text:
Citation and commencement
1
This Order may be cited as the Nuffield Orthopaedic Centre National Health Service Trust (Dissolution) Order 2011 and shall come into force on 1st November 2011.
Dissolution of NHS trust
2
1
The Nuffield Orthopaedic Centre National Health Service Trust is dissolved.
2
The Nuffield Orthopaedic Centre National Health Service Trust (Establishment) Order 1990 is revoked.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
4th October 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011.
2
They come into force on 27th January 2012.
3
In these Regulations, “the Employer Debt Regulations ” means the Occupational Pension Schemes (Employer Debt) Regulations 2005 .
Amendment of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005
2
In regulation 1(3) of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (interpretation) —
a
in sub-paragraphs (a) and (b), for “D or E” substitute “D, E or F”,
b
after sub-paragraph (a)(v), insert —
vi
condition F is that a flexible apportionment arrangement has taken effect in accordance with regulation 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (flexible apportionment arrangements) where the employer was the leaving employer within the meaning given in paragraph (7) of that regulation;
, and
c
after sub-paragraph (b)(v), insert —
vi
condition F is that a flexible apportionment arrangement has taken effect in accordance with regulation 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005 where the employer was the leaving employer within the meaning given in paragraph (7) of that regulation.
.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
3
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended as follows.
2
In regulation 1(5) (interpretation) —
a
in sub-paragraphs (a) and (b), for “D or E” substitute “D, E or F”,
b
after sub-paragraph (a)(v), insert —
vi
condition F is that a flexible apportionment arrangement has taken effect in accordance with regulation 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (flexible apportionment arrangements) where the employer was the leaving employer within the meaning given in paragraph (7) of that regulation;
, and
c
after sub-paragraph (b)(v), insert —
vi
condition F is that a flexible apportionment arrangement has taken effect in accordance with regulation 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005 where the employer was the leaving employer within the meaning given in paragraph (7) of that regulation.
.
3
In regulation 2(4) (schemes which are not eligible schemes) , after sub-paragraph (e) insert —
f
a flexible apportionment arrangement within regulation 6E of those Regulations.
.
Amendment of regulation 2 of the Employer Debt Regulations
4
1
Regulation 2 of the Employer Debt Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
after the definition of “employment-cessation event” , insert —
“flexible apportionment arrangement” means an arrangement that takes effect in accordance with regulation 6E;
,
b
in the definition of “liability proportion” , for ““K/L”” substitute “K divided by L”, and
c
in the definition of “liability share” , for “of the total” substitute “multiplied by the total”.
3
In paragraph (4A) —
a
after “regulations 6B, 6C” insert “, 6E”,
b
in sub-paragraph (a), after “the applicable time” insert “(or, in the case of a flexible apportionment arrangement, after the time that arrangement takes effect)”, and
c
in sub-paragraph (b), after “under regulation 6B” insert “or a flexible apportionment arrangement under regulation 6E”.
4
In paragraph (4B) —
a
after “the applicable time”, insert “(or, in the case of a flexible apportionment arrangement, at the time that arrangement takes effect)”, and
b
in the substituted paragraph (4A), after “regulations 6B, 6C” insert “, 6E”.
Amendment of regulation 5 of the Employer Debt Regulations
5
1
Regulation 5 of the Employer Debt Regulations (calculation of the amount of scheme liabilities and value of scheme assets) is amended as follows.
2
For paragraph (3), substitute —
3
The assets of the scheme are to be valued, the liabilities of the scheme are to be determined and the amounts of those liabilities are to be calculated by reference to the same date.
.
3
In paragraph (8), for “(15)” substitute “(14)”.
4
For paragraph (15), substitute —
15
An amount B is an asset of the scheme to be taken into account by the trustees or managers only if —
a
the scheme has not commenced winding-up at the applicable time;
b
the amount B is part of a withdrawal arrangement or an approved withdrawal arrangement which is in force before the applicable time; and
c
the trustees or managers are reasonably satisfied that the guarantors have sufficient financial resources at the applicable time to be likely to pay the amount B.
.
Amendment of regulation 6 of the Employer Debt Regulations
6
In regulation 6(4) of the Employer Debt Regulations (multi-employer schemes: general) —
a
after sub-paragraph (aa), insert —
ab
where a flexible apportionment arrangement has taken effect, the liabilities to be attributed to Employer A must include the liabilities for which Employer A —
i
has taken over responsibility under that arrangement; or
ii
is treated for all purposes as being responsible under that arrangement;
, and
b
for sub-paragraph (b), substitute —
b
subject to sub-paragraph (c), the liabilities to or in respect of any member which arose during or as a result of pensionable service with Employer A (including any liabilities attributable to a transfer in respect of that member received by the scheme during that period or periods of pensionable service) are attributable to Employer A; and
.
Amendment of regulation 6ZA of the Employer Debt Regulations
7
1
Regulation 6ZA of the Employer Debt Regulations (employment-cessation events: general) is amended as follows.
2
In paragraph (1), for “paragraphs (2) to (6)” substitute “paragraphs (2) to (7)”.
3
After paragraph (6), insert —
7
An employment-cessation event does not occur in respect of the leaving employer within the meaning given in regulation 6E(7) where —
a
the conditions in regulation 6E(2) are met, and
b
before the end of the period of 28 days beginning with the day on which those conditions were met, an event occurs in relation to that employer which meets the requirements of sub-paragraphs (a) to (c) of paragraph (1) of this regulation.
.
Amendment of regulation 6ZB of the Employer Debt Regulations
8
In regulation 6ZB(17) of the Employer Debt Regulations (employment-cessation events: exemptions) —
a
after sub-paragraph (f), omit “and”, and
b
after sub-paragraph (g) insert —
h
liabilities for which the employer —
i
has taken over responsibility under a flexible apportionment arrangement, or
ii
is treated for all purposes as being responsible under such an arrangement, and
i
actual and contingent liabilities.
.
Amendment of regulation 6A of the Employer Debt Regulations
9
1
Regulation 6A of the Employer Debt Regulations (employment-cessation events: periods of grace) is amended as follows.
2
In paragraph (1), for “as soon as possible and in any event within one month” substitute “within 2 months”.
3
In paragraph (3) in the definition of “period of grace”, for paragraph (a) substitute —
a
the day referred to in paragraph (4), or
.
4
After paragraph (3), insert —
4
The day mentioned in paragraph (a) of the definition of “period of grace” in paragraph (3) is —
a
the day which is 12 months after the cessation date; or
b
a day which —
i
is more than 12 months after the cessation date;
ii
is less than 36 months after the cessation date; and
iii
the trustees or managers of the scheme choose to nominate in accordance with paragraph (5).
5
A nomination mentioned in paragraph (4)(b)(iii) may only be made —
a
in writing; and
b
before —
i
the end of 12 months after the cessation date, where no day has previously been nominated under paragraph (4)(b)(iii); or
ii
the day previously nominated under paragraph (4)(b)(iii).
.
Insertion of regulation 6E of the Employer Debt Regulations
10
After regulation 6D of the Employer Debt Regulations (notifiable events) , insert —
Flexible apportionment arrangements
6E
1
A flexible apportionment arrangement takes effect on the date on which both —
a
the conditions in paragraph (2) are met; and
b
an employment-cessation event —
i
has occurred in relation to the leaving employer before the date on which the conditions in paragraph (2) are met;
ii
would have occurred in relation to the leaving employer if regulation 6ZA(7) had not applied; or
iii
would have occurred in relation to the leaving employer if the scheme had not become a frozen scheme.
2
The conditions are that —
a
subject to paragraph (4), the funding test is met;
b
one or more replacement employers —
i
take over responsibility under a legally enforceable agreement for all the liabilities in relation to the scheme (within the meaning given in regulation 6ZB(17)) of the leaving employer as those liabilities stand immediately before the flexible apportionment arrangement takes effect, taking into account any reduction mentioned in paragraph (5)(c); or
ii
where it is impossible for the replacement employer(s) to take over responsibility for those liabilities under a legally enforceable agreement, are treated for all purposes as being responsible for those liabilities;
c
the following persons consent in writing —
i
the trustees or managers of the scheme;
ii
the leaving employer; and
iii
all the replacement employers referred to in sub-paragraph (b);
d
the leaving employer is not in a period of grace in accordance with regulation 6A;
e
the requirements set out in paragraph (5) are met for any payment of any part of a debt —
i
due as a result of the employment-cessation event referred to in paragraph (1)(b)(i); or
ii
that would have been due as a result of the employment-cessation event referred to in paragraph (1)(b)(ii) that would have occurred if regulation 6ZA(7) had not applied;
f
the scheme is not —
i
in an assessment period; or
ii
being wound up; and
g
the trustees or managers of the scheme are satisfied that an assessment period is unlikely to begin in relation to the scheme within the period of 12 months beginning with the date on which a flexible apportionment arrangement takes effect.
