type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Fees) (No.2) Regulations 2010 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ;
“an application for naturalisation” means an application for naturalisation as a —
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“an application for registration” means an application for registration as a —
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas territories citizen under sections 24 and 13(1) or (3), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain in or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of eighteen;
“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999 , and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of the decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“ Council of Europe Social Charter ” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18 th October 1961 ;
“ Council of Europe Revised Social Charter ” means the Council of Europe Treaty signed in Strasbourg on 3 rd May 1996 ;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner, or
a child,
of that person;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“European Community Association Agreement” means the —
Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12 September 1963,
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, and
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Foreign and Commonwealth Office’s Bilateral Programmes” refers to programmes operated by the Foreign and Commonwealth Office to give funds directly to Embassies and Missions outside the United Kingdom to support activities directly connected to the United Kingdom’s international priorities;
“Foreign and Commonwealth Office’s Strategic Programmes” refers to programmes of funding operated by the Foreign and Commonwealth Office to promote action on global issues in areas of strategic importance to the United Kingdom;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter or remain;
“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 ;
“premium case working basis” means the processing of applications made under the super premium service available via the United Kingdom Border Agency’s website , to applicants seeking to extend their stay in the United Kingdom;
“school teacher” has the same meaning as in section 122 of the Education Act 2002 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“Sectors-Based Scheme” means the programme operated by the Secretary of State for employment as a sector based worker under the immigration rules;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor within the meaning of the immigration rules;
“sponsorship licence” means a sponsor licence as identified within the immigration rules;
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;
“unmarried or same sex partner” of a person means someone who is living with that person in a relationship akin to marriage or civil partnership which has subsisted for two years or more;
“work permit employment” means employment as a work permit holder under the immigration rules.
Fees for applications for leave in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom —
a
for the purposes of employment under the Sectors-Based Scheme;
b
for Home Office approved training; or
c
as a seasonal agricultural worker,
under the immigration rules, the fees are those specified in paragraph (2).
2
The fees are —
a
£550 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£350 for an application made by post or courier.
3
This regulation is subject to regulations 16, 17, 19 and 20.
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom for work permit employment the fee is —
a
£800 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£500 where such an application is made by post or courier.
2
This regulation is subject to regulations 16, 17, 19 and 20.
5
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as —
a
a retired person of independent means; or
b
a sole representative,
under the immigration rules, the fee is £850.
2
This regulation is subject to regulations 17, 19 and 20.
6
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 migrant, the fees are those specified in paragraphs (2) and (3).
2
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is —
a
subject to sub-paragraphs (b) and (c), £850 for an application made by post or courier;
b
subject to sub-paragraph (c), £770 for an application made by post or courier where the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
c
subject to regulation 16, £500 for an application made by post or courier in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application;
d
subject to sub-paragraphs (e) and (f), £1,150 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
e
£1,000 for an application made in person at a Public Enquiry Office of the UK Border Agency of the Home Office where the application is for leave to remain as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
f
subject to regulation 16, £700 where such an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is —
a
£550 for an application made by post or courier; or
b
£850 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.
4
This regulation is subject to regulations 19 and 20.
7
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom, other than an application referred to in paragraph (2), the fee is —
a
£800 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£500 for an application made by post.
2
The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training;
d
as a seasonal agricultural worker;
e
as a retired person of independent means;
f
as a sole representative;
g
as a student;
h
to re-sit an examination;
i
to write up a thesis;
j
as a student union sabbatical officer;
k
as a prospective student; or
l
of a kind identified in the immigration rules as requiring to be considered under a “Points-Based System”,
under the immigration rules.
3
This regulation is subject to regulations 14, 18, 19 and 20.
8
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 2 migrant, the fee is —
a
subject to sub-paragraph (b), £500 for an application made by post or courier;
b
£450 where such application made by post or courier is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
c
subject to sub-paragraph (d), £800 for an application made at a Public Enquiry Office of the UK Border Agency of the Home Office;
d
£700 where such application made at a Public Enquiry Office of the UK Border Agency of the Home Office is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
2
This regulation is subject to regulations 19 and 20.
9
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 4 migrant, the fee is £650 for an application made at a Public Enquiry Office of the UK Border Agency of the Home Office.
2
This regulation is subject to regulations 17, 18, 19 and 20.
10
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) migrant and the application is made at a Public Enquiry Office of the UK Border Agency of the Home Office, the fee is —
a
subject to sub-paragraph (b), £600; or
b
£550 where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
2
This regulation is subject to regulations 17, 18, 19 and 20.
Dependants of applicants for limited leave to remain
11
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom and the applicant applies as a dependant, the fee is —
a
£150 where the application is made as the dependant of a person making an application referred to in regulation 3(2)(a) and is made at the same time at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£100 where the application is made as the dependant of a person making an application referred to in regulation 3(2)(b) and is made at the same time by post or courier; or
c
£200 where the application is made as the dependant of a person applying for work permit employment as referred to in regulation 4(1)(a) and is made at the same time, in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
d
£150 where the application is made as the dependant of a person applying for work permit employment as referred to in regulation 4(1)(b) and is made at the same time by post or courier; or
e
£250 where the application is made as the dependant of a person applying as a retired person of independent means or a sole representative as referred to in regulation 5; or
f
£250 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(a) and is made at the same time by post or courier; or
g
£250 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(b) and is made at the same time by post or courier; or
h
£150 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(c) and is made at the same time by post or courier; or
i
£300 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(d) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
j
£300 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(e) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
k
£200 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(2)(f) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
l
£150 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(3)(a) and is made at the same time by post or courier; or
m
£250 where the application is made as the dependant of a Tier 1 migrant referred to in regulation 6(3)(b) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
n
£200 where the application is made as the dependant of a person making an application referred to in regulation 7(1)(a) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
o
£150 where the application is made as the dependant of a person making an application referred to in regulation 7(1)(b) and is made at the same time by post or courier; or
p
£150 where the application is made as the dependant of a Tier 2 migrant referred to in regulation 8(1)(a) and is made at the same time by post or courier; or
q
£150 where the application is made as the dependant of a Tier 2 migrant referred to in regulation 8(1)(b) and is made at the same time by post or courier; or
r
£200 where the application is made as the dependant of a Tier 2 migrant referred to in regulation 8(1)(c) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
s
£200 where the application is made as the dependant of a Tier 2 migrant referred to in regulation 8(1)(d) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
t
£150 where the application is made as the dependant of a Tier 4 migrant referred to in regulation 9(1) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
u
£150 where the application is made as the dependant of a Tier 5 migrant referred to in regulation 10(1)(a) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
v
£150 where the application is made as the dependant of a Tier 5 migrant referred to in regulation 10(1)(b) and is made at the same time in person at a Public Enquiry Office of the UK Border Agency of the Home Office.
2
This regulation is subject to regulations 17, 19 and 20.
