place where it occurs, substitute “£8.60”.
Other amendments to the Assessment Regulations
5
1
The Assessment Regulations are further amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation) after “prospective resident” insert —
“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002 ;
“relative” has the same meaning as in the Income Support Regulations;
.
3
In Schedule 2 (sums to be disregarded in the calculation of earnings), in sub-paragraph (2) of paragraph 3 —
a
in paragraph (b), for “the age of 60” substitute “the qualifying age”; and
b
in paragraph (c), for “the age of 60”, in each place where it occurs, substitute “the qualifying age”.
4
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in sub-paragraph (6) of paragraph 28H, omit paragraph (b).
5
In Schedule 4 (capital to be disregarded), in paragraph 2 , for sub-paragraphs (1) and (2) substitute —
1
The value of any premises —
a
which would be disregarded under paragraph 2 or 4(b) of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner); or
b
occupied in whole or in part as their home by the resident’s —
i
partner,
ii
other family member or relative who is aged 60 or over or is incapacitated, or
iii
child.
.
Signed by authority of the Secretary of State for Health
Phil Hope
Minister of State,
Department of Health
3rd February 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 and subject to paragraphs (2) to (4) come into force on 6th April 2010.
2
This regulation comes into force on 1st April 2010.
3
The following provisions come into force on 5th April 2010 in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, and in any other case on 1st April 2010 —
a
regulation 8(1) to (3), (5) to (8) and (10) to (12),
b
regulation 9(1) to (3) and (5),
c
regulation 10(1) to (3), (5) to (8) and (10) to (12), and
d
regulation 11(1) to (3) and (5).
4
The following provisions come into force on 13th April 2010 —
a
regulation 2(9),
b
regulation 4(11), and
c
regulation 6(4) and (5).
Amendments to the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person” ,
b
regulation 42(4ZA)(a) (notional income),
c
regulation 48(10)(c) (income treated as capital),
d
regulation 51(3A)(a) (notional capital),
e
Schedule 3 (housing costs), paragraph 18(8)(b) ,
f
Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2) and 39(1) and (7) , and
g
Schedule 10 (capital to be disregarded), paragraph 22(1) and (7) ,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert —
and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work
.
5
In regulation 13(2)(dd) (circumstances in which persons in relevant education are to be entitled to income support) after “and families)” insert “or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc )”.
6
In regulation 42 in —
a
paragraph (2)(g) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”,
b
paragraph (2ZA) for “age of 60”, substitute “qualifying age for state pension credit”,
c
paragraph (2A) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
7
In —
a
regulation 42(4ZA)(a),
b
regulation 48(10)(c),
c
regulation 51(3A)(a),
d
Schedule 3, paragraph 18(8)(b),
e
Schedule 9, paragraph 39(1) to (5), and
f
Schedule 10, paragraphs 22(1) to (5) and 29 ,
after “under” insert “or by”.
8
In regulation 51(2)(da) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
9
In Schedule 2 (applicable amounts), paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i) , after “regulation 4ZA” insert “or income-related employment and support allowance”.
10
In Schedule 9, paragraph 58 and Schedule 10, paragraph 67 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.
11
In Schedule 10, paragraph 29 after “the Fund” insert “, MFET Limited”.
Amendments to the Social Security (Claims and Payments) Regulations 1987
3
In the Social Security (Claims and Payments) Regulations 1987 in regulation 7(4) (evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age”.
Amendments to the Jobseeker’s Allowance Regulations 1996
4
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) —
a
at the appropriate place insert the following definition —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
;
b
in the definition of “full-time student” —
i
in each place where it occurs, for “undertaking” substitute “attending or undertaking”, and
ii
in paragraph (b)(i) after “attending” insert “or undertaking”.
3
In —
a
regulation 1(3) in the definition of “qualifying person” ,
b
regulation 105(10A)(a) (notional income),
c
regulation 110(10)(c) (income treated as capital),
d
regulation 113(3A)(a) (notional capital),
e
Schedule 2 (housing costs) in paragraph 17(8)(b) ,
f
Schedule 7 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2) , and
g
Schedule 8 (capital to be disregarded), paragraphs 27(1) and 31,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 3E(2)(i) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “seven weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “twenty eight weeks after the date on which the pregnancy ends”.
5
In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert —
and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work
.
6
In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (14) below, omit —
a
“Paragraph 10 (disabled students)”,
b
“Paragraph 12”, and
c
“Paragraph 13 (blind persons)”.
7
In regulation 105 in —
a
paragraph (2)(g) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”;
b
paragraph (2B) for “age of 60”, substitute “qualifying age for state pension credit”;
c
paragraph (3) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
8
In —
a
regulation 105(10A)(a),
b
regulation 110(10)(c),
c
regulation 113(3A)(a),
d
Schedule 2, paragraph 17(8)(b),
e
Schedule 7, paragraph 41(1) to (5) , and
f
Schedule 8, paragraphs 27(1) to (5) and 31,
after “under” insert “or by”.
9
In regulation 113(2)(da) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
10
In regulation 130 (interpretation) at the appropriate place insert —
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
.
11
For regulation 146G(1) (applicable amount in hardship cases for joint-claim couples), substitute —
1
The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to —
a
20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is —
i
either pregnant or seriously ill, or
ii
a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or
b
40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.
12
In Schedule 7, paragraph 41 —
a
in sub-paragraph (1), after “(“the Trusts”)”, and
b
in sub-paragraph (7) , after “Skipton Fund”,
insert “, MFET Limited”.
13
In Schedule 7, paragraph 56 and Schedule 8, paragraph 60 , after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.
14
The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations 2009 .
Amendment to the Social Security (Recovery of Benefits) Regulations 1997
5
In the Social Security (Recovery of Benefits) Regulations 1997 in regulation 2(2) (exempted trusts and payments) after sub-paragraph (k) add,
l
any payment made by MFET Limited, a company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products .
.
Amendments to the State Pension Credit Regulations 2002
6
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 1(2) (interpretation) at the appropriate places insert the following definitions —
“foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;
;
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
.
3
In —
a
regulation 1(2) in the definition of “qualifying person” ,
b
Schedule II (housing costs) in paragraph 14(8)(b) , and
c
Schedule V (income from capital) in paragraph 15(1) and (7) ,
after “the Eileen Trust” insert “, MFET Limited”.
4
The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add —
2
For the purposes of section 7(6) (meaning of retirement provision) of the Act, a foreign state retirement pension is to be treated as a benefit under the 1992 Act.
.
5
For regulation 15(2) (income for the purposes of the Act), substitute —
2
For the purposes of section 15(1)(f) (foreign social security benefits) of the Act, income includes —
a
all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and
b
any foreign state retirement pension.
.
6
In regulation 18(2) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age”.
7
In Schedule V, paragraph 15(1) to (5) after “under” insert “or by”.
Amendment to the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
7
In the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 in regulation 10 (deductions from an award of a funeral payment) —
a
in paragraph (2) —
i
after “under” insert “or by”;
ii
omit “or” at the end of sub-paragraph (g);
iii
after sub-paragraph (h) add —
or
i
MFET Limited,
;
b
in paragraph (3) after “Eileen Trust” insert “, MFET Limited”.
Amendments to the Housing Benefit Regulations 2006
8
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following definitions —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
;
“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 42(7)(a) (notional income),
c
regulation 46(6) (income treated as capital),
d
regulation 49(4)(a) (notional capital),
e
regulation 74(9)(b) (non-dependant deductions),
f
regulation 86(4)(a)(ii) (evidence and information),
g
Schedule 5 (sums to be disregarded in the calculation of income other than earnings), paragraph 35(1) and (7) , and
h
Schedule 6 (capital to be disregarded), paragraph 24(1) and (7),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 42(2)(c) for “is aged under 60”, substitute “has not attained the qualifying age for state pension credit”.
