text:
Citation and Commencement
1
This Order may be cited as the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 and comes into force on the thirty-fifth day after the day on which it is made.
Repeal of section 12 of the Education Act 1996
2
Section 12 of EA 1996 (local education authorities and their areas) is repealed.
Definitions for the purposes of the Education Act 1996
3
1
Section 579 of EA 1996 (interpretation) is amended in accordance with paragraphs (2) and (3).
2
In subsection (1) —
a
at the appropriate place insert —
“education functions” means the functions specified in Schedule 36A;
;
b
for the definition of “local authority” substitute —
“local authority” means —
a local authority in England;
a local authority in Wales;
“local authority in England” means —
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council; and
the Common Council of the City of London (in their capacity as a local authority);
“local authority in Wales” means —
a county council in Wales; and
a county borough council;
.
3
After subsection (4) insert the following —
4A
For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.
4
After Schedule 36 to EA 1996 insert the Schedule set out in Schedule 1 to this Order.
Amendment of section 65 of the Children Act 2004
4
1
Section 65(1) of the Children Act 2004 is amended as follows.
2
Omit the definitions of “children’s services authority in England” and “children’s services authority in Wales”.
3
At the appropriate place insert —
“local authority” means —
a local authority in England;
a local authority in Wales;
“local authority in England” means —
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London Borough council;
the Common Council of the City of London (in their capacity as a local authority);
the Council of the Isles of Scilly;
“local authority in Wales” means —
a county council in Wales;
a county borough council;
.
Consequential and connected amendments, repeals and transitional provisions
5
1
Schedule 2 (which contains consequential and connected amendments) has effect.
2
The enactments specified in the first column of Schedule 3 are repealed to the extent specified in the second column.
3
Schedule 4 (which contains transitional provisions) has effect.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
31st March 2010


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as “The Council of the City of York (Hungate Bridge) Scheme 2009 Confirmation Instrument 2010” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Council of the City of York (Hungate Bridge) Scheme 2009 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme as modified with its accompanying plans are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Guildhall, York, YO1 9QN.
Signed by authority of the Secretary of State for Transport
J Blackie
Regional Director
Government Office for the North East
24th May 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2010 and come into force on 1st September 2012.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“the 2004 Act ” means the Higher Education Act 2004;
“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;
“sandwich course” has the meaning given in regulation 2(10) of the Education (Student Support) Regulations 2009 .
Application of the new higher amount
3
The higher amounts prescribed in regulations 4 and 5 apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year of that course begins on or after 1st September 2012.
Prescribed higher amount from 1st September 2012
4
Subject to regulation 5, for the purpose of section 24 of the 2004 Act the higher amount is £9,000.
Prescribed higher amount for specified courses from 1st September 2012
5
For the purpose of section 24 of the 2004 Act the higher amount is £4,500 in the following cases —
a
the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
b
in respect of a sandwich course, an academic year —
i
during which any periods of full time study are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
c
in respect of a course provided in conjunction with an overseas institution, an academic year —
i
during which any periods of full time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
Amendment to the Student Fees (Amounts) (England) Regulations 2004
6
1
The Student Fees (Amounts) (England) Regulations 2004 are amended as follows —
2
After regulation 5 insert —
Application of regulations 4 and 5 from 1st September 2012
6
The higher amounts in regulations 4 and 5 do not apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year on that course begins on or after 1st September 2012.
.
Vince Cable
Secretary of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
22nd December 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 2009 (Commencement No. 1) Order 2010.
2
In this Order “ the Act ” means the Health Act 2009.
Appointed day - various
2
19th January 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
sections 1 to 7 ( NHS Constitution);
b
sections 11 to 13 (direct payments for health care) and Schedule 1 (direct payments: minor and consequential amendments);
c
section 15(1) (de-authorisation of NHS foundation trusts) for the purposes only of the Independent Regulator of NHS Foundation Trusts consulting on and publishing guidance in accordance with section 52C of the National Health Service Act 2006 ;
d
paragraphs 1 to 13 of Schedule 3 (NHS and other health appointments: suspension);
e
paragraphs 18 and 19 of Schedule 3 except in so far as they relate to amendments of the National Health Service (Wales) Act 2006 ;
f
section 19 in so far as it relates to the paragraphs of Schedule 3 as referred to in paragraphs (d) and (e);
g
section 33 (private patient income of mental health foundation trusts); and
h
section 36 (disclosure of information by Her Majesty’s Revenue and Customs).
Appointed day for provisions relating to trust special administrators
3
15th February 2010 is the day appointed for the coming into force of the following provisions of the Act
a
sections 16 and 17 (trust special administrators);
b
section 18 (trust special administrators: consequential amendments) except in relation to any references to section 52B, 52C, 52D or 52E of the National Health Service Act 2006 in subsections (5), (8), (9) or (12);
c
Schedule 2 (de-authorised foundation trusts), and section 15(2) in so far as it relates to that Schedule, except in relation to the references to section 52D of the National Health Service Act 2006 in paragraphs 1(1) and 4(1).
Appointed day for provisions relating to quality accounts
4
1st April 2010 is the day appointed for the coming into force of sections 8 to 10 of the Act (quality accounts) in so far as not already in force .
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
7th January 2010


text:
Title, application and commencement
1
This Order may be cited as the Animal Gatherings Order 2010, applies in England and comes into force on 18th March 2010.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” means any area on the licensed premises to which animals may be given access at an animal gathering;
“animal gathering” means an occasion at which animals are gathered for one or more of the following purposes —
a sale, show or exhibition,
collection for onward consignment within Great Britain,
inspection to confirm the animals possess specific breed characteristics;
“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 2007 ;
“equipment” includes pens and hurdles;
“licensed premises” means premises licensed under article 5(1);
“licensee” is a person licensed under article 5(1);
“paved” means paved with cement, concrete, asphalt or other hard impermeable material that is capable of being effectively cleansed and disinfected.
Notices and licences
3
A notice, licence or authorisation issued by a veterinary inspector under this Order —
a
must be in writing;
b
may be amended, suspended or revoked; and
c
may be subject to such conditions and requirements as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
Exceptions
4
This Order does not apply in any of the following situations —
a
where all the animals brought to the animal gathering are owned by the same person;
b
all the animals come from one set of premises which the Secretary of State has authorised as a sole occupancy group under the Disease Control (England) Order 2003 ; or
c
the animal gathering takes place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings
5
1
No person may use any premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
An application for a licence must be in writing.
3
A licence must include —
a
the name of the licensee;
b
the premises on which the animal gathering may take place; and
c
particulars that identify the animal area.
Restriction for 27 days between animal gatherings
6
No person may allow an animal gathering to take place on licensed premises on which animals have been kept until 27 days has elapsed from the day on which —
a
the last animal has left the licensed premises; and
b
all equipment to which animals had access has been cleansed of visible contamination, after the last animal has left the licensed premises.
Exemption from the 27-day restriction for licensed premises with any paved animal area
7
1
The restriction in article 6 does not apply where all animal areas on the licensed premises are paved, and such areas (and any equipment thereon) are scraped clean, swept, cleansed by washing and then disinfected with an approved disinfectant before the next animal gathering.
2
The scraping, sweeping, cleansing and disinfection required in paragraph (1) must —
a
only commence once animals have left that area being so treated, and
b
be completed after the last animal has left the licensed premises.
3
A veterinary inspector may issue an authorisation to a licensee to hold an animal gathering that is exempt from the article 6 restriction subject to requirements that are different from those contained in paragraphs (1) and (2).
4
If, following the last occasion on which any paved animal area was treated in accordance with this article, any part of such area becomes re-contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then that re-contaminated part must be scraped clean, swept, cleansed by washing and then disinfected before any animals are allowed onto the licensed premises for the next animal gathering.
