type: legislation

jurisdiction: UK

text:
PART 1 Introductory
Citation, commencement and effect
1
1
These Regulations may be cited as the National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011.
2
These Regulations come into force on 28th November 2011 and, save as provided in paragraphs (3) to (6), have effect from that date.
3
Regulations 18 and 30 have effect from 1st April 2008.
4
Regulations 15 and 24 have effect from 9th February 2011.
5
Regulations 6(b), 7, 9, 13, 17, 19, 22, 29, 31 and 33 have effect from 6th April 2011.
6
Regulations 11, 23 and 34 have effect from 19th July 2011.
PART 2 Amendment of the National Health Service Pension Scheme Regulations 1995
General
2
The National Health Service Pension Scheme Regulations 1995 are amended in accordance with this Part.
Amendment of regulation A2
3
In regulation A2 (interpretation) —
a
after the definition of “ GDS contract”, insert —
“GDS contractor” means a person who is a party to a GDS contract, other than a Primary Care Trust or a Local Health Board;
; and
b
in the definition of “host Trust or Board” , at the end, add —
c
in respect of a type 1 dental practitioner, means each Primary Care Trust or Local Health Board with whom that practitioner is contracted to provide services under a GDS contract or has entered into an agreement to provide services under a PDS agreement;
.
Amendment of regulation B2
4
In paragraph (1)(q) of regulation B2 (restrictions on membership) , for “(iii) has, in respect of that pensionable employment, either received a repayment of contributions or exercised the right to a transfer payment under Part M” substitute —
iv
has, in respect of that pensionable employment, either received a repayment of contributions under regulation L2 or exercised the right to a transfer payment under Part M
.
Amendment of regulation D2
5
In paragraph (1B) of regulation D2 (contributions by employing authorities), for “take the advice of the Scheme Actuary” substitute “consider the advice of the Scheme Actuary”.
Amendment of regulation E6
6
Regulation E6 (lump sum on retirement) is amended as follows —
a
in paragraph (2) , for “the yearly rate of the pension” substitute “that part of the yearly rate of the pension which is attributable to contributions paid under Part D”; and
b
in paragraph (8) , for “has attained the age of 75” substitute “attained the age of 75 on or before 5th April 2011”.
Amendment of regulation F2
7
In paragraph (7) of regulation F2 (member dies after pension becomes payable), after “paragraph (1)”, insert “dies on or before 5th April 2011 and”, and for “has” substitute “had”.
Amendment of regulation S2
8
In paragraph (1A)(c)(ii) of regulation S2 (reduction of pension on return to NHS employment), after “(nurses, physiotherapists, midwives and health visitors)” insert “or regulation R3(9) (mental health officers)”.
Amendment of regulation T2A
9
Regulation T2A (deduction of tax: further provisions) is amended as follows —
a
in paragraph (11), for “35 per cent” substitute “55 per cent”; and
b
after paragraph (11), insert —
11A
Where —
a
a lump sum on death is payable in accordance with regulation F2 (member dies after pension becomes payable); and
b
that lump sum is payable in respect of a member who had reached the age of 75 at the date of the member’s death,
the scheme administrator shall deduct tax at the rate referred to in paragraph (11) from the lump sum payable in accordance with section 206 of the 2004 Act.
11B
Where —
a
the Secretary of State’s liability to pay a pension under regulation E1 (normal retirement pension) is discharged by the payment of a lump sum in accordance with paragraph (4) of that regulation; and
b
that lump sum payment is made to a member who has reached the age of 75,
the scheme administrator shall deduct tax at the rate of 55 per cent (or such other amount as applies from time to time) from the lump sum payable in accordance with section 205A of the 2004 Act.
.
Amendment of regulation T7
10
For paragraph (3)(b) of regulation T7 (commutation of trivial pensions), substitute —
b
either —
i
the lump sum rule and lump sum death benefit rule, or
ii
the requirements of regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (payments by larger pension schemes) .
.
Amendment of regulation U1A
11
After paragraph (1)(g) of regulation U1A (determinations by medical practitioners) , add —
h
able to satisfy the severe ill health condition for the purposes of subsection (3)(a) of section 229 of the 2004 Act (total pension input amount).
.
Amendment of Schedule 2
12
1
Schedule 2 (medical and dental practitioners) is amended as follows.
2
In paragraph 1 (additional definitions used in this schedule), at the end of the definition of “practitioner income”, add “, or as the case may be, paragraph 3(2A)”.
3
In paragraph 3 (meaning of “pensionable earnings”) —
a
in sub-paragraph (2A) , for paragraph (b), substitute —
b
does not include —
i
charges collected from patients which are not required, by virtue of such directions, to be so set off,
ii
income received by a practitioner to whom regulation B2 (restrictions on membership), regulation B3 (restriction on further participation in this Section of the scheme) or regulation B4 (opting-out of this Section of the scheme) applies, or
iii
income received on or after 7th November 2011 by a practitioner in respect of the performance of services under a GDS contract or a PDS agreement to which the practitioner’s employer is not a party.
;
b
for sub-paragraph (2C) , substitute —
2C
Where the income of a type 1 dental practitioner includes payments made under a GDS contract or a PDS agreement consisting of all or any of —
a
monthly seniority payments;
b
maternity leave, paternity leave, parental leave or adoption leave payments; and
c
sickness leave payments,
those payments are practitioner income for the purposes of this paragraph (that is, they are pensionable earnings notwithstanding that they are not included in the calculation of the pensionable earnings ceiling for a particular GDS contract or PDS agreement).
.
4
Paragraph 5A (distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor) is omitted.
5
Paragraph 10 (contributions to this section of the scheme) is amended as follows —
a
in sub-paragraph (2I) —
i
for “, which” substitute “on the basis of whichever of the following the host Trust or Board considers the most appropriate in the circumstances”;
ii
in paragraphs (a) and (b), at the beginning, insert “the amount of the practitioner’s (other than a dentist performer) or non-GP provider’s earnings that”; and
iii
in paragraph (c) —
aa
at the beginning, insert “the amount of such earnings that”; and
bb
after “practitioner’s” insert “(not being a dentist performer)”;
b
in sub-paragraph (2K) —
i
in paragraph (a), at the beginning, insert “reconciled or”;
ii
in paragraph (b), after “required to”, insert “reconcile or”; and
iii
in sub-paragraph (i) of paragraph (b), insert “reconciled,” before the word “certified” in both places where it occurs;
c
in sub-paragraph (2L) —
i
for “, which” substitute “on the basis of whichever of the following the host Trust or Board considers the most appropriate in the circumstances”; and
ii
in paragraphs (a), (b) and (c), at the beginning, insert “the amount of the performer’s earnings that”.
6
Paragraph 13 (early retirement pension (employer’s consent)) is omitted.
7
In paragraph 23 (accounts and actuarial reports) , for sub-paragraphs (4) to (12), substitute —
4
Within 1 month of the end of each financial year, a host Trust or Board must give to each —
a
GDS or PDS contractor with which that host Trust or Board is a party to a GDS contract or a PDS agreement, a notice which sets out, in accordance with the host Trust or Board’s records, the amount of the pensionable earnings ceiling and the amount of the pensionable earnings the contractor has paid to every type 1 dental practitioner who has performed services under that contract or agreement during that financial year (“an annual reconciliation notice”); and
b
type 1 dental practitioner referred to in (a), a notice which sets out the amount of pensionable earnings each practitioner has been paid for that financial year as indicated in the host Trust or Board’s records (“a performer’s notice”).
5
Within 3 months of the end of each financial year the GDS or PDS contractor must return the annual reconciliation notice to the host Trust or Board stating —
a
that the amounts referred to in sub-paragraph (4)(a) are correct or, where either or both of those amounts are incorrectly shown in the notice, the correct figure or figures;
b
in the case of a type 1 dental practitioner whose earnings, during the period covered by the annual reconciliation notice, are not pensionable because they fall within paragraph 3(2A)(b) of this Schedule, the earnings that would otherwise have been pensionable if that paragraph did not apply;
c
the amount of any monthly seniority payments, maternity leave payments, paternity leave payments, adoption leave payments, parental leave payments or sickness leave payments paid under the contract or agreement during the financial year;
d
the amount of pensionable earnings the contractor has paid to each type 1 dental practitioner under the contract or agreement during the financial year;
e
whether each type 1 dental practitioner who performed services under the contract or agreement referred to in sub-paragraph (4)(a) was given the opportunity to verify the pensionable earnings declared for them in the annual reconciliation notice; and
f
the name and dentist’s reference number of any type 1 dental practitioner who —
i
failed to verify; or
ii
disagrees with,
the amounts declared for them in the annual reconciliation notice and, where paragraph (ii) applies, the reason for the disagreement.