5
In —
a
regulation 42(7)(a),
b
regulation 46(6),
c
regulation 49(4)(a),
d
regulation 74(9)(b),
e
regulation 86(4)(a)(ii),
f
Schedule 5, paragraph 35(1) to (5), and
g
Schedule 6, paragraphs 24(1) to (5) and 34 ,
after “under” insert “or by”.
6
In regulation 46(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.
7
In regulation 56(2A) (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.
8
In regulation 74(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.
9
In regulation 86(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
10
In Schedule 5 —
a
in paragraph 13(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”, and
b
in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.
11
In Schedule 5, paragraph 57 and Schedule 6, paragraph 58 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.
12
In Schedule 6, paragraph 34 after “the Fund” insert “, MFET Limited”.
Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 55(10)(b) (non-dependant deductions),
c
regulation 67(4)(a)(ii) (evidence and information), and
d
Schedule 6 (capital to be disregarded), paragraph 16(1)(a),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 41(4) (notional income) for “aged not less than 60”, substitute “who has attained the qualifying age for state pension credit”.
5
In —
a
regulation 55(10)(b),
b
regulation 67(4)(a)(ii), and
c
Schedule 6, paragraph 16(1) to (5),
after “under” insert “or by”.
6
In regulation 67(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
Amendments to the Council Tax Benefit Regulations 2006
10
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate places insert the following definitions —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products ;
;
“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 32(7)(a) (notional income),
c
regulation 36(6) (income treated as capital),
d
regulation 39(4)(a) (notional capital),
e
regulation 58(9)(b) (non-dependant deductions),
f
regulation 72(4)(a)(ii) (evidence and information),
g
Schedule 2 (amount of alternative maximum council tax benefit), paragraph 2(b) ,
h
Schedule 4 (sums to be disregarded in the calculation of income other than earnings), paragraph 36(1) and (7), and
i
Schedule 5 (capital to be disregarded), paragraph 24(1) and (7),
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 32(2)(c) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
5
In —
a
regulation 32(7)(a),
b
regulation 36(6),
c
regulation 39(4)(a),
d
regulation 58(9)(b),
e
regulation 72(4)(a)(ii),
f
Schedule 2, paragraph 2(b),
g
Schedule 4, paragraph 36(1) to (5), and
h
Schedule 5, paragraphs 24(1) to (5) and 34 ,
after “under” insert “or by”.
6
In regulation 36(7) omit “(as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations)”.
7
In regulation 45(3A) (students who are excluded from entitlement to council tax benefit) after “begun” insert “, or been enrolled or accepted onto”.
8
In regulation 58(6)(a) for “of the higher pensioner and disability premiums)”, substitute “for the disability premium)”.
9
In regulation 72(5) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
10
In Schedule 4 —
a
in paragraph 14(1)(a) for “or severe disablement allowance”, substitute “, severe disablement allowance or an employment and support allowance”;
b
in paragraph 58(2) omit “as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations”.
11
In Schedule 4, paragraph 57 and Schedule 5, paragraph 60 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.
12
In Schedule 5, paragraph 34 after “the Fund” insert “, MFET Limited”.
Amendments to the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
11
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 42(9)(b) (non-dependant deductions),
c
regulation 57(4)(a) (evidence and information),
d
Schedule 4 (capital disregards), paragraph 16(1)(a), and
e
Schedule 6 (amount of alternative maximum council tax benefit), paragraph 2(b) ,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 31(4) (notional income), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
5
In —
a
regulation 42(9)(b),
b
regulation 57(4)(a),
c
Schedule 4 in paragraph 16(1) to (5), and
d
Schedule 6 in paragraph 2(b),
after “under” insert “or by”.
6
In regulation 57(5) (evidence and information) for “is aged not less than 60”, substitute “has attained the qualifying age for state pension credit”.
Amendments to the Employment and Support Allowance Regulations 2008
12
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 2(1) (interpretation) at the appropriate place insert the following definition —
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
.
3
In —
a
regulation 2(1) in the definition of “qualifying person”,
b
regulation 107(5)(a) (notional income - income due to be paid or income paid to or in respect of a third party),
c
regulation 112(8) (income treated as capital),
d
regulation 115(5)(a) (notional capital),
e
Schedule 6 (housing costs), paragraph 19(8)(b) ,
f
Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2) and 41(1) and (7) , and
g
Schedule 9 (capital to be disregarded), paragraphs 27(1) and (7) and 31 ,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 106 (notional income – deprivation and income on application) —
a
in paragraph (2)(g), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”,
b
in paragraph (3), for “age of 60” substitute “qualifying age for state pension credit”, and
c
in paragraph (4), for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
5
In —
a
regulation 107(5)(a),
b
regulation 112(8),
c
regulation 115(5)(a),
d
Schedule 6, paragraph 19(8)(b),
e
Schedule 8, paragraph 41(1) to (5), and
f
Schedule 9, paragraph 27(1) to (5),
after “under” insert “or by”.
6
In regulation 115(2)(e), for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
7
In Schedule 8, paragraph 53 and Schedule 9, paragraph 56 after “1968” insert “, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) ”.
Amendment to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008
13
In the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 in regulation 7(2) (exempted trusts and payments), after sub-paragraph (h) add —
i
any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.
.
Signed by the authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary-Under Secretary of State
Department for Work and Pensions
7th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Planning (Hazardous Substances) (Amendment) (England) Regulations 2010 and shall come into force on 28th April 2010.
2
These Regulations apply in relation to England only.
Amendment of the Planning (Hazardous Substances) Regulations 1992
2
1
Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 is amended as follows.
2
In the table in Part A (named substances) omit the entry in column 3 for the item “1. Ammonium nitrate to which Note 1 of the notes to this Part applies”.
3
In Note 1 in the Notes to Part B, for “Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 ”.
Transitional exemptions
3
1
No offence is committed under section 23 of the Planning (Hazardous Substances) Act 1990 before 28th October 2010 and no hazardous substances contravention notice may be issued before that date in relation to a hazardous substance which is on, over or under any land, if —
a
the substance was present on, over or under the land at any time within the period of 12 months ending on 28th April 2010 and was not a substance or quantity of substance for which hazardous substances consent was required before that date; and
b
the substance is not present during the period beginning on 28th April 2010 and ending on 27th October 2010 in a quantity greater in aggregate than the established quantity.
2
In paragraph (1) “the established quantity”, in relation to any land, means the maximum quantity which was present on, over or under the land at any one time within the period of 12 months ending on 28th April 2010.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
29th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Ireland Assembly (Elections) (Amendment) Order 2010.
2
This Order comes into force on the day after the day on which it is made.
3
In this Order —
“ 1983 Act ” means the Representation of the People Act 1983 ;
“ 2001 Order ” means the Northern Ireland Assembly (Elections) Order 2001 ; and
“ 2008 Regulations ” means the Representation of the People (Northern Ireland) Regulations 2008 .
4
In this Order a reference to a “rule” is a reference to the Parliamentary elections rules or the relevant Parliamentary election rule contained in Schedule 1 to the 1983 Act .
Unfilled seats at an election
2
After article 7 of the 2001 Order (by-elections) insert —
Unfilled seats at an election
8
1
If at an Assembly election no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held, the Chief Electoral Officer must order an election to fill any vacancy which remains unfilled.