Destruction, treatment or disposal of feeding stuffs and other materials
8
1
The licensee must ensure that all feeding stuffs to which animals had access, and all bedding, animal excreta, other material of animal origin and other contaminants derived from animals in the animal area are —
a
destroyed,
b
treated so as to remove the risk of transmission of disease, or
c
disposed of so that animals do not have access to them.
2
This article does not apply to any material required to be disposed of under the Animal By-Products Regulations 2005 .
Admittance of animals only for a period of up to 48 hours
9
1
No person may bring or permit any animal onto premises used for an animal gathering after the gathering has been open to receive animals for a period of 48 hours.
2
A veterinary inspector may by notice extend the period when animals may be permitted to enter an animal gathering.
3
For the purpose of this article, where more than one animal gathering is held on the same licensed premises and animals are present at all times on that premises during such gatherings, those gatherings are to be treated as one animal gathering, and the 48-hour period for the premises being open to receive animals shall apply.
Requirement to notify and publicise the times for bringing animals to animal gatherings
10
In the case of any animal gathering to be used for the purpose of a sale (whether or not sale is the sole purpose) or a collection, the licensee must at least 14 days in advance —
a
publicise the times when the licensed premises will be open to receive animals and the purpose (including a sale or collection identified in article 11 if appropriate) of the animal gathering; and
b
notify this information to both the Secretary of State and the local authority.
Dedicated slaughter sales and dedicated slaughter collections
11
1
No person may hold a dedicated slaughter sale or a dedicated slaughter collection other than on a paved animal area.
2
No person may hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.
3
In this article —
a
a “dedicated slaughter collection” means an animal gathering for the purpose of onward consignment direct to slaughter in Great Britain; and
b
a “dedicated slaughter sale” means an animal gathering for the purpose of a sale before onward consignment direct to slaughter in Great Britain.
Restrictions following an animal gathering
12
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person may allow animals onto that premises for any purpose until all equipment to which animals had access during an animal gathering has been cleansed of visible contamination.
3
Following an animal gathering a person may only remove from the licensed premises any equipment to which animals had access if —
a
the equipment has been scraped clean, swept, cleansed by washing and then disinfected with an approved disinfectant; or
b
a period of 27 days has elapsed since the last animal has left the licensed premises.
4
Where there is no appropriate facility to properly cleanse and disinfect the equipment on the licensed premises in accordance with the requirement in paragraph 3(a) then the equipment may be moved to the nearest appropriate facility where it must be cleansed and disinfected.
Enforcement
13
1
This Order must be enforced by the local authority.
2
The Secretary of State may direct that, in relation to cases of a particular description or any particular case, an enforcement duty imposed on a local authority under this article is to be discharged by the Secretary of State and not by the local authority.
Revocation and transitional arrangement for existing licences
14
1
The Animal Gatherings (England) Order 2006 is revoked.
2
A licence granted under that Order which was in force immediately before the coming into force of this Order will be treated as a licence granted under article 5(1).
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
24th February 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pharmacy Order 2010 (Commencement No. 2) Order of Council 2010 and comes into force on 27th September 2010.
2
In this Order, “ the Order ” means the Pharmacy Order 2010.
Appointed day
2
1
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Order which are specified in the Schedule is 27th September 2010.
2
The day appointed for the coming into force of —
a
paragraphs (6) to (10) of article 24 of the Order; and
b
paragraph (2) of article 40 of the Order, in so far as it relates to paragraphs (6) to (10) of article 24 of the Order,
is 4th January 2011.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Police Pensions (Descriptions of Service) Order 2010.
2
This Order shall come into force on 15th April 2010.
Amendment to the Police Pensions Act 1976
2
1
The Police Pensions Act 1976 is amended as follows.
2
In section 7(2) (persons eligible for police pensions) , before paragraph (d) insert —
ch
the Chief Inspector of the UK Border Agency;
.
3
In section 11 (interpretation) —
a
in subsection (1) (references to membership of a police force etc ), before paragraph (c) insert —
bh
service as the Chief Inspector of the UK Border Agency;
;
b
in subsection (2) (meaning of “police authority”), in paragraph (b), after “(b)” insert “, (bh)”;
c
in subsection (3) (meaning of “police force”) —
i
in paragraph (b), before “(b)” insert “(bh),”;
ii
after “serving” insert “or, in the case of service such as is mentioned in subsection (1)(bh), the department of the Secretary of State”;
d
after subsection (7) insert —
8
References in this Act to the Chief Inspector of the UK Border Agency, and to service as such, have effect only in relation to cases in which the person in question —
a
has held the office of constable, and
b
immediately before the appointment as Chief Inspector took effect, was serving as a member of a police force (whether or not as a constable).
.
Home Office
David Hanson
Minister of State
21st March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended as follows.
2
In Regulation 60(1)(b)(payment of a guaranteed minimum pension as a lump sum) —
a
omit “permitted either”,
b
in sub-paragraphs (i) and (ii), insert at the beginning “permitted”,
c
in sub-paragraph (i), omit (cc), and
d
at the end insert —
; or
iii
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”)), is a payment that is described in Part 2 of the 2009 Regulations and is made to or in respect of a member.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
3
1
The Occupational Pension Schemes (Scheme Administration) Regulations 1996 are amended as follows.
2
In regulation 3 (exemptions from the professional advisers requirements) —
a
omit paragraph (1)(j), and
b
in paragraph (2)(b)(i) , omit “(j),”.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
4
1
The Occupational Pension Schemes (Winding Up) Regulations 1996 are amended as follows.
2
For regulation 1(5) (interpretation) substitute —
5
References in these Regulations to BAS standards are to guidance or standards adopted or prepared, and from time to time revised, by the Board for Actuarial Standards, which are relevant to the determination, calculation and verification of the amount or value of the liabilities of the scheme to which section 73 applies.
.
3
In regulation 4(1)(d)(calculation of the value or amount of scheme assets and liabilities) , for “the guidance given in GN19, so far as that guidance applies for the purposes of these Regulations” substitute “any relevant BAS standards”.
Amendment of the Pension Sharing (Valuation) Regulations 2000
5
1
The Pension Sharing (Valuation) Regulations 2000 are amended as follows.
2
In regulation 3 (calculation and verification of cash equivalents for the purposes of the creation of pension debits and credits) —
a
in paragraph (a), for “regulations 4 and 5” substitute “regulation 4”, and
b
in paragraph (b), for “regulations 6 and 7” substitute “regulations 5 and 7”.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005
6
1
The Occupational Pension Schemes (Scheme Funding) Regulations 2005 are amended as follows.
2
For regulation 15 (guidance relating to actuarial advice) substitute —
Guidance relating to actuarial advice
15
When advising the trustees or managers of a scheme on any of the matters specified in section 230(1) of the 2004 Act, the actuary shall have regard to any guidance or standards adopted or prepared, and from time to time revised, by the Board for Actuarial Standards which are relevant to the matters specified in that section.
.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
7
1
The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 are amended as follows.
2
In regulation 8(3) (listed changes: occupational pension schemes), at the end insert —
e
to change what elements of pay constitute pensionable earnings, or to change the proportion of or limit the amount of any element of pay that forms part of pensionable earnings, for or in respect of members or members of a particular description.
.
3
After regulation 8(4) insert —
5
“Pensionable earnings” means the earnings by reference to which pension benefits are calculated, and an “element of pay” includes basic salary, a pay rise, an overtime payment, and a bonus payment.
.
Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006
8
1
The Occupational Pension Schemes (Modification of Schemes) Regulations 2006 are amended as follows.
