text:
Citation and commencement
1
These Regulations may be cited as The Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009 and come into force on 7th September 2009.
Interpretation
2
In these Regulations––
“air conditioning system” means any system whose main purpose is to decrease the air temperature and humidity of the passenger compartment of a vehicle and which is fitted to a vehicle of a category to which Directive 2006/40/ EC applies by virtue of Article 2 of that Directive;
“enforcement authority” means the Secretary of State or a local authority;
“local authority” means —
in England, a city, borough, county or district council;
the Common Council of the City of London;
the Council of the Scilly Isles;
in Wales, a city, county or borough council;
in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ; or
in Northern Ireland, a city, district or borough council; and
“officer” means any officer authorised by an enforcement authority to assist it in enforcing these Regulations.
Servicing and repairing of air conditioning systems
3
1
No service provider may fill an air conditioning system with fluorinated greenhouse gases where —
a
an abnormal amount of refrigerant has leaked from that system, and
b
the necessary repair to the system has not been completed.
2
In determining whether the amount of refrigerant that has leaked from an air conditioning system is abnormal, regard must be had, in particular, to —
a
whether a reasonably competent service provider would consider the leak to be abnormal;
b
any information provided by the manufacturer to the user of the vehicle, in particular information contained in the owner’s manual; and
c
any requirements as to the design, construction and equipment which were applicable to the vehicle for the purpose of permitting its registration, sale or entry into service as a new vehicle.
3
In this regulation —
“fluorinated greenhouse gases” has the meaning given by Article 3(5) of Community Directive 2006/40;
“necessary repair” means a repair that removes the cause of the abnormal leak of refrigerant from an air conditioning system;
“refrigerant” means any chemical substance used in an air conditioning system to absorb heat; and
“service provider” means any person who, in the course of business or employment, services or repairs an air conditioning system.
Offences and Penalties
4
1
If a person contravenes a regulation specified in paragraph (2), that person commits an offence.
2
The regulations are —
a
regulation 3(1) (servicing and repairing of air conditioning systems);
b
regulation 7 (obstructing etc. an officer); and
c
regulation 8(9) (purporting to act as an officer).
3
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
It is the duty of each local authority to enforce these Regulations within its area.
5
Proceedings for an offence under these Regulations shall not be brought except by or on behalf of an enforcement authority.
6
Nothing in these Regulations shall authorise the Secretary of State to bring proceedings in Scotland.
Defence
5
1
In proceedings against any person for any offence under these Regulations it shall be a defence for that person to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due to —
a
the act or default of another; or
b
reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), he or she has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person who is the subject of the proceedings.
4
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of reliance on information supplied by another, unless that person shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular to —
a
the steps which he or she took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
whether he or she had any reason to disbelieve the information.
Liability of persons other than principal offender
6
1
Where the commission by any person of an offence under these Regulations is due to the act or default of another person in the course of that other person’s business or employment, that other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
a person who is a director, manager, secretary or other similar officer of the body corporate, or
b
a person who was purporting to act in any such capacity,
that person, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, both the partner and the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Obstruction of officers and false statements
7
1
No person shall without reasonable excuse —
a
obstruct an officer when acting in pursuance of any provision of these Regulations;
b
fail to comply with any requirement properly made to him or her by an officer under any provision of these Regulations; or
c
fail to give an officer any other assistance or information which the officer may reasonably require of that person for the purposes of the exercise of the officer’s functions under any provision of these Regulations.
2
No person shall, in giving any information which is required of him or her by virtue of sub-paragraph (1)(c) —
a
make any statement which he or she knows is false in a material particular; or
b
recklessly make a statement which is false in a material particular.
Powers of search etc.
8
1
An officer may, at all reasonable hours and on —
a
identifying himself or herself and producing authority in writing from the enforcement authority for the exercise by the officer of powers conferred on the authority by these Regulations, and
b
stating the purpose of his or her actions and the grounds for undertaking them,
exercise any of the powers set out in paragraph (2).
2
The powers referred to in paragraph (1) are as follows —
a
an officer may, for the purpose of ascertaining whether an offence under these Regulations has been committed —
i
inspect any air conditioning system or equipment used to service such a system or to fill it with refrigerant; and
ii
enter any premises other than premises used only as a dwelling;
b
if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, that officer may, for the purpose of ascertaining whether it has been committed, require any person carrying on, or employed in connection with a business, to produce any records relating to the air conditioning system or equipment used to service that system or to fill it with refrigerant and that officer may take copies of those records or any part of them;
c
if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may seize and detain any equipment used to service an air conditioning system or to fill it with refrigerant for the purpose of ascertaining whether the offence has been committed; and
d
an officer may seize and detain —
i
any equipment used to service an air conditioning system or to fill it with refrigerant, or
ii
any records,
which the officer has reason to believe may be required as evidence in proceedings for an offence under these Regulations.
3
For the purposes of paragraphs (2)(b) and (d), the officer may require information stored electronically to be made available in printed form.
4
If a justice of the peace is satisfied by any written information on oath —
a
that there are reasonable grounds for believing either —
i
that any equipment used to service an air conditioning system or to fill it with refrigerant or any records, which the officer has power under this regulation to inspect, copy, seize or require to be produced, are on any premises and that their inspection, copying, seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or
ii
that any offence under these Regulations has been, is being, or is about to be committed on any premises; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this regulation has been given to the occupier; or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return,
the justice may by warrant under his or her hand, which shall continue in force for a period of one month, authorise an officer to enter the premises, if need be by force.