2
The day appointed for the poll shall be the first Thursday after the expiry of 30 days beginning with the day fixed as the day of the election mentioned in paragraph (1).
3
In computing the period of time mentioned in paragraph (2), any day which is a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday is to be disregarded.
4
In paragraph (3) “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.
.
Amendment of Schedule 1 to the 2001 Order
3
1
Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections) is amended as follows.
2
After the entry in respect of section 66A of the 1983 Act (prohibition on publication of exit polls) insert —
Section 66B (failure to comply with conditions relating to the supply etc of certain documents)
.
3
In the right-hand column of the Schedule, alongside the entry in respect of rule 5 of the rules (notice of election) insert —
At the end of the rule, insert the following paragraph —
4
The notice of election must state the address to which the applications mentioned in paragraph (2) must be sent.
.
4
In the right-hand column of the Schedule, after the entry in respect of rule 8 (consent to nomination) insert —
After rule 8 insert the following rule —
Use of mark in place of signature
8A
1
Where a person (“P”) is required to sign his or her name under rules 6, 7 or 8 but is unable to do so because of blindness or any other disability or because he or she is unable to read, P may instead place a mark in place of any signature.
2
The mark mentioned in paragraph (1) must be witnessed by one person who must include his or her signature and address.
.
5
In the right-hand column of the Schedule, alongside the entry in respect of rule 14A (correction of minor errors) insert —
In paragraph (2), after sub-paragraph (b) insert —
ba
obvious errors of spelling in relation to the description of a registered political party (including a joint description) authorised as mentioned in rule 6A ;
.
6
In the right-hand column of the Schedule, alongside the entry in respect of rule 19 (the ballot papers), after the paragraph beginning “For paragraph (2A) substitute” insert the following paragraphs —
After paragraph (2B) insert —
2C
If, on behalf of a candidate who is the subject of two or more parties’ authorisations under rule 6A(1B) the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate’s particulars, the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).
2D
The request mentioned in paragraph (2C) must be —
a
made in writing by the nominating officers of the parties jointly to the returning officer, and
b
received by the returning officer before the last time for the delivery of nomination papers.
After paragraph (4) insert —
5
In this rule “registered nominating officer” means the person registered as a party’s nominating officer under the Political Parties, Elections and Referendums Act 2000 or a person authorised by the nominating officer to act on his or her behalf.
.
7
In the right-hand column of the Schedule, alongside the entry in respect of rule 28 (issue of official poll cards) insert —
After paragraph (1A) insert —
1B
An official poll card need not be sent to any person —
a
as an elector if he or she is placed on the absent voters list for the election; or
b
as a proxy if he or she is entitled to vote by post as proxy at the election.
.
8
In the right-hand column of the Schedule, alongside the entry in respect of rule 29 (equipment of polling stations) —
a
before the paragraph beginning “In paragraph (5)” insert —
In paragraph (2) after “unlocked” insert “or, where the box has no lock, the seal being broken”.
; and
b
after the paragraph beginning “In paragraph (5)” insert —
After paragraph (5) insert —
5A
Where proof has been given to the returning officer’s satisfaction of the death of a candidate named in the ballot paper as an independent candidate (within the meaning of rule 60) the returning officer must provide each presiding officer with sufficient number of notices informing the voters that the candidate has died for display in every compartment of every polling station.
.
9
In the right-hand column of the Schedule, alongside the entry in respect of rule 30 (appointment of polling and counting agents) insert —
In paragraph (3), for the word “second” substitute “fifth”.
.
10
In the right-hand column of the Schedule, alongside the entry in respect of rule 31 (notification of requirement of secrecy) insert —
In paragraph (a) for “blind voter” substitute “voter with disabilities”
.
11
In the right-hand column of the Schedule, alongside the entry in respect of rule 33 (keeping of order in station) insert —
In paragraph (2)(a) omit “in or near that station”
.
12
In the right-hand column of the Schedule, alongside the entry in respect of rule 34 (sealing of ballot papers) insert —
After the words “lock it up” and after the words “so locked” in both places insert “(if it has a lock)”
.
13
In the right-hand column of the Schedule, after the entry in respect of rule 37 (voting procedure) insert —
After rule 37 insert the following rule —
Disclosure of information regarding ballot papers
37A
1
During the taking of the poll the presiding officer and the clerks appointed to attend at the polling station may not disclose how many ballot papers have been issued to voters; but this is subject to paragraph (2).
2
The presiding officer may disclose that information to —
a
the returning officer, or
b
any other person in accordance with directions given by the returning officer.
3
Any direction under paragraph (2)(b) must be given before the commencement of the poll.
.
.
14
In the right-hand column of the Schedule, alongside the entry in respect of rule 43 (procedure on close of poll) insert —
In paragraph (1)(a) after “key” insert “(if it has a lock)”
.
15
In the right-hand column of the Schedule, in the entry in respect of rule 44C(1) —
a
in sub-paragraph (a) omit “and other unique identifying mark”; and
b
in sub-paragraph (d) after “printed number” insert “and other unique identifying mark”.
16
After the entry in respect of rule 53 (return or forfeiture of candidate’s deposit) insert —
Rule 53A (destruction of home address forms)
.
17
In the right-hand column of the Schedule, alongside the entry in respect of rule 60 (independent candidate) for the words “Omit paragraph 4.” substitute —
For paragraph (4) substitute —
4
If the number of persons shown as standing nominated in the statement of persons nominated is less than or equal to the number of persons to be elected the returning officer must —
a
if polling has not begun, countermand notice of the poll;
b
if polling has begun, direct that the poll is abandoned;
c
subject to rule 65, treat the election as an uncontested election.
.
18
In the right-hand column of the Schedule, alongside the entry in respect of rule 61 (deceased independent candidate wins) after the entry beginning “In paragraph (1)” insert —
For paragraph (2) substitute —
2
Rule 50 (declaration of result) does not apply but the returning officer must —
a
declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),
b
declare that no candidate is elected, and
c
give public notice of —
i
the number of first preference votes given for each candidate,
ii
any transfer of votes,
iii
the total number of votes for each candidate at each stage of the count at which such transfer took place,
iv
the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and
v
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 44C(3).
.
19
Omit the entry in respect of rule 62 (deceased independent candidate with equality of votes).
20
In the right-hand column of the Schedule, alongside the entry in respect of rule 65 (abandoned poll) omit “omit sub-paragraph (a), and”.
Amendment of Schedule 2 to the 2001 Order
4
1
Schedule 2 to the 2001 Order (application with modifications of provisions of subordinate legislation relating to elections) is amended as follows.
2
After the entry for regulation 55 of the 2008 Regulations (general requirements for an absent vote) insert —
Regulation 55A (additional requirement for applications for ballot papers to be sent to a different address to that in register) Omit paragraphs (1)(a) and 1(c). Regulation 55B (additional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under section 6(3) or section 9(6) of the 1985 Act) In sub-paragraph (a) for the words “the record kept under section 6(3) of that Act” substitute “the record kept under paragraph 1(3) of Part 1 of Schedule 2 to the 1985 Order ”. In sub-paragraph (b) for the words “section 9(6) of that Act” substitute “paragraph 4(5) of Part 1 of Schedule 2 to the 1985 Order”.
