text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the South Devon Railway Order 2009 and shall come into force on 30th December 2009.
Interpretation
2
1
In this Order —
“the altered railways” means the railways specified in Part 2 of Schedule 1 (“the railways”), together with all lands and works relating to the altered railways vested in the owner or the undertaker , as the case may be, at the date on which this Order is made and are held or used by the owner or the undertaker, as the case may be, for the purposes of its railway undertaking;
“the authorised works” means the new railways and any other works authorised by this Order, or any part of them;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections certified by the Secretary of State as the plans and sections for the purposes of this Order;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 ;
“the existing railways” means the original railways and the altered railways;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“the new railways” means the railways specified in Part 3 of Schedule 1 together with all lands and works relating to those railways;
“the original Acts ” means the Buckfastleigh, Totnes and South Devon Railway Act 1864 and the Buckfastleigh, Totnes and South Devon Railway Act 1865 ;
“the original railways” means the railways specified in Part 1 of Schedule 1, together with all lands and works relating to those railways vested in the owner or the undertaker, as the case may be, at the date upon which this Order is made and are held or used by the owner or the undertaker, as the case may be, for the purposes of its railway undertaking;
“the owner” means Dart Valley Railway Plc a company incorporated under the Companies Acts 1948 to 1967 (registration number 00852020) as a public limited company and whose registered office is at Queens Park Station, Torbay Road, Paignton, Devon TQ4 6AF;
“the railways” means the original railways, the altered railways and the new railways;
“the transfer date”, in relation to any part of the existing railways, means the date on which that part is sold by the owner to the undertaker under article 9 (transfer of railways to undertaker); and
“the undertaker” means the South Devon Railway Trust, a company incorporated under the Companies Acts 1948 to 1967 (registration number 01157099) as a company limited by guarantee and whose registered office is at The Station, Buckfastleigh, Devon, TQ11 0DZ.
2
All distances, directions and lengths stated in the descriptions of the railways or in any description of powers or lands are approximate; and distances between points on a railway shall be taken to be measured along the railway.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order and shall be applied to the new railways —
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ; and
section 145 (recovery of penalties).
2
In the provisions of the Railways Clauses Consolidation Act 1845 incorporated into this Order —
“the company” means the undertaker;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision; and
“the special Act ” means this Order.
PART 2
CONSTRUCTION AND MAINTENANCE OF RAILWAYS
Power to construct new railways
4
1
The undertaker may construct and maintain the new railways.
2
Subject to article 6 (power to deviate), the new railways may only be constructed within the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
Subsidiary works
5
1
The undertaker may, within the limits of deviation, carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the new railways, namely —
a
works to alter the position of any apparatus, including mains, sewers, drains and cables;
b
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and
c
facilities and works for the benefit or protection of land or premises affected by the other authorised works.
2
The undertaker may, within the limits of deviation, carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the new railways.
3
The undertaker may remove any works constructed by it under this Order which have been constructed as temporary works or which it no longer requires.
4
In constructing and maintaining the new railways the undertaker may, within the limits of deviation, lay and install such number of railway lines, switches and crossings as may be necessary or expedient.
Power to deviate
6
1
In constructing or maintaining any of the new railways, the undertaker may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that railway shown on those plans; and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards as may be found to be necessary or convenient.
2
Without limiting the scope of paragraph (1), in constructing or maintaining the new railways the undertaker may, to the extent it thinks fit, deviate from their points of commencement and termination shown on the deposited plans.
Access to works
7
The undertaker may, with the approval of the highway authority, such approval not to be unreasonably withheld, for the purposes of the construction or operation of the new railways, form and lay out such means of access or improve existing means of access, to streets within the limits of deviation as the undertaker reasonably requires for those purposes.
Power to maintain altered railways
8
1
Regardless of anything to the contrary contained in any enactment, with effect from the transfer date the undertaker may maintain the altered railways in the lines and situations, and within the limits of deviation, shown on the deposited plans, and in accordance with the levels shown on the deposited sections.
2
As from the transfer date the original Acts shall apply to the altered railways as if they formed part of the railways authorised to be constructed by the original Acts.
PART 3
TRANSFER OF RAILWAYS
Transfer of railways to undertaker
9
1
The owner and the undertaker may enter into and carry into effect agreements providing for the sale to, and vesting in, the undertaker of the existing railways or any part of the existing railways.