2
After regulation 6, insert the following regulation —
Modification of Schemes: the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2009
6A
1
Paragraph (2) applies where any power to amend the rules of an existing trust scheme, as those rules stood immediately before 6 th April 2006, is subject to the agreement, consent, approval of, or confirmation of continued approval of the scheme by —
a
the Inland Revenue, the Board of Inland Revenue, the Commissioners of Inland Revenue, or any officer of any of them (whether referred to as such or by reference to another title), or
b
Her Majesty’s Revenue and Customs, the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
2
Where this paragraph applies, the trustees of a trust scheme may by resolution modify the power of amendment mentioned in paragraph (1) so as to remove that requirement for agreement, consent, approval, or confirmation of continued approval.
3
Paragraph (4) applies where (apart from this regulation) the trustees of an existing trust scheme do not have power to make such alterations to the scheme as may be required to remove any requirement in the scheme rules, as they stood immediately before 6 th April 2006, for the agreement, consent, approval of or confirmation of continued approval of the scheme by any of the bodies or persons mentioned in sub-paragraphs (1)(a) and (b).
4
Where this paragraph applies, the trustees of a trust scheme may by resolution amend the rules of the scheme so as to remove that requirement for agreement, consent, approval or confirmation of continued approval.
Signed by the authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
25th February 2010


text:
Citation and commencement
1
1
This Order may be cited as the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.
2
This Order shall come into force on 6th April 2010 other than paragraphs 4 and 5 of the Schedule which shall come into force on 1st October 2010.
Interpretation
2
In this Order —
“ the Act ” means the Licensing Act 2003;
“anti-social behaviour” has the meaning given in section 36 of the Anti-social Behaviour Act 2003 ;
“disability” has the meaning given in section 1 of the Disability Discrimination Act 1995 ;
“relevant premises” has the meaning given in paragraphs (a) and (b) of the definition in section 159 of the Act;
“responsible person” has the meaning given in paragraphs (a) and (b) of the definition in section 153(4) of the Act.
Mandatory conditions
3
1
Subject to paragraph (3), in relation to an existing or future relevant premises licence, the conditions set out in the Schedule are specified for the purposes of section 19(4) of the Act (mandatory conditions where licence authorises supply of alcohol).
2
Subject to paragraph (3), in relation to an existing or future relevant club premises certificate, the conditions set out in the Schedule are specified for the purposes of section 73A of the Act (mandatory conditions relating to the supply of alcohol to members or guests).
3
The conditions in paragraphs 1 to 3 and 5 of the Schedule do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises.
Alan Campbell
Parliamentary Under Secretary of State
Home Office
16th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham Hospital National Health Service Trust (Change of Name) Order 2010 and shall come into force on 1st January 2011.
2
In this Order —
“the Establishment Order ” means the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Lewisham Healthcare National Health Service Trust instead of the Lewisham Hospital National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order for “Hospital” substitute “Healthcare”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th December 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2010 and shall come into force on 14th April 2010.
2
These Regulations shall have effect in relation to manufactured overseas dividends made or treated as made on or after that day.
Amendments to the Income Tax (Manufactured Overseas Dividends) Regulations 1993
2
The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
Amendment of regulation 2 (interpretation)
3
In regulation 2 (interpretation), in paragraph (1) after the definition of “gross amount of the manufactured overseas dividend” insert —
“gross amount of the overseas dividend” has the meaning given by —
section 589(4) of the Income Tax Act 2007 for income tax purposes, and
section 813(3) of the Corporation Tax Act 2010 for corporation tax purposes;
.
Amendment of regulation 6A (reduction of tax payable under paragraph 4(3) of Schedule 23A)
4
In regulation 6A (reduction of tax payable under paragraph 4(3) of Schedule 23A) in paragraph (6) omit “, other than relief given by virtue of section 811 of that Act,”.
Amendment of regulation 9 (offsetting of tax by overseas dividend manufacturers)
5
1
Amend regulation 9 (offsetting of tax by overseas dividend manufacturers) as follows.
2
In paragraph (1), at the end insert —
This is subject to regulation 9ZA.
.
3
For paragraph (4B) substitute —
4B
Where —
a
overseas dividends or manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period fall to be matched, in accordance with regulation 10(1), against manufactured overseas dividends to which regulation 3(6), 5 or 5A applies that are paid by him in that period, and
b
the gross amount of the overseas dividends or the manufactured overseas dividends is brought into account by the overseas dividend manufacturer as income for the purposes of income tax or corporation tax for that period,
relief under section 112 of the Taxation (International and Other Provisions) Act 2010 (deduction from income for foreign tax (instead of credit against UK tax)) shall be given to the overseas dividend manufacturer in respect of any tax referred to in paragraph (1A) that is attributable to those overseas dividends or manufactured overseas dividends received.
.
Insertion of new regulation 9ZA
6
After regulation 9 insert —
Entitlement to offsetting
9ZA
1
There shall be no entitlement to set off under regulation 9(1) in relation to overseas dividends or manufactured overseas dividends received by an overseas dividend manufacturer in any chargeable period if —
a
the overseas dividends or the manufactured overseas dividends do not fall to be matched, in accordance with regulation 10(1), against manufactured overseas dividends paid by the overseas dividend manufacturer in that period, and
b
the gross amount of the overseas dividends or manufactured overseas dividends is not brought into account in accordance with generally accepted accounting practice by the overseas dividend manufacturer as income for the purposes of income tax or corporation tax for that period.
This is subject to paragraph (2).
2
Paragraph (1) does not apply if the overseas dividend manufacturer elects to bring into account the gross amount of the overseas dividends or manufactured overseas dividends received in any chargeable period as income for the purpose of calculating his liability to income tax or corporation tax for that period.
3
An election under paragraph (2) —
a
must be made in writing to Her Majesty’s Revenue and Customs,
b
applies in relation to overseas dividends and manufactured overseas dividends received in the chargeable period in which the election is made and in subsequent periods, and
c
may be revoked by notice in writing to Her Majesty’s Revenue and Customs with effect from the chargeable period in which the notice is given.
.
Amendment of regulation 9A (offsetting of tax by overseas dividend manufacturers who are not United Kingdom intermediaries)
7
In regulation 9A (offsetting of tax by overseas dividend manufacturers who are not United Kingdom intermediaries) after paragraph (2B) insert —
2C
But paragraph (2B) only applies to a case where the gross amount of the overseas dividends or, as the case may be, the manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period is brought into account as income for the purposes of income tax or corporation tax for that period.
.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010


text:
The General Medical Council (Registration Appeals Panels Procedure) Rules Order of Council 2005 is hereby revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, extent, application and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No.15, Consequential Amendments and Transitional and Savings Provisions) Order 2010, and —
a
this article and articles 2 to 4, 6, 11, 13 and 14 come into force on 1st April 2010;
b
article 5 comes into force on 1st August 2010;
c
articles 7 to 10, together with Schedules 1 and 2, come into force on 6th April 2010; and
d
article 12 comes into force on 19th April 2010.
2
This article and Part 3 extend to England and Wales, Scotland and Northern Ireland (but, by virtue of section 169(6) of the 2008 Act , the repeals commenced by virtue of article 4(1)(b) and (2)(c) have the same extent as the provisions repealed).
3
Parts 1, 5 and 6 extend to England and Wales, but Part 5 applies in relation to England only.
4
As regards article 3 —
a
paragraph (a) extends to England and Wales and Scotland only; and
b
paragraphs (b) to (d) extend to England and Wales only.
5
As regards Part 4 —
a
subject to paragraph (6), articles 6 and 7 extend to England and Wales but apply in relation to England only;
b
paragraphs 1 and 2 of Schedule 1, together with article 8 in so far as it relates to those paragraphs, extend to England and Wales but apply in relation to England only;
c
paragraph 3 of Schedule 1, together with article 8 in so far as it relates to that paragraph, extend to England and Wales, Scotland and Northern Ireland, but apply in relation to England, Scotland and Northern Ireland only; and
d
article 9, together with Schedule 2, extend to England and Wales but apply in relation to England only.