6
Within 3 months of the end of each financial year, each type 1 dental practitioner who performed services under the contract or agreement referred to in sub-paragraph (4)(a) must return the performers’ notice to the host Trust or Board, stating —
a
that they were (or were not, as the case may be) in pensionable employment for the period covered by the performer’s notice;
b
that they were (or were not, as the case may be) directly employed by the contractor referred to in sub-paragraph (4)(a) during the period covered by the performer’s notice;
c
in the case of a practitioner, who was in pensionable employment during the period covered by the notice, the pensionable earnings they received under the contract or agreement during that period;
d
in the case of a practitioner whose earnings, during the period covered by the performer’s notice, fell within paragraph 3(2A)(b) of this Schedule, the earnings that would otherwise have been pensionable if that paragraph did not apply;
e
the amount of any monthly seniority payments, maternity leave payments, paternity leave payments, adoption leave payments, parental leave payments or sickness leave payments received by the practitioner under the contract or agreement during the financial year; and
f
whether the practitioner and contractor have together verified that any amounts the practitioner has declared in respect of sub-paragraph (6)(c), (d) or (e) are the same as the equivalent amounts declared in the annual reconciliation notice referred to in sub-paragraph (5).
7
Within 3 months of the end of each financial year, a type 2 dental practitioner must provide the host Trust or Board with whom their employer has entered into a GDS contract or a PDS agreement, with a notice of their pensionable earnings based on —
a
the payments they have received from their employer for practitioner services provided under that GDS contract or PDS agreement during that financial year; and
b
the pensionable earnings they have received, as a type 2 dental practitioner, from all other type 2 dental practitioner sources during that financial year.
8
An employing authority may, in exceptional circumstances, and with the agreement of the Secretary of State, arrange or agree a different time limit for the issue and return of the certificates, notices or statements referred to in sub-paragraphs (2) to (7) and may, if a material particular has changed, accept a replacement.
9
Subject to sub-paragraph (10), an annual reconciliation notice will be invalid if —
a
it contains information that the employing authority’s records show is inaccurate or misleading in a material particular;
b
subject to sub-paragraph (8), it is not received within the specified time limit;
c
the total of the amounts specified in it in respect of each type 1 dental practitioner that performed services under the contract or agreement referred to in sub-paragraph (4)(a) is greater than the aggregate of the pensionable earnings ceiling referred to in sub-paragraph (4)(a) and the amount referred to in sub-paragraph 5(c);
d
it is incomplete in any material particular; or
e
one or more of the practitioners referred to in it did not, for whatever reason, verify the earnings figure the contractor has declared for them.
10
Where an employing authority has received an annual reconciliation notice which is valid for some or all of the practitioners listed in it, the amounts notified to that employing authority for the financial year to which the notice relates will, subject to sub-paragraphs (16), (17) and (18), be the pensionable earnings for those practitioners.
11
Where an employing authority has received an annual reconciliation notice which is invalid for some or all of the practitioners listed in it, the pensionable earnings for those practitioners for the financial year to which the notice relates will be —
a
zero, where the employing authority’s records show that value or the authority is unable to estimate the value of the practitioner’s pensionable earnings; or
b
the figure that the employing authority estimates will represent that practitioner’s share of the aggregate of the pensionable earnings ceiling referred to in sub-paragraph 4(a) and the amount referred to in sub-paragraph (5)(c) (“the maximum amount”), less the difference between —
i
that maximum amount, and
ii
the total of the monthly amounts in respect of which estimated contributions to this Section of the scheme under regulation D1 (contributions by members) were paid on account during the financial year to which the earnings relate,
but if the total mentioned in sub-paragraph (ii) is greater than the maximum amount, then no amount is to be deducted pursuant to this sub-paragraph.
12
In respect of each scheme year, each employing authority and GDS or PDS contractor shall provide the Secretary of State with a statement of estimated pensionable earnings in respect of any —
a
non-GP provider that is a GMS or PMS practice or an APMS contractor who assists in the provision of NHS services provided by that GMS or PMS practice or APMS contractor;
b
type 1 medical practitioner who performs medical services as, or on behalf of, the practice or contractor;
c
type 2 medical practitioner employed by the practice or contractor;
d
type 1 dental practitioner who performs services under a GDS contract or a PDS agreement, or
e
type 2 dental practitioner employed or engaged to perform services under a GDS contract or a PDS agreement.
13
In respect of each scheme year, each employing authority and GDS or PDS contractor shall, in respect of type 2 medical or dental practitioners employed or engaged by the practice or contractor, provide the Secretary of State with an end-of-year statement of —
a
pensionable earnings;
b
contributions to this Section of the scheme made under regulation D1 (contributions by members) and the modifications to that regulation referred to in paragraph 10 of this Schedule;
c
contributions to this Section of the scheme made under regulation D2 (contributions by employing authorities) and the modifications to that regulation referred to in paragraph 10 of this Schedule; and
d
any pensionable earnings deemed in accordance with regulation P1 (absence because of illness or injury or certain types of leave) and the modifications to that regulation referred to in paragraph 19 of this Schedule.
14
The Secretary of State shall be provided with —
a
the statement referred to in sub-paragraph (12) at least 1 month before the beginning of that scheme year;
b
the statement referred to in sub-paragraph (13) no later than 3 months after the end of that scheme year.
15
A host Trust or Board shall, for each scheme year and no later than 13 months after the end of each scheme year, forward to the Secretary of State a copy of the records the host Trust or Board maintains in respect of —
a
all contributions to this Section of the scheme made under paragraph 10 of this Schedule in respect of type 1 medical practitioners and non-GP providers; and
b
their pensionable earnings.
16
Subject to sub-paragraphs (17) and (18), if, in respect of a scheme year, a practitioner or non-GP provider has failed to comply with the requirements of whichever of sub-paragraphs (2), (3), (5), (6) or (7) applies to that member, the member’s pensionable earnings for that scheme year shall be zero.
17
If, in respect of a scheme year, the employing authority of a practitioner or non-GP provider member is in possession of a figure representing all or part of that member’s pensionable earnings for that year, the Secretary of State may treat that figure as the amount of that member’s pensionable earnings for that year where —
a
that member has failed to comply with the requirements of whichever of sub-paragraphs (2), (3), (5), (6) or (7) applies to them, and
b
a benefit in respect of that member’s service as a practitioner or non-GP provider is payable to, or in respect of them, under these Regulations.
18
If, in respect of a scheme year, a practitioner or non-GP provider —
a
dies without complying with the requirements of whichever of sub-paragraphs (2), (3), (5), (6) or (7) applies to them; or
b
is, in the opinion of the Secretary of State, unable to look after their own affairs by reason of illness or lack of capacity within the meaning of the Mental Capacity Act 2005,
the Secretary of State may require that practitioner’s or non-GP provider’s personal representatives or person (or persons) duly authorised to act on the member’s behalf to provide the relevant certificate, notice or statement within the period specified in sub-paragraph (19).
19
The period is —
a
that referred to in whichever of sub-paragraphs (2), (3), (5), (6) or (7) was or is applicable to them; or
b
such other period as the Secretary of State permits.
20
The certificates, notices and statements referred to in this paragraph —
a
shall be in such form as the Secretary of State shall from time to time require;
b
may be provided to the Secretary of State in such manner as the Secretary of State may from time to time permit.
.
Amendment of Schedule 2A
13
In paragraph 7 of Schedule 2A (pension sharing on divorce or nullity of marriage or on the dissolution or nullity of a civil partnership) , in sub-paragraph (5), after “paragraph (1)”, insert “dies on or before 5th April 2011 and”, and for “has” substitute “had”.
PART 3 Amendment of the National Health Service Pension Scheme Regulations 2008
Part 3: General
14
The National Health Service Pension Scheme Regulations 2008 are amended in accordance with this Part.
Amendment of regulation 2.A.5
15
In regulation 2.A.5(1) (meaning of “qualifying service”) —
a
at the end of sub-paragraph (f) omit “and”; and
b
after sub-paragraph (g), add —
h
in the case of a Waiting Period Joiner referred to in regulation 2.L.1 , a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; and
i
in the case of a person who is eligible to join this Section of the Scheme by virtue of regulation 2.B.1(5)(e), (g) or (h) (eligibility: general), a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.