3
Where a flexible apportionment arrangement takes effect in accordance with paragraph (1)(b)(i), section 75(4) of the 1995 Act is modified so that no amount is to be treated as a debt due to the trustees or managers of the scheme as a result of the employment-cessation event.
4
The funding test does not have to be met where —
a
the funding test is met for a different flexible apportionment arrangement;
b
the time when the flexible apportionment arrangement takes effect is or will be, in the opinion of the trustees or managers of the scheme, the same as or similar to the time when the different flexible apportionment arrangement takes effect; and
c
the trustees or managers of the scheme are satisfied that the funding test would be met if it was carried out again.
5
The requirements referred to in paragraph (2)(e) are —
a
the payment (which in this paragraph means the payment referred to in paragraph (2)(e)) is made to the trustees or managers of the scheme by or on behalf of the leaving employer;
b
the payment is in addition to any amount that is required to be paid under the schedule of contributions;
c
the trustees or managers of the scheme decide to make a reduction of the liabilities in relation to the scheme (within the meaning given in regulation 6ZB(17)) of the leaving employer as a result of the payment; and
d
the reduction of those liabilities relates to the amount of the payment.
6
The trustees or managers of the scheme may require the leaving employer or the replacement employers (or both) to pay all or part of the costs which the trustees or managers of the scheme have incurred by virtue of this regulation.
7
In this regulation —
“the leaving employer” means an employer —
in relation to a multi-employer scheme;
in respect of whom a relevant event has not occurred; and
who —
employs at least one active member of the scheme in respect of whom defined benefits are accruing; or
used to employ at least one such active member;
“replacement employer” means an employer who, on the date on which the flexible apportionment arrangement takes effect —
is an employer in relation to the same multi-employer scheme as the leaving employer;
either —
is employing at least one active member of the scheme in respect of whom defined benefits are accruing; or
used to employ at least one such active member and no amount was treated as a debt due to the trustees or managers of the scheme when the last such active member ceased to be employed; and
is an employer in respect of whom a relevant event has not occurred.
.
Amendment of regulation 9 of the Employer Debt Regulations
11
1
Regulation 9 of the Employer Debt Regulations (frozen schemes and former employers) is amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (c)(iii), for “A to J is met; or” substitute “A to K is met;”, and
b
after sub-paragraph (d), insert —
; or
e
in relation to a frozen scheme, the person is the leaving employer within the meaning given in regulation 6E(7) in a flexible apportionment arrangement which has taken effect in accordance with regulation 6E.
.
3
After paragraph (14A), insert —
14B
Condition K is that a flexible apportionment arrangement took effect in accordance with regulation 6E —
a
with the result that no debt was treated as due from the person under section 75(4) of the 1995 Act, or
b
with the result that no debt arose in respect of the person because regulation 6ZA(7) applied.
.
Amendment of Schedule 1 to the Employer Debt Regulations
12
In the certificate in Schedule 1 to the Employer Debt Regulations (actuary’s certificate) —
a
in the definition of “liability proportion” in the Notes, for ““K/L”” substitute “K divided by L”, and
b
in the definition of “liability share” in the Notes, for “of the total” substitute “multiplied by the total”.
Amendment of Schedule 1B to the Employer Debt Regulations
13
In paragraph 2(1) of Schedule 1B to the Employer Debt Regulations (notifiable events) —
a
the words “any entering into a scheme apportionment arrangement on or after the applicable time” become paragraph (a) of paragraph 2(1), and
b
after paragraph (a), insert —
; or
b
a flexible apportionment arrangement taking effect.
.
Amendment of the Pensions Regulator (Financial Support Directions etc. ) Regulations 2005
14
In regulation 15(2) of the Pensions Regulator (Financial Support Directions etc.) Regulations 2005 (former employers) —
a
for “D or E”, substitute “D, E or F”, and
b
after sub-paragraph (e), insert —
f
condition F is that a flexible apportionment arrangement has taken effect in accordance with regulation 6E of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (flexible apportionment arrangements) where the employer was the leaving employer within the meaning given in paragraph (7) of that regulation.
.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005
15
After paragraph 3 of Schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (frozen or paid-up schemes) , insert —
Employers in periods of grace
3A
1
This paragraph applies where an employer is treated under regulation 6A(1) of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: periods of grace) as if it employed at least one person who is an active member of a scheme.
2
Where this paragraph applies, Part 3 of the 2004 Act (scheme funding) and these Regulations are modified so that references to “employer” include a reference to the employer referred to in sub-paragraph (1).
3
This paragraph ceases to apply where the period of grace referred to in regulation 6A of the Occupational Pension Schemes (Employer Debt) Regulations 2005 in respect of the employer comes to an end in accordance with that regulation.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
10th December 2011


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Employment and Support Allowance (Work-Related Activity) Regulations 2011 and shall come into force on 1st June 2011.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Welfare Reform Act 2007;
“the ESA Regulations ” means the Employment and Support Allowance Regulations 2008 ;
“action plan” means an action plan issued in accordance with regulation 5;
“carer’s allowance”, “child”, “lone parent”, “medical treatment” and “working day” have the meaning given in regulation 2(1) of the ESA Regulations.
2
For the purpose of these Regulations where a written notice is given by sending it by post it is taken to have been received on the second working day after posting.
PART 2 Work-related activity
Requirement to undertake work-related activity
3
1
The Secretary of State may require a person who satisfies the requirements in paragraph (2) to undertake work-related activity as a condition of continuing to be entitled to the full amount of employment and support allowance payable to that person.
2
The requirements referred to in paragraph (1) are that the person —
a
is required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the ESA Regulations;
b
is not a lone parent who is responsible for and a member of the same household as a child under the age of 5;
c
is not entitled to a carer’s allowance; and
d
is not entitled to a carer premium under paragraph 8 of Schedule 4 to the ESA Regulations.
3
A requirement to undertake work-related activity ceases to have effect if the person becomes a member of the support group .
4
A requirement imposed under paragraph (1) —
a
must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and
b
may not require the person to —
i
apply for a job or undertake work, whether as an employee or otherwise; or
ii
undergo medical treatment.
5
A person who is a lone parent and in any week is responsible for and a member of the same household as a child under the age of 13, may only be required to undertake work-related activity under paragraph (1) during the child’s normal school hours.
Directions about work-related activity
4
1
The circumstances in paragraph (2) are the circumstances prescribed for the purposes of section 15(1)(a) of the Act.
2
The circumstances referred to in paragraph (1) are that —
a
the person has been identified by the Secretary of State as having a barrier to work and in the view of the Secretary of State has refused to address that barrier; and
b
the Secretary of State considers that the activity specified in the direction given under section 15(1) of the Act is a prerequisite to the person’s ability to obtain or remain in work.
Notification of work-related activity and action plans
5
1
The Secretary of State must notify a person of a requirement to undertake work-related activity by including the requirement in a written action plan given to the person.
2
The action plan must specify —
a
the work-related activity which the person is required to undertake; and
b
any other information that the Secretary of State considers appropriate.
Requirement to undertake work-related activity at a particular time not to apply
6
The Secretary of State may determine that a requirement as to the time at or by which work-related activity is to be undertaken is not to apply, or is to be treated as not having applied, if in the view of the Secretary of State it would be, or would have been, unreasonable to require the person to undertake the activity at or by that time.
Reconsideration of action plans
7
1
A person may request reconsideration of an action plan.
2
On receipt of a request the Secretary of State must reconsider the action plan.
3
A decision of the Secretary of State following a request must be in writing and given to the person.
Failure to undertake work-related activity
8
1
A person who is required to undertake work-related activity but fails to do so must show good cause for the failure within 5 working days of the date on which the Secretary of State gives notice of the failure.