Indefinite Leave to Remain
12
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for indefinite leave to remain in the United Kingdom, the fee is —
a
subject to sub-paragraphs (b) and (c), £1,250 where the application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
b
£1,100 where an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
c
£2,050 where an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office in respect of a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules;
d
subject to sub-paragraphs (e) and (f), £900 for an application made by post or courier;
e
£850 for an application made by post or courier in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
f
£1,680 where an application is made by post or courier and is in respect of a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules.
2
This paragraph applies to the following —
a
a work permit holder;
b
a highly skilled migrant;
c
a Tier 1 (General) migrant;
d
a Tier 1 (Entrepreneur) migrant;
e
a Tier 2 migrant;
under the immigration rules.
3
This regulation is subject to regulations 14, 15, 18, 19 and 20.
13
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for indefinite leave to remain in the United Kingdom and the applicant applies as a dependant, the fee is —
a
£350 where the application is made as the dependant of an applicant referred to in regulation 12(1)(a) and is made at the same time, in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
b
£300 where the application is made as the dependant of an applicant referred to in regulation 12(1)(b) and is made at the same time, in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
c
£250 where the application is made as the dependant of an applicant referred to in regulation 12(1)(d) and is made at the same time by post or courier;
d
£250 where the application is made as the dependant of an applicant referred to in regulation 12(1)(e) and is made at the same time by post or courier;
2
This regulation is subject to regulations 14, 15, 19 and 20.
Exceptions in respect of fees for leave to remain applications
14
No fee is payable in connection with an application for leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in paragraph (a), (b) or (c).
15
No fee is payable in connection with an application referred to in regulations 12 and 13, where the application is for indefinite leave to remain in the United Kingdom as a victim of domestic violence under the immigration rules, where at the time of making the application, the applicant appears to the Secretary of State to be destitute.
16
No fee is payable in connection with applications referred to in —
a
regulations 3 and 4;
b
regulation 6(2)(c) and (f),
where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
17
No fee is payable in respect of applications referred to in regulations 3, 4, 5, 9, 10 and 11 if the application is made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months.
18
No fee is payable in respect of an application referred to in regulations 7, 9, 10 and 12 if the application is made in respect of a person who, at the time of making the application, is a child and is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
19
1
Where two or more applications for limited leave to remain or indefinite leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable.
2
The fee payable shall be the higher, or as the case may be, the highest of the fees specified in respect of those applications, where those fees are different.
20
No fee is payable in respect of an application referred to in regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 if it is made under the terms of a European Community Association Agreement.
Fees for nationality applications
21
1
In the case of an application to which article 3(2)(f) or (g) of the 2007 Order applies, namely an application for naturalisation, the fee is £700.
2
Subject to paragraph (3), where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time of the applications are residing together, the total fee payable in respect of those applications is £850.
3
Paragraph (2) does not apply to any fee which is payable in respect of the arrangement of a citizenship ceremony.
22
1
Subject to paragraph (2), in the case of an application to which article 3(2)(h) to (l) of the 2007 Order applies, namely an application for registration of either an adult or a child, the fee is £500.
2
Where an application for registration of two children is made and those children have the same parent, or parents, the total fee payable in respect of that application shall be £600, with an increase of £150 to the application fee for every additional child registered
3
No fee is payable pursuant to this regulation where a person makes an application for registration under section 4C of the British Nationality Act 1981 .
4
In this regulation, “parent” includes a step-parent and an adoptive parent.
Fees for sponsorship applications
23
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is not in respect of a person who, if granted a sponsorship licence, would be a small sponsor, and the application is for a licence referred to in paragraph (2), the fee is £1,000.
2
The licences are —
a
a sponsorship licence in respect of Tier 2 migrants;
b
a sponsorship licence in respect of Tier 2 and Tier 4 migrants;
c
a sponsorship licence in respect of Tier 2 and Tier 5 migrants; and
d
a sponsorship licence in respect of Tier 2, Tier 4 and Tier 5 migrants.
Fees for entry clearance applications
24
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies, namely an application for entry clearance —
a
subject to sub-paragraph (b), where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £750;
b
where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £700;
c
where the application is for entry clearance as the dependant of a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £750;
d
subject to sub-paragraph (e), where the application is for entry clearance as a Tier 2 migrant, the fee is £350;
e
where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £300;
f
where the application is for entry clearance as the dependant of a Tier 2 migrant, the fee is £350;
g
subject to sub-paragraph (h), where the application is for entry clearance for settlement in the United Kingdom, the fee is £750;
h
where the application is for entry clearance for settlement in respect of a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules, the fee is £1,680;
i
where the application is for entry clearance as a visitor for a period of more than 6 months the fee is —
i
£245 for a period of more than 6 months and not more than 2 years;
ii
£450 for a period of more than 2 years and not more than 5 years;
iii
£650 for a period of more than 5 years and not more than 10 years;
j
where the application is for entry clearance other than —
i
for the purposes listed in sub-paragraphs (a) to (i);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
as a Tier 4 migrant;
v
as a Tier 5 migrant; or
vi
for passing through the United Kingdom,
the fee is £245.
2
This regulation is subject to regulations 25 and 26.
Exceptions and waivers in respect of fees for entry clearance applications
25
No fee is payable by the applicant in relation to an application referred to in regulation 24 where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
26
The official determining the application may waive the payment of a fee or reduce the fee required under regulation 24 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship;
b
where the official so decides as a matter of international courtesy; or
c
where the applicant intends to visit the United Kingdom in connection with one of the Foreign and Commonwealth Office’s Strategic or Bilateral Programmes.
Fee for the process of issuing a certificate of sponsorship
27
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee is £170 where the process is the issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the United Kingdom as a Tier 2 migrant.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fees for transfer of conditions
28
1
In the case of an application to which article 3(2)(c) of the 2007 Order applies where the application is made at a Public Enquiry Office of the UK Border Agency of the Home Office the fee is £600.
2
Where an application referred to in paragraph (1) is made by an applicant and at the same time a similar application is made on behalf of one of or more of his dependants, the fee in respect of each dependant’s application is £150.
Fee for Premium Case Working Service
29
In respect of an application to which article 3(2)(a) or (b) of the 2007 Order applies, namely an application for limited leave to remain in the United Kingdom, where the applicant has opted to make the application on a premium case working basis involving the attendance of a representative of the Secretary of State at the applicant’s premises resulting in a same day decision, the fee is £15,000.
Consequences of failing to pay the specified fee
30
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
31
These Regulations revoke the Immigration and Nationality (Fees) Regulations 2010 .
Damian Green
Minister of State
Home Office
21st November 2010
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 2010


text:
1
These Regulations may be cited as the Income and Corporation Taxes (Electronic Communications) (Amendment) Regulations 2010 and come into force on 4th January 2011.
2
1
This regulation amends the Income and Corporation Taxes (Electronic Communications) Regulations 2003 as follows.