2
Except as may be otherwise provided in this Order, as from the transfer date —
a
the existing railways or any part of them shall continue to be subject to all statutory and other provisions applicable to the existing railways at that date (in so far as those provisions are still subsisting and capable of taking effect); and
b
the undertaker shall to the exclusion of the owner —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the existing railways or any part of them; and
ii
be subject to all obligations, statutory or otherwise, relating to the existing railways or any part of them (in so far as those provisions are still subsisting and capable of taking effect) to the intent that the owner shall be released from all such obligations.
Transfer of railways by undertaker
10
1
In this article —
“lease” includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
“the transferee” means any person to whom the railways, or any part of them, are or is leased or sold in accordance with this article; and
“the transferred undertaking” means so much of the railways as is leased or sold in accordance with this article.
2
The undertaker may, with the consent of the Secretary of State —
a
lease the railways, or any part of them, to any person; or
b
sell the railways, or any part of them, to any person,
on such terms and conditions as may be agreed between the undertaker and the transferee.
3
Paragraph (2) shall apply to the existing railways with effect from the date on which they are transferred to the undertaker under article 9 (transfer of railways to undertaker).
4
Except as may be otherwise provided in this Order —
a
the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (in so far as the those provisions are still subsisting and capable of taking effect); and
b
the transferee shall, to the exclusion of the undertaker —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges applicable to the transferred undertaking; and
ii
be subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as those provisions are still subsisting and capable of taking effect) to the intent that the undertaker shall be released from all such obligations.
5
Paragraph (4) shall have effect during the term of any lease granted under paragraph (2)(a) and from the operative date of any sale under paragraph (2)(b).
PART 4
MISCELLANEOUS AND GENERAL
Obstruction of construction of authorised works
11
Any person who, without reasonable excuse —
a
obstructs another person acting under the authority of the undertaker in setting out the lines of the authorised works or in constructing any of the authorised works; or
b
interferes with, moves or removes any apparatus belonging to any person acting under the authority of the undertaker,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to operate and use railways
12
1
The undertaker may operate and use the railways and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part 1 of the Railways Act 1993 .
3
Subject to paragraphs (4) and (5), the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Office of Rail Regulation may in writing approve.
4
Nothing in this Order shall authorise the use of electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
5
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any electronic communications apparatus or with the use of such apparatus.
Certification of plans, etc.
13
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the deposited sections to the Secretary of State for certification that they are true copies of, respectively, the plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Revocation
14
As from the transfer date the Orders referred to in columns (1) and (2) of Schedule 2 (Orders revoked) shall be revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
9th December 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Substantial Donor Transactions (Variation of Threshold Limits) Regulations 2009 and shall come into force on 23rd April 2009.
Amendments to the Income and Corporation Taxes Act 1988 and the Income Tax Act 2007
2
In each of —
a
section 506A(2)(b) of the Income and Corporation Taxes Act 1988 , and
b
section 549(2)(b) of the Income Tax Act 2007,
for “£100,000” substitute “£150,000”.
Steve McCabe
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd April 2009


text:
Citation
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009.
Provisions coming into force on 19 th October 2009
2
The following provisions of the Crime (International Co-operation) Act 2003 shall come into force on 19 th October 2009 —
a
sections 10 to 12 (domestic freezing orders); and
b
sections 20 to 25 (overseas freezing orders).
Phil Woolas
Minister of State
Home Office
24th September 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 1 and Saving Provision) Order 2009.
2
In this Order, “ the Act ” means the Children and Young Persons Act 2008.
Appointed day for provisions coming into force in relation to England and Wales
2
1st April 2009 is the appointed day for the coming into force of sections 31 (supply of information concerning the death of children to Local Safeguarding Children Boards) and 32 (power of Registrar General to supply information to national authorities) of the Act.
Appointed day for provisions coming into force in relation to England
3
1
12th February 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
section 6(2) (piloting of arrangements under Part 1),
b
section 8(3) (provision of accommodation and maintenance for children who are looked after by a local authority) and Schedule 2 (transitory modifications of Schedule 2 to the Children Act 1989) ,
c
section 20(3) (designated member of staff at school for pupils looked after by a local authority),
d
section 21(2) (entitlement to payment in respect of higher education) in so far as it inserts subsection (5B) into section 23C of the Children Act 1989 ,
e
section 33 (research etc. into matters connected with certain statutory functions),
f
the following subsections of section 34 (independent review of determinations relating to adoption) —
i
in so far as it relates to the subsections specified in sub-paragraphs (ii) and (iii) of this sub-paragraph, subsection (1),
ii
subsections (2) and (3), and
iii
in so far as it inserts subsection (3A) into section 12 of the Adoption and Children Act 2002 , subsection (4), and
g
section 35 (extension of period allowed for making regulations under section 45 or 46 of the Children Act 2004 ).