2
The Secretary of State must determine whether a person who is required to undertake work-related activity has failed to do so and, if so, whether the person has shown good cause for the failure.
3
In deciding whether a person has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case including in particular the person’s physical or mental health or condition.
PART 3 Contracting Out
Contracting out
9
1
Any function of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.
2
The functions are —
a
any function under —
i
regulation 3 (requirement to undertake work-related activity);
ii
regulation 5 (notification of work-related activity and action plans);
iii
regulation 6 (requirement to undertake work-related activity not to apply);
iv
regulation 7 (reconsideration of action plans);
b
any function under regulation 64(1)(a) and (c) and (1A) of the ESA Regulations (decisions in relation to cessation of reduction).
PART 4 Amendments to the ESA Regulations
Amendment to regulation 2(1) of the ESA Regulations (interpretation)
10
In regulation 2(1) of the ESA Regulations, omit the definition of “action plan”.
Revocation of regulations relating to work-focused health-related assessments
11
The following regulations of the ESA Regulations are revoked —
a
regulation 47 (requirement to take part in a work-focused health-related assessment);
b
regulation 48 (work-focused health-related assessment);
c
regulation 49 (notification of assessment);
d
regulation 51 (taking part in a work-focused health-related assessment);
e
regulation 52 (deferral of a requirement to take part in a work-focused health-related assessment); and
f
regulation 53 (failure to take part in a work-focused health-related assessment).
Amendment to regulation 56 of the ESA Regulations (notification of interview)
12
In regulation 56(1) of the ESA Regulations —
a
for “attend” substitute “take part in”; and
b
after “time and” insert “if required to attend in person, the”.
Amendment to regulation 57 of the ESA Regulations (taking part in a work-focused interview)
13
1
Regulation 57 of the ESA Regulations is amended as follows.
2
In paragraph (1)(a), at the beginning insert “ if required to attend in person,”.
3
After paragraph (1)(a) insert a new sub-paragraph —
aa
if not required to attend in person, is available and responds at the date and time notified in accordance with regulation 56 to any contact made at that time for the purpose of carrying out the interview;
.
4
Omit paragraph (1)(d).
Revocation of regulation 58 of the ESA Regulations (action plans)
14
Regulation 58 of the ESA Regulations is revoked.
Substitution of regulation 61 of the ESA Regulations (failure to take part in a work-focused interview)
15
For regulation 61(3) of the ESA Regulations (failure to take part in a work-focused interview), substitute —
3
In deciding whether a person has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case including in particular the person’s physical or mental health or condition.
.
Amendment to regulation 62 of the ESA Regulations (contracting out certain functions relating to work-focused interviews)
16
In paragraph (2) of regulation 62 of the ESA Regulations omit sub-paragraph (d).
Amendment to regulation 63 of the ESA Regulations (reduction of employment and support allowance)
17
1
Regulation 63 of the ESA Regulations is amended as follows.
2
For paragraph (1) substitute —
1
Where the Secretary of State has determined —
a
that a claimant who was required to take part in a work-focused interview has failed to do so and has failed to show good cause for that failure in accordance with regulation 61; or
b
that a claimant who was required to undertake work-related activity has failed to do so and has failed to show good cause for that failure in accordance with regulation 8 of the Employment and Support Allowance (Work-Related Activity) Regulations 2011,
(“a failure determination”) the amount of the employment and support allowance payable to the claimant is to be reduced in accordance with this regulation.
.
3
In paragraph (3)(b)(i) for “a work-focused health-related assessment” substitute “work-related activity”.
Amendment to regulation 64 of the ESA Regulations (cessation of reduction)
18
1
Regulation 64 of the ESA Regulations is amended as follows.
2
For paragraph (1) substitute —
1
Any reduction imposed as a result of a failure determination which resulted from a failure to undertake work-related activity in accordance with the Employment and Support Allowance (Work-Related Activity) Regulations 2011 ceases to have effect if —
a
the claimant complies with a requirement to undertake the work-related activity specified in the action plan or, where permitted by the Secretary of State, an alternative activity;
b
the claimant subsequently ceases to be subject to a requirement to undertake work-related activity; or
c
the Secretary of State decides it is no longer appropriate to require the person to undertake work-related activity at that time.
.
3
After paragraph (1) insert —
1A
The Secretary of State must notify the person in writing —
a
where an alternative activity is permitted under paragraph (1)(a), by inclusion of that activity in the action plan; and
b
of any decision under paragraph (1)(c).
.
4
In paragraph (2)(a) for “attend” substitute “take part in”.
Amendment to Schedule 8 to the ESA Regulations
19
In Schedule 8 to the ESA Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 15, insert —
15A
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, in complying with a requirement to undertake work-related activity.
.
Amendment of Schedule 9 to the ESA Regulations
20
In Schedule 9 to the ESA Regulations (capital to be disregarded) after paragraph 32, insert —
32A
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, in complying with a requirement to undertake work-related activity but only for 52 weeks beginning with the date of receipt of the payment.
.
PART 5 Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999
Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999
21
In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (interpretation), for the definition of “failure determination” , substitute —
“failure determination” means a determination by the Secretary of State under regulation 61(2) of the Employment and Support Allowance Regulations or regulation 8(2) of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 that a claimant has failed to satisfy a requirement of regulation 54 of the Employment and Support Allowance Regulations (requirement to take part in a work-focused interview) or regulation 3 of the Employment and Support Allowance (Work-Related Activity) Regulations 2011 (requirement to undertake work-related activity).
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Grayling
Minister of State,
Department for Work and Pensions
26th May 2011


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2011 and shall come into force on the day after the day on which it is made.
Proscribed organisations
2
In Schedule 2 to the Terrorism Act 2000 (Proscribed Organisations) , at the end add “Tehrik-e Taliban Pakistan”.
Baroness Neville-Jones
Minister of State
Home Office
20th January 2011


text:
Citation, commencement and extent
1
These Regulations may be cited as the Representation of the People (Electoral Registration Data Schemes) Regulations 2011.
2
These Regulations come into force on the day after the day on which they are made.
3
These Regulations do not extend to Northern Ireland.
Supply of electoral register for comparison
4
For the purposes of a scheme included in an order made under section 35 of the Political Parties and Elections Act 2009 (schemes for provision of data to registration officers), a registration officer may supply a copy of the whole or a part of the full register to a person in Great Britain in order to enable that copy to be compared with information contained in records kept by a person who is authorised or required to provide information to that registration officer under the scheme.
5
Where a copy of the whole or a part of the full register is supplied to a person under regulation 4, regulation 96(2) of the Representation of the People (England and Wales) Regulations 2001 and regulation 95(2) of the Representation of the People (Scotland) Regulations 2001 (restriction on use of the full register, or information contained in it, supplied in accordance with enactments or obtained otherwise) are modified by inserting in each “with the consent of the registration officer and” after “other than”.
Signed by authority of the Lord President of the Council
Mark Harper
Minister for Political and Constitutional Reform
Cabinet Office
9th June 2011


text:
Citation and commencement
1
This Order may be cited as the Enactment of Extra-Statutory Concessions Order 2011 and comes into force on 1st April 2011.
Recovery of overpaid tax: special relief
2
1
Schedule 1AB to the Taxes Management Act 1970 (recovery of overpaid tax etc ) is amended as follows.
2
In paragraph 2(1), for “paragraph 4(5)” substitute “paragraphs 3A and 4(5)”.
3
In paragraph 3, at the end insert —
5
Sub-paragraph (1) is subject to paragraph 3A.
.
4
After paragraph 3 insert —
Determinations under section 28C: special rules
3A
1
This paragraph applies where —
a
a determination has been made under section 28C of an amount that a person is liable to pay by way of income tax or capital gains tax, but the person believes the tax is not due or, if it has been paid, was not due,
b
relief would be available under this Schedule but for the fact that —
i
the claim falls within Case C (see paragraph 2(4)),
ii
the claim falls within Case F(a) (see paragraph 2(7)(a)), or
iii
more than 4 years have elapsed since the end of the relevant tax year (see paragraph 3(1)), and
c
if the claim falls within Case F(a), the person was neither present nor legally represented during the enforcement proceedings in question.
2
A claim under this Schedule for repayment or discharge of the amount may be made, and effect given to it, despite paragraph 2(4), paragraph 2(7)(a) or paragraph 3(1), as the case may be.