.
Amendment of regulation 2.C.1
16
In paragraph (8) of regulation 2.C.1 (contributions by members), for “(3)” substitute “(3A)”.
Amendment of regulation 2.D.15
17
In paragraphs (4) and (5) of regulation 2.D.15 (option for members in serious ill-health to exchange whole pension for lump sum), the words “and before reaching the age of 75” are omitted.
Amendment of regulation 2.E.9
18
In paragraph (1)(c)(i) of regulation 2.E.9 (meaning of “dependent child”) for “whilst the deceased was an active member” substitute “before the deceased ceased to be an active member”.
Amendment of regulation 2.E.20A
19
In paragraph (1) of regulation 2.E.20A (pension payable when member dies on or after reaching age 75), after “If” insert “, on or before 5th April 2011,”.
Amendment of regulation 2.H.6
20
In paragraph (2) of regulation 2.H.6 (meaning of “previous pay”: members with concurrent employments), for “2.H.(4)” substitute “2.H.5(4)”.
Amendment of regulation 2.J.5
21
In paragraph (2) of regulation 2.J.5 (commutation of small pensions), —
a
the “and” at the end of sub-paragraph (e) is omitted; and
b
after sub-paragraph (f), add —
; and
g
regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (payments by larger pension schemes).
.
Amendment of regulation 2.J.8
22
At the end of regulation 2.J.8 (deduction of tax) , add —
5
Paragraph (6) applies if —
a
a lump sum death benefit is payable on the death of a pensioner member in accordance with paragraph (2) of regulation 2.E.17 (amount of lump sum: single capacity members and recent leavers (disregarding regulation 2.D.5 employments)); and
b
that lump sum is payable in respect of a member who had reached the age of 75 at the date of the member’s death.
6
Without prejudice to the generality of paragraph (1), when the lump sum is paid, the Scheme administrator may deduct the tax payable under section 206 of the 2004 Act (special lump sum death benefits charge).
7
Paragraph (8) applies if —
a
an active, non-contributing or pension credit member opts to exchange a relevant pension for a lump sum in accordance with paragraph (3)(a) of regulation 2.D.15 (option for members in serious ill-health to exchange whole pension for lump sum); and
b
that lump sum payment is made to a member who has reached the age of 75.
8
Without prejudice to the generality of paragraph (1), when the lump sum is paid, the Scheme administrator may deduct the tax payable under section 205A of the 2004 Act (serious ill-health lump sum charge).
.
Amendment of regulation 2.J.11
23
After paragraph (2)(f) of regulation 2.J.11(determinations by medical practitioners), add —
g
determining whether an individual satisfies the severe ill health condition for the purposes of subsection (3)(a) of section 229 of the 2004 Act (total pension input amount) .
.
Amendment of regulation 3.A.5
24
In regulation 3.A.5(1) (meaning of “qualifying service”) —
a
at the end of sub-paragraph (e), omit “and”; and
b
after sub-paragraph (f) , add —
g
in the case of a Waiting Period Joiner referred to in regulation 3.L.1 , a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; and
h
in the case of a person who is eligible to join this Section of the Scheme by virtue of regulation 3.B.1(5)(e), (g) or (h) (eligibility: general), a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.
.
Amendment of regulation 3.A.7
25
For paragraph (3)(b) of regulation 3.A.7 (meaning of “pensionable earnings”), substitute —
b
but does not include —
i
charges collected from patients which are not required, by virtue of such directions, to be so set off,
ii
income received by a practitioner to whom regulation 3.B.2 (restrictions on eligibility: general), regulation 3.B.5 (opting out of this section of the scheme) or regulation 3.B.6 (restriction on further participation in this section of the scheme) applies, or
iii
income received on or after 7 th November 2011 by a practitioner in respect of the performance of services under a GDS contract or a PDS agreement to which the practitioner’s employer is not a party.
.
Omission of regulation 3.A.12
26
Regulation 3.A.12 (distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor) is omitted.
Amendment of regulation 3.C.1
27
In paragraph (3) of regulation 3.C.1 (contributions by members) , for “(3)” substitute “(3A)”.
Amendment of regulation 3.C.2
28
Regulation 3.C.2 (members’ contribution rate) is amended as follows —
a
in paragraph (6) —
i
for “, which” substitute “on the basis of whichever of the following the host Trust or Board considers the most appropriate in the circumstances”; and
ii
in sub-paragraphs (a), (b) and (c), at the beginning, insert “the amount of the practitioner’s (other than a dentist performer) earnings that”;
b
in paragraph (8) —
i
in sub-paragraph (a), at the beginning, insert “reconciled or”;
ii
in sub-paragraph (b), after “required to” insert “reconcile or”; and
iii
in paragraph (i) of sub-paragraph (b), insert “reconciled,” before the word “certified” in both places where it occurs;
c
in paragraph (9) —
i
for “, which” substitute “on the basis of whichever of the following the host Trust or Board considers the most appropriate in the circumstances”;
ii
in sub-paragraphs (a), (b) and (c), at the beginning, insert “the amount of the performer’s earnings that”; and
iii
in sub-paragraph (b), after “most recent” insert “reconciled,”.
Amendment of regulation 3.D.11
29
In paragraphs (4) and (5) of regulation 3.D.11 (option for members in serious ill-health to exchange whole pension for lump sum), the words “and before reaching the age of 75” are omitted.
Amendment of regulation 3.E.9
30
In paragraph (1)(c)(i) of regulation 3.E.9 (meaning of “dependent child”) for “whilst the deceased was an active member” substitute “before the deceased ceased to be an active member”.
Amendment of regulation 3.E.20A
31
In paragraph (1) of regulation 3.E.20A (pension payable when member dies on or after reaching age 75) , after “If” insert “, on or before 5th April 2011,”.
Amendment of regulation 3.J.5
32
In paragraph (2) of regulation 3.J.5 (commutation of small pensions), —
a
the “and” at the end of sub-paragraph (e) is omitted; and
b
after sub-paragraph (f), add —
; and
g
regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (payments by larger pension schemes).
.
Amendment of regulation 3.J.8
33
At the end of regulation 3.J.8 (deduction of tax) , add —
5
Paragraph (6) applies if —
a
a lump sum death benefit is payable on the death of a pensioner member in accordance with paragraph (2) of regulation 3.E.17 (amount of lump sum: single capacity members and recent leavers (disregarding regulation 3.D.5 employments)); and
b
that lump sum is payable in respect of a member who had reached the age of 75 at the date of the member’s death.
6
Without prejudice to the generality of paragraph (1), when the lump sum is paid, the Scheme administrator may deduct the tax payable under section 206 of the 2004 Act (special lump sum death benefits charge).
7
Paragraph (8) applies if —
a
an active, non-contributing or pension credit member opts to exchange a relevant pension for a lump sum in accordance with paragraph (3)(a) of regulation 3.D.11 (option for members in serious ill-health to exchange whole pension for lump sum); and
b
that lump sum payment is made to a member who has reached the age of 75.
8
Without prejudice to the generality of paragraph (1), when the lump sum is paid, the Scheme administrator may deduct the tax payable under section 205A of the 2004 Act (serious ill-health lump sum charge).
.
Amendment of regulation 3.J.11
34
After paragraph (2)(f) of regulation 3.J.11(determinations by medical practitioners), add —
g
determining whether an individual satisfies the severe ill health condition for the purposes of subsection (3)(a) of section 229 of the 2004 Act (total pension input amount) .
.
Amendment of regulation 3.J.14
35
1
Regulation 3.J.14 (employing authority and certain member record keeping and contribution estimates) is amended as follows.
2
For paragraphs (3) to (14), substitute —
3
Within 1 month of the end of each financial year, a host Trust or Board must give to each —
a
GDS or PDS contractor with which that host Trust or Board is a party to a GDS contract or a PDS agreement, a notice which sets out, in accordance with the host Trust or Board’s records, the amount of the pensionable earnings ceiling and the amount of the pensionable earnings the contractor has paid to every type 1 dental practitioner who has performed services under that contract or agreement during that financial year (“an annual reconciliation notice”); and
b
type 1 dental practitioner referred to in (a), a notice which sets out the amount of pensionable earnings each practitioner has been paid for that financial year as indicated in the host Trust or Board’s records (“a performer’s notice”).