2
1st April 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
in so far as it is not brought into force by paragraph (1)(f) of this article, section 34, and
b
section 42 and Schedule 4 (repeals) in so far as they relate to the repeals relating to section 12 of the Adoption and Children Act 2002.
3
6th April 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
section 30 (removal of restriction on hearing of application for discharge of emergency protection order), and
b
section 42 and Schedule 4 (repeals) in so far as they relate to the repeal of section 45(9) of the Children Act 1989.
Saving provision
4
The Independent Review of Determinations (Adoption) Regulations 2005 shall continue to have effect despite the amendments made by section 34 of the Act.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
11th February 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
Regulation 2 does not apply in relation to Northern Ireland.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
1
The Social Security (Incapacity Benefit) Regulations 1994 are amended in accordance with this regulation.
2
After regulation 20 (permanent health insurance), insert —
Financial assistance scheme
20A
For the purposes of section 30DD of the Contributions and Benefits Act (incapacity benefit: reduction for pension payments and PPF periodic payments), “pension payment” includes a payment made under the Financial Assistance Scheme Regulations 2005 to a person who first became entitled to such a payment on or after the date on which the Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 came into force.
.
Amendment of the Financial Assistance Scheme Regulations 2005
3
The Financial Assistance Scheme Regulations 2005 are amended in accordance with the following regulations.
4
1
Regulation 17 (annual payments) is amended in accordance with this regulation.
2
In paragraph (2) , for “or (3A) ” substitute “, (3A) or (3C) or regulation 17C”.
3
In paragraph (3) —
a
after “qualifying member is receiving” insert “a payment under paragraph (3C) or”, and
b
after “payment under regulation 17B(2)” insert “or an annual payment under regulation 17C”.
4
After paragraph (3B), insert —
3C
Except where regulation 17C applies, a qualifying member shall be entitled to an annual payment determined in accordance with Schedule 2 where —
a
that member makes a written request for such a payment;
b
the member is —
i
not receiving any payments under these Regulations; or
ii
receiving only payments for a survivor by virtue of paragraph (4), regulation 17A(3), 17B(2)(b) or 18(4) ; and
c
the scheme manager is satisfied that the member meets the conditions in paragraph (3D).
3D
The conditions in this paragraph are that the qualifying member —
a
has attained the age of 55;
b
suffers from a progressive disease and as a consequence —
i
cannot reasonably be expected to die within six months; and
ii
can reasonably be expected to die within five years;
c
is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; and
d
is not regarded as a qualifying member by virtue of regulation 15(5).
3E
The date from which a qualifying member is entitled to an annual payment under paragraph (3C) is the date on which the scheme manager receives the written request mentioned in paragraph (3C)(a).
.
5
In paragraph (6), for “and (5B)” substitute “, (5B) and regulation 17C(8)”.
5
1
Regulation 17A (ill health payments) is amended in accordance with this regulation.
2
In paragraph (1), for “or (3)” substitute “, (3) or (3C) or 17C”.
3
In paragraph (6), after “paragraph (7)” insert “and regulation 17C(7)”.
6
1
Regulation 17B (interim ill health payments) is amended in accordance with this regulation.
2
In paragraph (2), for “The scheme manager” substitute “Except where regulation 17C(8)(b)(i) applies, the scheme manager”.
7
After regulation 17B, insert —
Annual payments for certain applications in cases of severe ill health
17C
1
A qualifying member shall be entitled to an annual payment determined in accordance with Schedule 2 where the conditions in paragraphs (2) and (3) are met.
2
The condition in this paragraph is that, subject to paragraph (9), the qualifying member makes a written request for an annual payment under this regulation during the period of 12 months beginning with the date on which the Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 come into force.
3
The conditions in this paragraph are that the scheme manager is satisfied that the qualifying member —
a
has attained the age of 55;
b
suffers from a progressive disease and as a consequence can reasonably be expected to die within five years;
c
is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; and
d
is not regarded as a qualifying member by virtue of regulation 15(5).