3
But the Commissioners are not liable to give effect to a claim made in reliance on this paragraph unless conditions A, B and C are met.
4
Condition A is that in the opinion of the Commissioners it would be unconscionable for the Commissioners to seek to recover the amount (or to withhold repayment of it, if it has already been paid).
5
Condition B is that the person’s affairs (as respects matters concerning the Commissioners) are otherwise up to date or arrangements have been put in place, to the satisfaction of the Commissioners, to bring them up to date so far as possible.
6
Condition C is that either —
a
the person has not relied on this paragraph on a previous occasion (whether in respect of the same or a different determination or tax), or
b
the person has done so, but in the exceptional circumstances of the case should be allowed to do so again on the present occasion.
7
For the purposes of sub-paragraph (6) —
a
a person has relied on this paragraph on a previous occasion if the person has made a claim (or a composite set of claims involving one or more determinations, taxes and tax years) in reliance on this paragraph on a previous occasion, and
b
it does not matter whether that claim (or set of claims) succeeded.
8
A claim made in reliance on this paragraph must include (in addition to anything required by Schedule 1A) such information and documentation as is reasonably required for the purpose of determining whether conditions A, B and C are met.
.
3
1
Part 6 of Schedule 18 to the Finance Act 1998 (excessive assessments or repayments etc) is amended as follows.
2
In paragraph 51A(1), for “paragraph 51C(5)” substitute “paragraphs 51BA and 51C(5)”.
3
In paragraph 51B, at the end insert —
5
Sub-paragraph (1) is subject to paragraph 51BA.
.
4
After paragraph 51B insert —
Determinations under paragraphs 36 and 37: special rules
51BA
1
This paragraph applies where —
a
a determination has been made under paragraph 36 or 37 of an amount that a person is liable to pay by way of tax, but the person believes the tax is not due or, if it has been paid, was not due,
b
relief would be available under paragraph 51 but for the fact that —
i
the claim falls within Case C (see paragraph 51A(4)),
ii
the claim falls within Case F(a) (see paragraph 51A(7)(a)), or
iii
more than 4 years have elapsed since the end of the relevant accounting period (see paragraph 51B(1)), and
c
if the claim falls within Case F(a), the person was neither present nor legally represented during the enforcement proceedings in question.
2
A claim under paragraph 51 for repayment or discharge of the amount may be made, and effect given to it, despite paragraph 51A(4), paragraph 51A(7)(a) or paragraph 51B(1), as the case may be.
3
But the Commissioners for Her Majesty’s Revenue and Customs are not liable to give effect to a claim made in reliance on this paragraph unless conditions A, B and C are met.
4
Condition A is that in the opinion of the Commissioners for Her Majesty’s Revenue and Customs it would be unconscionable for the Commissioners for Her Majesty’s Revenue and Customs to seek to recover the amount (or to withhold repayment of it, if it has already been paid).
5
Condition B is that the person’s affairs (as respects matters concerning the Commissioners for Her Majesty’s Revenue and Customs) are otherwise up to date or arrangements have been put in place, to the satisfaction of the Commissioners for Her Majesty’s Revenue and Customs, to bring them up to date so far as possible.
6
Condition C is that either —
a
the person has not relied on this paragraph on a previous occasion (whether or not in respect of the same determination), or
b
the person has done so, but in the exceptional circumstances of the case should be allowed to do so again on the present occasion.
7
For the purposes of sub-paragraph (6) —
a
a person has relied on this paragraph on a previous occasion if the person has made a claim (or a composite set of claims involving one or more determinations and accounting periods) in reliance on this paragraph on a previous occasion, and
b
it does not matter whether that claim (or set of claims) succeeded.
8
A claim made in reliance on this paragraph must include (in addition to anything required by Schedule 1A to the Taxes Management Act 1970) such information and documentation as is reasonably required for the purpose of determining whether conditions A, B and C are met.
.
4
1
In the following provisions (inserted by articles 2 and 3), references to reliance “on this paragraph” include reliance before the coming into force of this Order on the existing HMRC concession —
a
paragraph 3A(6) and (7) of Schedule 1AB to the Taxes Management Act 1970, and
b
paragraph 51BA(6) and (7) of Schedule 18 to the Finance Act 1998.
2
“The existing HMRC concession” means the existing HMRC concession (within the meaning of section 160 of the Finance Act 2008) to which effect is given by articles 2 and 3.
5
1
The amendments made by articles 2 and 3 have effect in relation to determinations made before the date on which this Order comes into force (as in relation to determinations made on or after that date).
2
But they do not apply to a determination made before that date if a claim for relief in respect of it has already been refused before that date.
3
“Determination” means a determination under section 28C of the Taxes Management Act 1970 or paragraph 36 or 37 of Schedule 18 to the Finance Act 1998.
Life assurance premium relief after divorce
6
1
In paragraph 1 of Schedule 14 to the Income and Corporation Taxes Act 1988 (spouses and civil partners), for sub-paragraph (1) substitute —
1
In section 266 —
a
references to an individual’s spouse include any person who —
i
was that individual’s spouse at the time the insurance or contract was made, or
ii
became that individual’s spouse after the insurance or contract was made,
unless the marriage was dissolved before 6th April 1979, and
b
references to an individual’s civil partner include any person who —
i
was that individual’s civil partner at the time the insurance or contract was made, or
ii
became that individual’s civil partner after the insurance or contract was made.
.
2
After that sub-paragraph insert —
1A
But an individual is entitled to relief by virtue of sub-paragraph (1)(a)(ii) or (b)(ii) only in respect of premiums payable after the date on which the person in question became that individual’s spouse or civil partner.
.
3
The amendments made by this article have effect in relation to any premium paid on or after 1st April 2011.
Life assurance premium relief: repayment supplements
7
1
Section 824 of the Income and Corporation Taxes Act 1988 (repayment supplements: individuals and others) is amended as follows.
2
After subsection (2C) insert —
2D
Subsection (1) shall apply —
a
to a repayment made as mentioned in section 270(4) (repayment of excess of life assurance premium relief clawed back over amount of liability) as if the repayment were a repayment of income tax paid for the tax year in which the event concerned happened; and
b
to a payment made under paragraph 6(1) of Schedule 14 (payment where entitlement to life assurance premium relief has not been given by deduction) as if the payment were a repayment of income tax paid for the tax year in which the entitlement to relief arose.
.
3
In subsection (3), after paragraph (ac) insert —
ad
if the repayment is a payment falling within subsection (2D)(b), the relevant time is 31 January next following the end of the tax year in which the entitlement to relief arose;
.
8
In Part 2 of Schedule 54 to the Finance Act 2009 (repayment interest: special provision as to repayment interest start date), after paragraph 9C insert —
Payments in connection with life assurance premium relief
9D
In the case of a payment made under paragraph 6(1) of Schedule 14 to ICTA (payment where entitlement to life assurance premium relief has not been given by deduction), the repayment interest start date is 31 January next following the end of the tax year in which the entitlement to relief arose.
.
9
1
The amendments made by article 7 have effect in relation to any repayment or (as the case may be) payment made by HMRC on or after 1st April 2011.
2
The amendment made by article 8 has effect in relation to any payment made by HMRC on or after 1st April 2011.
Certain employee legal costs paid by employer not taxed
10
1
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
2
In section 401(2) (application of Chapter 3 of Part 6), for “413” substitute “413A”.
3
After section 413 insert —
Exception for payment of certain legal costs
413A
1
This Chapter does not apply to a payment which meets conditions A and B.
2
Condition A is that the payment meets the whole or part of legal costs incurred by the employee exclusively in connection with the termination of the employee’s employment.
3
Condition B is that either —
a
the payment is made pursuant to an order of a court or tribunal, or
b
the termination of the employee’s employment results in a compromise agreement between the employer and the employee and —
i
the compromise agreement provides for the payment to be made by the employer, and
ii
the payment is made directly to the employee’s lawyer.
4
In this section —
“compromise agreement” means an agreement that satisfies the conditions regulating compromise agreements under the Employment Rights Act 1996 (see section 203(3)) or the Employment Rights (Northern Ireland) Order 1996 (see article 245(3));
“lawyer” has the same meaning as “qualified lawyer” in section 203(4) of the Employment Rights Act 1996 or article 245(4) of the Employment Rights (Northern Ireland) Order 1996;
“legal costs” means fees payable for the services and disbursements of a lawyer.