5
On entering any premises by authority of a warrant granted under paragraph (4), an officer shall, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises or appropriate part of the premises a notice in writing —
a
summarising the officer’s powers under this regulation to seize and detain any equipment used to service an air conditioning system or to fill it with refrigerant, or any records;
b
explaining that compensation may be payable for damage caused in entering premises and seizing and removing any equipment used to service an air conditioning system or to fill it with refrigerant, or any records, and giving the address to which an application for compensation should be directed; and
c
indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.
6
An officer, when entering any premises by virtue of this regulation, may be accompanied by such persons and take such equipment as appear necessary.
7
An officer, when leaving any premises which the officer entered by virtue of a warrant, shall, if the premises are unoccupied or the occupier is temporarily absent, leave them in as secure a state as they were found.
8
When exercising any power of seizure and detention under this regulation, an officer shall, as soon as practicable, give to the person against whom the power has been exercised, a written notice stating —
a
precisely what has been seized and detained; and
b
that an application for release of a detained item may be made in accordance with regulation 9;
c
the procedure for making such an application.
9
A person who is not an officer of an enforcement authority shall not purport to act as such under this regulation.
10
In the application of this regulation to Scotland, the reference in paragraph (4) to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
11
In the application of this regulation to Northern Ireland, the references in paragraph (4) to any information on oath shall be construed as references to any complaint on oath.
Application for the release of detained items
9
1
Any person having an interest in any equipment used to service an air conditioning system or to fill it with refrigerant, or any records, which are for the time being detained under regulation 8 (powers of search etc.) may apply for an order requiring any item so detained to be released to the applicant or another person.
2
An application under this regulation may be made —
a
to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item;
b
where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or
c
in Scotland, by summary application to the sheriff.
3
A magistrates’ court or the sheriff shall not make an order under paragraph (1) unless the court or sheriff is satisfied that —
a
proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item or, having been brought, have been concluded; and
b
where no such proceedings have been brought, more than six months have elapsed since the detention was carried out.
4
Any person aggrieved by an order made under this regulation by a magistrates’ court or sheriff, or by a decision of such a court or sheriff, not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court;
b
in Scotland, to the sheriff principal; or
c
in Northern Ireland, to the county court.
5
In England and Wales or in Northern Ireland, an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case) ).
Compensation for seizure and detention
10
1
Where an officer exercises any power under regulation 8 (powers of search etc.) to seize and detain any equipment used to service an air conditioning system or to fill it with refrigerant, or any records, the enforcement authority shall be liable to pay compensation to any person having an interest in the item seized or detained in respect of any loss or damage caused by the exercise of the power if —
a
there has been no contravention of any provision of these Regulations; and
b
the exercise of the power is not attributable to any neglect or default by that person.
2
Any disputed question as to the right to or the amount of any compensation payable under this regulation shall be determined —
a
in England and Wales or Northern Ireland, by arbitration; or
b
in Scotland, by a single arbiter appointed by the parties, or in the event that the parties fail to agree, by the sheriff.
Recovery of the expenses of enforcement
11
1
This regulation shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any equipment used to service an air conditioning system or to fill it with refrigerant, or any records.
2
The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse the enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the equipment used to service an air conditioning system or to fill it with refrigerant, or any records.
Savings for certain privileges
12
Nothing in these Regulations shall be taken as requiring any person —
a
to produce any records if that person would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, a claim of confidential communications, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled; or
b
to answer any question or give any information if to do so would incriminate that person or that person’s spouse or civil partner.
Savings for civil rights
13
A contract for the supply of an air conditioning system, the equipment used to service an air conditioning system or to fill it with refrigerant shall not be void or unenforceable by reason only of a contravention of any provision of these Regulations.
Signed by authority of the Secretary of State
C D Mole
Parliamentary Under Secretary of State
Department for Transport
9th August 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009.
2
This regulation and regulations 2, 3, and 5 to 8 come into force on 11th January 2010.
3
Regulation 4 comes into force —
a
in relation to any magistrates’ court in any of the local justice areas listed in the first part of the Schedule to these Regulations, on 11th January 2010; and
b
in relation to any other magistrates’ court in any of the courts board areas listed —
i
in the second part of that table, on 12th April 2010;
ii
in the third part of that table, on 26th April 2010;
iii
in the fourth part of that table, on 10th May 2010;
iv
in the fifth part of that table, on 17th May 2010;
v
in the sixth part of that table, on 24th May 2010;
vi
in the seventh part of that table, on 14th June 2010;
vii
in the eighth part of that table, on 28th June 2010.
4
Regulation 4 applies only to proceedings in which an individual is committed for sentence by a magistrates’ court on or after the date on which that regulation comes into force in respect of that court.
Amendment to the Criminal Defence Service (Financial Eligibility) Regulations 2006
2
The Criminal Defence Service (Financial Eligibility) Regulations 2006 are amended as follows.
3
In regulation 2 —
a
in the definition of “child care costs” —
i
after “registered under” insert “Part 3 of the Childcare Act 2006 or”;
ii
for “or any of them is” substitute “or both of them is or are”;
iii
after “home” insert “and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;”;
b
in the definition of “gross annual income”, after “disablement pension” insert —
va
housing benefit
.