2
After regulation 3(10), insert —
10A
Electronic communications need not be used to deliver a company tax return while the company required to deliver it by the notice mentioned in paragraph (10) —
a
has a liquidator appointed for the purposes of a creditors’ voluntary winding up (within sections 90 and 100 of the Insolvency Act 1986 or Articles 76 and 86 of the Insolvency (Northern Ireland) Order 1989 );
b
has a liquidator provisionally appointed by a court (within section 135 of that Act or Article 115 of that Order);
c
has a supervisor carrying out functions in relation to a company voluntary arrangement (within section 7(2) of or Schedule A1, paragraph 39(2) to that Act or Article 20(2) of or Schedule A1, paragraph 49(2) to that Order );
d
has a compromise or arrangement in effect (within Part 26 of the Companies Act 2006 ); or
e
is a limited liability partnership, and
i
has a liquidator appointed, or
ii
is the subject of a winding up order by the court,
(within section 1273(4)(a) of the Corporation Tax Act 2009 ).
.
3
After regulation 3(11), insert —
12
The exceptions created by paragraphs (10) to (11) also apply in circumstances corresponding to those listed or described there but governed by the law of a place outside the United Kingdom.
.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th December 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply in relation to billing authorities in England only.
3
Regulation 2 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 1 of the Schedule to these Regulations and which is made before 6th April 2010.
4
Regulation 3 does not apply in relation to an application which is of a type mentioned in the table substituted by Part 2 of the Schedule to these Regulations and which is made before 13th July 2009.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
For Schedule 4 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 , substitute the Schedule in Part 1 of the Schedule to these Regulations.
Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
3
For Schedule 6 to the Council Tax (Administration and Enforcement) Regulations 1992 , substitute the Schedule in Part 2 of 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
11th March 2010
Department for Communities and Local Government


text:
Citation and application
1
1
This Order may be cited as the School Admissions Code (Appointed Day) (England) Order 2010.
2
This Order applies in relation to England only.
Appointed Day
2
The day appointed for the coming into force of the School Admissions Code (a copy of a draft of which was laid before each House of Parliament on 10th December 2009) is 10th February 2010.
Diana Johnson
Parliamentary Under Secretary of State for Schools
Department for Children, Schools and Families
8th February 2010


text:
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010, and comes into force on 1st July 2010.
2
In this Order —
a
a reference to a numbered section is to that section of the Energy Act 2008; and
b
“Energy Act licence” means a licence granted under section 4 or section 18.
Offshore environmental assessment
Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999
2
1
The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (“the Regulations”) have effect with the following modifications.
2
In regulation 3(1) any reference to the conveyance of petroleum includes a reference to the conveyance of —
a
carbon dioxide; or
b
combustible gas.
3
For the purposes of regulation 3(1) —
a
“consent” —
i
in relation to a relevant project comprising a development, includes any consent required by or under a licence to the carrying on of a storage or unloading activity; and
ii
in relation to a relevant project as mentioned in sub-paragraph (d) below, includes any consent required under regulation 4(4)(b) as modified by paragraph (5) below;
b
“development” includes any project which has as its main object a storage or unloading activity;
c
“licence” includes an Energy Act licence;
d
“relevant project” includes the use of a mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas;
e
“structure” includes any structure which is —
i
used for or, as the case may be, to be used for the purpose of a storage or unloading activity, or for conveying carbon dioxide or combustible gas to or from land,
ii
intended to be permanent, and
iii
not designed to be moved from place to place without major dismantling; and
f
in the definition of “well”, the matters for the purposes of which, or in connection with which, the well or borehole is drilled include activities within section 2(3) or section 17(2); and the proviso in that definition applies to wells drilled for the purposes of activities within section 2(3)(e) or section 17(2)(c) as it applies to wells drilled in connection with the exploration for petroleum.
4
Regulation 4(2) also applies to the carrying on of any storage or unloading activity wholly or partly in the relevant area.
5
The requirement for prior written consent under regulation 4(4)(b) also applies to the use of any mobile installation for the purpose of carrying out test injections of carbon dioxide or combustible gas.
6
Regulation 5(2A) applies to an application for a renewal of a consent to the carrying on of a storage or unloading activity as it applies to an application for a renewal of a consent to the getting of petroleum (other than as the by-product of the drilling or testing of a well).
7
For the purposes of regulation 6(2)(b) and (5), the consents falling within regulation 6(5)(a) to (d) include any consent to —
a
the carrying on of a storage or unloading activity; or
b
the erection of any structure in relation to a project which has as its main object a storage or unloading activity.
8
In respect of the Regulations as so modified —
a
in regulations 6 to 8, any reference to an environmental statement is to an environmental statement prepared for the purposes of the Regulations; and
b
in regulation 12, any reference to a relevant project is to a relevant project in respect of which such an environmental statement is required to be prepared.
9
In this article —
a
“combustible gas “ means gas within the meaning of section 2(4); and
b
“storage or unloading activity” means any activity within —
i
section 2(3)(a) to (d), or
ii
section 17(2)(a) or (b).
Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
3
1
The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 have effect with the modifications in paragraphs (2) to (5), and are amended in accordance with paragraphs (6) and (7).
2
Those Regulations —
a
apply to activities within section 2(3) or section 17(2) as they apply to oil and gas activities; and
b
apply to activities within section 2(3) or section 17(2) carried on wholly or partly in a relevant area as they apply to offshore oil and gas activities.
3
For the purposes of the Regulations as modified by paragraph (2) —
a
a reference in regulation 4(2) to any provision in any Petroleum Act licence is to be read as a reference to any provision in any Energy Act licence; and
b
“relevant function” and “relevant power” include, without limitation, functions or (as the case may be) powers exercisable by the Secretary of State under the Petroleum Act 1998, Part 1 of the Energy Act 2008, or any Energy Act licence.
4
Notwithstanding those modifications, regulation 4(1) does not apply to an activity or procedure which must not be carried out in the relevant area without the prior written consent of the Scottish Ministers (or a body to whom functions have been transferred by the Scottish Ministers under section 34).
5
Regulations 5 and 7 apply to an Energy Act licence that has been or is to be granted as they apply to a Petroleum Act licence; and for the purposes of those regulations “consent” also includes a consent granted pursuant to an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999.
6
In regulation 2(1) —
a
omit the definition of “UKCS oil and gas activities”; and
b
for the definition of “the Wild Birds Directive” substitute —
“the Wild Birds Directive ” means Directive 2009/147/ EC of the European Parliament and of the Council on the conservation of wild birds .
.
7
In regulation 3 —
a
for “1994 Regulations” substitute “2010 Regulations”; and
b
for paragraph (2), substitute —
2
In this regulation, the “ 2010 Regulations ” means the Conservation of Habitats and Species Regulations 2010 .
.