6
The extent of any amendment or repeal commenced by article 6 is the same as the extent of the enactment amended or repealed, but does not apply in relation to Wales.
7
In this Order —
a
“the 1984 Act ” means the Public Health (Control of Disease) Act 1984 ; and
b
“the 2008 Act” means the Health and Social Care Act 2008.
PART 1 Provisions relating to funding of expenditure in connection with the provision of pharmaceutical services
Appointed day for provisions relating to funding of expenditure in connection with the provision of pharmaceutical services
2
1st April 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act —
a
section 140, in so far as it relates to Part 1 of Schedule 12;
b
section 166, in so far as it relates to the repeals mentioned in paragraph (d);
c
Part 1 of Schedule 12; and
d
the repeals included in Part 4 of Schedule 15 that relate to sections 228 to 230 of, and Schedule 14 to, the National Health Service Act 2006 .
PART 2 Provisions relating to responsible officers and the conduct and performance of medical practitioners and other health care workers
Appointed day for provisions relating to responsible officers and the conduct and performance of medical practitioners and other health care workers
3
1st April 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act —
a
section 119 (except in so far as it relates to Northern Ireland);
b
section 120 (except in so far as it relates to Northern Ireland);
c
section 121; and
d
122 (except in so far as it relates to Northern Ireland).
PART 3 Provisions relating to the dissolution of the Hearing Aid Council
Appointed day for provisions relating to the dissolution of the Hearing Aid Council
4
1
1st April 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act―
a
section 123(2);
b
section 166, in so far as it relates to the provisions of Part 2 of Schedule 15 commenced by sub-paragraph (c); and
c
the entries in Part 2 of Schedule 15 relating to the 1968 Act , the Extension Act and the Amendment Act ,
except in so far as relating to sections 1(1) and (7) and 12 of, and the Schedule to, the 1968 Act.
2
1st August 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act —
a
section 123(1);
b
section 123(2), in so far as not already in force;
c
section 166, in so far as it relates to the provisions of Part 2 of Schedule 15 commenced by sub-paragraph (d); and
d
the entries in Part 2 of Schedule 15 relating to —
i
the 1968 Act, in so far as not already in force,
ii
the Extension Act, in so far as not already in force,
iii
the Supreme Court Act 1981 ,
iv
the Amendment Act, in so far as not already in force,
v
the Courts and Legal Services Act 1990 ,
vi
the Value Added Tax Act 1994 ,
vii
the Freedom of Information Act 2000 ,
viii
the Income Tax (Earnings and Pensions) Act 2003 , and
ix
the Constitutional Reform Act 2005 .
3
In this article―
a
“the 1968 Act” means the Hearing Aid Council Act 1968 ;
b
“the Extension Act” means the Hearing Aid Council (Extension) Act 1975 ; and
c
“the Amendment Act” means the Hearing Aid Council (Amendment) Act 1989 .
Amendment consequential on abolition of the Hearing Aid Council
5
Article 2 of the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2004 is omitted.
PART 4 Provisions relating to public health protection
Appointed day for provisions relating to public health protection
6
6th April 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act —
a
section 129, in so far as not already in force;
b
section 130(1), except in so far as it relates to sections 13 to 15 and 76 of the 1984 Act ceasing to have effect;
c
section 130(2);
d
section 166, in so far as it relates to the provisions of Part 3 of Schedule 15 commenced by paragraph (f);
e
Schedule 11; and
f
Part 3 of Schedule 15, except in so far as it relates to the repeal of sections 13 to 15 and 76 of the 1984 Act.
Revocation in relation to public health protection
7
Regulations 12 and 13 of the Canal Boats Regulations 1878 are revoked.
Consequential amendments in relation to public health protection
8
The consequential amendments to enactments set out in Schedule 1 have effect.
Transitional and savings provisions in relation to public health protection
9
The transitional and savings provisions set out in Schedule 2 have effect.
Disapplication of section 121(4) of the Magistrates’ Courts Act 1980
10
An application for an order under Part 2A of the 1984 Act (public health protection) may be heard by a magistrates’ court otherwise than in open court (and accordingly section 121(4) of the Magistrates’ Courts Act 1980 (constitution and place of sitting of court) shall not apply to such an application).
PART 5 Provisions relating to ordinary residence for certain purposes of the National Assistance Act 1948 etc.
Appointed day for provisions relating to ordinary residence for certain purposes relating to social care
11
19th April 2010 is the day appointed for the coming into force of section 148 of the 2008 Act.
Transitional provision relating to ordinary residence for certain purposes relating to social care
12
1
The amendments made to section 24 of the National Assistance Act 1948 (authority liable for provision of accommodation) by section 148(1) of the 2008 Act do not have effect in relation to a person for whom non-hospital NHS accommodation is being provided immediately before the appointed day, for as long as the provision of that accommodation continues.
2
For these purposes, “non-hospital NHS accommodation” is NHS accommodation that is elsewhere than at a hospital vested in —
a
the Secretary of State;
b
a Primary Care Trust;
c
a Local Health Board;
d
a National Health Service trust; or
e
an NHS foundation trust.
3
The amendments made to section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services) by section 148(3) of the 2008 Act do not have effect in relation to a question arising under that section 2 as to a person’s ordinary residence in a case where, on the appointed day, that question is the subject of court proceedings.
4
In this article —
“appointed day” means the day appointed under article 11; and
“NHS accommodation” has the meaning given by section 24(6A) of the National Assistance Act 1948 .
PART 6 Provisions relating to Primary Care Trusts, standards of NHS care and the Care Quality Commission
Appointed day for provisions relating to Primary Care Trusts and standards of NHS care
13
1st April 2010 is the day appointed for the coming into force of the following provisions of the 2008 Act―
a
section 45;
b
section 95, in so far as it relates to the paragraphs of Schedule 5 listed in paragraph (e);
c
section 139;
d
section 166, in so far as it relates to the repeal in Schedule 15 commenced by paragraph (f);
e
paragraphs 37 and 38 of Schedule 5; and
f
Part 1 of Schedule 15 insofar as it relates to section 46 of the Health and Social Care (Community Health and Standards) Act 2003 .
Amendment of the Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009
14
In the Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 ―
a
in article 13 (transitory provisions relating to the Health Protection Agency), for “31st March 2010” substitute “30th September 2010”; and
b
in paragraph 1 of Schedule 2 (transitory provision in relation to functions of the CHAI and the CSCI under the 2000 Act), for “the date for the coming into force of the repeals of the 2000 Act relating to the provisions of that Act listed in paragraph 36(a) of Schedule 1” substitute “30th September 2010”.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
9th March 2010


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 and shall come into force on the day after the day on which they are made.