4
Within 3 months of the end of each financial year the GDS or PDS contractor must return the annual reconciliation notice to the host Trust or Board stating —
a
that the amounts referred to in paragraph (3)(a) are correct or, where either, or both, of those amounts are incorrectly shown in the notice, the correct figure or figures;
b
in the case of a type 1 dental practitioner whose earnings, during the period covered by the annual reconciliation notice, are not pensionable because they fall within paragraph (3)(b) of regulation 3.A.7, the earnings that would otherwise have been pensionable if that paragraph did not apply;
c
the amount of any monthly seniority payments, maternity leave payments, paternity leave payments, adoption leave payments, parental leave payments or sickness leave payments paid under the contract or agreement during the financial year;
d
the amount of pensionable earnings the contractor has paid to each type 1 dental practitioner under the contract or agreement during the financial year;
e
whether each type 1 dental practitioner who performed services under the contract or agreement referred to in paragraph (3)(a) was given the opportunity to verify the pensionable earnings declared for them in the annual reconciliation notice; and
f
the name and dentist’s reference number of any type 1 dental practitioner who —
i
failed to verify; or
ii
disagrees with,
the amounts declared for them in the annual reconciliation notice, and, where paragraph (ii) applies, the reason for the disagreement.
5
Within 3 months of the end of each financial year, each type 1 dental practitioner who performed services under the contract or agreement referred to in paragraph (3)(a) must return the performers’ notice to the host Trust or Board, stating —
a
that they were (or were not, as the case may be) in pensionable employment for the period covered by the performer’s notice;
b
that they were (or were not, as the case may be) directly employed by the contractor referred to in paragraph (3)(a) during the period covered by the performer’s notice;
c
in the case of a practitioner, who was in pensionable employment during the period covered by the notice, the pensionable earnings they received under the contract or agreement during that period;
d
in the case of a practitioner whose earnings, during the period covered by the performer’s notice, fell within paragraph (3)(b) of regulation 3.A.7, the earnings that would otherwise have been pensionable if that paragraph did not apply;
e
the amount of any monthly seniority payments, maternity leave payments, paternity leave payments, adoption leave payments, parental leave payments or sickness leave payments received by the practitioner under the contract or agreement during the financial year; and
f
whether the practitioner and contractor have together verified that any amounts the practitioner has declared in respect of sub-paragraphs (c), (d) or (e) are the same as the equivalent amounts declared in the annual reconciliation notice referred to in paragraph (4).
6
Within 3 months of the end of each financial year, a type 2 dental practitioner must provide the host Trust or Board with whom their employer has entered into a GDS contract or a PDS agreement, with a notice of their pensionable earnings based on —
a
the payments they have received from their employer for practitioner services provided under that GDS contract or PDS agreement during that financial year; and
b
the pensionable earnings they have received, as a type 2 dental practitioner, from all other type 2 dental practitioner sources during that financial year.
7
An employing authority may, in exceptional circumstances, and with the agreement of the Secretary of State, arrange or agree a different time limit for the issue and return of the certificates, notices or statements referred to in paragraphs (1) to (6) and may, if a material particular has changed, accept a replacement.
8
Subject to paragraph (9), an annual reconciliation notice will be invalid if —
a
it contains information that the employing authority’s records show is inaccurate or misleading in a material particular;
b
subject to paragraph (7), it is not received within the specified time limit;
c
the total of the amounts specified in it in respect of each type 1 dental practitioner that performed services under the contract or agreement referred to in paragraph (3)(a) is greater than the aggregate of the pensionable earnings ceiling referred to in paragraph (3)(a) and the amount referred to in paragraph (4)(c);
d
it is incomplete in any material particular; or
e
one or more of the practitioners referred to in it did not, for whatever reason, verify the earnings figure the contractor has declared for them.
9
Where an employing authority has received an annual reconciliation notice which is valid for some or all of the practitioners listed in that notice, the amounts notified to it for the financial year to which the notice relates will, subject to paragraphs (16), (17) and (18), be the pensionable earnings for those practitioners.
10
Where an employing authority has received an annual reconciliation notice which is invalid for some or all of the practitioners listed in that notice, the pensionable earnings for those practitioners will be —
a
zero, where the employing authority’s records show that value or the authority is unable to estimate the value of the practitioner’s pensionable earnings; or
b
the figure that the employing authority estimates will represent that practitioner’s share of the aggregate of the pensionable earnings ceiling referred to in paragraph (3)(a) and the amount referred to in paragraph (4)(c) (“the maximum amount”), less the difference between —
i
that maximum amount; and
ii
the total of the monthly amounts in respect of which estimated contributions to this Section of the Scheme under regulation 3.C.2 (members’ contribution rate) were paid on account during the financial year to which the earnings relate,
but if the total mentioned in paragraph (ii) is greater than the maximum amount, then no amount is to be deducted pursuant to this paragraph.
11
In respect of each scheme year, a GMS or PMS practice, an APMS contractor or a GDS or PDS practice shall provide the Secretary of State with a statement of estimated pensionable earnings in respect of any —
a
non-GP provider that is a GMS or PMS practice or an APMS contractor who assists in the provision of NHS services provided by that GMS or PMS practice or APMS contractor;
b
type 1 medical practitioner who performs medical services as, or on behalf of, the practice or contractor;
c
type 2 medical practitioner employed by the practice or contractor;
d
type 1 dental practitioner who performs services under a GDS contract or a PDS agreement, or
e
type 2 dental practitioner employed to perform services under a GDS contract or a PDS agreement.
12
In respect of each scheme year, each employing authority and GDS or PDS contractor shall, in respect of any of the persons referred to in paragraph (11)(a) to (e), provide the Secretary of State with an end-of-year statement of —
a
pensionable earnings;
b
contributions to this Section of the Scheme made under regulation 3.C.2 (members’ contribution rate);
c
contributions to this Section of the Scheme made under regulation 3.C.3 (contributions by employing authorities: general); and
d
any pensionable earnings deemed in accordance with regulation 3.A.8 (pensionable earnings-breaks in service).
13
The Secretary of State shall be provided with —
a
the statement referred to in paragraph (11) at least 1 month before the beginning of that scheme year;
b
the statement referred to in paragraph (12) no later than 3 months after the end of that scheme year.
14
All employing authorities must, for each scheme year —
a
provide the Secretary of State with a statement of estimated total contributions due to this Section of the Scheme under regulation 3.C.1 (contributions by members) and 3.C.3 (contributions by employing authorities: general); and
b
maintain, in a manner approved by Secretary of State from time to time, the records of contributions to this Section of the Scheme made under regulations 3.C.1 and 3.C.3.
15
The statement referred to in paragraph (14)(a) must be provided to the Secretary of State no later than 2 months after the end of each scheme year and, except where the Secretary of State waives such requirement, an employing authority must provide the Secretary of State with a statement of contributions to this Section of the Scheme recorded in accordance with paragraph (14)(b) no later than 2 months after the end of each scheme year.
16
Subject to paragraphs (17) and (18), if, in respect of a scheme year, a member has failed to comply with the requirements of whichever of paragraphs (1), (2), (4), (5) or (6) applies to that member, the member’s pensionable earnings for that scheme year shall be zero.
17
If, in respect of a scheme year, the employing authority of a practitioner or non-GP provider member is in possession of a figure representing all or part of that member’s pensionable earnings for that year, the Secretary of State may treat that figure as the amount of that member’s pensionable earnings for that year where —
a
that member has failed to comply with the requirements of whichever of paragraphs (1), (2), (4), (5) or (6) applies to them, and
b
a benefit in respect of that member’s service as a practitioner or non-GP provider is payable to, or in respect of them, under these Regulations.
18
If, in respect of a scheme year, a practitioner or non-GP provider —
a
dies without complying with the requirements of whichever of paragraphs (1), (2), (4), (5) or (6) applies to them; or
b
is, in the opinion of the Secretary of State, unable to look after their own affairs by reason of illness or lack of capacity within the meaning of the Mental Capacity Act 2005,
the Secretary of State may require that practitioner’s or non-GP provider’s personal representatives or person (or persons) duly authorised to act on the member’s behalf to provide the relevant certificate, notice or statement within the period specified in paragraph (19).
19
The period is —
a
that referred to in whichever of paragraphs (1), (2), (4), (5) or (6) was or is applicable to them; or
b
such other period as the Secretary of State permits.