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007
4
1
In regulation 2(2) of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 —
a
after the definition of “the EC Treaty”, insert —
“Energy Act licence” means a licence which is granted (or is to be granted) under Part 1 of the Energy Act 2008;
; and
b
for the definition of “Petroleum Act consent” substitute —
“Petroleum or Energy Act consent” means —
a consent granted pursuant to a Petroleum Act licence or an Energy Act licence, including any consent required pursuant to the Offshore Petroleum Productions and Pipe-lines (Assessment of Environmental Effects) Regulations 1999; or
a consent granted pursuant to regulation 4(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;
.
2
For regulation 25(6)(c) of those Regulations, substitute —
c
the granting by the Secretary of State of any Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence, or Energy Act licence;
.
3
For regulation 27(6)(c) of those Regulations, substitute —
c
requires a review by the Secretary of State of a Petroleum Act approval, Petroleum Act authorisation, Petroleum or Energy Act consent, Petroleum Act licence or Energy Act licence;
.
Other environmental legislation
Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001
5
In regulation 2 of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 —
a
in the definition of “platform” (which accordingly becomes a definition of “petroleum platform”) insert “petroleum” before “platform”;
b
after that definition insert —
“platform” means —
a petroleum platform; or
a storage or unloading platform;
;
c
after the definition of “relevant environmental statement” insert —
“reserved area” means the area (together with the places above and below it) comprising —
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
so much of the United Kingdom territorial sea as is adjacent to England or Northern Ireland; and
those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of the Energy Act 2008);
; and
d
after the definition of “Scottish controlled waters” insert —
“storage or unloading platform” means any fixed or floating structure situated in the reserved area which —
is used for the purposes of, or in connection with, an activity within section 2(3) or section 17(2) of the Energy Act 2008;
in the case of a floating structure, is maintained on a station during the course of carrying on such an activity; and
in either case, is not a structure the principal purpose of whose use is an activity within section 2(3)(e) or 17(2)(c);
.
Offshore Chemicals Regulations 2002
6
1
In regulation 2 of the Offshore Chemicals Regulations 2002 —
a
for the definition of “offshore activities”, substitute —
“offshore activities” means —
offshore petroleum activities; or
offshore storage or unloading activities;
;
b
for the definition of “offshore installation” substitute —
“offshore installation” means any structure or other thing (including any floating production storage and off-loading system or floating storage unit, but not including a ship) which —
is in the relevant area and is used for the purposes of, or in connection with, offshore petroleum activities; or
is in the reserved area and is used for the purposes of, or in connection with, offshore storage or unloading activities;
;
c
after the definition of “offshore installation” insert —
“offshore petroleum activities” —
means any activities in respect of which the Secretary of State exercises functions under the Petroleum Act 1998 , being activities carried out in the relevant area; but
does not include activities (“decommissioning activities”) carried out in connection with the abandonment of an offshore installation that, at the time of that abandonment, had last been used for the purposes of or in connection with offshore storage or unloading activities, unless those decommissioning activities are carried out in the reserved area;
“offshore storage or unloading activities” means any activities in respect of which the Secretary of State exercises functions under Part 1 of the Energy Act 2008, being activities carried out in the reserved area;
; and
d
after the definition of “relevant project” insert —
“reserved area” means the area (together with the places above and below it) comprising —
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
so much of the United Kingdom territorial sea as is adjacent to England or Northern Ireland; and
those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of the Energy Act 2008);
.
2
After that regulation 2 (which becomes regulation 2(1)) insert —
2
In these Regulations, any reference to the use or discharge of an offshore chemical in the relevant area is to be read, in relation to an offshore storage or unloading activity, as a reference to its use or discharge in the reserved area.
.
Offshore Installations (Emergency Pollution Control) Regulations 2002
7
In the Offshore Installations (Emergency Pollution Control) Regulations 2002 , after regulation 2, insert —
Application
2A
1
These Regulations apply to offshore storage or unloading installations as they apply to offshore installations.
2
For that purpose, “offshore storage or unloading installation” means an installation for the establishment or maintenance of which a licence under section 4 or 18 of the Energy Act 2008 is required.
.
Greenhouse Gas Emissions Trading Scheme Regulations 2005
8
In regulation 2(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2005 —
a
for the definition of “offshore installation”, substitute —
“offshore installation” means —
an offshore petroleum installation; or
an offshore storage or unloading installation;
;
b
after that definition, insert —
“offshore petroleum installation” means an installation which is —
used for purposes connected with the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998); and
is, or will be, situated in the area (together with places above and below it) comprising —
those parts of the sea adjacent to England and Wales from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea apart from those areas comprised in any controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 ; and
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
; and
c
after the definition of “Offshore Regulations” insert —
“offshore storage or unloading installation” means an installation which is —
used for purposes connected with an activity within section 2(3) or section 17(2) of the Energy Act 2008; and
is, or will be, situated in the area (together with places above and below it) comprising —
those parts of the sea adjacent to England from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea, other than the territorial sea adjacent to Scotland or Wales; and
those areas of sea in a Gas Importation and Storage Zone (within the meaning of section 1(5) of that Act);
.
Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005
9
1
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 have effect as follows.
2
The Regulations apply to an installation established or maintained for the purpose of an activity within section 2(3) or section 17(2) as they apply to an offshore installation as defined in regulation 2.
3
However, in relation to any installation established or maintained for the purpose of an activity within section 2(3) or section 17(2), any reference in those Regulations to relevant waters does not include tidal waters or parts of the sea in or adjacent to Scotland or Wales up to the seaward limits of the territorial sea.
REACH Enforcement Regulations 2008
10
In regulation 2(2) of the REACH Enforcement Regulations 2008 —
a
for the definition of “offshore installation” substitute —
“offshore installation” means —
an offshore installation within the meaning of section 44(1) of the Petroleum Act 1998 ; or
a carbon storage installation within the meaning of section 30(5) of the Energy Act 2008;
;
b
after that definition insert —
“relevant waters”, in relation to an offshore installation, has the meaning given in section 44(4) of the Petroleum Act 1998;
; and
c
after the definition of “relevant waters” insert —
“Scotland” includes Scottish controlled waters;
; and
d
for the definition of “Scottish controlled waters” substitute —
“Scottish controlled waters” means —
in relation to an offshore installation which is maintained (or intended to be established) for the purposes of the exploration for, or exploitation of, petroleum (within the meaning of section 1 of the Petroleum Act 1998), any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974; and
in relation to any other offshore installation, waters within the seaward limits of the territorial sea adjacent to Scotland.
.
Fluorinated Greenhouse Gases Regulations 2009
11
1
The Fluorinated Greenhouse Gases Regulations 2009 are amended as follows.
2
In regulation 3(5) —
a
after sub-paragraph (b)(i) insert —
ia
the exploration of any place in, under or over such waters with a view to the storage of gas;
ib
the conversion of any place in, under or over such waters for the purpose of storing gas;
;
b
in sub-paragraph (b)(ii), for “in or under the shore or bed of waters described in sub-paragraph (a)(i) and (ii)” substitute “in, under or over such waters”;
c
after sub-paragraph (b)(ii) insert —
iia
the unloading of gas at any place in, under or over such waters;
; and
d
in sub-paragraph (b)(iii), for “waters described in sub-paragraph (a)(i) and (ii)” substitute “such waters”.