2
The Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2009 (“the former Regulations”) are revoked.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“the 2009 Act ” means the Banking Act 2009 ;
“actual account” has the meaning set out in paragraph 7 of Schedule 1;
“banking institution” means —
a bank (within the meaning of section 2 of the 2009 Act),
a building society (within the meaning of section 119 of the Building Societies Act 1986 ),
a holding company (within the meaning of section 82 of the 2009 Act), or
if an order has been made under section 89 of the 2009 Act applying Part 1 of that Act to credit unions (within the meaning of section 31 of the Credit Unions Act 1979 or, in Northern Ireland, Article 2 of the Credit Unions (Northern Ireland) Order 1985 ), a credit union;
“court” means the High Court or the Court of Session;
“determination notice” has the meaning set out in regulation 13(5);
“eligible expenses” has the meaning set out in regulation 3;
“expenses account” has the meaning set out in paragraph 1 of Schedule 1;
“final notification” has the meaning set out in regulation 10 where the scheme manager has not made an interim payment, and in regulation 11 where it has;
“further notification” has the meaning set out in regulation 5(1);
“information notice” has the meaning set out in regulation 9(4);
“initial notification” has the meaning set out in regulation 4(1);
“interim payment” has the meaning set out in regulation 9(1);
“net cost of resolution” has the meaning set out in paragraph 6 of Schedule 1;
“notified rate” has the meaning set out in regulation 4(2)(f);
“notional account” has the meaning set out in paragraph 7 of Schedule 1;
“other person” has the meaning set out in regulation 4(2)(d);
“reconsidered determination notice” has the meaning set out in regulation 14(3);
“recoveries account” has the meaning set out in paragraph 1 of Schedule 1;
“relevant time” means the time at which a stabilisation power takes effect in respect of a banking institution and, if more than one stabilisation power is exercised, means the time at which the first stabilisation power so exercised takes effect;
“resolution” means the exercise of a stabilisation power;
“scheme” means the compensation scheme;
“scheme manager’s limit” has the meaning set out in regulation 8(1);
“stabilisation power” means one of the stabilisation powers referred to in section 1(4) of the 2009 Act and a reference to the exercise of a stabilisation power includes the exercise of more than one stabilisation power in respect of or in connection with the same banking institution;
“total cost of interim payments” has the meaning set out in paragraph 19 of Schedule 1;
“voluntary interim payment” has the meaning set out in regulation 9(2); and
“voluntary payment notice” has the meaning given in regulation 9(8).
2
Any reference in these Regulations to sections 214B, 214C or 214D are to those sections of the Act.
3
A requirement under these Regulations to give a notice (or to notify) is a requirement to give notice in writing and, for that purpose, a message sent by facsimile transmission or electronic mail shall be treated as notice given in writing.
Eligible expenses
3
The descriptions of expenses in respect of which the Treasury may require the scheme manager to make payments under section 214B(2) (“eligible expenses”) are —
a
expenses incurred in connection with the transfer of property, rights or liabilities of the banking institution under a stabilisation power;
b
payments made to a bank administrator in connection with the pursuit of Objective 1 in respect of the banking institution (and “bank administrator” and “Objective 1” have the meanings given in sections 141 and 138 of the 2009 Act respectively);
c
expenses incurred in connection with taking the banking institution into temporary public ownership in accordance with sections 13 or 82 of the 2009 Act; and
d
expenses incurred in connection with the appointment of —
i
an independent valuer in accordance with an order made under section 54 of the 2009 Act,
ii
a valuer under section 214D(3), or
iii
a person to perform the verification under regulation 12.
Initial notification
4
1
If the scheme manager is to be required by the Treasury to make payments under section 214B(2), the Treasury shall notify the scheme manager (“the initial notification”) as soon as is reasonably practicable after the exercise of the stabilisation power.
2
The initial notification shall include —
a
the name and address of the banking institution in respect or in connection with which the stabilisation power has been exercised;
b
a statement that the Treasury think that the banking institution was, or was likely to have been, or but for the exercise of the stabilisation power, would have become, unable to satisfy claims against it;
c
details of the stabilisation power exercised, when it was exercised and the identity of the transferee (if any);
d
the eligible expenses incurred, or an estimate of those expected to be incurred, by the Treasury or any other person other than the scheme manager (“the other person”) and an estimate of any recoveries the Treasury or the other person expect to make in respect of the banking institution;
e
if —
i
a payment is required immediately from the scheme manager, a demand for that payment setting out the amount as calculated in accordance with regulation 9, and when and to whom the payment is due, or
ii
if a payment is not required immediately from the scheme manager, an estimate as to when the scheme manager is likely to be required to make a payment or a date before which a payment will not be required;
f
the interest rate (“the notified rate”) which applies for the purposes of regulations 10(4), 11(3) or (4), and the accounts kept in accordance with Schedule 1;
g
information as to —
i
how the notified rate is to be calculated: whether this is to be a fixed rate, or a floating rate dependent on an underlying rate (and, if so, information as to this underlying rate), and
ii
the period or successive periods for which the notified rate shall apply;
h
any specified principles, methods or matters which the scheme manager will be required to apply, use or take into account when making its determinations under section 214D(2); and
i
any further information that the Treasury consider necessary in respect of the payments to be made.
3
No change can be made to the notified rate under paragraph (2)(f), or to the basis on which it is calculated, before the end of the period or periods notified.
4
A failure to include any of the information in paragraph (2) in the initial notification does not render that notification invalid.
Further notification
5
1
Where an initial notification has been sent to the scheme manager, the Treasury must send a further notification (“further notification”) to the scheme manager as soon as reasonably practicable if at any time before the Treasury issue a final notification —
a
further expenses have been incurred by the Treasury or the other person in connection with the exercise of the stabilisation power;
b
recoveries have been made by the Treasury or the other person in respect of the banking institution;
c
there is a change in the notified rate or basis for calculating the notified rate (and the further notification shall set out the period or periods for which this new rate is to apply); or
d
the Treasury expect a material change to the level of expenses expected to be incurred or recoveries expected to be made from that previously notified,
updating the information contained in the initial notification where relevant.
2
A further notification must also be sent to the scheme manager where, at any time after the initial notification, the Treasury require the scheme manager to make an interim payment and the requirement for the interim payment was not included in the initial notification.
3
A further notification under paragraph (2) shall set out the amount of the payment required (as calculated in accordance with regulation 9), and when and to whom it is due.
The scheme manager’s expenditure
6
1
Following receipt of the initial notification under regulation 4, the scheme manager shall —
a
make the determinations required by section 214D(2); and
b
keep a record of —
i
actual expenditure incurred by the scheme manager in respect of the banking institution, including a record of when the scheme manager incurs that expenditure; and
ii
any recoveries made by the scheme manager in respect of the actual expenditure, including a record of when such recoveries are made.
2
Once the scheme manager has made the determinations under section 214D(2), and is satisfied that, to the best of its knowledge, it will not incur any further actual expenses nor make any further recoveries, the scheme manager will notify the determinations to the Treasury together with the record of the actual expenditure.
Calculation of the net cost of resolution
7
Following the sending of the initial notification to the scheme manager, the Treasury shall keep the accounts specified in Part 1 of Schedule 1.
Calculation of the scheme manager’s limit
8
1
On receipt of —
a
the determinations of the scheme manager and the record of actual expenditure under regulation 6(2);
b
the determinations or reconsidered determinations of the valuer under regulations 13 and 14; and
c
an acknowledgement from the scheme manager that it does not intend to —
i
require the valuer to reconsider the determinations under regulation 14(1),
ii
refer the valuer’s reconsidered determination to the Tribunal under regulation 14(5), or
iii
make a reference to the Tribunal under regulation 15 or appeal any determination of the Tribunal,
the Treasury shall determine the limit of the amount of special resolution regime payments that can be required to be made under section 214B(2) in accordance with section 214C(1) (“the scheme manager’s limit”) using the methodology set out in Part 2 of Schedule 1.
2
The Treasury may assume that the scheme manager does not have the intention referred to in paragraph (1)(c) if the Treasury have asked the scheme manager for an acknowledgement, 14 days have passed and the scheme manager has not indicated anything to the contrary.
Interim payment
9
1
The Treasury may require the scheme manager to make a payment (“an interim payment”) in respect of the banking institution before —
a
any verification takes place in accordance with regulation 12; or
b
before the limit imposed by section 214C is calculated under regulation 8.
2
The scheme manager may make an interim payment voluntarily (“a voluntary interim payment”) in accordance with the provisions of this regulation.
3
The total amount of interim payments made by the scheme manager must not be such as to give rise to an expectation that an amount will be required to be repaid to the scheme manager (once the accounts kept in accordance with Schedule 1 have been verified in accordance with regulation 12, and the Treasury have received the valuer’s determination under section 214D(3).