3
Amend the right-hand column of the Schedule alongside the entry in respect of regulation 59 of the 2008 Regulations (additional requirements for applications in respect of a particular election) as follows —
a
after the entry beginning “In paragraphs (4)(b)” insert —
For sub-paragraph (c) of paragraph (5) substitute —
c
that he or she is treating the applicant in connection with the illness specified in paragraph (4) or that the applicant is receiving care from him or her in respect of that illness;
In paragraph (7) —
a
for sub-paragraph (c) substitute —
c
that he or she is treating the applicant in connection with the circumstances set out in the application in accordance with paragraph (1) or that the applicant is receiving care from him or her in respect of those circumstances;
;
b
in sub-paragraph (d)(i) after “illness” insert “or other health related matter”; and
c
for sub-paragraph (d)(iii) substitute —
iii
that in those circumstances he or she cannot reasonably be expected to vote in person at his or her allotted polling station;
; and
b
after the entry beginning “In paragraph (8)(b)” insert —
In paragraph (8)(d) omit “chief”.
.
4
In the right-hand column of the Schedule, alongside the entry in respect of regulation 68 of the 2008 Regulations (certificate of employment) insert —
In paragraph (2) omit “chief”.
.
5
In the right-hand column of the Schedule, alongside the entry in respect of regulation 83 of the 2008 Regulations (postal ballot box and receptacles) insert —
In paragraph (4) after “postal ballot box” insert “(if it has a lock)”.
.
6
In the right-hand column of the Schedule, alongside the entry in respect of form F in Schedule 3 to the 2008 Regulations (certificate of employment) insert —
After “police officer” omit “chief”.
.
Hugo Swire
Minister of State
Northern Ireland Office
1st December 2010


text:
Their Lordships, having taken these Rules into consideration, are pleased to and do approve them.
This Order may be cited as the General Pharmaceutical Council (Registration Rules) Order of Council 2010 and comes into force on 27th September 2010.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2010 and comes into force on 13th April 2010.
2
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 is amended as follows.
3
In article 2 (interpretation: general), in paragraph (1) after the definition of “deposit” insert —
“direct financial benefit” includes any commission, discount, remuneration or reduction in premium;
.
4
In article 72 (pension products offered by employers) —
a
in paragraph (2) —
i
for sub-paragraph (b) substitute —
b
the employer has not received, and will not receive, any direct financial benefit as a result of making the communication;
;
ii
at the end of sub-paragraph (c) after “that employee” insert “or the basis on which the contribution will be calculated”;
b
omit paragraph (3).
5
After article 72 insert —
Pension product offers communicated to employees by third parties
72A
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made to an employee by or on behalf of a person (“A”) in relation to a group personal pension scheme or a stakeholder pension scheme.
2
The requirements of this paragraph are that —
a
the employer and A have entered into a written contract specifying the terms on which the communication may be made;
b
in the case of a communication made by a person (“B”) on behalf of A, A and B have also entered into a written contract specifying the terms on which the communication may be made;
c
the employer has not received, and will not receive, any direct financial benefit as a result of the communication being made;
d
the employer will make a contribution to the scheme in the event of the employee becoming a member of the scheme and the communication contains a statement informing the employee of this;
e
in the case of a non-real time communication, the communication contains, or is accompanied by, a statement informing the employee of their right to seek advice from an authorised person or an appointed representative; and
f
the employer or A notifies the employee in writing prior to the employee becoming a member of the scheme of —
i
the amount of the contribution that the employer will make to the scheme in respect of that employee, or the basis on which the contribution will be calculated; and
ii
any remuneration A or B has received, or will receive, as a consequence of the employee becoming a member of the scheme, or the basis on which any such remuneration will be calculated.
3
In this article “group personal pension scheme” and “stakeholder pension scheme” have the meaning given by article 72(4).
Insurance product offers communicated to employees by employers
72B
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made by an employer to an employee in relation to work-related insurance.
2
The requirements of this paragraph are that —
a
where the provider of the insurance is not the employer, the employer has not received, and will not receive, any direct financial benefit as a result of making the communication; and
b
in the case of a non-real time communication, the communication contains, or is accompanied by, a statement informing the employee of their right to seek advice from an authorised person or an appointed representative.
3
In this article “work-related insurance” includes —
a
life assurance;
b
long term disability insurance (also known as permanent health insurance); and
c
accidental death, injury, critical illness, medical, dental, income protection or travel insurance.
Insurance product offers communicated to employees by third parties
72C
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made to an employee by or on behalf of a person (“A”) in relation to work-related insurance.
2
The requirements of this paragraph are that —
a
the employer and A have entered into a written contract specifying the terms on which the communication may be made;
b
in the case of a communication made by a person (“B”) on behalf of A, A and B have also entered into a written contract specifying the terms on which the communication may be made;
c
the employer has not received, and will not receive, any direct financial benefit as a result of the communication being made;
d
in the case of a non-real time communication, the communication contains, or is accompanied by, a statement informing the employee of their right to seek advice from an authorised person or an appointed representative; and
e
the employer or A notifies the employee in writing prior to the employee entering into a contract for the work-related insurance of any remuneration A or B has received, or will receive, as a consequence of the employee entering into the contract, or the basis on which any such remuneration will be calculated.
3
In this article “work-related insurance” has the meaning given by article 72B(3).
Staff mortgage offers communicated to employees by employers
72D
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made by an employer to an employee in relation to a staff mortgage.
2
The requirements of this paragraph are that —
a
where the provider of the staff mortgage is an undertaking in the same group as the employer, the employer has not received, and will not receive, any direct financial benefit as a result of making the communication; and
b
in the case of a non-real time communication, the communication contains or is accompanied by a statement informing the employee of their right to seek advice from an authorised person or an appointed representative.
3
In this article, “staff mortgage” means a regulated mortgage contract between the employer, or an undertaking in the same group as the employer, as lender and the employee (alone or with another person) as borrower to defray money applied for any of the following purposes —
a
acquiring any residential land which was intended, at the time of the acquisition, for occupation by the employee as their home;
b
carrying out repairs or improvements to any residential land which was intended, at the time of taking out the loan, for occupation by the employee as their home; or
c
payments in respect of a loan (whether of interest or capital).
4
In this article, “borrower”, “lender” and “regulated mortgage contract” have the meaning given by article 61(3)(a) (regulated mortgage contracts) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Staff mortgage offers communicated to employees by third parties
72E
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made to an employee by or on behalf of a person (“A”) in relation to a staff mortgage.
2
The requirements of this paragraph are that —
a
the employer and A have entered into a written contract specifying the terms on which the communication may be made;
b
in the case of a communication made by a person (“B”) on behalf of A, A and B have also entered into a written contract specifying the terms on which the communication may be made;
c
where the provider of the staff mortgage is an undertaking in the same group as the employer, the employer has not received, and will not receive, any direct financial benefit as a result of the communication being made;
d
in the case of a non-real time communication, the communication contains, or is accompanied by, a statement informing the employee of their right to seek advice from an authorised person or an appointed representative; and
e
the employer or A notifies the employee in writing prior to the employee entering into the staff mortgage of any remuneration A or B has received, or will receive, as a consequence of the employee entering into the staff mortgage, or the basis on which any such remuneration will be calculated.
3
In this article “staff mortgage” has the same meaning as in article 72D(3).
.
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2010


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2010, Section 23 and Schedule 2 (High Income Excess Relief Charge) (Repeal) Order 2010 and comes into force on the day after the day on which it is made.
Repeal of high income excess relief charge
2
Section 23 of, and Schedule 2 to, the Finance Act 2010 (high income excess relief charge) are repealed.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2010


text:
Application, citation and commencement
1
These Regulations, which apply to England only, may be cited as the Central Rating List (England) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
Amendment of the Central Rating List (England) Regulations 2005
2
1
The Central Rating List (England) Regulations 2005 are amended as follows.