3
After regulation 3(5) insert —
5A
In paragraph (5) —
a
references (in whatever form) to storing gas include storing gas with a view to its permanent disposal; and
b
“gas” means —
i
gas within the meaning of section 2(4) of the Energy Act 2008; or
ii
carbon dioxide.
.
Charles Hendry
Minister of State for Energy
Department of Energy and Climate Change
Date 1st June 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Information (England) (Amendment) Regulations 2010 and come into force on 1st September 2010.
2
These Regulations apply only in relation to England and only to information relating to the academic year 2011-2012 and subsequent years.
Amendment of the School Information (England) Regulations 2008
2
1
The School Information (England) Regulations 2008 are amended as follows.
2
In regulation 2 (Interpretation) in the appropriate place insert —
“the 2000 Regulations ” means the Education (School Government) (Terms of Reference) (England) Regulations 2000 ;
“ EA 2002 ” means the Education Act 2002 ;
“ EIA 2006 ” means the Education and Inspections Act 2006 ;
.
3
In regulation 10 (Publication of school prospectuses) —
a
for paragraph (1) substitute —
1
The governing body of a maintained school must publish a document (to be known as the school prospectus) containing —
a
the information specified in Schedule 4; and
b
such other information relating to the school as they consider appropriate.
.
b
after paragraph (4) insert —
4A
Where a website is maintained for the school by or on behalf of the governing body, the school prospectus must be published on that website.
.
4
In Schedule 2, in paragraph (10) after “The name” insert —
and e-mail address
.
5
In Schedule 2, insert the following paragraphs at the end of the Schedule —
18
A statement of the school’s ethos and values.
19
A summary of each of the following in relation to the school —
a
the curriculum policy for the school determined under regulation 8 of the 2000 Regulations;
b
any other policy adopted by the governing body or the head teacher with respect to the teaching given to pupils, including any policy for monitoring the progress of pupils;
c
the policy adopted by the governing body for meeting their duties under section 317 of the EA 1996 (duties of governing body in relation to pupils with special educational needs);
d
any policy adopted by the governing body for providing support to pupils who are looked after ; and
e
the policy determined by the head teacher under section 89 of the EIA 2006 (determination by head teacher of behaviour policy) with respect to the behaviour of pupils at the school.
.
6
After Schedule 3 insert the Schedule set out in the Schedule to these Regulations.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
25th March 2010


text:
Citation
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 12) Order 2010.
Appointed day
2
27th July 2010 is the day appointed for the coming into force of the following provisions of the Welfare Reform Act 2007 —
a
section 29 insofar as it relates to paragraphs 7 and 8 of Schedule 4;
b
paragraph 7 of Schedule 4 (treatment of existing awards); and
c
paragraph 8 of Schedule 4 (transitional allowances).
Signed by authority of the Secretary of State for Work and Pensions.
Chris Grayling
Minister of State,
Department for Work and Pensions
26th July 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply in relation to England only.
3
In these Regulations “the Principal Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc) Regulations 2007 .
4
The Principal Regulations are amended in accordance with regulations 2 to 5 and are subject to regulation 6.
Amendment of regulation 14 of the Principal Regulations
2
In regulation 14(1) and (2) of the Principal Regulations (voluntary adoption agencies) —
a
for “£690” in each place it occurs substitute “£759”; and
b
for “£345” in each place it occurs substitute “£379.50”.
Amendment of regulation 15 of the Principal Regulations
3
In regulation 15 of the Principal Regulations (adoption support agencies) —
a
in paragraph (1) for “£690” substitute “£759”; and
b
in paragraph (2) for “£345” substitute “£379.50”.
Amendment of regulation 17 of the Principal Regulations
4
1
Regulation 17 of the Principal Regulations (children’s homes etc) is amended in accordance with the following provisions of this regulation.
2
For paragraph (1) and the Table (children’s homes) substitute —
1
The registered provider in respect of a children’s home shall pay an annual fee and the amount of the annual fee shall be, where the children’s home —
a
has 3 or fewer approved places, £1093.40;
b
has between 4 and 76 approved places, the sum of –
i
£1093.40, plus
ii
an amount of £108.90 for each approved place from the 4th to the 76th inclusive; and
c
has more than 76 approved places, £9120.
.
3
In paragraph (2A) (residential family centres) —
a
in sub-paragraph (a) for “£662” substitute “£728.20”;
b
in sub-paragraph (b) —
i
for “8” substitute “7”,
ii
for “£662” substitute “£728.20”,
iii
for “£83” substitute “£91.30”, and
iv
for “8th” substitute “7th”; and
c
in sub-paragraph (c) for “8” substitute “7”.
4
In paragraph (3A) (boarding schools) —
a
in sub-paragraph (a) for “£432” substitute “£475.20”;
b
in sub-paragraph (b) —
i
for “24” substitute “21”,
ii
for “£432” substitute “£475.20”,
iii
for “£26” substitute “£28.60”, and
iv
for “24th” substitute “21st”; and
c
in sub-paragraph (c) for “25” substitute “22”.
5
In paragraph (3B) (residential colleges) —
a
in sub-paragraph (a) for “£432” substitute “£475.20”;
b
in sub-paragraph (b) —
i
for “23” substitute “20”,
ii
for “£432” substitute “£475.20”,
iii
for “£26” substitute “£28.60”, and
iv
for “23rd” substitute “20th”; and
c
in sub-paragraph (c) for “23” substitute “20”.
6
In paragraph (3C) (residential special schools) —
a
in sub-paragraph (a) for “£795” substitute “£874.50”;
b
in sub-paragraph (b) —
i
for “29” substitute “26”,
ii
for “£795” substitute “£874.50”,
iii
for “£79” substitute “£86.90”, and
iv
for “29th” substitute “26th”; and
c
for paragraphs (c) and (d) substitute —
c
has more than 26 approved places, £2899.
.
Amendment of regulation 18 of the Principal Regulations
5
In regulation 18(b) of the Principal Regulations (local authority fostering functions) for “£1987” substitute “£2185.70”.
Annual fee for the period commencing 1st April 2010 in certain cases
6
1
In the case of a local authority which paid the annual fee in respect of the discharge by the authority of relevant adoption functions under the Principal Regulations during the period from 1st April 2009 to 1st November 2009, the amount payable by that local authority in respect of the annual fee payable on 1st April 2010 shall be £1111.
2
In the case of —
a
the registered provider of Regional Foster Placements (South East), the amount payable by that provider in respect of the annual fee payable during the period from 1st April 2010 to 31st March 2011 shall be £1402; and
b
the registered provider of any other fostering agency which paid the annual fee under the Principal Regulations during the period from 1st April 2009 to 1st November 2009, the amount payable by that provider in respect of the annual fee payable during the period from 1st April 2010 to 31st March 2011 shall be £1207.