4
The date from which a qualifying member is entitled to an annual payment under this regulation is —
a
where the scheme manager is satisfied that the conditions in paragraph (3) were met before the date on which the scheme manager receives the written request mentioned in paragraph (2), whichever is the later of —
i
the date on which the scheme manager is satisfied that the conditions in paragraph (3) would first have been met; or
ii
14th May 2004; or
b
in all other cases, the date on which the scheme manager receives the written request mentioned in paragraph (2).
5
In determining whether or not the scheme manager is satisfied in accordance with paragraph (4)(a), the scheme manager shall have regard to —
a
the information available as to the length of time the qualifying member has met the conditions in paragraph (3);
b
the medical evidence available, taking into account —
i
such evidence as the scheme manager would have expected the qualifying member to have been able to provide in accordance with Schedule 2 to the FAS Information and Payments Regulations , and
ii
the effect of the lapse of time on the availability of that evidence; and
c
such other matters as the scheme manager considers relevant.
6
Paragraphs (4) to (7) of regulation 17 apply to annual payments made under this regulation.
7
Paragraph (8) applies where —
a
on the date the Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 come into force, the qualifying member is receiving a payment in accordance with these Regulations (other than payments for a survivor by virtue of regulation 17(4), 17A(3), 17B(2)(b) or 18(4)); and
b
the qualifying member is entitled to an annual payment in accordance with this regulation.
8
Where this paragraph applies, from the date on which the scheme manager determines that the qualifying member is entitled to an annual payment in accordance with this regulation —
a
the qualifying member is not entitled to —
i
an annual payment under regulation 17(2);
ii
an annual payment for terminal illness under regulation 17(3); or
iii
an ill health payment under regulation 17A(1); and
b
the scheme manager may not make —
i
an initial payment under regulation 18 in anticipation of an annual payment being payable under regulation 17(2);
ii
an interim ill health payment under regulation 17B(2); or
iii
an initial payment for terminal illness by virtue of regulation 18(1)(a)(ii) and (4).
9
Where —
a
a qualifying member has died;
b
the scheme manager is satisfied that prior to death that qualifying member satisfied the conditions in paragraph (3); and
c
the relevant representative makes a written request in respect of that qualifying member during the time period set out in paragraph (2);
that qualifying member shall be entitled to an annual payment in accordance with this regulation.
10
Any annual payment (or initial payment under regulation 18) payable under paragraph (9) is payable to the estate of the deceased qualifying member.
11
For the purposes of paragraph (9), references in these Regulations to “qualifying member” may be construed as references to the deceased qualifying member or to the deceased qualifying member’s estate, as the case requires.
12
For the purposes of this regulation —
“relevant representative” means —
the survivor of the deceased qualifying member referred to in paragraph (9), or
where there is no survivor in relation to that qualifying member, that member’s personal representative; and
“personal representative” has the meaning given in regulation 2(1) of the FAS Information and Payments Regulations.
.
8
1
Regulation 18 (initial payments) is amended in accordance with this regulation.
2
In paragraph (1), after sub-paragraph (aa) insert —
ab
the scheme manager —
i
has received a written request under regulation 17(3C)(a) or 17C(2) or (9) from, or in respect of, a qualifying member of that scheme; and
ii
is satisfied that that qualifying member is entitled to a payment under regulation 17(3C) or 17C; or
.
3
In paragraph (4), for “The scheme manager” substitute “Except where regulation 17C(8)(b)(i) or (iii) applies, the scheme manager”.
4
In paragraph (4A)(a)(ii) —
a
for “earlier” substitute “earliest”; and
b
at the end of sub-paragraph (bb) add —
; or
cc
the day on which the qualifying member becomes entitled to a payment under regulation 17(3C) or 17C;
.
9
1
Schedule 2 (determination of annual and initial payments) is amended in accordance with this regulation.
2
In paragraph 4(5)(b)(ii) and (7)(b)(ii) and paragraph 5(8)(b)(ii) and (10)(b)(ii), for “or (3)”, in each place it occurs, substitute “, (3) or (3C) or 17C”.
3
After paragraph 5 (survivors of qualifying members) insert —
Payment for an entitlement under regulation 17C
5A
1
This paragraph applies where a qualifying member is entitled to an annual payment in accordance with regulation 17C for a period during which that member has previously received a relevant payment.