2
In Part 12 of the Schedule (long distance pipe-line hereditaments), in the column headed “Designated Person” —
a
delete “BP Chemicals Limited”;
b
delete “Ineos Chlor Limited”;
c
below the words “the company bearing the name Ineos Manufacturing Scotland Limited on that date” and above the words “Mainline Pipelines Limited”, insert “with effect from 1st April 2008, the company bearing the name Ineos Manufacturing (Hull) Limited on that date”; and
d
below the words inserted by sub-paragraph (c), insert “with effect from 1st April 2009, the company bearing the name Ineos Enterprises Limited on that date”.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th February 2010


text:
Citation
1
This Order may be cited as the Equality Act 2010 (Commencement No.3) Order 2010.
Provisions conferring power to make subordinate legislation etc
2
Section 96(9)(b) of the Equality Act 2010 comes into force on the day after the day on which this Order is made for the purpose of enabling regulations to be made.
Theresa May
Secretary of State for the Home Department
2nd September 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Transfer Values (Disapplication) Regulations 2010 and shall come into force on 5th July 2010.
2
In these Regulations —
“ the Act ” means the Pension Schemes Act 1993;
“incapacity” means physical or mental impairment which renders a member of the Scheme incapable of carrying on any occupation, where–
that member provides evidence to the scheme administrator from a registered medical practitioner that the member is (and will continue to be) suffering from that physical or mental impairment; and
that member certifies that they have in fact ceased to carry on any occupation;
“normal minimum pension age” has the meaning given in section 279(1) of the Finance Act 2004 ;
“the Scheme” means the pension scheme established by the Secretary of State under section 67(1) of the Pensions Act 2008;
“scheme administrator” has the same meaning as in section 270 of the Finance Act 2004;
“the transfer value provisions” means Chapter IV of Part IV (protection for early leavers) and Chapter II of Part IVA (requirements relating to pension credit benefit) of the Act; and
“the Trustee” means the trustee corporation established under section 75 of the Pensions Act 2008.
Disapplication of the transfer value provisions
2
1
Subject to paragraphs (2) and (3), the transfer value provisions do not apply in relation to the Scheme.
2
Paragraph (1) does not apply (and so the transfer value provisions apply in relation to the Scheme) when a member of the scheme reaches normal minimum pension age and notifies the Trustee of their intention to —
a
exercise a right to the entirety of a cash equivalent acquired under section 94(1) of the Act in one of the ways listed in section 95(2) of the Act ; or
b
require the Trustee to use an amount equal to the entirety of the cash equivalent of their pension credit benefit pursuant to section 101F of the Act for one or more of the authorised purposes listed in section 101F(2) of the Act .
3
Paragraph (1) does not apply (and so the transfer value provisions apply in relation to the Scheme) when the Trustee is satisfied that a member is suffering from incapacity.
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:
PART 1 General
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Primary Dental Services, Private Ambulance Services and Primary Medical Services) (Regulated Activities) (Transitory and Transitional Provisions) Order 2010 and shall come into force on 12th November 2010.
2
In this Order —
“2012 relevant applicant” means a person who makes a 2012 transitional application or a supplementary 2012 transitional application under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act in respect of a 2012 relevant regulated activity which is being carried on before 1st April 2012 and which it is intended will be carried on on and after 1st April 2012;
“2012 relevant regulated activity” means an activity that is prescribed as a regulated activity under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 but which, by virtue of the application of the provisions of those Regulations, is only so prescribed with effect from 1st April 2012;
“2012 transitional application” means an application for registration as a service provider or manager in respect of a 2012 relevant regulated activity in relation to any period commencing on 1st April 2012 made to the Commission by a 2012 relevant applicant before 1st April 2012 under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act as modified by this Order;
“the Act” means the Health and Social Care Act 2008;
“application date” means any date specified by the Commission by which a transitional application or 2012 transitional application must be made;
“ NHS primary dental services” means dental services provided as primary dental services in pursuance of Part 5 of the National Health Service Act 2006 , except where those services are provided —
by a Primary Care Trust under section 99(2) (primary dental services) of that Act, or
by an NHS trust or NHS foundation trust;
“NHS primary medical services” means medical services provided as primary medical services —
under arrangements made pursuant to the following sections of the National Health Service Act 2006 —
section 3 (Secretary of State’s duty as to provision of certain services),
section 83(2)(b) (primary medical services), or
section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services); or
under a contract entered into pursuant to section 84 of that Act (general medical services contracts: introductory);
“relevant applicant” means, except in the phrase “2012 relevant applicant”, a person who makes a transitional application or a supplementary transitional application under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act in respect of a relevant regulated activity which is being carried on before 1st April 2011 and which it is intended will be carried on on and after 1st April 2011;
“relevant regulated activity” means, except in the phrase “2012 relevant regulated activity”, an activity that is prescribed as a regulated activity under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 but which, by virtue of the application of the provisions of those Regulations, is only so prescribed with effect from 1st April 2011;
“supplementary transitional application” means an application for registration as a service provider or manager in respect of a relevant regulated activity in relation to any period commencing on 1st April 2011 made to the Commission under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act as modified by this Order between 1st April 2011 and 30th June 2011 by a relevant applicant who has previously made a transitional application in respect of another relevant regulated activity;
“supplementary 2012 transitional application” means an application for registration as a service provider or manager in respect of a 2012 relevant regulated activity in relation to any period commencing on 1st April 2012 made to the Commission under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act as modified by this Order made between 1st April 2012 and 30th June 2012 by a 2012 relevant applicant who has previously made a 2012 transitional application in respect of another 2012 relevant regulated activity;
“transitional application” means, except in the phrase “2012 transitional application”, an application for registration as a service provider or manager in respect of a relevant regulated activity in relation to any period commencing on 1st April 2011 made to the Commission by a relevant applicant before 1st April 2011 under section 11 (applications for registration as a service provider) or section 14 (applications for registration as a manager) of the Act as modified by this Order.
PART 2 Provisions relating to activities which are regulated activities with effect from 1st April 2011
Notification of the need to make an application
2
1
The Commission must give notice of the need to make an application under section 11 of the Act (applications for registration as a service provider) to persons to whom paragraph (2) applies.
2
This paragraph applies to any person —
a
who is carrying on an activity consisting of the provision of NHS primary dental services which will be a regulated activity with effect from 1st April 2011; and
b
whose name is known to the Commission as someone carrying on such an activity.
3
Notification sent pursuant to paragraph (1) must specify —
a
the form in which the application must be made;
b
the information it must contain or be accompanied by;
c
the application date; and
d
that the application under section 11 of the Act must be made to the Commission on or before the application date, in the specified form and contain or be accompanied by the specified information, in order for article 3 to apply.
4
The application date in any notification sent pursuant to paragraph (1) must be a date at least 28 days after the date on which the notification is sent.
5
Where —
a
the Commission gives notice in accordance with paragraph (1) of the need to make an application for registration in accordance with section 11, and
b
any such registration would be subject to a registered manager condition ,
the Commission may, at the same time as giving notice under paragraph (1), give notice to the person to whom that notification is sent of the fact that an application must be made under section 14 of the Act by a person proposing to manage the regulated activity.
6
Notification sent pursuant to paragraph (5) must specify —
a
the form in which the application must be made;
b
the information it must contain or be accompanied by;
c
the application date (which need not be the same as the application date given in accordance with paragraph (3)); and
d
that an application under section 14 of the Act by a person proposing to manage the regulated activity must be made to the Commission on or before the application date given in the notification, in the specified form and contain or be accompanied by the specified information, in order for article 3 to apply.