3
In the case of the registered provider of Dudley Lodge Residential Family Centre and Beacon Lodge Residential Family Centre, the amount payable by each provider in respect of the annual fee payable during the period from 1st April 2010 to 31st March 2011 shall be the amount payable under regulation 17(2A) of the Principal Regulations (residential family centres) less the sum of £271 in the case of Dudley Lodge and £188 in the case of Beacon Lodge.
4
In the case of the relevant person in respect of Bell Bedgebury boarding school, the amount payable by that person in respect of the annual fee payable during the period from 1st April 2010 to 31st March 2011 shall be the amount payable under regulation 17(3A) of the Principal Regulations (boarding schools) less the sum of £900.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
5th March 2010


text:
PART 1 Introductory and general
Title, application and commencement
1
These Regulations may be cited as the Animal Feed (England) Regulations 2010, apply in relation to England only and come into force on 23rd November 2010.
Interpretation and scope
2
1
In these Regulations —
“ the Act ” means the Agriculture Act 1970;
“Directive 82/475” means Commission Directive 82/475/ EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals ;
“Directive 2002/32” means Directive 2002/32/ EC of the European Parliament and of the Council on undesirable substances in animal feed ;
“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition ;
“Directive 2008/38” means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes ;
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC , Commission Directive 80/511/EEC , Council Directives 82/471/EEC , 83/228/EEC , 93/74/EEC , 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ;
“Regulation 242/2010” means Commission Regulation (EU) No. 242/2010 creating the Catalogue of feed materials ; and
“feed authority” means an authority identified in section 67(1) of the Act as having the duty to enforce Part IV of the Act within its area or district as the case may be.
2
Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.
3
Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38, Regulation 767/2009 or Regulation 242/2010 is a reference to that Annex as it may be amended from time to time.
4
These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation .
PART 2 Marketing and use of feed
Interpretation of this Part and Schedule 1
3
In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.
Enforcement of requirements of Regulation 767/2009
4
1
Subject to the transitional provisions contained in Article 32, any person who contravenes or fails to comply with any provision of Regulation 767/2009 specified in Schedule 1 is guilty of an offence.
2
Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in the Annex to Directive 82/475 may be indicated.
Competent authorities for the purposes of Regulation 767/2009
5
1
Each feed authority in its area or district as the case may be is the competent authority for the purposes of —
a
Article 5(3), 13(1)(a) and 17(3) and Annex VII , Chapter 1, paragraph 8; and
b
Article 13(1)(b) as the competent authority that may request scientific substantiation of a claim and to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.
2
The Food Standards Agency is the competent authority for the purposes of —
a
Article 26(1)(b); and
b
Article 13(1)(b) as the competent authority that may submit to the Commission doubts concerning the scientific substantiation of a claim.
3
The Food Standards Agency and each feed authority in its area or district as the case may be is the competent authority for the purposes of Article 5(2).
PART 3 Feed additives
Interpretation of this Part
6
In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.
Enforcement of requirements of Regulation 1831/2003
7
1
Any person who contravenes or fails to comply with any provision specified in paragraph (2) is guilty of an offence.
2
The provisions are —
a
Article 3, paragraphs (1) to (4), (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);
b
Article 12 (post-authorisation monitoring); and
c
Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).
PART 4 Undesirable substances in feed
Interpretation of this Part
8
In this Part —
a
any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive 2002/32; and
b
“undesirable substance” means any substance or product, not being a pathogenic agent, which is present in or on a feed and —
i
constitutes a potential danger to human or animal health or to the environment, or
ii
could adversely affect livestock production.
Control of animal feeds containing undesirable substances
9
1
Any person who —
a
places on the market any feed that is specified in column 2 of Annex I; or
b
uses any such feed,
is guilty of an offence if it contains any undesirable substance listed in column 1 of that Annex in excess of the relevant maximum content specified in column 3.
2
Any person who places on the market or uses any complementary feed is guilty of an offence if —
a
having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of Annex I in excess of the maximum content specified for it in column 3 in relation to complete feeds; and
b
there is no provision relating to any complementary feed in the corresponding entry in column 2 of that Annex.
3
Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of Annex I and which contains any undesirable substance listed in column 1 of that Annex in excess of the maximum content specified for it in column 3 is guilty of an offence.
4
Any person who places on the market or uses any feed which is not sound and genuine and of merchantable quality is guilty of an offence.
5
For the purposes of paragraph (4) a feed listed in column 2 of Annex I is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Annex in excess of the maximum content specified in relation to it in column 3.
6
Any person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) shall, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.
7
The feeds are —
a
palm kernel expeller;
b
feeds obtained from the processing of fish and other marine animals;
c
seaweed meal and feed materials derived from seaweed; and
d
complete feeds for fish or for fur-producing animals.
8
Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.
PART 5 Feeds for particular nutritional purposes
Interpretation of this Part
10
In this Part, “the Annex” means Part B of Annex I to Directive 2008/38, as read with paragraphs 1 and 7 of Part A of that Annex.
Control of feed intended for particular nutritional purposes
11
1
Any person who places on the market a feed intended for a particular nutritional purpose is guilty of an offence if the relevant requirements of paragraphs (2) to (9) are not met.
2
In relation to any particular nutritional purpose specified in column 1 of the Annex —
a
the feed must be intended for the animals specified opposite that particular nutritional purpose in column 3 of the Annex; and
b
it must be recommended that the feed be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of the Annex.
3
Where a group of additives is specified in column 2 or 4 of the Annex, the additive(s) used must be authorised as corresponding to the specified essential characteristic.
4
Where the source of ingredients or analytical constituents is required in column 4 of the Annex, the manufacturer must make a precise declaration (for example the specific name of the ingredient, the animal species or the part of the animal) allowing the evaluation of conformity of the feed with the corresponding essential nutritional characteristics.
5
Where the declaration of a substance that is also authorised as an additive is required in column 4 of the Annex and is accompanied by the expression “total”, the declared content must refer to the quantity naturally present where none is added or, as appropriate, the total quantity of the substance naturally present and the amount added as an additive.
6
The declarations specified in column 4 of the Annex with the reference “if added” must be provided where the ingredient or the additive has been incorporated or increased specifically to enable the achievement of the particular nutritional purpose.
7
The declarations to be given in accordance with column 4 of the Annex concerning analytical constituents and additives must be quantitative.
8
Where a feed is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in the Annex.
9
In the case of a complementary feed intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use on the label.
PART 6 Administration and enforcement
Penalties for offences under these Regulations
12
1
Any person found guilty of an offence under regulation 4(1), 7(1) or 9(1), (2), (3) or (4) or 11(1) is liable —
a
on summary conviction, to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or
b
on conviction on indictment, to a term of imprisonment not exceeding three months or to a fine, or both.
2
Any person found guilty of an offence under regulation 9(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Duties to enforce
13
It is the duty of each feed authority within its area or district as the case may be to execute and enforce the provisions of these Regulations.