2
The annual payment payable to a qualifying member to whom this paragraph applies is determined in accordance with this Schedule.
3
For any period for which an annual payment under regulation 17C is due to be paid and a relevant payment has previously been paid, the relevant payment is treated as a payment on account of the annual payment under regulation 17C.
4
Where the amount of the relevant payment so treated equals the amount of the annual payment payable under sub-paragraph (2), no further payment under regulation 17C is due to the qualifying member.
5
In this paragraph, “relevant payment” means a payment in accordance with these Regulations other than a payment for a survivor by virtue of regulation 17(4), 17A(3), 17B(2)(b) or 18(4).
.
4
In paragraph 9(2) and (4), after “regulation 17”, in each place it occurs, insert “or 17C”.
5
In paragraph 10(ba), for “regulation 17(2) and (3)” substitute “regulation 17(2), (3) or (3C) or 17C”.
Amendment of the Financial Assistance Scheme (Internal Review) Regulations 2005
10
1
The Financial Assistance Scheme (Internal Review) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 2(1) (reviewable determinations) —
a
at the end of sub-paragraph (f) omit “and”, and
b
at the end of sub-paragraph (g) add —
; or
h
whether or not the scheme manager is satisfied that a qualifying member is entitled to an annual payment under regulation 17(3C) or 17C of the FAS Regulations or —
i
is unable to work due to ill health;
ii
is likely to continue to be so unable to work until normal retirement age; and
iii
suffers from a progressive disease and as a consequence can reasonably be expected to die within five years but, as appropriate, not within six months,
for the purposes of an initial payment under regulation 18(1)(ab) of the FAS Regulations (“severe ill health eligibility”).
.
3
In —
a
regulation 2(2),
b
regulation 3(1)(b),
c
regulation 5(1)(c)(ii),
d
regulation 6(1)(b),
e
regulation 11(2), and
f
regulation 16(1)(b) and (2)(b),
after “ill health eligibility” , insert “, severe ill health eligibility”.
Amendment of the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005
11
1
The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 are amended in accordance with this regulation.
2
In Schedule 1 (information to be provided by appropriate persons) in paragraph 1(2), after the fifth item of the table insert a sixth item containing —
a
in the first column, the words “The scheme manager.”;
b
in the second column, the words “In relation to a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations, medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of those Regulations.”; and
c
in the third column, the words “The period of 14 days beginning on the day on which the scheme manager requests the information.”.
3
In Schedule 2 (information to be provided by beneficiaries and potential beneficiaries) in paragraph 1, after the seventh item of the table insert an eighth item containing —
a
in the first column, the words “Any qualifying member (or that member’s relevant representative within the meaning of regulation 17C of the FAS Regulations) who makes a written request under regulation 17(3C)(a) or 17C(2) or (9) of the FAS Regulations.”;
b
in the second column, the words “Medical evidence about the qualifying member’s state of health to enable the scheme manager to determine whether the scheme manager is satisfied for the purposes of regulation 17(3C)(c) or 17C(3) of the FAS Regulations”; and
c
in the third column, the words “The period of 14 days beginning on the day on which the scheme manager requests the information.”.
Amendment of the Financial Assistance Scheme (Appeals) Regulations 2005
12
1
The Financial Assistance Scheme (Appeals) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 2 (interpretation), after the definition of “scheme notification decision” insert —
“severe ill health eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member is entitled to an annual payment under regulation 17(3C) or 17C of the FAS Regulations or —
is unable to work due to ill health;
is likely to continue to be so unable to work until normal retirement age; and
suffers from a progressive disease and as a consequence can reasonably be expected to die within five years but, as appropriate, not within six months,
for the purposes of an initial payment under regulation 18(1)(ab) of those Regulations;.
.
3
In regulation 6(2)(b) (notice of appeal), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.
4
In regulation 17(4)(a) (time and place of oral hearings), after “a member eligibility decision” insert “, a severe ill health eligibility decision”.
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 and commencement
1
1
This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order 2009.
2
Except as provided in paragraph (3), this Order comes into force on 13th July 2009.
3
Fee 8.1(b) of Schedule 1 set out in the Schedule to this Order comes into force on 1st September 2009.
Amendment of the Magistrates’ Courts Fees Order 2008
2
The Magistrates’ Courts Fees Order 2008 is amended as follows.