7
The application date in any notification sent pursuant to paragraph (5) must be a date at least 28 days after the date on which the notification is sent.
Suspension of the offence of carrying on a regulated activity while unregistered
3
1
This article applies where —
a
a person —
i
carries on an activity before 1st April 2011, and
ii
intends to carry on that activity on and after 1st April 2011;
b
that activity is a relevant regulated activity; and
c
an application is made in respect of that activity under —
i
section 11 of the Act (applications for registration as a service provider), or
ii
section 14 of the Act (applications for registration as a manager), where that activity will be subject to a registered manager condition.
2
Where —
a
a person who is notified pursuant to article 2(1) makes an application to which this article applies to the Commission in respect of a relevant regulated activity on or before the application date, and that application is made in such form, and contains or is accompanied by such information, as the Commission specified pursuant to article 2(3); or
b
any person, other than a person specified in sub-paragraph (a), makes an application to which this article applies to the Commission under section 11 of the Act in respect of a relevant regulated activity on or before 31st December 2010, and that application is made in such form, and contains or is accompanied by such information, as the Commission may require,
section 10(1) of the Act (offence of carrying on a regulated activity while unregistered) does not apply to the applicant in respect of that activity for the period (if any) calculated in accordance with paragraph (3).
3
The period referred to in paragraph (2) during which the offence under section 10(1) of the Act does not apply is calculated as follows —
a
where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision;
b
where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and
c
where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 11, the period during which the offence under section 10(1) does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.
4
Where —
a
a person has been notified pursuant to article 2(1) of the need to make an application under section 11 of the Act and has also been notified pursuant to article 2(5) of the need for an application to be made under section 14 of the Act and
i
that person makes an application which comes within paragraph (2)(a), and
ii
on or before the application date specified in accordance with article 2(6) an application to which this article applies is made under section 14 by a person who is proposing to manage the regulated activity; or
b
any person, other than a person in sub-paragraph (a), makes an application which comes within paragraph (2)(b) and on or before 31st December 2010 an application to which this article applies is made under section 14 by a person who is proposing to manage the regulated activity,
and in either case the Commission decides to grant registration in respect of the carrying on of the regulated activity subject to a registered manager condition, section 33 of the Act (offence of failure to comply with conditions) does not apply to the person who made the application under section 11 of the Act coming within sub-paragraph (a)(i) or (b) in respect of a failure to comply with a registered manager condition in relation to that registration for the period (if any) calculated in accordance with paragraph (5).
5
The period referred to in paragraph (4) during which the offence under section 33 of the Act does not apply is calculated as follows —
a
where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision;
b
where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and
c
where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.
6
Where —
a
a person —
i
makes an application which comes within paragraph (2)(a) and that person was not notified pursuant to article 2(5) of the need to make an application under section 14 of the Act, or
ii
makes an application which comes within paragraph (2)(b);
b
no application is received by the Commission under section 14 of the Act by a person who is proposing to manage the regulated activity by —
i
in the case of an application which comes within sub-paragraph (a)(i), the application date, and
ii
in the case of an application which comes within sub-paragraph (a)(ii), 31st December 2010;
c
the Commission decides to grant registration in respect of the carrying on of a relevant regulated activity; and
d
that registration is subject to a registered manager condition,
the Commission must include in its notification of decision to grant registration a further application date, which must be a date at least 28 days after the date upon which notification of its decision to grant registration is sent.
7
Where —
a
a person is notified of the Commission’s decision to grant registration subject to a registered manager condition;
b
that notification includes a further application date pursuant to paragraph (6), and
c
an application to which this article applies is made to the Commission under section 14 of the Act on or before the further application date by a person who is proposing to manage the relevant regulated activity,
section 33 of the Act (offence of failure to comply with conditions) does not apply to the person who made the application under section 11 of the Act coming within paragraph (6)(a)(i) or (ii) in respect of a failure to comply with a registered manager condition in relation to that registration for the period (if any) calculated in accordance with paragraph (8).
8
The period referred to in paragraph (7) during which the offence under section 33 of the Act does not apply is calculated as follows —
a
where the Commission serves notice of decision under section 28(1) of the Act (notice of decisions) in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision;
b
where the Commission serves notice of decision under article 5(3), in accordance with the modified procedure set out in that article, in respect of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of service by the Commission of that notice of decision; and
c
where the Commission serves notice of decision under section 28(3) of the Act, in accordance with the modified provisions set out in article 6, which relates to refusal of the application under section 14, the period during which the offence under section 33 does not apply is the period (if any) beginning on 1st April 2011 and ending on the date of coming into effect of that notice of decision.
Transitional provisions relating to the grant or refusal of registration
4
1
Sections 12 and 15 of the Act (grant or refusal of registration as a service provider or manager) apply to any transitional application as if modified as set out in paragraph (2).
2
For subsections (2) and (3) of sections 12 and 15 of the Act substitute―
2
If the Commission is satisfied that the requirements of regulations under section 20 are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application either unconditionally or subject to such conditions as it thinks fit.
3
If the Commission is not so satisfied then it must―
a
grant the application subject to such conditions as it thinks fit; or
b
refuse the application.
3A
The conditions referred to in subsections (2), (3) and (5)(b) may relate to the requirements of any other enactment which appears to the Commission to be relevant.
.
3
Paragraph (4) applies to a transitional application which is made―
a
where the Commission has given notification under article 2 —
i
on or before the application date, and
ii
in such form, and containing or accompanied by such information, as the Commission specified pursuant to that article; or
b
in any other case —
i
on or before 31st December 2010, and
ii
in such form, and containing or accompanied by such information, as the Commission may require.
4
Where this paragraph applies―
a
if registration is to be granted unconditionally, or subject only to conditions agreed between the Commission and the applicant or the person to be registered as a manager, the Commission must use its best endeavours to give notice of that decision to that applicant or manager before 1st April 2011; and
b
registration, if granted, takes effect from 1st April 2011 or the date upon which the application is granted, whichever is the later.
5
Where registration is granted as a result of a transitional application―
a
section 12 of the Act applies as if, in addition to the modifications in paragraph (2), for subsection (4) there were substituted―
4
Where the application is granted, the Commission must issue a certificate of registration to the applicant before 30th June 2011.
; and
b
section 15 of the Act applies as if, in addition to the modifications in paragraph (2), for subsection (4) there were substituted―
4
Where the application is granted, the Commission must issue a certificate of registration to the registered manager before 30th June 2011.
.
Transitional provisions relating to registration subject to conditions
5
1
Paragraph (2) applies where, pursuant to section 12 or 15 of the Act (grant or refusal of registration as a service provider or manager) as modified by article 4, the Commission decides to grant a transitional application subject to any condition, other than a registered manager condition required by section 13(1) of the Act, which has not been agreed in writing between it and―
a
the applicant, where the condition is to be imposed on the applicant; or
b
the person to be registered as a manager, where the condition is to be imposed on that person.
2
Where this paragraph applies―
a
sections 26(2) (notice of proposals) and 28(3), (4), (6) and (7) (notice of decisions) of the Act do not apply; and
b
the Commission must follow the procedure set out in the following paragraphs.
3
The Commission must give the applicant or person to be registered as a manager notice in writing of its decision under paragraph (1) and of the conditions to which the registration is to be made subject.
4
A notice under paragraph (3) must―
a
give the Commission’s reasons for its decision; and
b
state that within 28 days of service of the notice, the person on whom it was served may make written representations to the Commission concerning any matter which that person wishes to dispute.