4
Before sending a notification under regulation 4 or 5 requiring an interim payment, the Treasury must send the scheme manager an information notice (“information notice”) which requires the scheme manager to provide estimates —
a
of the determinations it will make under section 214D(2); and
b
of the actual expenditure it expects to incur in respect of the banking institution, including when this is likely to be incurred, and the amount (and timing) of any recoveries in respect of those expenses,
and shall set out the time by which the scheme manager must respond to the notice.
5
An information notice may be sent to the scheme manager before the resolution takes place.
6
On receipt of the information notice, the scheme manager may request any necessary information from the Treasury and the Treasury shall respond to such a request promptly.
7
On receipt of the information —
a
using the notified rate (or the intended notified rate as the case may be); and
b
estimating —
i
the amount that would have been likely, at the time when the stabilisation power was exercised to be recovered by the scheme manager, and
ii
the time or times at which the amount would have been likely to have been recovered,
the Treasury shall establish, using the methods set out in Schedule 1, the maximum amount of interim payments that may be made by the scheme manager. The amount required in the notification under regulations 4 or 5 shall be subject to this maximum amount.
8
Where the scheme manager proposes to make a voluntary interim payment it must send the Treasury a notice (“voluntary payment notice”) which contains —
a
the date on which the scheme manager proposes to make the payment;
b
the amount it proposes to pay; and
c
the estimates required under paragraph (4)(a) and (b).
9
Before sending a voluntary payment notice, the scheme manager may request from the Treasury any information it considers necessary for the making of the estimates specified in paragraph (4)(a) and (b) and the Treasury shall respond to such a request promptly.
10
On receipt of a voluntary payment notice, using the procedure set out in paragraph (7), the Treasury shall establish the maximum amount of payments that the scheme manager may make under this regulation.
11
On establishing the maximum amount of payments in paragraph (10), the Treasury shall then determine whether–
a
to consent to the voluntary interim payment;
b
to consent to a voluntary interim payment of a different amount (which shall not be greater than that proposed by the scheme manager); or
c
not to consent to the voluntary interim payment,
and shall notify their determination to the scheme manager in writing.
12
The Treasury must not consent to a voluntary interim payment that exceeds the maximum amount established under paragraph (10).
13
The scheme manager shall not make a voluntary interim payment without the Treasury’s consent.
14
Where any interim payment is made, the Treasury shall keep the account specified in Part 3 of Schedule 1 to these Regulations.
Final notification (no interim payments)
10
1
This regulation applies where the scheme manager does not make any interim payments.
2
As soon as reasonably practicable after —
a
establishing —
i
the net cost of resolution in accordance with regulation 7, and
ii
the scheme manager’s limit in accordance with regulation 8, and
b
the undertaking of verification in accordance with regulation 12,
the Treasury shall send a final notification to the scheme manager setting out the amount of the payment due from the scheme manager and to whom that payment should be made.
3
The amount required from the scheme manager will be the lower of the net cost of resolution and the scheme manager’s limit.
4
Following receipt of the final notification, the scheme manager will pay the amount due, together with interest accruing on that amount at the notified rate from the date the final notification is sent until the date of payment.
Final notification (interim payments)
11
1
This regulation applies where the scheme manager has made an interim payment.
2
After —
a
the Treasury have established —
i
the net cost of resolution in accordance with regulation 7,
ii
the scheme manager’s limit in accordance with regulation 8, and
iii
the total cost of interim payments in accordance with regulation 9, and
b
verification in accordance with regulation 12,
the Treasury shall calculate the amount of any balancing payment due from the scheme manager or the Treasury in accordance with Part 4 of Schedule 1 and send a final notification to the scheme manager.
3
Where under the final notification a balancing payment is due from the scheme manager, the final notification shall set out to whom that payment should be made, and it shall be paid together with interest accruing on that amount at the notified rate from the date the final notification is sent until the date of payment.
4
Where under the final notification a balancing payment is due from the Treasury to the scheme manager, it shall be paid within 7 days together with interest accruing on that amount at the notified rate from the day the final notification is sent until the day of payment.
Independent verification
12
Before sending a final notification under regulation 10 or 11, the Treasury shall appoint an independent person to verify —
a
the accounts kept in accordance with Schedule 1; and
b
whether —
i
the expenses included in the expenses account are eligible expenses, and
ii
all recoveries made to date by the Treasury or the other person in respect of the banking institution have been included in the recoveries account.
Appointment and determinations of the valuer
13
1
Where the person appointed as valuer to make the determinations under section 214D(3) is not the same person as appointed in accordance with an order made under section 54 of the 2009 Act, Part 1 of Schedule 2 shall apply.
2
The Treasury may specify any principles, methods or matters to be applied, used or taken into account by the valuer when making the determinations under section 214D(3).
3
The valuer may —
a
do anything necessary or desirable for the purposes of or in connection with making the determinations, and
b
apply to the court for an order requiring the provision of information reasonably required for making the determinations in paragraph (1) (and, in that event, paragraph 11 of Schedule 2 shall apply).
4
Part 2 of Schedule 2 applies to information obtained by the valuer in connection with making the determinations.
5
When the valuer has made the determinations, the valuer shall give the scheme manager and the Treasury notice in writing (“the determination notice”).
6
The determination notice must contain the following information —
a
the date on which it is issued;
b
the determinations made by the valuer under section 214D(3); and
c
the assumptions and calculations relevant to those determinations.
7
The scheme manager may publish the determination notice on the scheme’s website or in such other way as the scheme manager thinks fit.
Reconsideration of the valuer’s determinations
14
1
If the scheme manager is or the Treasury are dissatisfied with the determination notice, either may require the valuer to reconsider the determinations.
2
The request must be made within 3 months of the date of the determination notice, set out the reasons for disputing either or both the determinations and be in writing.
3
Where the valuer is required to reconsider a determination, the valuer must give the Treasury and the scheme manger notice in writing of their reconsidered determination (“the reconsidered determination notice”).
4
The reconsidered determination notice must contain the information specified in regulation 13(6).
5
If the scheme manager is or the Treasury are dissatisfied with a reconsidered determination, either may refer it to the Tribunal .
6
If the Tribunal requires the valuer to redetermine a reconsidered determination, paragraphs (3), (4) and (7) will apply to any re-determination.
7
The scheme manager may publish the reconsidered determination notice on the scheme’s website or in such other way as the scheme manager thinks fit.
Other disputes that may be referred to the Tribunal
15
A reference may be made to the Tribunal by the Treasury or the scheme manager in order to resolve the following disputes arising under these Regulations —
a
a determination made by the scheme manager under section 214D(2);
b
a calculation made by the Treasury in connection with their functions under these Regulations; or
c
a dispute relating to the making of payments under these Regulations.
Proceedings before the Tribunal
16
Where a reference is made under regulation 14(5) or 15, Schedule 3 shall apply.
Payments made under these Regulations to constitute payment of compensation under the scheme
17
1
This regulation applies where the stabilisation power exercised in respect of the banking institution has resulted in a qualifying claimant having all or part of their protected deposits held by that institution (or, where the banking institution is a holding company, held by a subsidiary of that company) being transferred to a new entity.
2
For the purposes of the scheme (including the provisions in FEES 6 Chapter) —
a
any payments made by the scheme manager, under these Regulations, in respect of that banking institution, shall constitute payment of compensation to that claimant in respect of claims under the scheme against the banking institution (or as the case may be, the subsidiary) for the amount of their protected deposit transferred;
b
the banking institution, (or if the banking institution is a holding company, the subsidiary of that company holding protected deposits,) shall be deemed to be in default;
c
each qualifying claimant shall be deemed to have made an application for compensation in respect of the amount of their protected deposit transferred; and
d
each qualifying claimant shall be deemed to have accepted an offer of compensation made by the scheme manager and to have received payment for such compensation for that amount,
and accordingly, a qualifying claimant has no right to claim, and the scheme manager has no obligation to pay, any further compensation in respect of that amount.