.
4
The amendments made by this article have effect in relation to payments made on or after 6th April 2011.
Wear and tear allowance
11
1
The Income Tax (Trading and Other Income) Act 2005 is amended as follows.
2
After section 308 (furnished lettings) insert —
Furnished accommodation: wear and tear allowance
Wear and tear allowance election
308A
1
Where —
a
a person (“P”) carries on a property business in a tax year which consists of or includes a furnished letting, and
b
a dwelling-house that is subject to the letting is eligible in relation to P at any time in the year,
P may make an election (a “wear and tear allowance election”) in relation to the business for the year.
2
A wear and tear allowance election for a tax year must be made on or before the first anniversary of the normal self-assessment filing date for the tax year.
3
In this section and sections 308B and 308C, “furnished letting” means a furnished letting as defined in section 308 but does not include a commercial letting of furnished holiday accommodation (within the meaning of Chapter 6).
4
See —
section 308B for the meaning of “eligible” in relation to a dwelling-house, and
section 308C for the effect of a wear and tear allowance election.
Meaning of “eligible” in relation to a dwelling-house
308B
1
A dwelling-house is “eligible” at any time in relation to a person (“P”) who carries on a property business in a tax year if, at that time —
a
the dwelling-house is subject to a furnished letting comprised in the business,
b
the dwelling-house contains sufficient furniture, furnishings and equipment for normal residential use, and
c
P is responsible for the state of affairs mentioned in paragraph (b).
2
P is so responsible if —
a
any of the furniture, furnishings and equipment contained in the dwelling-house at the time mentioned in subsection (1) is provided by P,
b
that furniture, furnishings and equipment, together with any furniture, furnishings and equipment in the dwelling-house at that time provided by a superior landlord of P, is sufficient for normal residential use, and
c
the conditions in paragraphs (a) and (b) are not met in relation to a superior landlord of P.
3
References in this section to a superior landlord of P are to any person who —
a
has an interest in the dwelling-house that is superior to that of P, and
b
carries on a property business in the tax year that consists of or includes a furnished letting to which the dwelling-house is subject.
Effect of wear and tear allowance election
308C
1
This section applies where a person (“P”) makes a wear and tear allowance election that has effect in relation to a property business (“the property business”) for a tax year (“the tax year”).
2
In calculating the profits of the property business for the tax year —
a
a wear and tear allowance is allowed as a deduction, and
b
no deduction is allowed —
i
whether under section 68 or otherwise, for expenses incurred on replacing or altering any tool (within the meaning of subsection (3) of that section), so far as the expenses are within subsection (6), or
ii
whether under section 308 or otherwise, for expenses incurred in connection with the provision of furniture, so far as the expenses are within subsection (6).
3
The amount of the wear and tear allowance is 10% of the relevant rental amount.
4
In subsection (3) “the relevant rental amount” means —
a
the sum of the amounts brought into account as receipts by P in calculating the profits of the property business, so far as the receipts are within subsection (6), less
b
the sum of any amounts brought into account as relevant expenses by P in calculating the profits of the property business, so far as the expenses are within subsection (6).
5
In subsection (4)(b) “relevant expenses” means expenses in relation to utilities, council tax or anything else the cost of which is, in the case of a furnished letting, normally borne by the lessee.
6
Receipts or expenses are within this subsection so far as they are attributable to a dwelling-house that is subject to a furnished letting comprised in the property business, but disregarding any amounts that are so attributable in respect of a time at which the dwelling-house is not eligible in relation to P.
7
Receipts and expenses are to be attributed for the purposes of subsection (6) on a just and reasonable basis.
Furnished accommodation: rent-a-room relief
.
3
In section 327 (separate profit calculations), in subsection (2) , at the end of paragraph (b) insert —
, or
c
a wear and tear allowance is allowed in relation to the business under section 308C of this Act.
.
12
1
The Corporation Tax Act 2009 is amended as follows.
2
After section 248 (furnished lettings) insert —
Furnished accommodation: wear and tear allowance
Wear and tear allowance: election
248A
1
Where —
a
a company (“C”) carries on a property business in an accounting period which consists of or includes a furnished letting, and
b
a dwelling-house that is subject to the letting is eligible in relation to C at any time in the period,
C may make an election (a “wear and tear allowance election”) in relation to the business for the period.
2
A wear and tear allowance election for an accounting period must be made within the period of two years beginning at the end of the accounting period.
3
In this section and sections 248B and 248C, “furnished letting” means a furnished letting as defined in section 248 but does not include a commercial letting of furnished holiday accommodation (within the meaning of Chapter 6).
4
See —
section 248B for the meaning of “eligible” in relation to a dwelling-house, and
section 248C for the effect of a wear and tear allowance election.
Meaning of “eligible” in relation to a dwelling-house
248B
1
A dwelling-house is “eligible” at any time in relation to a company (“C”) that carries on a property business in an accounting period if, at that time —
a
the dwelling-house is subject to a furnished letting comprised in the business,
b
the dwelling-house contains sufficient furniture, furnishings and equipment for normal residential use, and
c
C is responsible for the state of affairs mentioned in paragraph (b).
2
C is so responsible if —
a
any of the furniture, furnishings and equipment contained in the dwelling-house at the time mentioned in subsection (1) is provided by C,
b
that furniture, furnishings and equipment, together with any furniture, furnishings and equipment in the dwelling-house at that time provided by a superior landlord of C, is sufficient for normal residential use, and
c
the conditions in paragraphs (a) and (b) are not met in relation to a superior landlord of C.
3
References in this section to a superior landlord of C are to any person who —
a
has an interest in the dwelling-house that is superior to that of C, and
b
carries on a property business in the accounting period that consists of or includes a furnished letting to which the dwelling-house is subject.
Effect of wear and tear allowance election
248C
1
This section applies where a company (“C”) makes a wear and tear allowance election that has effect in relation to a property business (“the property business”) for an accounting period (“the accounting period”).
2
In calculating the profits of the property business for the accounting period —
a
a wear and tear allowance is allowed as a deduction, and
b
no deduction is allowed —
i
whether under section 68 or otherwise, for expenses incurred on replacing or altering any tool (within the meaning of subsection (3) of that section), so far as the expenses are within subsection (6), or
ii
whether under section 248 or otherwise, for expenses incurred in connection with the provision of furniture, so far as the expenses are within subsection (6).
3
The amount of the wear and tear allowance is 10% of the relevant rental amount.
4
In subsection (3) “the relevant rental amount” means —
a
the sum of the amounts brought into account as receipts by C in calculating the profits of the property business so far as the receipts are within subsection (6), less
b
the sum of any amounts brought into account as relevant expenses by C in calculating the profits of the property business so far as the expenses are within subsection (6).
5
In subsection (4)(b) “relevant expenses” means expenses in relation to utilities, council tax or anything else the cost of which is, in the case of a furnished letting, normally borne by the lessee.
6
Receipts or expenses are within this subsection so far as they are attributable to a dwelling-house that is subject to a furnished letting comprised in the property business, but disregarding any amounts that are so attributable in respect of a time at which the dwelling-house is not eligible in relation to C.
7
Receipts and expenses are to be attributed for the purposes of subsection (6) on a just and reasonable basis.
.
3
In section 269 (separate profit calculations), in subsection (2) , at the end of paragraph (b) insert —
, or
c
a wear and tear allowance is allowed in relation to the business under section 248C of this Act.
.
13
1
The amendments made by article 11 have effect for the tax year 2011-12 and subsequent tax years.
2
The amendments made by article 12 have effect for accounting periods beginning on or after 1st April 2011.
Fund raising events
14
1
In section 529(2) of the Income Tax Act 2007 (exemption for profits of a trade carried on by charitable trust which arise from VAT-exempt events) for “applied to the purposes of the charitable trust only” substitute “either applied for charitable purposes or transferred to another charity”.
2
The amendment made by this article has effect in relation to profits applied or transferred on or after 6th April 2011.
Qualifying life assurance policies
15
1
In Schedule 15 to the Income and Corporation Taxes Act 1988 (qualifying policies), after paragraph 20 insert —
(viii) Policy reinstated after non-payment of premium
20ZA
1
This paragraph applies to a qualifying policy (“the original policy”) if conditions A to D are satisfied.