20
A host Trust or Board shall, for each scheme year and no later than 13 months after the end of each scheme year, forward to the Secretary of State a copy of the records that the host Trust or Board maintains in respect of practitioners under regulation 3.C.5(17)(b)(payment of contributions).
21
The certificates, notices and statements referred to in this regulation —
a
shall be in such form as the Secretary of State shall from time to time require;
b
may be provided to the Secretary of State in such manner as the Secretary of State may from time to time permit.
.
PART 4 Amendment of the National Health Service (Injury Benefits) Regulations 1995
Amendment of regulation 2
36
In regulation 2 (interpretation) of the National Health Service (Injury Benefits) Regulations 1995 , in the definitions of “APMS contract” and “APMS contractor” for “section 80(2)(b) of the 2006 Act” substitute “section 83(2)(b) of the 2006 Act”.
PART 5 Amendment of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000
Amendment of regulation 10
37
Regulation 10 (outward transfers) of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 is amended as follows —
a
for paragraph (1) substitute —
1
Subject to —
a
paragraphs (4) to (7); and
b
the cancellation, pursuant to regulation 5(1) or (2), of any election made under regulation 3(1),
the Secretary of State shall, as soon as reasonably practicable after having received a notice in writing from an eligible person requesting a transfer of the value of that person’s investments made in relation to that person under regulation 7(1), 8(2) or, as the case may be 9(4), pay a transfer value representing the value of all such investments at that person’s option to any other registered pension scheme in which the person may be participating.
;
b
paragraph (3) is omitted; and
c
in paragraph (8)(b)(i), for “60 years” substitute “75 years”.
PART 6 Miscellaneous
Option to persons detrimentally affected by these Regulations
38
1
This regulation applies in relation to any benefit which is being paid, or may become payable, under the regulations amended by these Regulations (“the amended regulations”) to or in respect of a person who having served in an employment or office which qualified the person to participate in the benefits provided under the amended regulations, ceased to serve in that office or employment before these Regulations came into force.
2
Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).
3
A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within 6 months of the coming into force of these Regulations.
4
An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
25th October 2011
We consent
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
27th October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Revaluation Amendments) Regulations 2011 and shall come into force on 31st March 2011.
Amendment of the Pension Protection Fund (Compensation) Regulations 2005
2
The Pension Protection Fund (Compensation) Regulations 2005 are amended in accordance with regulations 3 to 6.
Insertion of regulation 12A
3
In Part 5, before regulation 13 (manner of determining the revaluation percentage in the case of active members who have not attained normal pension age at assessment date) insert —
12A
In this Part, where the Secretary of State makes a decision about the manner in which the general level of prices in Great Britain is to be determined, the Secretary of State shall publish that decision.
.
Amendment of regulation 13
4
In regulation 13 —
a
at the beginning insert “Subject to regulation 15B,”; and
b
in each place in which it occurs, for “retail prices index” substitute “general level of prices in Great Britain determined in such manner as the Secretary of State may from time to time decide”.
Amendment of regulation 15
5
In regulation 15 (manner of determining the higher revaluation percentage in the case of deferred members who have not attained normal pension age at assessment date) —
a
at the beginning insert “Subject to regulation 15B,”; and
b
in each place in which it occurs, for “retail prices index” substitute “general level of prices in Great Britain determined in such manner as the Secretary of State may from time to time decide”.
Insertion of regulation 15B
6
After regulation 15A (modification of Schedule 7 for schemes with no revaluation) insert —
Determination of the revaluation percentage in respect of certain periods
15B
1
This regulation applies where any revaluation period referred to in regulations 13 and 15 includes a period which falls before 31st March 2011.
2
Where this regulation applies, revaluation in respect of the period which falls before 31st March 2011 shall be determined in accordance with regulations 13 and 15 as modified by paragraph (4).
3
Where this regulation applies, revaluation in respect of the period which begins on 31st March 2011 shall be determined in accordance with regulations 13 and 15 as modified by paragraph (5).
4
For the purposes of paragraph (2) —
a
regulation 13 is modified as follows —
i
omit the words “Subject to regulation 15B,”; and
ii
for paragraphs (a) and (b) substitute —
a
A is the level of the retail prices index for January 2011; and
b
B is the level of the retail prices index for the month which falls two months before the month during which the assessment date falls.
; and
b
regulation 15 is modified as follows —
i
omit the words “Subject to regulation 15B,”; and
ii
for paragraphs (a) and (b) substitute —
a
A is the level of the retail prices index for January 2011; and
b
B is the level of the retail prices index for the month which falls two months before the month during which the assessment date falls.
.
5
For the purposes of paragraph (3) —
a
regulation 13 is modified as follows —
i
omit the words “Subject to regulation 15B,”; and
ii
for paragraph (b) substitute —
b
B is the level of the general level of prices in Great Britain for January 2011 determined in such manner as the Secretary of State may from time to time decide.
; and
b
regulation 15 is modified as follows —
i
omit the words “Subject to regulation 15B,”; and
ii
for paragraph (b) substitute —
b
B is the level of the general level of prices in Great Britain for January 2011 determined in such manner as the Secretary of State may from time to time decide.
.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
28th February 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Montserrat) Order 2011.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangement set out in Part 1 of the Schedule to this Order and specified in the Exchange of Letters set out in Part 2 of that Schedule, which varies the arrangement set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Montserrat) Order 1947 and amended by the arrangement set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Montserrat) Order 1968 , has been made with the Government of Montserrat;
b
the arrangement has been made with a view to affording relief from double taxation in relation to income tax, corporation tax and taxes of a similar character imposed by the laws of Montserrat and for the purpose of assisting international tax enforcement; and
c
it is expedient that the arrangement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Iran (Asset-Freezing) Regulations 2011 and shall come into force at 1.00 p.m. on 15th April 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No. 359/2011 of 12th April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran, and a reference to Annex I to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable grounds to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
14th April 2011


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Middleton Railway Drewry Car) and (Cairngorm Funicular Railway) Exemption (Amendment) Order 2011 and comes into force on 19th December 2011.
Amendment of the Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002
2
1
The Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002 is amended as follows.
2
In article 6(b) for the words “the Middleton Railway in Leeds” substitute “a network listed in the Schedule to the Rail Vehicle Accessibility (Networks) Exemption Order 2010 .”
Amendment of the Rail Vehicle Accessibility (Cairngorm Funicular Railway) Exemption Order 2002
3
Article 6 of the Rail Vehicle Accessibility (Cairngorm Funicular Railway) Exemption Order 2002 is omitted.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
9th November 2011


text:
1
This Order may be cited as the Consular Fees Order 2011 and comes into force on 6th April 2011.
2
In this Order —
“British overseas territory” means a territory as defined in section 50(1) of the British Nationality Act 1981 and includes the territories listed in Schedule 6 to that Act;
“Commonwealth country” means a country listed in Schedule 3 to the British Nationality Act 1981;
“Crown Dependencies” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
“direct costs” means expenses that are incidental to the performance of a service, such as the cost of posting documents to a customer’s home address or travel costs;
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a Crown Dependency, a British overseas territory, a Commonwealth country or any other country or territory, as the case may be (but does not include a work permit);
“fast-track service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made;
“fast-track collect service” means an application made in person, either by the applicant or by another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made, and which permits the applicant or another person acting on behalf of the applicant to collect the passport in person;
“overseas service” in relation to legalisation means the service for the processing by consular officers at consular posts of applications made in person;
“premium service” in relation to legalisation means the same day service for the processing by a London legalisation office dedicated for companies, solicitors and notaries of applications made in person;
“premium service” in relation to passport applications means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within twenty-four hours of that application having been made;
“standard service” in relation to legalisation means the 24 hours service for the processing by the main legalisation office at Milton Keynes, of applications made in person at that office and the processing by that office of postal applications within a reasonable time period.
“the appropriate Registrar General” for the purpose of fee 15 means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be, under the Foreign Marriage Order 1970 or the Civil Partnership (Registration Abroad and Certificates) Order 2005 .
3
The fees set forth in the table in Parts 1 and 2 of Schedule 1 to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of each of their functions specified in those tables.
4
The fees set forth in the table in Part 3 of Schedule 1 to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of each of their functions specified in that table for which no fee is imposed under section 51 of the Immigration, Asylum and Nationality Act 2006 .
5
The statutory instruments listed in Schedule 2 to this Order are revoked by this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gender Recognition Register (Amendment) Regulations 2011 and shall come into force on 20th July 2011.