3
For the purposes of this regulation —
a
where all or part of the business of a banking institution has been transferred to a bridge bank under section 12 of the 2009 Act, although a new entity for the purposes of paragraph (1), the bridge bank is to be treated as being the same banking institution as the institution in respect of which the stabilisation power was exercised;
b
where a banking institution is in temporary public ownership —
i
it shall be treated as a new entity for the purposes of paragraph (1), but
ii
when it ceases to be in temporary public ownership it shall be treated as a different banking institution.
4
In this regulation —
“COMP Sourcebook” means the Authority’s Compensation Sourcebook as amended from time to time, made by the Authority under the Act;
“eligible claimant” means a person who is eligible to make a claim under the scheme in respect of a deposit at a banking institution ;
“FEES 6 Chapter” means Chapter 6 (Financial Services Compensation Scheme Funding) of the Fees Manual as amended from time to time, made by the Authority under the Act;
“in default” means in default in accordance with rule 6.3.1. of the COMP Sourcebook;
“in temporary public ownership” means that a share transfer order has been made under, or in accordance with, section 13(2) of the 2009 Act and the banking institution is wholly owned by a nominee of the Treasury or a company wholly owned by the Treasury;
“qualifying claimant” means an eligible claimant who, if the banking institution were to have been in default immediately before the relevant time, would have had a claim against the banking institution, or in the case of a banking institution which is a holding company would have had a claim against one more of its subsidiary companies, in respect of a protected deposit; and
“protected deposit” means a protected deposit under the scheme held with the banking institution.
Transitional provision for previous notifications
18
1
This regulation applies where, before the coming into force of these Regulations, a notification has been made by the Treasury under regulation 4 of the former Regulations.
2
A notification (or where revised notifications have been sent, the most recent revised notification) under the former Regulations shall be treated as the initial notification in respect of the banking institution in accordance with regulation 4 of these Regulations.
3
The scheme manager’s assessment of Amount B under regulation 5(2) of the former Regulations shall be treated as its determination under section 214D(2)(a).
4
As soon as practicable after the coming into force of these Regulations, the Treasury will send an updating notification to the scheme manager setting out —
a
the total eligible expenses incurred to date in respect of the banking institution;
b
recoveries made to date by the Treasury or the other person in respect of the banking institution;
c
if —
i
the payment is required immediately from the scheme manager, a demand for that payment setting out the amount as calculated in accordance with regulation 9, and when and to whom this payment is due, or
ii
if the payment is not required immediately from the scheme manager, an estimate as to when the scheme manager is likely to be required to make a payment;
d
the notified rate and information as to —
i
how the notified rate is to be calculated: whether this is to be a fixed rate, or a floating rate dependent on an underlying rate (and, if so, information as to this underlying rate), and
ii
the period or successive periods for which the notified rate shall apply; and
e
any specified principles, methods or matters that the scheme manager must apply, use or take into account when making the determination under section 214D(2)(b).
5
Where the Treasury require the scheme manager to make an interim payment after the coming into force of these Regulations, in regulation 9(4) the reference to “a notification under regulations 4 or 5” means the notification in accordance with paragraph (4).
6
If a valuer has been appointed to perform the function in regulation 8(1) of the former Regulations, on the coming into force of these Regulations —
a
the valuer shall be treated as if appointed to exercise functions under section 214D(3);
b
the Treasury shall promptly specify any principles, methods or matters to be applied, used or taken into account by the valuer when making the determination under section 214D(3)(b), and, if no determination notice has been received under regulation 8(6) of the former Regulations, the determination under section 214D(3)(a);
c
where the Treasury have received the determination notice under regulation 8(6) of the former Regulations, this shall be treated as the valuer’s determination under section 214D(3)(a); and
d
where the valuer has been required to reconsider that determination notice under regulation 9(1) of the former Regulations, the Treasury shall treat the revised determination notice as a reconsidered determination in respect of the valuer’s determination under section 214D(3)(a) under regulation 14 above.
7
Where this regulation applies, Schedule 1 to these Regulations applies with the following modifications —
a
for paragraph 4, substitute —
4
From 19th November 2009 (or from the time specified in paragraph 2 if later), interest at the notified rate shall accrue daily on the amount in each account and shall be added to the account on each anniversary of the relevant time, but where the final notification is made on a date falling after an anniversary date, then all accrued interest not yet added, shall be added to the account on the date of the final notification.
;
b
for paragraph 11, substitute —
11
In the notional account the Treasury shall account for interest at the notified rate on the outstanding balance as if it had, as from 19th November 2009 (or from the time specified in paragraph 8 if later), accrued daily and had been added to the account on each anniversary of the relevant time.
;
c
for paragraph 12, substitute —
12
In the actual account the Treasury shall account for interest at the notified rate on the outstanding balance as if it had, as from the 19 th November 2009, (or from the time specified in paragraph 8 if later), accrued daily on the outstanding balance and had been added to the outstanding balance on each anniversary of the relevant time.
; and
d
for paragraph 18, substitute —
18
From 19th November 2009 (or from the time specified in paragraph 16 if later), interest at the notified rate shall accrue daily on the amount in the account and shall be added to the account on each anniversary of the relevant time, but where the final notification is made on a date falling after an anniversary date, then all accrued interest not yet added shall be added to the account on the date of the final notification.
.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
7 September 2010


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Registration) (England) (Amendment) Regulations 2010 and come into force on 1st September 2010.
Amendment of the Education (Pupil Registration) (England) Regulations 2006
2
In regulation 6 of the Education (Pupil Registration) (England) Regulations 2006 (Contents of Attendance Register) after paragraph (5)(b) insert —
c
a local or national emergency has resulted in widespread disruption to travel which has prevented the pupil from attending school.
Nick Gibb
Minister of State
Department for Education
1st July 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010.
2
They come into force on 26th April 2010.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 5 (exceptions to requirement to be available immediately) —
a
in paragraph (4), after “13” insert “, 13A”;
b
in paragraph (5), for “or 13” substitute “, 13 or 13A”.
3
In regulation 6 (employment of at least 40 hours per week) , for “13 or” in both places substitute “13, regulation 13A or”.
4
In regulation 7(1) (restriction of hours for which a person is available to 40 hours per week), for “regulation 13 and in regulation 17(2)” substitute “regulations 13, 13A and 17(2)”.
5
In regulation 8 (other restrictions on availability) , before “or 17(2)” insert “, 13A”.
6
In regulation 11(1)(b) (part-time students) , before “or 17(2)” insert “, 13A”.
7
In regulation 12(1)(a) (volunteers) , before “or 17(2)” insert “, 13A”.
8
In regulation 13(2) (additional restrictions on availability for certain groups) , after “paragraph (3), (3A) or (4) of this regulation” insert “, regulation 13A or”.
9
After regulation 13 insert the following new regulation —
Additional restrictions on availability for lone parents
13A
A lone parent who in any week is responsible for, and a member of the same household as, a child under the age of 13 may restrict his availability for employment to the child’s normal school hours.
.
10
In regulation 14(2A) (circumstances in which a person is to be treated as available) , before “or 17(2)” in both places insert “, 13A”.
11
In regulation 31(c) (contents of jobseeker’s agreement) , after “13” insert “, 13A”.
12
In regulation 72(2)(a) (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)) , after “13” insert “, 13A”.
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman,
Parliamentary Under-Secretary of State
Department for Work and Pensions
15th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Business Rate Supplements (Administrative Expenses) (England) Regulations 2010 and shall come into force on 2nd March 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Business Rate Supplements Act 2009;
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the Transfers Regulations ” means the Business Rate Supplements (Transfers to Revenue Accounts) (England) Regulations 2009 ; and
“administrative expenses” means the reasonable administrative expenses of the collection and recovery of a BRS.