3
For Schedule 1 (which specifies the fees to be taken in magistrates’ courts), substitute Schedule 1 (Fees to be taken) set out in the Schedule to this Order.
4
In paragraph 1(1)(c) of Schedule 2, for “626” substitute “26”.
5
In paragraph 3(1) of Schedule 2, in column 2 —
a
for “£12,000” substitute “£13,000”;
b
for “£14,735” substitute “£15,930”;
c
for “£17,470” substitute “£18,860”;
d
for “£20,205” substitute “£21,790”; and
e
for “£22,940” substitute “£24,720”.
6
In paragraph 3(1) of Schedule 2, in column 3 —
a
for “£16,000” substitute “£18,000”;
b
for “£18,735” substitute “£20,930”;
c
for “£21,470” substitute “£23,860”;
d
for “£24,205” substitute “£26,790”; and
e
for “£26,940” substitute “£29,720”.
7
In paragraph 3(2) of Schedule 2, for “£2,735” substitute “£2,930”.
8
In paragraph 5(3) of Schedule 2 —
a
in sub-paragraph (a), for “£296” substitute “£315”;
b
in sub-paragraph (b), for “£228” substitute “£244”; and
c
in sub-paragraph (c), for “£150” substitute “£159”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th June 2009
We consent,
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Child Support (Management of Payments and Arrears) Regulations 2009 and come into force on 25th January 2010.
Interpretation
2
1
In these Regulations —
“the 1991 Act ” means the Child Support Act 1991;
“a 1993 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have not been brought into force in accordance with article 3 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 ;
“the AIMA Regulations ” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ;
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“non-resident parent” includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act;
“relevant person” means —
a person with care;
a non-resident parent;
where the application for a maintenance calculation is made by a child under section 7 of the 1991 Act, that child,
in respect of whom a maintenance calculation is or has been in force.
2
In the application of these Regulations to a 1993 scheme case, any reference to expressions in the 1991 Act (including “non-resident parent” and “maintenance calculation”) or to regulations made under that Act are to be read with the necessary modifications.
Arrears notices
3
1
This regulation applies to a case where —
a
the Commission is arranging for the collection of child support maintenance under section 29 of the 1991 Act; and
b
the non-resident parent has failed to make one or more payments of child support maintenance due.
2
Where the Commission is considering taking action with regard to a case falling within paragraph (1) it must serve a notice on the non-resident parent.
3
The notice must —
a
itemize the payments of child support maintenance due and not paid;
b
set out in general terms the provisions as to arrears contained in this regulation and regulation 8 of the AIMA Regulations ; and
c
request the non-resident parent make payment of all outstanding arrears.
4
Where a notice has been served under paragraph (2), no duty to serve a further notice under that paragraph arises in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the non-resident parent have been paid on time in accordance with regulations made under section 29 of the 1991 Act.
Attribution of payments
4
Where a maintenance calculation is or has been in force and there are arrears of child support maintenance, the Commission may attribute any payment of child support maintenance made by a non-resident parent to child support maintenance due as it thinks fit.
PART 2 Set Off
Set off of liabilities to pay child support maintenance
5
1
The circumstances prescribed for the purposes of section 41C(1)(a) of the 1991 Act, in which the Commission may set off liabilities to pay child support maintenance, are set out in paragraph (2).
2
The Commission may set off the liability to pay child support maintenance of one person (“A”) against the liability to pay child support maintenance of another person (“B”) where —
a
A is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which B is the person with care; and
b
B is liable to pay child support maintenance under a maintenance calculation, whether that calculation is current or no longer in force, in relation to which A is the person with care.
3
There shall be no set off in relation to any amount which if paid could be retained under section 41 of the 1991 Act.
Set off of payments against child support maintenance liability
6
1
The circumstances prescribed for the purposes of section 41C(1)(b) of the 1991 Act, in which the Commission may set off a payment against a person’s liability to pay child support maintenance, are set out in paragraph (2).
2
The Commission may set off a payment against a non-resident parent’s liability to pay child support maintenance where —
a
the payment falls within paragraph (3); and
b
the person with care agreed to the making of the payment.