PART 7 Amendments and modifications of the Agriculture Act 1970
Amendments and modifications of the Agriculture Act 1970
14
1
The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
2
In section 66 (interpretation of Part IV) —
a
in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —
“Regulation (EC) No 1831/2003 ” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
“Regulation (EC) No 767/2009 ” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC , Commission Directive 80/511/EEC , Council Directives 82/471/EEC , 83/228/EEC , 93/74/EEC , 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ;
; and
b
for subsection (2) substitute the following —
2
For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
.
3
In section 68 (duty of seller to give statutory statement) —
a
after subsection (5) insert the following subsection —
5A
Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.
;
b
after subsection (6) add the following subsection —
7
Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.
.
4
In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.
5
In section 70 (use of names or expressions with prescribed meanings) —
a
subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009 ” were substituted for the expression “by regulations made for the purposes of this section”; and
b
after subsection (5) add the following subsection —
6
Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.
.
6
In section 71 (particulars to be given of certain attributes if claimed to be present) —
a
subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —
i
the expression “the requirements of Article 13 of Regulation (EC) No 767/2009 ” were substituted for the expression “subsection (1) of this section”; and
ii
“that Article” were substituted for “that subsection”;
b
after subsection (5) add the following subsection —
6
Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.
.
7
Sections 73 and 73A shall cease to have effect.
8
In section 74 (limits of variation) after subsection (2) add the following subsection —
3
Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.
.
9
In section 74A, subsection (3) shall not apply to regulations concerning feed.
PART 8 Amendments to Regulations
Amendment of the Feed (Hygiene and Enforcement) (England) Regulations 2005
15
1
The Feed (Hygiene and Enforcement) (England) Regulations 2005 are amended in accordance with paragraphs (2) to (6).
2
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “agricultural analyst” insert the following definition —
“the Animal Feed Regulations ” means the Animal Feed (England) Regulations 2010;
; and
b
after the definition of “Regulation 183/2005” insert the following definition —
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC , Commission Directive 80/511/EEC , Council Directives 82/471/EEC , 83/228/EEC , 93/74/EEC , 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ;
.
3
In paragraph (2)(b) of regulation 15 (offences, penalties and enforcement) omit the expression “food-producing”.
4
For paragraph (13) of regulation 24 (powers of entry for authorised officers) substitute the following paragraph —
13
In this regulation —
a
“compound feeding stuff” bears the same meaning as “compound feed” as defined in Article 3(1)(h) of Regulation 767/2009; and
b
“feeding stuff which is intended for a particular nutritional purpose” bears the same meaning as “feed intended for particular nutritional purposes” as defined in Article 3(1)(o) of that Regulation.
.
5
In each of regulations 35(1) and (2), 36(1) and (3) and 37(1) and (2) after the words “these Regulations” insert “or the Animal Feed Regulations”.
6
In Schedule 1 (specified feed law) —
a
for the expression “The Feeding Stuffs (England) 2005” substitute “The Animal Feed (England) Regulations 2010”; and
b
add at the end “Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed”.
Amendment of the Official Feed and Food Controls (England) Regulations 2009
16
1
The Official Feed and Food Controls (England) Regulations 2009 are amended in accordance with paragraph (2).
2
In paragraph (f) of Schedule 2 (definition of relevant feed law), for the expression “the Feeding Stuffs (England) Regulations 2005” substitute “the Animal Feed (England) Regulations 2010”.
Revocations
17
The Regulations or parts of them listed in Schedule 2 are revoked.
Signed by authority of the Secretary of State for Health
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
13th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2010 and come into force on 1st November 2010.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
In the Jobseeker’s Allowance Regulations 1996 , at the beginning of Part 3 (after the heading “OTHER CONDITIONS OF ENTITLEMENT”) insert the following new regulation —
The contribution-based conditions and relevant earnings
45A
1
A claimant’s relevant earnings for the purposes of section 2(2)(b) of the Act are the total amount of the claimant’s earnings at the lower earnings limit for the base year.
2
For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.
.
Amendment of the Employment and Support Allowance Regulations 2008
3
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
At the beginning of Part 3 (after the heading “CONDITIONS OF ENTITLEMENT — CONTRIBUTORY ALLOWANCE”) insert the following new regulation —
Conditions relating to national insurance and relevant earnings
7A
1
A claimant’s relevant earnings for the purposes of paragraph 1(2)(a) of Schedule 1 to the Act (employment and support allowance: conditions relating to national insurance) are the total amount of the claimant’s earnings at the lower earnings limit for the base tax year.
2
For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.
.
3
For regulation 8(1)(b) (relaxation of the first contribution condition) substitute —
b
the claimant has —
i
earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or
ii
earnings factors in that tax year derived from Class 2 contributions multiplied by 26.
.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
6th October 2010


text:
Citation and commencement
1
1
This Order may be cited as the Service Voters’ Registration Period Order 2010.
2
This Order comes into force on the day after the day on which it is made.
Persons registered in a register of electors pursuant to a service declaration
2
Section 15(2)(a) of the Representation of the People Act 1983 (service declaration) shall have effect in relation to the persons mentioned in section 14(1)(a) and (d) of that Act (members of the forces and their spouses or civil partners) as if for “the period of 12 months” there was substituted “the period of 5 years” .
Consequential amendment to the Representation of the People (England and Wales) Regulations 2001
3
For regulation 25(3)(b) of the Representation of the People (England and Wales) Regulations 2001 substitute —
b
in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.
.
Consequential amendment to the Representation of the People (Scotland) Regulations 2001
4
For regulation 25(3)(b) of the Representation of the People (Scotland) Regulations 2001 substitute —
b
in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.
.
Consequential amendment to the Representation of the People (Northern Ireland) Regulations 2008
5
For regulation 26(3)(b) of the Representation of the People (Northern Ireland) Regulations 2008 substitute —
b
in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.
.
Revocation
6
The Service Voters’ Registration Period Order 2006 and the Service Voters’ Registration Period (Northern Ireland) Order 2008 are revoked.
Jack Straw
Secretary of State
Ministry of Justice
18th March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Amendment) Regulations 2010.
2
Subject to paragraphs (3) and (4), these Regulations shall come into force on 1st June 2010.
3
Regulation 2(3) shall come into force on 1st December 2010.
4
Regulation 2(4) shall come into force on 1st June 2015.
Amendments
2
1
The Waste Electrical and Electronic Equipment Regulations 2006 are amended as follows.
2
In regulation 2, for the definition of “dangerous substance or preparation” substitute —
“dangerous substance or mixture” means any substance or mixture which has to be considered dangerous under Council Directive 67/548/ EEC of 27th June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances or Directive 1999/45/ EC of the European Parliament and of the Council of 31st May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations ;
3
In regulation 2, for the definition of “dangerous substance or mixture” substitute —
“dangerous substance or mixture” means any mixture which has to be considered dangerous under Directive 1999/45/EC of the European Parliament and of the Council of 31st May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations or any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures :
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
hazard class 4.1; and
hazard class 5.1;
.