5
In the case of any application which is made —
a
where the Commission has given notification under article 2 —
i
on or before the application date, and
ii
in such form, and containing or accompanied by such information, as the Commission specified pursuant to article 2; or
b
in any other case —
i
on or before 31st December 2010, and
ii
in such form, and containing or accompanied by such information, as the Commission may require,
the Commission must use its best endeavours to give the notice referred to in paragraph (3) before 1st April 2011.
6
Within 3 months of receipt of representations from an applicant or a person to be registered as a manager pursuant to paragraph (4)(b), the Commission must give notice in writing―
a
confirming the original decision; or
b
varying or removing any of the conditions.
7
Section 32 of the Act (appeals to the Tribunal) applies to the notice referred to in paragraph (6) as it applies to a decision of the Commission under Chapter 2 of Part 1 of the Act.
8
Notwithstanding the right to make representations under paragraph (4) and the right of appeal to the Tribunal under paragraph (7), any condition set out in a notice under paragraph (3) has effect, unless otherwise specified by the Commission in the notice, from 1st April 2011 or, if later, the date of grant of registration, until such date as―
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
9
Any removal of a condition set out in a notice under paragraph (6) has effect from the date of the notice.
10
Notwithstanding the right of appeal to the Tribunal under paragraph (7), any varied condition set out in a notice under paragraph (6) has effect, unless otherwise specified by the Commission in the notice, from 1st April 2011 or, if later, the date of the notice, until such date as―
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
11
In deciding whether to specify a date from which a condition has effect other than―
a
1st April 2011 or, if later, the date of grant of registration, in a notice under paragraph (3); or
b
1st April 2011 or, if later, the date of the notice, in a notice under paragraph (6) varying any of the conditions,
the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the exposure of any person to the risk of harm.
Transitional provisions relating to refusal of registration
6
1
Where, pursuant to section 12 or 15 of the Act (grant or refusal of registration as a service provider or manager) as modified by article 4, the Commission proposes to refuse a transitional application, and it must therefore give a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration), it must use its best endeavours to give such a notice to the applicant or person to be registered as a manager (as the case may be)―
a
in the case of a transitional application where —
i
the Commission had given notification under article 2, and
ii
the application was made in such form, and containing or accompanied by such information as the Commission specified pursuant to article 2, on or before the application date,
before 1st April 2011;
b
in the case of a transitional application where —
i
the Commission had not given notification under article 2, and
ii
the application was made in such form, and containing or accompanied by such information, as the Commission may require, on or before 31st December 2010,
before 1st April 2011; and
c
in the case of any other transitional application, as soon as reasonably practicable after the decision to propose refusal is made.
2
Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act (notice of decisions) must, in addition to the matter referred to in section 28(4)(a) of the Act, state that the decision takes effect―
a
on 1st April 2011 in the case of a decision made before that date or immediately in the case of a decision made on or after that date;
b
at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or
c
subject to any decision by the Tribunal, at the end of such further period specified in the notice.
3
In deciding which of the periods listed in paragraph (2) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.
Transitory modifications of, and transitional provisions relating to the exercise of powers in, sections 12(5) and 15(5) of the Act
7
1
Where a decision has been made by the Commission to grant a transitional application —
a
the Commission may subsequently exercise its powers under section 12(5) or 15(5) of the Act (conditions of registration) in respect of the registration prior to 1st April 2011, notwithstanding that the period of that registration has not commenced; and
b
when it does so exercise those powers, those sections are modified as if “for the time being in force” were omitted.
2
Where the Commission decides to exercise its powers under section 12(5) or 15(5) of the Act as provided for in paragraph (1) —
a
sections 26(4)(c) and (d) (notice of proposals) and 28(3), (4), (6) and (7) (notice of decisions) do not apply; and
b
the Commission must follow the procedure set out in the following paragraphs.
3
The Commission must give the applicant or person to be registered as manager notice in writing of its decision under paragraph (2) and of any conditions being varied, removed or imposed.
4
The Commission must follow the procedure set out in paragraphs (4) and (6) to (11) of article 5 as though the references in those paragraphs to a decision under paragraph (1) of article 5 were references to the Commission’s decision under paragraph (2) of this article.
Transitional provisions relating to cancellation of registration
8
1
Where a decision has been made by the Commission to grant a transitional application, the Commission may, prior to 1st April 2011, subsequently exercise its powers under section 17(1) of the Act (cancellation of registration) and must comply with any duty arising under section 17(2) of the Act in respect of that registration, notwithstanding that the period of that registration has not commenced.
2
Where —
a
the Commission decides to exercise its powers under section 17(1) of the Act to cancel a registration as provided for in paragraph (1); and
b
it must therefore give a notice of proposal pursuant to section 26(4)(a) of the Act (notice of proposal relating to cancellation of registration),
it must use its best endeavours to give such a notice to the applicant or person to be registered as a manager (as the case may be) as soon as reasonably practicable after the decision to propose cancellation is made and in any event before 1st April 2011.
3
Any subsequent notice of decision relating to that cancellation given under section 28(3) of the Act (notice of decisions) must, in addition to explaining the right of appeal as required by section 28(4)(a) of the Act, state that the decision takes effect―
a
on 1st April 2011;
b
at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or
c
subject to any decision by the Tribunal, at the end of such further period specified in the notice
and accordingly section 28(6) and (7) of the Act does not apply.
4
In deciding which of the periods listed in paragraph (3) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.
Transitory modification of, and transitional provisions relating to the exercise of powers under, section 19 of the Act
9
1
Where a decision has been made by the Commission to grant a transitional application —
a
the Commission may subsequently consider an application made under section 19(1)(a) or (b) of the Act (applications by registered persons) by the person who made the transitional application, notwithstanding that the period of their registration as service provider or registered manager has not yet commenced; and
b
when it does consider such an application, section 19(1)(a) is modified as if “for the time being in force” were omitted.
2
Where the Commission, having considered an application under section 19(1)(a) or (b) of the Act as provided for in paragraph (1), decides to refuse such application —
a
sections 26(5) (notice of proposal) and 28(3) and (4) (notice of decisions) do not apply; and
b
the Commission must follow the procedure set out in the following paragraphs.
3
The Commission must give the person who has made the application under section 19(1)(a) or (b) as provided for in paragraph (1) notice in writing of its decision under paragraph (2).
4
The Commission must follow the procedure set out in paragraphs (4) and (6) to (11) of article 5 as though references in those paragraphs to a decision under paragraph (1) of article 5 were references to the Commission’s decision under paragraph (2) of this article.
Transitional provisions relating to supplementary transitional applications
10
1
This article applies where a person makes a supplementary transitional application.
2
Article 4(1) and (2) applies to an application to which this article applies as if for “transitional application” there were substituted “supplementary transitional application”.
3
Article 5(1) to (4) and (6) to (11) applies to an application to which this article applies as if —
i
in article 5(1) —
aa
for “as modified by article 4” there were substituted “as modified by article 4(1) and (2) as applied to a supplementary transitional application” and
bb
for “transitional application” there were substituted “supplementary transitional application”;
ii
in article 5(8), for “from 1st April 2011 or, if later, the date of the grant of registration” there were substituted “from the date of the grant of the registration”;
iii
in article 5(10), for “from 1st April 2011 or, if later, the date of the notice” there were substituted “from the date of the notice”; and
iv
in article 5(11), the words “1st April 2011, or, if later,”, in both places they occur, were omitted.