2
Condition A is that one or more premiums due under the original policy are not paid on or before the date on which they become due.
3
Condition B is that the original policy, in accordance with its terms, is treated as having lapsed or is converted into a paid-up policy —
a
by reason only of the failure to pay that premium or those premiums, and
b
within the period of 12 months beginning with the day following the day on which the earliest unpaid premium becomes due.
4
Condition C is that the original policy —
a
is reinstated on the same terms, or
b
is replaced by another policy in the same terms (“the replacement policy”),
on or before the thirtieth day after the first anniversary of the day following the day on which the earliest unpaid premium becomes due.
5
Condition D is that all unpaid premiums due under the original policy are paid on or before the date on which the policy is reinstated or replaced.
6
Where condition C is satisfied by virtue of sub-paragraph (4)(b) the replacement policy is to be treated for the purposes of this Schedule as if it were the original policy.
7
The policy is to be treated for the purposes of this Schedule as if the premiums payable under it had been paid on their due dates.
.
2
The amendment made by this article has effect in any case where the policy is reinstated or (as the case may be) replaced on or after 1st April 2011.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Registration of Marriages (Amendment) Regulations 2011.
2
These Regulations shall come into force on the day on which the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (Remedial) Order 2011 comes into force.
Amendment to the Registration of Marriages Regulations 1986
2
1
The Registration of Marriages Regulations 1986 are amended as follows.
2
In Schedule 1 (prescribed forms) —
a
for Form 1B (notice of marriage given by a party who is subject to immigration control and where both parties are aged eighteen or over) substitute Form 1B in Schedule 1 to these Regulations.
b
for Form 1C (notice of marriage given by a party who is subject to immigration control and where either party is, or both parties are, under eighteen) substitute Form 1C in Schedule 1 to these Regulations.
Amendment to the Registration of Marriages (Welsh Language) Regulations 1999
3
1
The Registration of Marriages (Welsh Language) Regulations 1999 are amended as follows.
2
In Schedule 1 (Prescribed forms) —
a
for Form 1B in Schedule 1 substitute Form 1B in Schedule 2 to these Regulations; and
b
for Form 1C in Schedule 1 substitute Form 1C in Schedule 2 to these Regulations.
Made by
Sarah Rapson
Registrar General
26th April 2011
I approve,
Damian Green
Minister of State
Home Office
25th April 2011


text:
Declaration, citation and commencement
1
1
The Secretary of State declares that the urgency of this matter makes it necessary for the Regulations to be made without prior approval by a resolution of each House.
2
These Regulations may be cited as the Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011 and shall come into force on 30th December 2011.
Amendment of the Accession (Immigration and Worker Authorisation) Regulations 2006
2
In regulation 1(2)(c) of the Accession (Immigration and Worker Authorisation) Regulations 2006 (definition of “accession period”), for “31st December 2011” substitute “31st December 2013”.
Damian Green
Minister of State
Home Office
23rd November 2011


text:
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3), makes the following Order.
PART 1 PRELIMINARY
Citation, commencement and duration
1
1
This Order may be cited as the Portland (The London 2012 Olympic and Paralympic Games) Harbour Revision Order 2011 and shall come into force on 5 th August 2011.
2
This Order shall cease to have effect on the Olympic termination date.
Interpretation
2
1
In this Order —
“the Act of 1887 ” means the Weymouth and Melcombe Regis Corporation Act 1887 ;
“the additional area” means the sea area to landward of a line drawn between positions 50 degrees 31.26’N, 02 degrees 26.56’W, 50 degrees 31.26’N, 02 degrees 23.36’W, 50 degrees 34.88’N, 02 degrees 15.00’W and 50 degrees 37.02’N, 02 degrees 15.00’W (based on WGS 84 datum) that is not within Portland harbour or Weymouth harbour;
“ the Authority ” means the Weymouth and Portland Borough Council;
“the 1993 Order ” means the Weymouth and Portland Harbour Revision Order 1993 ;
“the 1997 Order ” means the Portland Harbour Revision Order 1997 ;
“ the Company ” means Portland Harbour Authority Limited (which is registered in England and Wales with the number 3002686);
“the Olympic commencement date” means the 16 th July 2012;
“the Olympic period” means the inclusive period from the Olympic commencement date to the Olympic termination date, during which the sailing and windsurfing events forming part of the London 2012 Olympic and Paralympic Games will be conducted in Portland harbour, the Weymouth outer harbour and the additional area;
“the Olympic termination date” means 9 th September 2012;
“Portland harbour” means the harbour, as defined in the 1997 Order;
“the proposed Weymouth Order ” means an order to be made under section 14 of the Harbours Act 1964 that would have the effect of causing the Authority to cease to be the harbour authority for the Weymouth outer harbour and to have any duties, powers, rights, privileges or authorities in respect of it, during the Olympic period;
“Weymouth harbour” means the harbour of Weymouth and Melcombe Regis, as defined by section 8 of the Act of 1887 and extended by the 1993 Order;
“Weymouth outer harbour” means that part of Weymouth harbour that is to seaward of a line drawn by the outer piers or breakwaters referred to in section 8 of the Act of 1887 that are located in positions 50 degrees 36.59’N, 02 degrees 26.63’W and 50 degrees 36.58’N, 02 degrees 26.49’W respectively (based on WGS 84 datum); and
“WGS 84” means the World Geodetic System, revised in 1984 and further revised in 2004,
and references to general and special directions are to general and special directions under articles 16 and 18 of the 1997 Order applied by article 3(1) and (2).
2
In the definitions of “the additional area” and “Weymouth outer harbour” in paragraph (1) all measurements shall be construed as if the words “or thereabouts” were inserted after each measurement.
Incorporation of the 1997 Order
3
1
Subject to paragraph (2) the 1997 Order (except articles 11, 13, all of Part IV, articles 42, 43, 44, 45, 48, 49 and 51), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is hereby incorporated in this Order (subject to the modification in article 4(5)) and shall apply to the Weymouth outer harbour and the additional area during the Olympic period.
2
In addition to its incorporation and application by paragraph (1) for all purposes during the Olympic Period, article 16 of the 1997 Order shall be incorporated and apply as from the date of coming into force of this Order for the purpose only of consulting the Chamber of Shipping before the Olympic commencement date on any general direction under that article to come into force on or after that date that relates to the Weymouth outer harbour or the additional area, or any part or parts of those areas (whether or not relating also to an area or areas within Portland harbour).
3
The application of the 1997 Order to Portland harbour at all times shall remain unaffected by this Order.
PART 2 HARBOUR REGULATION
Jurisdiction
4
1
Subject to article 8, no general or special direction may, to the extent that it relates to the Weymouth outer harbour or the additional area, take effect at any time other than during the Olympic period, and any such direction shall cease to have effect on the Olympic termination date.
2
On the Olympic commencement date, when under the proposed Weymouth Order the Authority ceases to be the harbour authority for the Weymouth outer harbour, the Company shall become the harbour authority for the Weymouth outer harbour and the additional area.
3
Subject to article 8, on the Olympic termination date, when under the proposed Weymouth Order the Authority reverts to being the harbour authority for the Weymouth outer harbour, the Company shall cease to be the harbour authority for the Weymouth outer harbour and the additional area and to have any duties, powers, rights, privileges or authorities in respect of them.
4
On the Olympic termination date the Company shall continue to be the harbour authority for Portland harbour.
5
The 1997 Order shall remain in full force and effect at all times to the intent that the Company shall exercise jurisdiction as a harbour authority during the Olympic period in respect of Portland harbour, the Weymouth outer harbour and the additional area subject to the provisions of the 1997 Order and this Order, and accordingly on the Olympic commencement date, for the purposes of the provisions of the 1997 Order incorporated in this Order and applied by article 3, save where the context otherwise requires, the definition of “the harbour” in article 2(1) of that Order shall be extended to include the Weymouth outer harbour and the additional area until the Olympic termination date, and, pursuant to that jurisdiction, the powers of the harbourmaster may be exercised within the aforesaid areas.
General functions of the Company
5
During the Olympic period, the Company may, subject to the provisions of the 1997 Order and this Order, take all such steps from time to time as they may consider necessary or desirable for the maintenance, operation, management and improvement of the Weymouth outer harbour and the additional area, and for the conservation of their flora, fauna and geological and physiographical features of special interest.