4
For regulation 3 substitute —
3
These Regulations apply to —
a
those criminal proceedings which —
i
are referred to in section 12(2)(a) to (f) of the Act and in regulation 3(2) (other than sub-paragraph (h)) of the Criminal Defence Service (General) (No. 2) Regulations 2001 ; and
ii
are in a magistrates’ court; and
b
criminal proceedings in which the individual —
i
has been committed to the Crown Court for sentence; and
ii
did not apply for, or was not granted, a representation order in a magistrates’ court.
.
5
In regulation 5(3) for “directly or indirectly” substitute “, directly or indirectly, properly”.
6
In regulation 7(2) —
a
in paragraph (a) omit “or is likely to be”;
b
in paragraph (b) omit “or are likely to be”;
c
for the words from “resources of that” to the end substitute “maintenance or the resources made available and may treat the amount as the resources of the individual”.
7
In regulation 10 —
a
in paragraph (2), after “annual income” insert “(without adjustment under regulation 9(1))”;
b
in paragraph (2)(d)(i) omit “, less any housing benefit paid under the Social Security Benefits and Contributions Act 1992”;
c
for paragraph (2)(f) substitute —
f
if the individual is making payments for the maintenance of a former partner or of a child or a relative who is not (in such case) a member of the individual’s household, the amount, where reasonable, of such payments paid or payable in respect of the period of calculation;
and in this sub-paragraph “relative” means a parent, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece or first cousin, whether of the full blood or half blood or by marriage or civil partnership;
.
8
Omit regulation 11(1)(b) and the word “and” immediately preceding it.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
27th October 2009


text:
PART 1 General
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee Order 2009 and shall come into force on 6 July 2009 .
2
In this Order —
“account holder” means a person holding a credit account,
“ the Act ” means the Land Registration Act 2002,
“ CLRA ” means the Commonhold and Leasehold Reform Act 2002 ,
“charge” includes a sub-charge,
“common parts” has the same meaning as in the CLRA,
“a commonhold” has the same meaning as in the CLRA,
“commonhold association” has the same meaning as in the CLRA,
“commonhold community statement” has the same meaning as in the CLRA,
“commonhold land” has the same meaning as in the CLRA,
“commonhold unit” has the same meaning as in the CLRA,
“credit account” means an account authorised by the registrar under article 14(1),
“developer” has the same meaning as in the CLRA,
“large scale application” has the same meaning as in article 6(1)(b),
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,
“profit” means a profit a prendre in gross,
“remote terminal” means a remote terminal communicating with the registrar’s computer system in accordance with a notice given under Schedule 2 to the rules,
“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made,
“the rules” means the Land Registration Rules 2003 and a rule referred to by number means the rule so numbered in the rules,
“Scale 1” means Scale 1 in Schedule 1,
“Scale 2” means Scale 2 in Schedule 2,
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,
“share” in relation to land, means an interest in that land under a trust of land,
“surrender” includes a surrender not made by deed,
“termination application” has the same meaning as in the CLRA,
“unit-holder” has the same meaning as in the CLRA,
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
3
Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2 Scale fees
Applications for first registration and applications for registration of a lease by an original lessee
2
1
The fee for an application for first registration of an estate in land is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7, unless the application is —
a
for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies,
b
a voluntary application, where either paragraph (6) or article 6(3) applies, or
c
a large scale application, where article 6 applies.
2
The fee for an application by the original lessee or his personal representative for the registration of title to a lease, or for the registration of the grant of a lease, is payable under Scale 1 —
a
on an amount equal to the sum of the premium and the rent, or
b
where
i
there is no premium, and
ii
either there is no rent or the rent cannot be quantified at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £50,
unless either of the circumstances in paragraph (3) applies.
3
Paragraph (2) shall not apply if the application is —
a
a voluntary application, where paragraph (6) applies, or
b
a large scale application, where article 6 applies.
4
The fee for an application for the first registration of a rentcharge is £50.
5
The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
6
The fee for a voluntary application (other than a large scale application, where article 6(3) applies) is the fee which would otherwise be payable under paragraph (1) or (2) reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
7
In paragraph (2) “lease” means —
a
a lease which grants an estate in land whether or not the grant is a registrable disposition, or
b
a lease of a franchise, profit or manor the grant of which is a registrable disposition.
Transfers of registered estates for monetary consideration, etc.
3
1
Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
a
a transfer of a registered estate for monetary consideration,
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate, or
c
a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
2
Paragraph (1) shall not apply if the application is —
a
a large scale application, where article 6 applies, or
b
for the registration of a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, where article 4(1)(h) applies.
3
Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
4
Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
5
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination assessed under article 7.
Transfers of registered estates otherwise than for monetary consideration, etc.
4
1
Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
a
a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies),
b
a surrender of a registered leasehold estate otherwise than for monetary consideration,
c
a transfer of a registered estate by operation of law on death or bankruptcy, of an individual proprietor,
d
an assent of a registered estate (including a vesting assent),
e
an appropriation of a registered estate,
f
a vesting order or declaration to which section 27(5) of the Act applies,
g
an alteration of the register, or
h
a transfer of a registered estate made pursuant to an order of the Court under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004,
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
2
Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate, the fee for an application for its registration is payable under Scale 2 on the value of that share.