4
In regulation 2, for the definition of “dangerous substance or mixture” substitute —
“dangerous substance or mixture” means any substance or mixture which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures:
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
hazard class 4.1; and
hazard class 5.1;
.
5
In regulation 17(2)(b), for “preparations” substitute “mixtures”.
6
In regulation 20(2), for “15th October” substitute “15th November”.
7
In regulation 20(6), for “1st December of the year immediately preceding the commencement” substitute “15th January”.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
31st March 2010


text:
Citation and commencement
1
This Order may be cited as the Childcare (Exemptions from Registration) (Amendment) Order 2010 and comes into force on 8th April 2010.
Amendments to the Childcare (Exemptions from Registration) Order 2008
2
1
The Childcare (Exemptions from Registration) Order 2008 is amended as follows.
2
In Article 3, omit “or” after sub paragraph (b) and after sub-paragraph (c) insert “; or” and the following —
d
for —
i
a child or children in the course of a friendship with the parents of that child or children; and
ii
the provision is not made in exchange for payment.
.
3
In this Article “payment” means a payment of money or money’s worth, but does not include the provision of goods or services.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
10th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Regional Strategy) (England) Regulations 2010 and shall come into force on 1st April 2010.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Democracy, Economic Development and Construction Act 2009;
“general consultation bodies” means the following bodies —
bodies which represent the interests of persons carrying on business in the region;
bodies which represent the interests of different racial, ethnic or national groups in the region;
bodies which represent the interests of different religious groups in the region;
bodies which represent the interests of disabled persons in the region;
voluntary bodies some or all of whose activities benefit any part of the region;
“relevant authorities” means —
a district council;
a county council;
a National Park authority;
the Broads Authority;
“ RRA ”, in relation to a region, means the responsible regional authorities for that region ;
“the sustainability appraisal” means the appraisal of the sustainability of the proposals in the draft revision of the regional strategy”;
“the sustainability appraisal report” means the report of the findings of the sustainability appraisal;
“specific consultation bodies” means the following bodies —
any of the relevant authorities whose area is wholly or partly in or adjoins the RRA’s region;
a parish council any part of whose area is in or adjoins the RRA’s region;
the RRA for each adjoining region, or, where the region adjoins London, the Mayor of London;
Natural England;
the Commission for Rural Communities;
the Historic Buildings and Monuments Commission for England;
the Homes and Communities Agency;
the Environment Agency;
Network Rail;
the Highways Agency;
the Trades Union Congress;
the Council of the Isles of Scilly;
any person —
to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003 (application of the electronic communications code); and
who owns or controls electronic communications apparatus situated in any part of the region;
any —
Strategic Health Authority;
person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989 (licences authorising supply etc. );
person to whom a licence has been granted under section 7(2) of the Gas Act 1986 (licensing of gas transporters);
sewerage undertaker;
water undertaker;
exercising functions in any part of the region.
Statement of policies on community involvement
3
In complying with the duty under section 75 of the Act (preparation and publication of statement of policies as to involvement of persons interested in exercise of RRAs functions in revision of regional strategy), an RRA must —
a
indicate in the policies to be included in the statement —
i
the way in which persons who appear to the RRA to have an interest in the exercise of functions in relation to the revision of the regional strategy will be involved; and
ii
the stages in the process of revision at which they will be involved;
b
include among the persons to be involved —
i
the specific consultation bodies; and
ii
such of the general consultation bodies as the RRA considers appropriate; and
c
publish the statement together with details of the times and places at which the statement may be inspected.
Revision of regional strategy: project plan
4
1
Before preparing a draft revision of the regional strategy under section 74 of the Act (review and revision by responsible regional authorities), the RRA must prepare a project plan in relation to the revision, setting out the dates when —
a
consultation on the draft revision and the sustainability appraisal report are expected to take place;
b
the examination in public is expected to be held;
c
the examination in public report is expected to be published;
d
the draft revision and the sustainability appraisal report are expected to be published under section 78(1) of the Act (approval of revision by Secretary of State); and
e
the final revision as approved is expected to be published.
2
The RRA must publish the project plan, and submit a copy to the Secretary of State.
3
The project plan, and any revisions to the plan, must be agreed with the Secretary of State.
4
Where revisions to the plan have been agreed with the Secretary of State, the RRA must publish the revised plan together with reasons for the revision.
5
The RRA must comply with the project plan, or revised project plan (as the case may be), in the exercise of their functions in relation to revision of the regional strategy.
Annual monitoring reports
5
1
The period of twelve months specified for the purposes of section 81(3)(a) of the Act (implementation) is that commencing on 1st April in each year.
2
The date specified for the purposes of section 81(3)(c) of the Act is 28th February in the year following that in respect of which the report under section 81(2) of the Act is prepared.
Access to meetings and documents of the Leaders’ Board
6
1
Subject to paragraphs (2) to (5), Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) shall apply to a Leaders’ Board as it applies to a principal council .
2
Sections 100EA (inspection of records relating to functions exercisable by members) and 100J (application to new authorities etc ) do not apply.
3
Section 100A (admission to meetings of principal councils) shall have effect as if, in subsection (3)(a), the words “or Regional Development Agency” were inserted following “a Government department”.
4
A reference in the Part to the offices of the council (however expressed)–
a
is to be treated as a reference to such premises located within the region as the Leaders’ Board considers appropriate, and
b
in the application of section 100A(6)(a) to a case where the meeting is to be held at premises other than those mentioned in sub-paragraph (a) above, includes a reference to those other premises.
5
Schedule 12A to the Local Government Act 1972 (access to information: exempt information) shall have effect as if any reference to “the authority” included a reference to a Leaders’ Board.
Treatment of areas of National Parks falling within more than one region
7
For the purposes of Part 5 of the Act (regional strategy) —
a
the area of the New Forest National Park (which falls within the South East region and the South West region) is to be treated as falling wholly within the South East region;
b
the area of the North York Moors National Park (which falls within the Yorkshire and the Humber region and the North East region) and the area of the Yorkshire Dales National Park (which falls within the Yorkshire and the Humber region and the North West region) are to be treated as falling wholly within the Yorkshire and the Humber region; and
c
the area of the Peak District National Park (which falls within the East Midlands region, the West Midlands region, the North West region and the Yorkshire and the Humber region) is to be treated as falling wholly within the East Midlands region.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
1st March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2010.
2
This Order shall come into operation on the first day of January 2011.
Establishment of fees
2
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2009 . The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article —
1
by the ecclesiastical judges and legal officers named in that Schedule in respect of carrying out by them of the duties of their offices specified in that Schedule; and
2
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
Revocation of 2009 Order
3
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2009 is hereby revoked.
Supplementary annual fee
4
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence, accommodation and court hearings
5
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
Value Added Tax
6
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
David Williams
Clerk to the Synod
Church House, London
9th July 2010