2
In these Regulations —
“the Principal Regulations” means the Gender Recognition Register Regulations 2005 .
Amendment to regulation 1(2) of the Principal Regulations
2
1
Regulation 1(2) of the Principal Regulations (Citation, commencement and interpretation) is amended as follows.
2
For the definition of “the Adopted Children Register” substitute —
“the Adopted Children Register” means the register maintained by the Registrar General under section 11 of the Adoption of Children Act 1926 , section 12 of the Adoption of Children Act 1949 , section 17 of the Adoption Act 1950 , section 20 of the Adoption Act 1958 , section 50 of the Adoption Act 1976 and section 77 of the Adoption and Children Act 2002 ;
.
3
For the definition of “Parental Order Register” substitute —
“Parental Order Register” means the register maintained by the Registrar General under section 50 of the Adoption Act 1976 as modified by the Parental Orders (Human Fertilization and Embryology) Regulations 1994 and section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilization and Embryology (Parental Orders) Regulations 2010 ;
.
Amendment to regulation 2 (1) of the Principal Regulations
3
1
In regulation 2(1)(a) of the Principal Regulations for “the particulars set out in Part 1 of Schedule 1” substitute “the particulars set out in the relevant part of Schedule 1”.
2
In regulation 2(1)(e) of the Principal Regulations for “the particulars set out in Schedule 5” substitute “the particulars set out in the relevant part of Schedule 5”.
Amendment to regulation 3 of the Principal Regulations
4
1
Omit regulation 3 of the Principal Regulations (additional particulars in certain cases).
2
After regulation 3 insert —
Modification of particulars in certain cases
3A
Where a person who immediately prior to 20th July 2011 is the subject of an entry in the Gender Recognition Register requests that the entry be modified so that the particulars contained in the entry are those which would be so contained in accordance with regulation 2 if the entry were made on or after 20th July 2011, the particulars to be contained in the entry are those specified in regulation 2 as it applies on 20th July 2011.
.
Amendment to Schedules 1-9 of the Principal Regulations
5
For Schedules 1-9 respectively of the Principal Regulations substitute the relevant Schedule set out in the Schedule to these Regulations.
Saving
6
Nothing in these Regulations shall affect the validity of any particulars entered into the Gender Recognition Register prior to 20th July 2011 or of anything done pursuant to or in consequence of or in reliance on any such particulars.
Made by
Sarah Rapson
Registrar General
29th June 2011
I approve
Damian Green
Minister of State
Home Office
29th June 2011


text:
Citation and commencement
1
These Regulations may be cited as the Medicinal Products (Herbal Remedies) (Amendment) Regulations 2011 and shall come into force on 30th April 2011.
Repeal
2
Section 12(2) of the Medicines Act 1968 is hereby repealed.
Signed by authority of the Secretary of State for Health
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
22nd March 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2011.
2
These Regulations come into force on 31st December 2011.
Amendment of Part 8 of the Financial Services and Markets Act 2000
2
1
The Financial Services and Markets Act 2000 Act is amended as follows.
2
In subsection (9) of section 118 (market abuse) , for “31 December 2011” substitute “31 December 2014”.
3
In subsection (6) of section 118A (supplementary provision about certain behaviour) , for “31 December 2011” substitute “31 December 2014”.
James Duddridge
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
Substitution of Schedule 5 to the principal Regulations
2
For Schedule 5 to the principal Regulations (Secretary of State’s functions under section 3(1) of the National Health Service Act 2006 exercisable by Strategic Health Authorities for the purpose of securing the provision of services: specified services) substitute the following Schedule —
SCHEDULE 5
SECRETARY OF STATE’S FUNCTIONS UNDER SECTION 3(1) OF THE NATIONAL HEALTH SERVICE ACT 2006 EXERCISABLE BY STRATEGIC HEALTH AUTHORITIES FOR THE PURPOSE OF SECURING THE PROVISION OF SERVICES: SPECIFIED SERVICES
Regulation 3(2A)
1 Alström syndrome service 2 Ataxia telangiectasia service for children 3 Autoimmune paediatric gut syndromes service 4 Autologous intestinal reconstruction in adult patients 5 Bardet-Biedl syndrome service 6 Barth syndrome service 7 Bladder exstrophy service 8 Choriocarcinoma service 9 Chronic pulmonary aspergillosis service 10 Complex childhood osteogenesis imperfecta 11 Complex Ehlers Danlos syndrome service 12 Complex neurofibromatosis type 1 service 13 Complex tracheal disease service 14 Congenital hyperinsulinism service 15 Craniofacial service 16 Cryopyrin associated periodic syndrome service 17 Diagnostic service for amyloidosis 18 Diagnostic service for primary ciliary dyskinesia 19 Diagnostic service for rare neuromuscular disorders service 20 Encapsulating sclerosing peritonitis surgical service 21 Epidermolysis bullosa service 22 Extra corporeal membrane oxygenation service for adults 23 Extra corporeal membrane oxygenation service for neonates, infants and children with respiratory failure 24 Gender identity development service for children and adolescents 25 Heart and lung transplantation service (including bridge to transplant using mechanical circulatory support) 26 Insulin-resistant diabetes service 27 Islet transplantation service 28 Liver transplantation service 29 Lymphangioleiomyomatosis 30 Lysosomal storage disorder service 31 McArdle’s disease service 32 Mental health service for deaf children and adolescents 33 Neurofibromatosis type 2 service 34 Neuromyelitis optica service 35 Ocular oncology service 36 Ophthalmic pathology service 37 Osteo-odonto-keratoprosthesis service for corneal blindness 38 Pancreas transplantation service 39 Paroxysmal nocturnal haemoglobinuria service 40 Paediatric intestinal pseudo-obstructive disorders 41 Primary malignant bone tumours service 42 Proton beam therapy service 43 Pseudomyxoma peritonei service 44 Pulmonary hypertension service for children 45 Pulmonary thromboendarterectomy service 46 Rare mitochondrial disorders service 47 Reconstructive surgery service for adolescents for congenital malformation of the female genital tract 48 Retinoblastoma service 49 Secure forensic mental health service for young people 50 Severe combined immunodeficiency and related disorders service 51 Severe intestinal failure service 52 Severe obsessive compulsive disorder and body dysmorphic disorder service 53 Small bowel transplantation service 54 Specialist paediatric liver disease service 55 Stem cell transplantation service for juvenile idiopathic arthritis and related connective tissue disorders 56 Stickler syndrome diagnostic service 57 Vein of Galen malformation service 58 Veterans’ post-traumatic stress disorder programme 59 Wolfram syndrome 60 Xeroderma pigmentosum service.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
23rd February 2011


text:
Citation and commencement
1
1
This Order may be cited as the Terrorism Act 2000 (Designated Ports) Order 2011.
2
This Order comes into force on 1st September 2011.
Amendments to the Terrorism Act 2000
2
1
The Terrorism Act 2000 is amended as follows.
2
In Schedule 7 (port and border controls), in the table (designated ports: Great Britain), under the heading “Seaports”–
a
after the entry for “Holyhead” insert “Loch Ryan”;
b
omit the entry for “Stranraer”.
James Brokenshire
Parliamentary Under Secretary of State
Home Office
2nd August 2011


text:
Citation and commencement
1
These Regulations may be cited as the Divorce and Dissolution etc. (Pension Protection Fund) Regulations 2011 and come into force on 6 th April 2011.
Interpretation
2
1
In these Regulations —
a
“the 1973 Act ” means the Matrimonial Causes Act 1973;
b
“the 1984 Act ” means the Matrimonial and Family Proceedings Act 1984;
c
“the 2004 Act ” means the Civil Partnership Act 2004;
d
“the other party” means the party to the marriage or the civil partnership (as the case may be) who is not the party with compensation rights or civil partner with compensation rights.
2
Unless these Regulations provide otherwise, expressions defined in —
a
sections 21B,21C,25E and 25G(5) of the 1973 Act have the meanings assigned by those sections; and
b
paragraphs 19B,19F and 37(1) of Schedule 5 to the 2004 Act have the meanings assigned by those paragraphs.
Attachment of PPF compensation: change in circumstances
3
1
In this regulation, a relevant order means —
a
an order under section 23 of the 1973 Act or under section 17 of the 1984 Act making provision under section 25F of the 1973 Act ; or
b
an order under Part 1 of Schedule 5 or under paragraph 9 of Schedule 7 to the 2004 Act making provision under Part 7, paragraph 34A of Schedule 5 to that Act ,
imposing any requirement on the Board.