Charges of registered estates or registered charges
5
1
The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraph (2), (3) or (4) applies.
2
No fee is payable for an application to register a charge lodged with or before the completion of either a scale fee application or an application to which paragraph (17) in Part 1 of Schedule 3 applies (“the primary application”) that will result in the chargor being registered as proprietor of the registered estate included in the charge unless —
a
the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies, or
b
the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
3
No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
4
Where a charge also includes a registered estate which is not included in the primary application (“the additional property”) any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
Value of the additional property Value of all the property included in the charge × Amount secured by the charge
5
The fee for an application for the registration of —
a
a transfer of a registered charge for monetary consideration, or
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered charge,
is payable under Scale 2 on the amount or value of the consideration.
6
The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
a
the amount secured by the registered charge at the time of the transfer, or
b
where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
7
The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
a
the proportionate part of the amount secured by the registered charge at the time of the transfer, or
b
where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
8
This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6
1
In this article —
a
“land unit” means —
i
the land registered under a single title number other than, in the case of an application to register a charge, any estate under any title number which is included in a primary application within the meaning of article 5(2), or
ii
on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.
b
“large scale application” means a scale fee application which relates to 20 or more land units, other than an application to register a disposition by the developer affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land, or a low value application,
c
“low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000.
2
Subject to paragraphs (3) and (4), the fee for a large scale application is the greater of —
a
the scale fee, and
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £12 for each land unit, or
ii
where the application relates to more than 500 land units, £6,000 plus £6 for each land unit in excess of 500.
3
If a large scale application is a voluntary application, the fee payable under paragraph (2) is reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
4
The maximum fee payable for a large scale application for first registration is £52,000 unless the application is a voluntary application in which case the maximum fee is £39,000.
PART 3 Valuation
Valuation (first registration and registered estates)
7
1
The value of the estate in land, franchise, profit, manor or share is the maximum amount for which it could be sold in the open market free from any charge —
a
in the case of a surrender, at the date immediately before the surrender, and
b
in any other case, at the date of the application.
2
As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or his conveyancer or by any other person who, in the registrar’s opinion, is competent to make the statement.
3
Where an application for first registration is made on —
a
the purchase of a leasehold estate by the reversioner,
b
the purchase of a reversion by the leaseholder, or
c
any other like occasion,
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8
1
On an application for registration of a charge, the amount of the charge is —
a
where the charge secures a fixed amount, that amount,
b
where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount,
c
where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged,
d
where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of —
i
the amount secured or guaranteed, and
ii
the value of the property charged, or
e
where the charge secures an obligation or liability which is contingent upon the happening of a future event (“the obligation”), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
i
the maximum amount or value of the obligation, or
ii
if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
Value of the registered estate or registered charge Value of all the property charged × Amount of the charge
3
Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged.
4
Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
a
the amount of the whole debt, and
b
an amount equal to the value of the property charged by that chargor.
5
In this article “value of the property charged” means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
PART 4 Fixed Fees and Exemptions
Fixed fees
9
1
Subject to paragraph (2) and to article 10, the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
Where an application is one specified in paragraphs (1), (2) or (10) in Part 1 of Schedule 3 affecting the whole or part of the freehold estate in land which has been registered as a freehold estate in commonhold land registered in the name of the developer under more than one title number, the fee is to be assessed as if the application affects only one title.
Exemptions
10
No fee is payable for any of the applications and services specified in Schedule 4.
PART 5 General and Administrative Provisions
Cost of surveys, advertisements and special enquiries
11
The applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
12
The fee payable for an application in respect of which no other fee is payable under this Order shall be £50.
Method of payment
13
1
Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to Land Registry.
2
Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the land registry as the registrar may from time to time direct.
3
Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
4
Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £50 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
5
Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
14
1
Any person may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
2
To enable the registrar to consider whether or not a person applying to use a credit account may be so authorised, that person shall supply the registrar with such information and evidence as the registrar may require to satisfy him of that person’s fitness to hold a credit account and the ability of that person to pay any amounts which may become due from time to time under a credit account.
3
To enable the registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall supply the registrar, when requested to do so, with such information and evidence as the registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
4
Where an account holder makes an application where credit facilities are available to him, he may make a request, in such manner as the registrar directs, for the appropriate fee to be debited to the account holder’s credit account, but the registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
5
Where an account holder makes an application where credit facilities are available to him, and the application is accompanied neither by a fee nor a request for the fee to be debited to his account, the registrar may debit the fee to his account.
6
The registrar shall send a statement of account to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
7
The account holder must pay any sums due on his credit account before the date and in the manner specified by the registrar.
8
The registrar may at any time terminate or suspend any or all authorisations given under paragraph (1).
9
In this article “credit limit” in relation to a credit account authorised for use under paragraph (1) means the maximum amount (if any) which is to be due on the account at any time, as notified by the registrar to the account holder from time to time, by means of such communication as the registrar considers appropriate.
Revocation
15
The Land Registration Fee Order 2006 is revoked.
Signed by the authority of the Lord Chancellor
Michael Wills
Minister of State,
Ministry of Justice
31st March 2009
We consent
Tony Cunningham
Frank Roy
Two of the Lord Commissioners of Her Majesty’s Treasury
1st April 2009


text:
Citation and Commencement
1
This Order may be cited as the European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009 and shall come into force on 1st October 2009.