Environmental Consultative Committee
6
1
The Company shall establish a committee, to be known as the Environmental Consultative Committee, which they shall consult, during the Olympic period, on all matters substantially affecting the conservation of the flora, fauna and geological and physiological features of special interest within Portland harbour, the Weymouth outer harbour and the additional area.
2
Subject to the provisions of this article, the Company shall appoint the following members of the Environmental Consultative Committee –
a
two nominated by the Authority;
b
one nominated by the London Organising Committee of the Olympic Games and Paralympic Games;
c
one nominated by Natural England;
d
one nominated by the Centre for Environment, Fisheries and Aquaculture Science;
e
one nominated by the Inshore Fisheries Conservation Authority;
f
one nominated by the Marine Management Organisation;
g
one nominated by English Heritage;
h
one nominated by the Environment Agency;
i
one nominated by Dorset County Council; and
j
up to four chosen by the Company to represent persons interested in Portland harbour, the Weymouth outer harbour or the additional area, other than those mentioned in the preceding sub-paragraphs,
but the Committee shall be properly constituted if there are no fewer than eight members including the person appointed under paragraph (8) to chair the Committee.
3
If it appears to the Company in the case of any of the nominations referred to in sub-paragraphs (a) to (i) of paragraph (2) that the body by whom the nomination is to be made has refused or failed to nominate a person for appointment as a member within a reasonable time of being requested by the Company to do so, or if the body by whom any of the said nominations is to be made has ceased to have an identifiable existence, the appointment in question may be made by the Company after consultation with the persons (if any) appearing to the Company to be representative of the interests represented, or formerly represented, by the nominating body specified in the relevant sub-paragraph of paragraph (2).
4
The Company shall not be obliged to appoint a person who is duly nominated in accordance with any of sub-paragraphs (a) to (i) of paragraph (2) but may request the body or bodies who made the nomination to nominate another person.
5
The term of office of members of the Environmental Consultative Committee shall terminate on the Olympic termination date, whereupon the Environmental Consultative Committee shall be abolished, but a member of the Environmental Consultative Committee may at any time by notice in writing to the Company resign his office.
6
If a member of the Environmental Consultative Committee resigns his office or if his term of office is terminated by the Company because, in the opinion of the Company, he is no longer able to perform his functions as a member or if for any other reason he ceases to be a member, the Company may appoint a person as a member in his place after consultation with the persons (if any) appearing to the Company to be representative of the interests represented by the former member.
7
The Environmental Consultative Committee may determine its quorum and procedure.
8
The Company shall appoint a person to chair the Environmental Consultative Committee with a casting vote, who may, but need not, be one of the persons appointed under paragraph (2).
9
The Company shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Environmental Consultative Committee, whether or not it has been consulted by the Company on the matter, recommendation or representation so referred or made.
10
The terms of reference of the Portland Harbour Consultative Committee, established under article 6 of the 1997 Order, shall be varied during the Olympic period so as to:
a
exclude consideration of any matters that properly come within the terms of reference of the Environmental Consultative Committee; and
b
extend the area for which the Portland Harbour Consultative Committee is responsible to include the Weymouth outer harbour and the additional area.
PART 3 MISCELLANEOUS AND GENERAL
Limitations on the powers under this Order
7
Subject to articles 3(2) and 8, no powers may be exercised pursuant to this Order outside the Olympic Period and without prejudice to the generality of the foregoing, no general or special direction may have effect outside the Olympic Period to the extent that it relates to the Weymouth outer harbour or the additional area.
Saving
8
1
No proceedings or inquiries, whether commenced or continued during or after the Olympic period, in respect of any situation, matter, thing, happening, act, refusal, neglect or failure occurring during that period so far as relating to the Weymouth outer harbour or the additional area, or any part or parts of those areas (whether or not relating also to an area or areas within Portland harbour), including, but without prejudice to the generality of the foregoing, proceedings for an offence committed or penalty incurred, or for the recovery of expenses, rates, dues, fees or charges incurred, during that period, shall be affected by this Order ceasing to have effect on the Olympic termination date, and any such proceedings or inquiries may be commenced, continued and concluded, and any decision, judgment or ruling thereon may be enforced, as if this Order, and any general and special directions, had not ceased to have effect.
2
Any period of time current in relation to any proceedings or inquiries mentioned in paragraph (1) when this Order ceases to have effect shall not be affected by its ceasing to have effect and may continue to run as if this Order, and any general and special directions, had not ceased to have effect.
3
Nothing in this article shall prejudice the operation of sections 15 to 17 of the Interpretation Act 1978 (effect of repeals).
Signed by authority of the Marine Management Organisation
A Thompson
Acting Chief Executive Officer
An authorised employee of the Marine Management Organisation
7th July 2011


text:
Title and commencement
1
These Regulations may be cited as the Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 and come into force on 1st May 2011.
Amendment to the Aquatic Animal Health (England and Wales) Regulations 2009
2
1
The Aquatic Animal Health (England and Wales) Regulations 2009 are amended as follows.
2
In regulation 3 (interpretation) —
a
in paragraph (1), omit the definition of “Decision 2004/453/ EC ”;
b
in paragraph (3), omit the words “Decision 2004/453/EC ,”.
3
In paragraphs (1) and (2) of regulation 17 (certification requirements), omit the words “Article 5 of Decision 2004/453/EC or”.
4
In regulation 25 (contents and publication of an initial designation), after paragraph (3), insert —
3A
An initial designation may be amended, suspended or withdrawn by further notice.
.
5
In regulation 29 (contents and publication of a confirmed designation), after paragraph (3), insert —
3A
A confirmed designation may be amended, suspended or withdrawn by further notice.
.
6
At the end of the table in Schedule 1 (list of diseases) —
a
in the left hand column (disease) add “Ostreid herpesvirus 1 µvar (OsHV-1 µvar)”; and
b
in the corresponding entry in the right hand column (susceptible species) add “Pacific oyster ( Crassostrea gigas )”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
18th March 2011
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
29th March 2011


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Flat Rate Introduction Year) Order 2011.
Flat Rate Introduction Year
2
For the purpose of the definition of “the flat rate introduction year” in section 122(1) of the Social Security Contributions and Benefits Act 1992, the flat rate introduction year is the tax year beginning 6th April 2012.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
8th December 2011


text:
PART 1 The Traffic Signs (Amendment) Regulations 2011
Citation, commencement and interpretation
1
1
These regulations —
a
may be cited as the Traffic Signs (Amendment) Regulations 2011;
b
together with the general directions contained in Part 2 of this instrument, may be cited as the Traffic Signs (Amendment) Regulations and General Directions 2011; and
c
come into force on 9th May 2011.
2
In these regulations —
a
“the 2002 general directions ” means the Traffic Signs General Directions 2002 ; and
b
“the 2002 regulations ” means the Traffic Signs Regulations 2002 .
Preliminary
2
The 2002 regulations are amended as follows.
Amendment of regulation 4
3
In regulation 4 (interpretation — general), after the definition of “police vehicle”, insert —
“portable signal-controlled pedestrian facility” means a place on the carriageway of a road —
which is not a “crossing” as defined by section 25(6) of the 1984 Act ;
where temporary provision is made for pedestrians to cross the carriageway;
whose presence is indicated by a combination of the signs and signals —
prescribed by regulation 35;
shown —
in diagrams 4002.1 and 4003; or
in diagram 4002.1 and in only the part of the sign shown in diagram 4003.1 which includes the push button and the legend above it; and
shown in diagram 7011.2; and
whose presence may in addition be indicated —
where all streams of vehicular traffic are stopped only for the purpose of enabling pedestrians to cross the carriageway, by any or all of the following —
the road marking shown in diagram 1001;
the road marking shown in diagram 1001.3 (but only when placed in conjunction with the road markings shown in diagrams 1001 and 1055.1);
the road marking shown in diagram 1055.1; or
in other cases, by one or both of the following —
the road marking shown in diagram 1001;
the road marking shown in diagram 1055.1;
.
Amendment of regulation 27
4
In regulation 27(1) (road marking shown in diagram 1001.3: zig-zag lines — no stopping), in paragraph (a) of the definition of “controlled area”, after “adjacent to a signal-controlled crossing facility” insert “or portable signal-controlled pedestrian facility”.