3
A payment is of a prescribed description for the purposes of section 41C(1)(b) of the 1991 Act if it was made by the non-resident parent in respect of —
a
a mortgage or loan taken out on the security of the property which is the qualifying child’s home where that mortgage or loan was taken out to facilitate the purchase of, or to pay for essential repairs or improvements to, that property;
b
rent on the property which is the qualifying child’s home;
c
mains-supplied gas, water or electricity charges at the qualifying child’s home;
d
council tax payable by the person with care in relation to the qualifying child’s home;
e
essential repairs to the heating system in the qualifying child’s home; or
f
repairs which are essential to maintain the fabric of the qualifying child’s home.
Application of set off
7
1
In setting off a person’s liability for child support maintenance under this Part, the Commission may apply the amount to be set off to reduce any arrears of child support maintenance due under any current maintenance calculation, or any previous maintenance calculation made in respect of the same relevant persons.
2
Where there are no arrears of child support maintenance due, or an amount remains to be set off after the application of paragraph (1), the Commission may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to —
a
the circumstances of the relevant persons; and
b
the amount to be set off and the period over which it would be reasonable to adjust the amount payable to set off that amount.
3
An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.
PART 3 Overpayments and Voluntary Payments
Application of overpayments
8
1
Where for any reason, including the retrospective effect of a maintenance calculation, there has been an overpayment of child support maintenance, the Commission may apply the amount overpaid to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.
2
Where there is no previous maintenance calculation, or an amount of the overpayment remains after the application of paragraph (1), the Commission may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to —
a
the circumstances of the relevant persons; and
b
the amount of the overpayment and the period over which it would be reasonable to adjust the amount payable for the overpayment to be rectified.
3
An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.
Application of voluntary payments
9
1
Where there has been a voluntary payment the Commission may apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation in respect of the same relevant persons.
2
Where there is no previous maintenance calculation, or an amount of the voluntary payment remains after the application of paragraph (1), the Commission may adjust the amount payable in relation to the current maintenance calculation by such amount as it considers appropriate in all the circumstances of the case, having regard in particular to —
a
the circumstances of the relevant persons; and
b
the amount of the voluntary payment and the period over which it would be reasonable to adjust the amount payable for the voluntary payment to be taken into account.
3
An adjustment of the amount payable in relation to the current maintenance calculation under paragraph (2) may reduce the amount payable to nil.
PART 4 Recovery from Estates
Application and interpretation
10
1
This Part applies in relation to the estate of a person who dies on or after the day on which these Regulations come into force.
2
In this Part, “child support maintenance” means child support maintenance for the collection of which the Commission is authorised to make arrangements.
Recovery of arrears from a deceased person’s estate
11
Arrears of child support maintenance for which a deceased person was liable immediately before death are a debt payable by the deceased’s executor or administrator out of the deceased’s estate to the Commission.
Appeals and other proceedings
12
1
The deceased’s executor or administrator has the same rights, subject to the same procedures and time limits, as the deceased person had immediately before death to institute, continue or withdraw any proceedings under the 1991 Act, whether by appeal or otherwise.
2
Regulation 34 of the Decisions and Appeals Regulations shall apply to a case where the non-resident parent is the deceased party to the proceedings as if for paragraphs (1) and (2) there were substituted the following paragraph —
1
In any proceedings, on the death of a non-resident parent, the Commission must appoint the deceased’s executor or administrator to proceed with the appeal in place of the deceased, unless there is no such person in which circumstances it may appoint such person as it thinks fit to proceed with the appeal.
.
Disclosure of information
13
1
The Commission may disclose information held for the purposes of the 1991 Act to the deceased’s executor or administrator where, in the opinion of the Commission, such information is essential to enable the executor or administrator to administer the deceased’s estate, including, where necessary, to institute, continue or withdraw proceedings under the 1991 Act.
2
Any application for information under this regulation shall be made to the Commission in writing setting out the reasons for the application.
3
Except where a person gives written permission to the Commission that the information mentioned in sub-paragraphs (a) and (b) in relation to that person may be disclosed to other persons, any information disclosed under paragraph (1) must not contain —
a
the address of any person, except that of the recipient of the information in question and the office of the officer concerned who is exercising functions of the Commission under the 1991 Act, or any other information the use of which could reasonably be expected to lead to any such person being located;
b
any other information the use of which could reasonably be expected to lead to any person, other than a party to the maintenance calculation, being identified.
PART 5 Revocations and Savings
Revocations
14
The Regulations specified in the Schedule are revoked to the extent specified.