Specification as Community Treaty
2
The Maritime Labour Convention 2006 is to be regarded as one of the Community Treaties within the meaning of section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Pension Protection Fund (Pension Compensation Cap) Order 2009 and shall come into force on 1st April 2009.
The compensation cap
2
The amount specified for the purposes of paragraph (a) of the definition of “the compensation cap” in paragraph 26(7) of Schedule 7 to the Pensions Act 2004 (pension compensation provisions – compensation cap) is £31,936.32.
Revocation
3
The Pension Protection Fund (Pension Compensation Cap) Order 2008 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th March 2009


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 and shall come into force on 9th November 2009.
2
In these Regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 1989 Act ” means the Children Act 1989;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“the 2001 Act ” means the Health and Social Care Act 2001;
“direct payment” has the meaning given in regulation 7 or 8;
“prescribed person” means a person falling within the description prescribed by regulation 2 or 4 who falls within section 57(2) of the 2001 Act or section 17A(2) of the 1989 Act;
“P” means a person falling within the description prescribed by regulation 3 who falls within subsection (2)(a) of section 57 of the 2001 Act and subsection (5A) of that section or is reasonably believed by the responsible authority to fall within that subsection;
“relevant service” means —
in the case of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act —
a community care service within the meaning of section 46 of the 1990 Act ,
a service under section 2 of the Carers and Disabled Children Act 2000 (services for carers), or
a service which the responsible authority may provide in exercise of functions under section 17 of the 1989 Act (provision of services for children in need, their families and others); or
in the case of direct payments under section 57(1A) of the 2001 Act, a community care service within the meaning of section 46 of the 1990 Act;
“S” is the suitable person referred to in regulation 8(1).
3
These Regulations apply in relation to England.
Prescribed descriptions of persons under section 57(1) of the 2001 Act – community care services and services for carers
2
For the purposes of section 57(1) of the 2001 Act a person is of a prescribed description if they are —
a
a person who appears to the responsible authority to be capable of managing a direct payment by themselves or with such assistance as may be available to them;
b
not a person who falls, or is reasonably believed by the responsible authority to fall, within section 57(5A) of the 2001 Act; and
c
not a person to whom Schedule 1 applies.
Prescribed descriptions of persons under section 57(1A) of the 2001 Act – community care services
3
For the purposes of section 57(1A) of the 2001 Act a person is of a prescribed description if they are not a person to whom Schedule 1 applies.
Prescribed descriptions of persons under section 17A(1) of the 1989 Act – children’s services
4
For the purposes of section 17A(1) of the 1989 Act a person is of a prescribed description if they are —
a
a person who appears to the responsible authority to be capable of managing a direct payment by themselves or with such assistance as may be available to them; and
b
not a person to whom Schedule 1 applies.
Persons prescribed as representatives
5
For the purposes of section 57(5B) of the 2001 Act, a person is prescribed as a representative in relation to another person if they are —
a
a deputy appointed for that other person by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 ; or
b
a donee of a lasting power of attorney within the meaning of section 9 of the Mental Capacity Act 2005 created by that other person.
Prescribed powers for surrogates
6
For the purposes of section 57(5C) of the 2001 Act (which provides that a “surrogate”, in relation to a person, means a person listed in that provision whose powers consist of or include such powers as may be prescribed), the prescribed powers are powers relating to decisions about securing the provision of a community care service within the meaning of section 46 of the 1990 Act.
Direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act
7
1
If the conditions in paragraph (2) are satisfied, a responsible authority —
a
may, with that person’s consent, make in respect of a prescribed person such payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act as are determined in accordance with regulation 9 (“direct payments”) in respect of the prescribed person securing the provision of a relevant service which the person is obliged to receive as a result of an obligation imposed under an enactment mentioned in Schedule 2;
b
may, with that person’s consent, make in respect of a prescribed person in respect of whom there is in force a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75(3)) of the 1983 Act or who is a patient who has been conditionally discharged under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 , direct payments in respect of the prescribed person securing the provision of a relevant service; and
c
in all other cases must, with that person’s consent, make in respect of a prescribed person direct payments in respect of the prescribed person securing the provision of a relevant service.
2
The conditions referred to in paragraph (1) are that the responsible authority are satisfied —
a
that the person’s need for the relevant service can be met by securing the provision of it by means of a direct payment; and
b
in the case of a relevant service as defined in paragraph (a)(iii) of the definition of that term in regulation 1(2), that the welfare of the child in respect of whom the service is needed will be safeguarded and promoted by securing the provision of it by means of a direct payment.
Direct payments under section 57(1A) of the 2001 Act
8
1
The responsible authority must take the steps in paragraph (2) before they may be satisfied that it is appropriate for a payment under section 57(1A) of the 2001 Act to be made to a suitable person (“S”) in respect of S securing the provision of a relevant service for a person falling within the description prescribed by regulation 3 (“P”).