2
In this regulation, a relevant event occurs when —
a
the information or particulars referred to in paragraph (3) cease to be accurate; or
b
a relevant order ceases to have effect —
i
in the case of a relevant order within paragraph (1)(a), by reason of the other party remarrying or entering into a civil partnership or otherwise; and
ii
in the case of a relevant order within paragraph (1)(b), by reason of the other party marrying or entering into a subsequent civil partnership or otherwise.
3
The information or particulars referred to in paragraph (2)(a) are those supplied by the other party under rule 9.42 of the Family Procedure Rules 2010 for the purpose of enabling the Board —
a
to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on the Board; or
b
to comply with any relevant order imposing such a requirement.
4
Where —
a
a relevant order has been made; and
b
a relevant event occurs,
the other party must, within 14 days of the relevant event, give notice of it to the Board.
5
Where it is not reasonably practicable for the Board to make a payment to the other party as required by the relevant order because of the inaccuracy of information or particulars referred to in paragraph (3) or because the other party fails to notify it in accordance with paragraph (4) of a relevant event within paragraph (2)(a), the Board —
a
may instead make that payment to the party with compensation rights or the civil partner with compensation rights; and
b
shall then be discharged of liability to the other party to the extent of that payment.
6
Where a relevant event within paragraph (2)(b) occurs and, because the other party fails to notify the Board in accordance with paragraph (4), the Board makes a payment to the other party as required by the relevant order —
a
the liability of the Board to the party with compensation rights or civil partner with compensation rights shall be discharged to the extent of that payment; and
b
the other party shall, within 14 days of the payment being made, make a payment to the party with compensation rights or civil partner with compensation rights to the extent of that payment.
Service
4
A notice under regulation 3(4) may be sent by fax or by ordinary first class post to the last known address of the intended recipient and shall be deemed to have been received on the seventh day after the day on which it was sent.
Pension compensation sharing order not to take effect pending appeal
5
1
No pension compensation sharing order under the provisions listed in paragraph (2), or a variation of a pension compensation sharing order under the provisions listed in paragraph (3), shall take effect earlier than 7 days after the end of the period for filing notice of appeal against the order.
2
The provisions referred to in paragraph (1) in relation to pension compensation sharing orders are —
a
section 24E of the 1973 Act ;
b
section 17(1)(c ) of the 1984 Act ;
c
paragraph 19A of Schedule 5 to the 2004 Act ;
d
paragraph 9(2) of Schedule 7 to the 2004 Act.
3
The provisions referred to in paragraph (1) in relation to variation of pension compensation sharing orders are —
a
section 31 of the 1973 Act ;
b
paragraphs 57 of Schedule 5 to the 2004 Act .
4
The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.
Signed by authority of the Lord Chancellor
Jonathan Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
9th March 2011


text:
Citation and commencement
1
This Order may be cited as the West Northamptonshire Development Corporation (Area and Constitution) (Amendment) Order 2011 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Amendment of the West Northamptonshire Development Corporation (Area and Constitution) Order 2004
2
In article 3(2) of the West Northamptonshire Development Corporation (Area and Constitution) Order 2004 for “eleven” substitute “seven”.
Signed by authority of the Secretary of State for Communities and Local Government
Baroness Hanham
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd October 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Access to the Countryside (Dedication of Land) (Amendment) (England) Regulations 2011 and come into force on 1st October 2011.
2
These Regulations apply in relation to England only.
Amendment to the Access to the Countryside (Dedication of Land) (England) Regulations 2003
2
The Access to the Countryside (Dedication of Land) (England) Regulations 2003 are amended as follows.
Amendment to regulation 2
3
For regulation 2 substitute —
2
In these Regulations —
a
references to a numbered Chapter or section are references to that Chapter or section in Part 1 of the Countryside and Rights of Way Act 2000, and
b
references to Schedule 2 are references to Schedule 2 to that Act.
.
Amendments to regulation 4
4
1
Regulation 4 is amended as follows.
2
In paragraph (2) —
i
at the end of sub-paragraph (b), omit “and” ;
ii
at the end of sub-paragraph (c), for the full stop substitute “, and”; and
iii
after that sub-paragraph add —
d
a statement as to whether or not the land is to be dedicated as coastal margin.
.
Amendments to regulation 5
5
In regulation 5, in paragraph (1) —
a
in sub-paragraph (e), omit “and”;
b
at the end of sub-paragraph (f), for the full stop substitute “, and”; and
c
after sub-paragraph (f), add —
g
a statement as to whether or not the land is dedicated as coastal margin.
.
Amendment to regulation 6
6
In regulation 6, in paragraph (1)(d), for “the Countryside Agency” substitute “Natural England”.
Amendment to regulation 7
7
In regulation 7, after paragraph (2) add —
3
A dedication previously made under section 16 (otherwise than by virtue of subsection (2A) of that section) in respect of land within subsection (2B) of that section may be amended by the persons by whom a dedication could be made, so as to provide that the land is dedicated as coastal margin for the purposes of subsection (2C) of that section.
4
Any exclusion or restriction under Chapter 2 of access by virtue of section 2(1) which has effect in relation to land which is within subsection (2B)(b) of section 16 immediately before it is dedicated as coastal margin shall cease to have effect at the time the dedication takes effect.
.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th August 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No.2) Order 2011 and shall come into force on 5th March 2011.
2
In Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 , insert “Council Decision 2011/137/ CFSP of 28th February 2011 (Libya).” at the appropriate place.
Baroness Neville-Jones
Minister of State
Home Office
3rd March 2011


text:
1
This Order may be cited as the South Gloucestershire and Stroud College (Incorporation) Order 2011 and comes into force on 4th January 2012.
2
There is established a body corporate called “the South Gloucestershire and Stroud College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order is 5th January 2012.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
10th December 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 5) Order 2011.
2
In this Order —
“ the Act ” means the Welfare Reform Act 2009.
Appointed day
2
1
The day appointed for the coming into force of section 3(2) and (5) (lone parents) of the Act is —
a
6th October 2011, for the purpose only of conferring the power to make regulations under section 2A(2B) (claim or full entitlement to certain benefits conditional on work-focused interview) of the Social Security Administration Act 1992 and section 24(3B) (interpretation) of the Welfare Reform Act 2007 ; and
b
31st October 2011, for all other purposes.
2
The day appointed for the coming into force of section 3(3) lone parents of the Act is 31st October 2011.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State
Department for Work and Pensions
5th October 2011


text:
Title and commencement
1
1
These Regulations may be cited as the Plant Protection Products (Fees and Charges) Regulations 2011 and, subject to paragraph (2), come into force on 24th September 2011.
2
Regulations 3(2) and 6 come into force on 26 th November 2011.
Interpretation
2
1
In these Regulations —
“authorisation holder” means the holder of a valid authorisation or permit for a plant protection product —
issued in accordance with Regulation 1107/2009, or
deemed to be issued in accordance with that Regulation,
unless there is a nominated sales representative for that plant protection product, in which case it means that person;
“the Directive” means Directive 2009/128/ EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides ;
“import tolerance” has the same meaning as in the MRL Regulation ;
“liability period” means the period between 1 April in any year and 31 March in the following year;
“the MRL Regulation” means Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/ EEC ;
“nominated sales representative” means any person who has agreed in writing with the holder of a valid authorisation or permit for a plant protection product, issued in accordance with Regulation 1107/2009 or deemed to be issued in accordance with that Regulation, to be a sales representative for the authorised or permitted plant protection product and to pay the charge under these Regulations;
“Regulation 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC ;
“United Kingdom competent authorities” means —
in relation to England and Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Agriculture and Rural Development in Northern Ireland; and
in relation to Scotland, the Scottish Ministers.
2
Expressions used in both these Regulations and Regulation 1107/2009, other than “authorisation holder”, have the same meaning in these Regulations as they have in Regulation 1107/2009.
Functions of the Member State
3
1
The functions of the Member State referred to in Article 74(1) of Regulation 1107/2009 are to be performed by the United Kingdom competent authorities.
2
The functions of the Member State referred to in Article 19(1) of the Directive are to be performed by the United Kingdom competent authorities.