Administrative expenses of a BRS: billing authorities which are levying authorities
3
A billing authority which is a levying authority is authorised to deduct sums for the administrative expenses from the amount it is required to transfer during a financial year from its collection fund to its revenue account under the Transfers Regulations.
Administrative expenses of a BRS: billing authorities which are not levying authorities
4
1
A billing authority which is not a levying authority is authorised to use such proportion of the amount it is required to transfer during a financial year from its collection fund to the levying authority’s revenue account under the Transfers Regulations for the administrative expenses as is prescribed in the Schedule to these Regulations.
2
A levying authority is required for the purposes of section 22(4) of the Act to pay such amount of the administrative expenses of a billing authority which is not a levying authority as is prescribed in the Schedule to these Regulations.
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
26th January 2010


text:
Title, commencement and interpretation
1
These Regulations come into force on 15 February 2010 and their title is The M4 Motorway (Junction 24, Coldra Interchange, Newport) (40 MPH Speed Limit) Regulations 2010.
2
In these Regulations —
“the M4 Motorway” means the M4 London to South Wales Motorway.
Imposition of speed limit
3
No person shall drive any vehicle at a speed exceeding 40 miles per hour in the lengths of road at Junction 24 of the M4 Motorway, Coldra Interchange in the City of Newport described in the Schedule to this Order.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
14 January 2010


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Police Authority (Community Engagement and Membership) Regulations 2010 and shall come into force on 17 March 2010.
2
In these Regulations —
a
“the Police Authority Regulations ” means the Police Authority Regulations 2008 ;
b
“the Metropolitan Police Authority Regulations ” means the Metropolitan Police Authority Regulations 2008 .
3
Regulations 9, 10, 11, 13, 14, 15 and 16 shall not apply to the appointment of a member of a police authority where a selection panel began to exercise its functions under the Police Authority Regulations or the Metropolitan Police Authority Regulations in relation to that appointment before 17 March 2010.
Arrangements for obtaining the views of the community on policing
2
In making or reviewing arrangements for obtaining the views of people in its police area about matters concerning the policing of the area, each police authority shall have particular regard —
a
to the need to ensure that it obtains the views of a wide range of people, including —
i
people who are aged under 21 or over 65;
ii
people who belong to the business and voluntary sectors in the area (whether or not they live in the area);
iii
people from diverse backgrounds and sectors of society, including those of disadvantaged socio-economic status and from groups which are perceived by the authority as hard to reach;
b
to the need to ensure that it obtains a sufficient number and range of views to avoid it acting on the basis of an unduly limited or unrepresentative sample;
c
to the need to ensure that it obtains the views of the people in its area sufficiently often that it is continually aware of such views, so far as this is reasonably practicable;
d
to the need to ensure that the public are offered a range of different routes, including in appropriate cases meetings with the police authority and with senior officers of the police force, by which to communicate their views to the police authority;
e
to the need to avoid unnecessary duplication with comparable arrangements made by police forces, local authorities, crime and disorder reduction partnerships, community safety partnerships and local criminal justice boards;
f
to the need to ensure that the public are given the opportunity to comment on issues which, judging by the number and nature of complaints received by the police force or police authority, are matters of particular local concern.
3
A police authority making or reviewing arrangements as mentioned in regulation 2 shall have particular regard to the need to obtain views on —
a
whether people in the area consider that the authority gives due regard to their views in discharging its functions;
b
whether people in the area consider that the police force is fulfilling its role in tackling the crime and anti-social behaviour issues that matter to them;
c
whether people in the area consider that the police force is providing a good service to the public;
d
whether people in the area consider that community support officers have appropriate powers to deal with local concerns, within the range of powers available under Part 4 of the Police Reform Act 2002 .
Amendment to the Police Authority Regulations
4
For regulation 8 of the Police Authority Regulations (appointment of members by relevant councils) substitute —
8
Subject to regulation 8A, a relevant council or joint committee shall exercise its power to appoint members of a police authority under regulation 6(1)(a) or 6(2)(a) so as to ensure that, so far as reasonably practicable —
a
where —
i
a person has been returned at an election as the elected mayor of a relevant council under Part 2 of the Local Government Act 2000 ;
ii
both that person and the council indicate that they wish the person to be appointed as a member of the police authority in relation to which the council is the relevant council,
that person is so appointed, and
b
in the case of the remaining members for whose appointments it is responsible, the proportion (taking into account any appointment under sub-paragraph (a)) who are members of any given party —
i
where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and
ii
where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.
.
5
After regulation 8 of the Police Authority Regulations insert the following regulation —
8A
In exercising its power to appoint members of a police authority under regulation 6(1)(a) or 6(2)(a) a relevant council or joint committee shall —
a
ensure that, so far as reasonably practicable, the persons appointed by them —
i
represent the interests of a wide range of people within the community in the police area of the police authority;
ii
include persons with skills, knowledge or experience which are perceived by them to be under-represented among the existing members of the police authority;
iii
promote diversity within the force and the police authority in question; and
iv
are likely to commit sufficient time to take an effective role in the work of the police authority;
b
explain to the police authority, if so requested, how it met the requirements in sub-paragraph (a); and
c
have regard to any guidance issued or approved by the Secretary of State as to the qualities required by persons who serve as members of the police authority.
.
6
In Regulation 12 of the Police Authority Regulations (chairmen and vice chairmen) after paragraph (3) insert —
4
A person who wishes to be considered for appointment as chairman of a police authority shall, unless it is impracticable to do so, not less than ten days before the annual meeting at which he is so appointed, or any meeting at which an interim chairman is appointed, submit to the authority a statement setting out the reasons why he wishes to be so considered.
5
A police authority which receives a statement under paragraph (4) shall arrange for it to be circulated to all members of the authority not less than five days before the annual meeting.
.
7
In regulation 24 of the Police Authority Regulations (tenure of office) after sub-paragraph (c) insert —
ca
the police authority is satisfied that the member has not committed sufficient time to take a proactive role in the work of the authority,
cb
the member has failed to meet any requirement of the post that was set out by the authority on his appointment, or
.
8
After regulation 24 of the Police Authority Regulations insert —
24A
A police authority may remove its chairman from office as such if it passes a resolution to that effect.
.
9
For regulation 32 of the Police Authority Regulations (selection panels) substitute —
32
Each selection panel shall consist of three members,
a
two of whom shall be appointed by the members of the police authority for the area; and
b
one of whom shall be appointed by the members of the police authority for the area from a list of candidates prepared by the Secretary of State, and that member shall act as chair of the panel.
.
10
In regulation 33(5) of the Police Authority Regulations (selection panels) for “regulation 32(b) and (c)” substitute “regulation 32(b)”.
11
Omit regulation 34(2) of the Police Authority Regulations (selection panels).
12
In regulation 39 of the Police Authority Regulations (functions of selection panel – short-listing) —
a
for “have regard to the desirability of ensuring” substitute “ensure”;
b
delete the “and” at the end of sub-paragraph (a), and at the end of sub-paragraph (b) insert —
c
promote diversity within the force and the police authority in question; and
d
are likely to commit sufficient time to take a proactive role in the work of the police authority.
.
Amendment of the Metropolitan Police Authority Regulations
13
In regulation 30 of the Metropolitan Police Authority Regulations (selection panels) —
1
for “five” substitute “four”;
2
omit sub-paragraph (b); and
3
in sub-paragraph (d) for “(a), (b)” substitute “(a)”.
14
In regulation 31(3) of the Metropolitan Police Authority Regulations for “30(b), (c)” substitute “30(c)”.
15
In regulation 32(3) of the Metropolitan Police Authority Regulations for “30(b), (c)” substitute “30(c)”.
16
Omit regulation 33(2).
David Hanson
Minister of State
Home Office
22nd February 2010