2
The steps referred to in paragraph (1) are that the responsible authority must —
a
so far as is reasonably practicable and appropriate, consult and take into account the views of –
i
anyone named by P as someone to be consulted on the matter of whether a payment should be made to S for the purpose of securing provision for P of a relevant service or on matters of that kind,
ii
anyone engaged in caring for P or interested in P’s welfare, and
iii
any representative or surrogate of P ;
b
so far as is reasonably ascertainable, consider —
i
P’s past and present wishes and feelings (and, in particular, any relevant written statement made by P when P had capacity, within the meaning of the Mental Capacity Act 2005 , to consent to the making of direct payments),
ii
the beliefs and values that would be likely to influence P’s decision if P had such capacity, and
iii
the other factors that P would be likely to consider if P were able to do so;
c
obtain a criminal record certificate issued under section 113B of the Police Act 1997 —
i
in respect of S where S is an individual and neither a person mentioned in paragraph (3) nor a friend of P who is involved in the provision of care for P, and
ii
where S is a body corporate or an unincorporated body of persons, in respect of the individual who will, on behalf of that body, have overall responsibility for the day-to-day management of P’s direct payments.
3
The persons referred to in paragraph (2)(c)(i) are —
a
the spouse or civil partner of P;
b
a person who lives with P as if their spouse or civil partner;
c
a person who is P’s —
i
parent or parent-in-law,
ii
son or daughter,
iii
son-in-law or daughter-in-law,
iv
stepson or stepdaughter,
v
brother or sister,
vi
aunt or uncle, or
vii
grandparent;
d
the spouse or civil partner of any person specified in sub-paragraph (c); and
e
a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.
4
Where, having taken the steps in paragraph (2), the responsible authority are satisfied of the matters listed in paragraph (5), the responsible authority —
a
may, with the requisite consent , make such payments under section 57(1A) of the 2001 Act as are determined in accordance with regulation 10 (“direct payments”) to S in respect of S securing the provision of a relevant service for P which P is obliged to receive as a result of an obligation imposed under an enactment mentioned in Schedule 2;
b
in a case where there is in force, in respect of P, a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75(3)) of the 1983 Act or in a case where P is a patient who has been conditionally discharged under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003, may, with the requisite consent, make direct payments to S in respect of S securing the provision of a relevant service for P; and
c
in all other cases must, with the requisite consent, make direct payments to S in respect of S securing the provision of a relevant service for P.
5
The matters referred to in paragraph (4) are that —
a
P’s need for the relevant service can be met by securing the provision of it by means of a direct payment;
b
S —
i
will act in the best interests, within the meaning of the Mental Capacity Act 2005 , of P when securing the provision of services in respect of which the direct payment is made, and
ii
appears to be capable of managing a direct payment by themselves or with such assistance as may be available to them, and
c
in all the circumstances it is appropriate for a direct payment to be made to S.
Amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act
9
1
Subject to paragraphs (3) and (4), a direct payment under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act shall be made as a gross payment unless the responsible authority decide it shall be made as a net payment .
2
For the purpose of making the payment referred to in paragraph (1), the responsible authority shall determine, having regard to the prescribed person’s means, what amount or amounts (if any) it is reasonably practicable for the prescribed person to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act) .
3
Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care) —
a
the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
b
subsection (4)(b) of that section shall not apply.
4
Where a direct payment is made to a person falling within section 17A(5) of the 1989 Act —
a
the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
b
subsection (4)(b) of that section shall not apply.
5
The payment referred to in paragraph (1) may be made to —
a
the prescribed person; or
b
a person nominated by the prescribed person to receive the payment on their behalf.
Amount and payment of direct payments under section 57(1A) of the 2001 Act
10
1
A direct payment under section 57(1A) of the 2001 Act shall be made to S as a gross payment unless the responsible authority decide it shall be made as a net payment.
2
For the purpose of making the payment referred to in paragraph (1), the responsible authority shall determine, having regard to P’s means, what amount or amounts (if any) it is reasonably practicable for P to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act).
3
Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care) —
a
the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
b
subsection (4)(b) of that section shall not apply.
Conditions in respect of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act
11
1
A direct payment under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act shall be subject to the condition that the service in respect of which it is made shall not be secured from a person mentioned in paragraph (2) unless the responsible authority are satisfied that securing the service from such a person is necessary —
a
in the case of a relevant service as defined in paragraph (a)(i) or (ii) of the definition of that term in regulation 1(2), to meet satisfactorily the prescribed person’s need for that service; or
b
in the case of a relevant service as defined in paragraph (a)(iii) of the definition of that term in regulation 1(2), for promoting the welfare of the child in respect of whom the service is needed.
2
The persons referred to in paragraph (1) are —
a
the spouse or civil partner of the prescribed person;
b
a person who lives with the prescribed person as if their spouse or civil partner;
c
a person living in the same household as the prescribed person who is the prescribed person’s —
i
parent or parent-in-law,
ii
son or daughter,
iii
son-in-law or daughter-in-law,
iv
stepson or stepdaughter,
v
brother or sister,
vi
aunt or uncle, or
vii
grandparent;
d
the spouse or civil partner of any person specified in sub-paragraph (c) who lives in the same household as the prescribed person; and
e
a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.
3
Paragraphs (2)(c)(ii) and (iii) do not apply in the case of a person mentioned in section 17A(2)(c) of the 1989 Act.
4
A responsible authority may make a direct payment under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act subject to such other conditions (if any) as they think fit.
5
The conditions referred to in paragraph (4) may, in particular, require that the payee —
a
shall not secure the relevant service from a particular person; and
b
shall provide such information to the responsible authority as the authority consider necessary in connection with the direct payment.