Fees
4
1
A United Kingdom competent authority may charge fees for work carried out within the scope of Regulation 1107/2009 which relates to evaluating applications made to it for the —
a
authorisation of plant protection products;
b
approval of active substances, safeners, synergists or basic substances; or
c
official recognition of a test facility or organisation,
and such fees are payable in accordance with Schedule 1.
2
A United Kingdom competent authority may charge fees for applications for import tolerances under Article 7 of the MRL Regulation and such fees are payable in accordance with Schedule 2.
3
The fees in these Regulations apply in relation to any activity carried out after they come into force, provided no invoice has been issued under the Plant Protection Product (Fees) Regulations 2007 or the Plant Protection Products (Fees) Regulations (Northern Ireland) 2004 in relation to that work.
4
Fees are payable by the applicant, on invoice, to a United Kingdom competent authority.
5
A United Kingdom competent authority is under no obligation to process or to issue a decision in respect of an outstanding application if there are outstanding fees in relation to it.
6
In paragraph (5), “outstanding application” means any application for which a fee has been charged under the Plant Protection Products (Fees) Regulations 2007, the Plant Protection Products (Fees) Regulations (Northern Ireland) 2004 or under these Regulations.
7
Any unpaid fee may be recovered by a United Kingdom competent authority as a civil debt.
Charge in relation to Regulation 1107/2009 and the MRL Regulation
5
A United Kingdom competent authority may make an annual charge in respect of any costs incurred by it, or on its behalf —
a
associated with any work carried out within the scope of Regulation 1107/2009; or
b
arising from obligations under the MRL Regulation,
other than for collecting and processing information, or monitoring the effect of the use of plant protection products, for which a charge has been made under section 18(2)(b) or (c) of the Food and Environment Protection Act 1985 .
Charge in relation to the Directive
6
A United Kingdom competent authority may make an annual charge in respect of any costs incurred by it, or on its behalf, in relation to carrying out work pursuant to obligations within the scope of the Directive.
Liability to pay the charge
7
1
In respect of a given liability period a charge shall be payable by an authorisation holder, on invoice, to a United Kingdom competent authority.
2
A United Kingdom competent authority shall not charge for any costs under paragraph (1) in respect of which a fee is payable under regulation 4(1) and Schedule 1, or regulation 4(2) and Schedule 2.
3
A United Kingdom competent authority may exclude an authorisation holder from the requirement to pay a charge where that authority decides it would be uneconomical to collect that charge.
4
Where an authorisation holder becomes liable to pay a charge in accordance with paragraph (1) at any time during the liability period, that person will be liable to pay a charge for the whole of that liability period.
5
If an authorisation holder fails to pay the charge in full, the United Kingdom competent authority may suspend any or all of the authorisations or permits for plant protection products held by the authorisation holder or for which the authorisation holder is the nominated sales representative.
6
Any unpaid charge may be recovered by a United Kingdom competent authority as a civil debt.
Calculation of charge
8
1
The United Kingdom competent authorities must calculate the amounts which authorisation holders are liable to pay under regulations 5 and 6 in accordance with the following paragraphs.
2
Where an authorisation holder is liable to pay a charge in respect of more than one plant protection product, the authorisation holder shall be treated as one authorisation holder for the purposes of calculating the charge and collecting payments.
3
The United Kingdom competent authorities will calculate the charge payable by an authorisation holder by applying a percentage to the authorisation holder’s annual turnover. The percentage must be calculated by applying the following formula —
A/B x 100% = the percentage
where —
A
the total costs incurred in the liability period, and
B
the total annual turnover.
4
An authorisation holder must provide a United Kingdom competent authority with evidence of its annual turnover for a given liability period on request.
5
If insufficient evidence of annual turnover is submitted or if no evidence is submitted by an authorisation holder, the annual turnover will be such figure as the United Kingdom competent authorities consider reasonable.
6
In this regulation —
“total costs incurred” means the costs referred to in regulations 5 and 6 excluding any costs in respect of which a fee is payable under regulation 4(1) and Schedule 1, or regulation 4(2) and Schedule 2;
“total annual turnover” means the annual turnover of all authorisation holders;
“annual turnover” means the amounts derived from sales in the financial year ending between 1 st October and 30 th September the following year, the latter date being in the calendar year in which the liability period starts by —
the holder of a valid authorisation or permit for a plant protection product issued in accordance with Regulation 1107/2009 or of a valid authorisation or permit for a plant protection product deemed to be issued in accordance with that Regulation, and
any nominated sales representative for the authorised or permitted plant protection product;
“amounts derived from sales” includes the costs of packaging, containers and labelling and excludes value added tax and returned products;
“sales” means the sales of authorised or permitted plant protection products in the United Kingdom.
Revocation
9
The following regulations are revoked —
a
The Fees for Assessment of Active Substances (Third Stage Review) Regulations 2005 ;
b
The Fees for Assessment of Active Substances (Fourth Stage Review) Regulations 2005 ; and
c
The Plant Protection Products (Fees) Regulations 2007.
Signed by the authority of the Secretary of State for Environment, Food and Rural Affairs.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th August 2011
We consent
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 2011


text:
Citation and commencement
1
This Order may be cited as the Derelict Land Clearance Area (Chantry Lane, Welwyn Hatfield) Order 2011 and comes into force on 14th December 2011.
Derelict Land Clearance Area
2
1
Subsections (1) to (6) of section 1 of the Derelict Land Act 1982 shall have effect in relation to land in the locality shown bounded by the outside edge of a bold red line on the map, as they have effect in relation to land in a development area or intermediate area.
2
In paragraph (1), “the map” means the map marked “Map referred to in the Derelict Land Clearance Area (Chantry Lane, Welwyn Hatfield) Order 2011” and signed by authority of the Secretary of State, duplicates of which have been deposited, and are available for inspection, at the offices of the Welwyn Hatfield Borough Council and at the offices of the Secretary of State.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th October 2011
We consent
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
25th October 2011


text:
Citation
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 6) Order 2011.
Commencement
2
Sections 75(2)(c), 77(1)(c) and 81(3) of the Coroners and Justice Act 2009 (anonymity in investigations conducted by the Serious Organised Crime Agency) shall come into force in Northern Ireland on 2nd May 2011.
Owen Paterson
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
12th April 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
These Regulations shall have effect from 6th April 2010.
Amendment of the Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006
2
The Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006 are amended as follows.
3
1
Regulation 4 (scheme pension payable by insurance company) is amended as follows.
2
In Table 1 (prescribed purposes – scheme pensions) above the entry relating to section 216(1), benefit crystallisation event 2 insert —
Section 165(1), pension rule 1 To determine whether the individual has reached the normal minimum pension age by reference to the day on which the original scheme pension was first paid.
4
1
Regulation 6(2) (lifetime annuity – unauthorised payments and prescribed purposes) is amended as follows.
2
In Table 2 (prescribed purposes – lifetime annuities) above the entry relating to section 172A (surrender) insert the following —
Section 165(1), pension rule 1 To determine whether the individual has reached the normal minimum pension age by reference to the day on which the original lifetime annuity was first paid.
5
For regulation 7 (short-term annuity – unauthorised payments) substitute —
Short–term annuity – unauthorised payments
7
1
In any case within paragraph 6(1B) of Schedule 28 (transfer of sums and assets on cessation of short-term annuity) except where a new short-term annuity becomes payable, the relevant registered pension scheme is to be treated as making an unauthorised payment to the member of an amount equal to the aggregate of the amount of the sums and the market value of the assets transferred.
2
In any case within paragraph 6(1B) where a new short-term annuity becomes payable, the new short-term annuity is to be treated as if it were the original short-term annuity for the purposes prescribed in paragraph (3).
3
The prescribed purposes are to determine, in relation to pension rule 1 in section 165(1), whether the individual has reached the normal minimum pension age by reference to the day on which the original short-term annuity was first paid.
6
1
Regulation 12(2) (unsecured pension fund, alternatively secured pension fund, dependants’ unsecured pension fund and dependants’ alternatively secured pension fund – recognised transfers and prescribed purposes) is amended as follows.
2
In Table 3 (prescribed purposes – unsecured pension fund) above the entry relating to section 216(1), benefit crystallisation event 1 insert —
Section 165(1), pension rule 1 To determine whether the individual has reached the normal minimum pension age by reference to the day on which, in the case of income withdrawal, the first payment of unsecured pension was made under the old arrangement.
Dave Hartnett
Steve Lamey
Two Commissioners for Her Majesty’s Revenue and Customs
14th March 2011