Savings
15
1
Where before these Regulations come into force, an adjustment has been made under regulation 10(1) of the AIMA Regulations in a 1993 scheme case, regulations 10(2) and (3) and 11 to 17 of those Regulations continue to apply to that case for the purposes of —
a
making and determining any appeal against the adjustment;
b
making and determining any application for a revision of the adjustment;
c
determining any application for a supersession made before these regulations come into force.
2
Where before these Regulations come into force, an adjustment has been made under regulation 10(1) or (3A) of the AIMA Regulations in a case other than a 1993 scheme case, regulation 30A of the Decisions and Appeals Regulations continues to apply to that case for the purposes of making and determining any appeal against the adjustment.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th November 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Equalisation Reserves) (Tax) Regulations 2009 and shall come into force on 1st September 2009.
2
These Regulations have effect in relation to accounting periods ending on or after 31st December 2008.
Interpretation
2
In these Regulations —
a
“underwriting business” means, in relation to a corporate member or a partnership member, its underwriting business as a member of Lloyd’s; and
b
references to section 444BA are references to section 444BA of the Income and Corporation Taxes Act 1988 (equalisation reserves for general business) .
Reserves maintained by Lloyd’s members which are equivalent to equalisation reserves
3
1
This regulation applies in a case where an equivalent Lloyd’s reserve is maintained by a corporate member or a partnership member.
2
For the purposes of this regulation a corporate member or a partnership member maintains an equivalent Lloyd’s reserve if, and only if, the reserve is maintained by the member as if the equalisation reserves rules referred to in subsection (11) of section 444BA apply to the member notwithstanding that those rules do not otherwise apply to the member.
3
Where this regulation applies, section 444BA shall apply with the modifications specified in regulation 4.
Modifications of section 444BA Income and Corporation Taxes Act 1988 and equalisation reserves rules
4
1
The modifications to section 444BA referred to in regulation 3 are as follows —
a
in subsection (1), the words “and to sections 444BB to 444BD” shall be treated as omitted;
b
subject to paragraph (2), the equalisation reserves rules shall be treated as applying to the corporate member or partnership member (as the case may be);
c
references to “an insurance company” and “the insurance company” shall be treated as references to the corporate member or the partnership member (as the case may be);
d
references to “business” shall be treated as references to the underwriting business of the corporate member or the partnership member (as the case may be);
e
references to an “equalisation reserve” shall be treated as references to an “equivalent Lloyd’s reserve”; and
f
subsection (10) shall be treated as omitted.
2
For the purposes of the equalisation reserves rules treated as applied by paragraph (1), any calculation of the average of the amount of the annualised net written premiums shall be made without reference to any period prior to 1st January 2005.
3
In paragraph (2), the reference to “annualised net written premiums” has the meaning given by the equalisation reserves rules.
Further modification for purposes of computing profits or losses arising in the first accounting period to which these Regulations apply
5
1
This regulation applies for the purposes of computing the profits or losses of a corporate member or a partnership member arising in the first accounting period of the member in relation to which these Regulations have effect.
2
In computing the profits or losses arising in the accounting period in accordance with section 444BA (as applied by and with the modifications made by these Regulations) any amount —
a
which is transferred into the equivalent Lloyd’s reserve before or after the date these Regulations come into force,
b
which is an amount to which subsection (2)(a) of section 444BA applies by virtue of these Regulations, and
c
which is transferred into the reserve in respect of underwriting business written on or after 1st January 2005 and before 1st January 2006,
shall be deductible for the purposes of computing the profits or losses for that accounting period.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation, commencement, application and interpretation
1
1
The Regulations may be cited as the Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009, and shall come into force on 6th April 2009.
2
These Regulations shall apply in relation to England only.
3
In these Regulations “the 1990 Act ” means the Town and Country Planning Act 1990.
Prescribed period
2
1
For the purposes of section 319A(3) of the 1990 Act the prescribed period is seven working days from the date of receipt of a valid appeal.
2
In paragraph (1) —
“working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday;
“receipt of a valid appeal” means —
in relation to an appeal under section 78 of the 1990 Act, receipt by the Secretary of State of the completed form and the documents mentioned in article 23(1) of the Town and Country Planning (General Development Procedure) Order 1995 ; and
in relation to an appeal under section 174 of the 1990 Act, receipt by the Secretary of State of a notice of appeal under section 174(3) together with the statement of appeal submitted in accordance with regulation 6 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 .
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th March 2009