4
Where, pursuant to section 12 or 15 of the Act (grant or refusal of registration as a service provider or manager), as modified by article 4(1) and (2) as amended by paragraph (2), the Commission proposes to refuse a supplementary transitional application, and it must therefore give a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration), it must use its best endeavours to give such notice to the applicant or person to be registered as a manager (as the case may be) as soon as reasonably practicable after the decision to propose refusal is made.
5
Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act (notice of decisions) must, in addition to explaining the right of appeal as required by section 28(4)(a) of the Act, state that the decision takes effect —
a
immediately;
b
at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or
c
subject to any decision by the Tribunal, at the end of such further period specified in the notice.
6
In deciding which of the periods listed in paragraph (5) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.
PART 3 Provisions relating to activities which are regulated activities with effect from 1st April 2012
Notification of the need to make an application
11
1
The Commission must give notice of the need to make an application under section 11 of the Act (applications for registration as a service provider) to persons to whom paragraph (2) applies.
2
This paragraph applies to any person —
a
who is carrying on an activity consisting of the provision of NHS primary medical services which will be a regulated activity with effect from 1st April 2012; and
b
whose name is known to the Commission as someone carrying on such an activity
3
Notification sent pursuant to paragraph (1) must specify —
a
the form in which the application must be made;
b
the information it must contain or be accompanied by;
c
the application date; and
d
that the application under section 11 of the Act (applications for registration as a service provider) must be made to the Commission on or before the application date, in the specified form and contain or be accompanied by the specified information, in order for article 12 to apply.
4
The application date in any notification sent pursuant to paragraph (1) must be a date at least 28 days after the date on which the notification is sent.
5
Where —
a
the Commission gives notice in accordance with paragraph (1) of the need to make an application for registration in accordance with section 11; and
b
any such registration would be subject to a registered manager condition,
the Commission may, at the same time as giving notice under paragraph (1), give notice to the person to whom that notification is sent of the fact that an application must be made under section 14 of the Act (applications for registration as a manager) by a person proposing to manage the regulated activity.
6
Notification sent pursuant to paragraph (5) must specify —
a
the form in which the application must be made;
b
the information it must contain or be accompanied by;
c
the application date (which need not be the same as the application date given in accordance with paragraph (3)); and
d
that an application under section 14 of the Act by a person proposing to manage the regulated activity must be made to the Commission on or before the application date given in the notification, in the specified form and contain or be accompanied by the specified information, in order for article 12 to apply.
7
The application date in any notification sent pursuant to paragraph (5) must be a date at least 28 days after the date on which the notification is sent.
Suspension of the offence of carrying on a regulated activity while unregistered
12
1
This article applies where —
a
a person —
i
carries on an activity before 1st April 2012, and
ii
intends to carry on that activity on and after 1st April 2012;
b
that activity is a 2012 relevant regulated activity; and
c
an application is made in respect of that activity under —
i
section 11 of the Act (applications for registration as a service provider), or
ii
section 14 of the Act (applications for registration as a manager), where that activity will be subject to a registered manager condition.
2
Article 3 applies to an application to which this article applies as if —
a
for all references to “1st April 2011” there were substituted “1st April 2012”;
b
for all references to “relevant regulated activity” there were substituted “2012 relevant regulated activity”;
c
for “31st December 2010” there were substituted “31st December 2011”;
d
all references to article 2 and individual paragraphs of that article were interpreted as references to article 11 and its corresponding individual paragraphs;
e
all references to “this article” and individual paragraphs of article 3 were interpreted as references to article 3 and those paragraphs as applied by this article; and
f
all references to article 5 and individual paragraphs of that article were interpreted as references to that article and those paragraphs as applied by the provisions of article 14.
Transitional provisions relating to the grant or refusal of registration
13
1
This article applies where any person makes a 2012 transitional application.
2
Article 4 applies to an application to which this article applies as if —
a
for all references to “transitional application” there were substituted “2012 transitional application”;
b
all references to individual paragraphs of article 4 were interpreted as references to those paragraphs as applied by this article;
c
all references to article 2 were interpreted as references to article 11;
d
for “31st December 2010” there were substituted “31st December 2011”;
e
for all references to “1st April 2011” there were substituted “1st April 2012”; and
f
for all references to “30th June 2011” there were substituted “30th June 2012”.
Transitional provisions relating to registration subject to conditions
14
1
This article applies where any person makes a 2012 transitional application.
2
Article 5 applies to an application to which this article applies as if —
a
all references to individual paragraphs of article 5 were interpreted as references to those paragraphs as applied by this article;
b
the reference to article 4 were interpreted as a reference to article 4 as applied by the provisions of article 13;
c
for the reference to “transitional application” there were substituted “2012 transitional application”;
d
all references to article 2 were interpreted as references to article 11;
e
for “31st December 2010” there were substituted “31st December 2011”; and
f
for all references to “1st April 2011” there were substituted “1st April 2012”.
Transitional provisions relating to refusal of registration
15
1
This article applies where any person makes a 2012 transitional application.
2
Article 6 applies to an application to which this article applies as if —
a
the reference to article 4 were interpreted as a reference to article 4 as applied by the provisions of article 13;
b
for the reference to “transitional application” there were substituted “2012 transitional application”;
c
all references to article 2 were interpreted as references to article 11;
d
for all references to “1st April 2011” there were substituted “1st April 2012”;
e
for “31st December 2010” there were substituted “31st December 2011”; and
f
any reference to an individual paragraph of article 6 were interpreted as a reference to that paragraph as applied by this article.
Transitory modifications of, and transitional provisions relating to the exercise of powers in, sections 12(5) and 15(5) of the Act
16
1
This article applies where any person makes a 2012 transitional application.
2
Article 7 applies to an application to which this article applies as if —
a
for the reference to “transitional application” there were substituted “2012 transitional application”;
b
for the reference to “1st April 2011” there were substituted “1st April 2012”;
c
all references to “this article” and individual paragraphs of article 7 were interpreted as references to article 7 and those paragraphs as applied by this article; and
d
all references to article 5 and individual paragraphs of that article were interpreted as references to that article and those paragraphs as applied by the provisions of article 14.
Transitional provisions relating to cancellation of registration
17
1
This article applies where any person makes a 2012 transitional application.
2
Article 8 applies to an application to which this article applies as if —
a
for the reference to “transitional application” there were substituted “2012 transitional application”;
b
for all references to “1st April 2011” there were substituted “1st April 2012”; and
c
all references to individual paragraphs of article 8 were interpreted as references to those paragraphs as applied by this article.
Transitory modification of, and transitional provisions relating to the exercise of powers under, section 19 of the Act
18
1
This article applies where any person makes a 2012 transitional application.
2
Article 9 applies to an application to which this article applies as if —
a
for all references to “transitional application” there were substituted “2012 transitional application”;
b
all references to individual paragraphs of article 9 were interpreted as references to those paragraphs as applied by this article; and
c
all references to article 5 and individual paragraphs of that article were interpreted as references to that article and those paragraphs as applied by the provisions of article 14.
Transitional provisions relating to supplementary 2012 transitional applications
19
1
This article applies where any person makes a supplementary 2012 transitional application.
2
Article 10 applies to an application to which this article applies as if for all references to “supplementary transitional application” there were substituted “supplementary 2012 transitional application”.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
11th October 2010


text:
Citation and extent
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No.11) Order 2010.
2
This Order extends to England and Wales.
Commencement of provision
2
Section 31(3) (accommodation, etc. ) of the Mental Health Act 2007 shall come into force on 1st April 2010.
Signed by authority of the Secretary of State for Health
Phil Hope
Minister of State,
Department of Health
26th January 2010