Conditions in respect of direct payments under section 57(1A) of the 2001 Act
12
1
A direct payment under section 57(1A) of the 2001 Act shall be subject to the conditions in paragraph (2).
2
The conditions referred to in paragraph (1) are that —
a
the service in respect of which the direct payment is made shall not be secured from a person mentioned in paragraph (3) unless the responsible authority are satisfied that securing the service from such a person is necessary to meet satisfactorily P’s need for that service; and
b
S shall —
i
act in the best interests, within the meaning of the Mental Capacity Act 2005, of P when securing the provision of services in respect of which the direct payment is made,
ii
provide such information to the responsible authority as that authority consider necessary in connection with the direct payment,
iii
if S is an individual mentioned in regulation 8(2)(c)(i) or a body corporate or an unincorporated body of persons, obtain a criminal record certificate issued under section 113B of the Police Act 1997, or obtain verification that a satisfactory certificate under that Act has been obtained, in respect of any person from whom a service in respect of which a direct payment is made is secured,
iv
notify the responsible authority if S reasonably believes that P no longer falls within section 57(5A) of the 2001 Act, and
v
use the direct payment for securing the provision for P of the services for which the payment was made.
3
The persons referred to in paragraph (2) are —
a
the spouse or civil partner of P;
b
a person who lives with P as if their spouse or civil partner;
c
a person living in the same household as P who is P’s —
i
parent or parent-in-law,
ii
son or daughter,
iii
son-in-law or daughter-in-law,
iv
stepson or stepdaughter,
v
brother or sister,
vi
aunt or uncle, or
vii
grandparent;
d
the spouse or civil partner of any person specified in sub-paragraph (c) who lives in the same household as P; and
e
a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.
4
A responsible authority may make a direct payment under section 57(1A) of the 2001 Act subject to such other conditions (if any) as they think fit.
Maximum periods of residential accommodation which may be secured by means of a direct payment
13
1
Subject to paragraph (2), a direct payment may not be made in respect of a person who falls within regulation 2 or 3 for the provision to that person of residential accommodation for a period in excess of 4 consecutive weeks in any period of 12 months.
2
In calculating the period of 4 weeks mentioned in paragraph (1) a period in residential accommodation of less than 4 weeks shall be added to any succeeding period in residential accommodation where the two periods are separated by a period of less than 4 weeks but not otherwise.
3
A direct payment may not be made in respect of a person who falls within regulation 4 for the provision of residential accommodation —
a
for any single period in excess of 4 weeks; and
b
for any period in excess of 120 days in any period of 12 months.
Displaced functions and obligations of the responsible authority
14
1
Except as provided by paragraph (2), the fact that a responsible authority make a direct payment shall not affect their functions with respect to the provision under the relevant enactment of the service to which the payment relates.
2
Where a responsible authority make a direct payment, they shall not be under any obligation with respect to the provision under the relevant enactment of the service to which the payment relates as long as they are satisfied that the need which calls for the provision of the service will be secured by —
a
in the case of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act, the payee’s own arrangements; or
b
in the case of direct payments under section 57(1A) of the 2001 Act, the arrangements made by S.
3
In paragraphs (1) and (2), references to the relevant enactment, in relation to the provision of a service, are to the enactment under which the service would fall to be provided apart from these Regulations.
Repayment of direct payments
15
1
A responsible authority which have made a direct payment may require the payment or part of the payment to be repaid where they are satisfied that —
a
the direct payment or part of the payment has not been used to secure the provision of the service to which it relates; or
b
a condition imposed under regulation 11 or 12 has not been complied with.
2
Any sum falling to be repaid by virtue of paragraph (1) shall be recoverable as a debt due to the responsible authority.
Review
16
1
A responsible authority must review the making of direct payments under section 57(1A) of the 2001 Act —
a
at least once within the first year of the direct payments being made;
b
at appropriate intervals, not exceeding twelve months, thereafter;
c
where the responsible authority reasonably consider, on the basis of information given by S or by any other person, that P no longer falls within section 57(5A) of the 2001 Act; and
d
whenever notified by any person of concerns that —
i
the direct payment may not have been used to secure the provision for P of the services for which the payment was made, or
ii
may mean that the responsible authority would no longer be satisfied of the matters listed in regulation 8(5)(b) or (c).
2
A responsible authority must review the making of direct payments under section 57(1) of the 2001 Act where the responsible authority reasonably consider, on the basis of information given by any person, that P falls within section 57(5A) of that Act.
Termination of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act
17
1
Subject to paragraph (3), a responsible authority must terminate the making of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a person if —
a
the person ceases to be a prescribed person; or
b
a condition mentioned in regulation 7(2) ceases to be met.
2
A responsible authority may terminate the making of the whole or part of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a prescribed person if —
a
any condition imposed under regulation 11 or referred to in section 57(4)(b) of the 2001 Act is not complied with; or
b
in all the circumstances the responsible authority consider it appropriate to terminate the making of direct payments.
3
A responsible authority may continue to make direct payments to a person who ceases to satisfy regulation 2(b) who would otherwise be a prescribed person if —
a
the authority are reasonably satisfied that that person’s lack of capacity to consent will be temporary;
b
another person who appears to the responsible authority to be capable of managing a direct payment is prepared to accept and manage such payments on behalf of that person during the period of their incapacity; and
c
the person with whom the arrangement for the provision of the relevant service has been made agrees to accept payment for the service from the person mentioned in sub-paragraph (b).
Termination of direct payments under section 57(1A) of the 2001 Act
18
1
A responsible authority must terminate the making of direct payments under section 57(1A) of the 2001 Act to S if —
a
the person in respect of whom the payments are made (“the beneficiary”) ceases to —
i
fall within the description of persons prescribed by regulation 3, or
ii
fall within section 57(2)(a) of the 2001 Act; or
b
the responsible authority are no longer satisfied of any of the matters listed in regulation 8(5).
2
Subject to paragraphs (4) and (5), a responsible authority must terminate the making of direct payments under section 57(1A) of the 2001 Act to S if the beneficiary no longer falls within section 57(5A) of the 2001 Act or is reasonably believed by the responsible authority no longer to fall within that section.
3
A responsible authority may terminate the making of the whole or part of the direct payments to S if any condition imposed under regulation 12 or referred to in section 57(4)(b) of the 2001 Act is not complied with.
4
A responsible authority may continue to make direct payments under section 57(1A) of the 2001 Act to S notwithstanding that the beneficiary ceases to fall within section 57(5A) of the 2001 Act, if —
a
the authority are reasonably satisfied that the beneficiary’s capacity to consent to the making of direct payments will be temporary; and
b
the direct payments are made subject to the additional condition that S shall allow the beneficiary to manage the direct payments themselves for any period in respect of which the responsible authority are satisfied that the beneficiary has capacity to consent to the making of direct payments and is capable of managing such payments.
5
Where paragraph (2) applies and a responsible authority reasonably believe that the beneficiary’s capacity to consent is not temporary, before terminating payments under section 57(1A), the authority shall consult the beneficiary with regard to whether the beneficiary consents to the making of direct payments under section 57(1) of the 2001 Act.
6
Subject to paragraph (7), direct payments under section 57(1A) shall not be terminated under paragraph (2) until direct payments under section 57(1) of the 2001 Act are made where, in accordance with paragraph (5), the beneficiary consents to direct payments under section 57(1) of the 2001 Act, if the beneficiary —
a
is a prescribed person;
b
falls within section 57(2)(a) of the 2001 Act; and
c
the condition in regulation 7(2)(a) is met.
7
Nothing in paragraph (6) affects the responsible authority’s discretion not to make direct payments under section 57(1) of the 2001 Act under regulation 7(1)(a) or (b).
Consequential amendments
19
In regulation 19(b) of the Community Legal Service (Financial) Regulations 2000 and regulation 2(1) of the Criminal Defence Service (Financial Eligibility) Regulations 2006 for the words from “the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003” to the end substitute “regulations made under section 57 of the Health and Social Care Act 2001 (direct payments) or section 17A of the Children Act 1989 (direct payments)”.
Revocation
20
The enactments specified in column 1 of Schedule 3 to these Regulations are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
13th July 2009


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Virgin Islands) Order 2009.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Agreement set out in Part 2 of that Schedule have been made with the Government of the Virgin Islands with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
b
it is expedient that those arrangements should have effect.
Double taxation arrangements to have effect
3
It is also declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Agreement set out in Part 3 of that Schedule have been made with the Government of the Virgin Islands with a view to affording relief from double taxation in relation to United Kingdom income tax and taxes of a similar character imposed by the laws of either party; and
b
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2009 and come into force on 1st January 2010.
2
These Regulations apply in relation to England.
Amendments to the Education (School Teachers’ Qualifications) (England) Regulations 2003
3
Schedule 2 to The Education (School Teachers’ Qualifications) (England) Regulations 2003 is amended as follows.
4
In paragraph 5, for “is registered” substitute “has full registration”.
5
For paragraph 6, substitute —
6
The person —
a
has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office or by the General Teaching Council for Northern Ireland, that confirmation not having been subsequently withdrawn, and
b
has undertaken a period of not less than sixty days practical teaching experience at an educational institution in Northern Ireland.
.
6
In sub-paragraph (c) of paragraph 7, after “England” insert “, or in a school administered by Service Children’s Education ”.
7
After paragraph 7, insert —
7A
The person —
a
holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;
b
is assessed by an accredited institution as meeting such criteria as may from time to time be specified by the Secretary of State; and
c
has undertaken a period of practical teaching experience such that the person is assessed by the accredited institution as meeting the specified standards.
.
8
In paragraph 11 —
a
for “The States of Guernsey Education Council” wherever those words appear substitute “The States of Guernsey Education Department”; and
b
in sub-paragraph (3) —
i
at the end of paragraph (a), insert “and”;
ii
omit paragraph (b).
Vernon Coaker
Minister of State
Department for Children, Schools and Families
2nd December 2009


text:
Citation and Commencement
1
This Order may be cited as the Designs (Convention Countries) (Amendment) Order 2009 and shall come into force on 12th November 2009.
Amendment
2
1
The list of countries set out in the Schedule to the Designs (Convention Countries) Order 2007 is amended as follows.
2
Insert “Cape Verde” into the list of countries in proper alphabetical order.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 1) Order of Council 2009.
Appointed day
2
16th March 2009 is the day appointed for the coming into force of article 4 of, and Schedule 2 to, the Medical Profession (Miscellaneous Amendments) Order 2008.
Judith Simpson
Clerk of the Privy Council