Amendment of regulation 28
5
In regulation 28 (road marking shown in diagram 1001.3: zig-zag lines — no overtaking), in paragraph (1) and (2)(a) and (b), after “the signal-controlled crossing facility” in each place where it occurs insert “or portable signal-controlled pedestrian facility”.
Amendment of regulation 33
6
In regulation 33 (light signals for the control of vehicular traffic — standard form), in paragraph (5), for “European Standard EN12368: 2000” substitute “British Standard BS EN 12368:2006”.
Amendment of regulation 35
7
In regulation 35 (portable light signals for the control of vehicular traffic), in paragraph (c), for “European Standard EN12368: 2000” substitute “British Standard BS EN 12368:2006”.
Amendment of regulation 43
8
In regulation 43 (meaning of stop line and references to light signals), in paragraph (3)(a), after “7011.1” insert “, 7011.2”.
New regulation 47A
9
After regulation 47 (light signals at signal-controlled pedestrian facilities), insert —
Light signals at portable signal-controlled pedestrian facilities
47A
1
In this regulation “the portable crossing”, in relation to a sign, means the portable signal-controlled pedestrian facility in relation to which the sign is placed.
2
A sign for conveying to pedestrian traffic the warning and information specified in paragraph (4) shall —
a
be of the size, colour and type shown in diagram 4002.1; and
b
comply with the requirements of paragraph (3).
3
The requirements are that the sign is so designed and constructed that —
a
the red figure in the sign (“the red signal”) can be internally illuminated by a steady light;
b
the green figure in the sign (“the green signal”) can be internally illuminated by a steady light;
c
when one signal is illuminated the other is not;
d
the green signal is illuminated only when there is at the same time conveyed to vehicular traffic a prohibition against entering the portable crossing and the prohibition is indicated by the light signals prescribed by regulation 35; and
e
the signal heads are ES compliant.
4
The red signal, whilst it is illuminated, shall indicate the period during which, in the interests of safety, pedestrians should not use the portable crossing and the green signal, whilst it is illuminated, shall indicate the period during which pedestrians may use the portable crossing.
5
A device for causing the green signal in the sign shown in diagram 4002.1 to become illuminated —
a
shall be of the size, colour and type shown in diagram 4003; or
b
shall —
i
be of the size, colour and type of only the part of the sign shown in diagram 4003.1 which includes the push button and the legend above it; and
ii
whilst the red signal is illuminated, in some way indicate to pedestrians whether the push button device has been activated.
6
The sign shown in diagram 4003 shall, whilst the word “WAIT” is illuminated, convey the same indication as the red signal.
7
Any audible or tactile signal emitted by a device provided in conjunction with the green signal for the benefit of disabled persons shall convey to pedestrians the same indication as the green signal.
.
Amendment of Schedule 17
10
In Schedule 17 (illumination of signs), in column (2) of item 1, after “7011.1,” insert “7011.2,”.
New and replacement diagrams
11
1
In this regulation, a reference to a diagram is a reference to the diagram, the diagram’s accompanying text and the diagram’s accompanying untitled table or tables.
2
In Schedule 6 (road markings), for diagrams 1001, 1001.3 and 1055.1, substitute respectively diagrams 1001, 1001.3 and 1055.1 shown in Schedule 1 to these regulations.
3
In Schedule 8 (light signals for the control of vehicular traffic), for diagram 3000.1, substitute diagram 3000.1 shown in Schedule 2 to these regulations.
4
In Schedule 9 (light signals for pedestrians and animal crossings), for diagrams 4002.1, 4003 and 4003.1, substitute respectively diagrams 4002.1, 4003 and 4003.1 shown in Schedule 3 to these regulations.
5
In Schedule 12, in Part I (miscellaneous warning, informatory and regulatory signs for road works etc ), after diagram 7011.1, insert diagram 7011.2 shown in Schedule 4 to these regulations.
Savings
12
Any traffic sign —
a
which, immediately before the coming into force of these regulations, was —
i
prescribed by the 2002 regulations; and
ii
placed in compliance with the 2002 general directions; and
b
which ceases to be so prescribed on the date of coming into force of these regulations,
shall be treated as prescribed by the 2002 regulations for so long as it continues to comply with those regulations as in force immediately before the coming into force of these regulations.
13
Portable light signals which on the coming into force of the 2002 regulations were saved by regulation 3(3) of those regulations shall, notwithstanding any provision of these regulations, continue to be treated as prescribed by the 2002 regulations until that regulation 3(3) ceases to have effect.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
30th March 2011


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Amendment) Rules 2011 and shall come into force on the day that section 71 of the Legal Services Act 2007 comes into force.
Interpretation
2
In these rules “the principal rules” means the Land Registration Rules 2003 .
Amendment to rule 217 of the principal rules
3
For the definition of “conveyancer” in rule 217 of the principal rules substitute —
“conveyancer” has the meaning given by rule 217A,
.
New rule 217A
4
After rule 217 of the principal rules insert —
Definition of “conveyancer”
217A
1
Subject to paragraph (2), in these rules “conveyancer” means —
a
an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
b
an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
c
a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer.
2
For the purposes of a certificate given by a conveyancer under rule 62(2), 63(2), 183(2)(a), or Form LL in Schedule 4, “conveyancer” means —
a
an authorised person who is an individual and who is entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
b
an individual who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer,
and in either case, the conveyancer must sign in their own name and not that of their firm or employer.
3
For the purposes of this rule —
a
“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
b
“licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,
c
“manager” has the same meaning as in section 207 of the Legal Services Act 2007,
d
“regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,
e
“relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
f
“relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.
.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
2nd June 2011


text:
Citation and commencement
1
1
These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2011.
2
These Rules shall come into force —
a
for the purposes of rules 1, 2, 3, 4, 5 and 8, on 1st April 2011; and
b
for the purposes of rules 6 and 7, on 9th May 2011.
Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
2
1
The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 are amended as follows.
2
In rule 1(3) (interpretation) omit the definition of “General Regulatory Chamber”.
3
In rule 19(2) (transfer of cases to the Upper Tribunal), after “General Regulatory Chamber” insert “of the First-tier Tribunal”.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
3
1
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows.
2
In rule 1(3) (interpretation) —
a
in the definition of “childcare provider”, for “section 79A of the Children Act 1989” substitute “section 19 of the Children and Families (Wales) Measure 2010 ”;
b
omit the definition of “Health, Education and Social Care Chamber”;
c
after the definition of “document” insert —
“health service case” means a case under the National Health Service Act 2006 , the National Health Service (Wales) Act 2006 , regulations made under either of those Acts, or regulations having effect as if made under either of those Acts by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 ;
;
d
in sub-paragraph (a) of the definition of “respondent”, for “section 79K of the Children Act 1989” substitute “section 34 of the Children and Families (Wales) Measure 2010”;
e
in sub-paragraph (db) of the definition of “respondent”, for “application under the National Health Service Act 2006 or regulations having effect as if made under that Act by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006” substitute “health service case”;
f
in paragraph (db)(i) of the definition of “respondent”, after “Primary Care Trust” insert “or a Local Health Board”;
g
in paragraph (db)(ii) of the definition of “respondent”, after “Primary Care Trust” insert “or Local Health Board”.
3
In rule 13 (sending and delivery of documents) after paragraph (1) insert —
1A
If the Tribunal permits or directs documents to be provided to it by email, the requirement for a signature on applications or references under rules 20(2), 22(4)(a) or 32(1)(b) may be satisfied by a typed instead of a handwritten signature.
4
In rule 20 (the application notice) —
a
for paragraph (1) substitute —
1
If rule 19 (application for leave) does not apply, an applicant must start proceedings before the Tribunal by sending or delivering an application notice to the Tribunal so that, unless paragraph (1A) applies, it is received —
a
if the time for providing the application notice is specified in another enactment, in accordance with that enactment;
b
in a case under the Suspension Regulations, within 10 working days after written notice of the decision being challenged was sent to the applicant;
c
in a special educational needs case, within 2 months after written notice of the decision being challenged was sent to the applicant;
d
in a case listed in the Schedule, within 3 months after written notice of the decision being challenged was sent to the applicant;
e
in any other case, within 28 days after written notice of the decision being challenged was sent to the applicant.
;
b
after paragraph (1) insert —
1A
Where, in a health service case, the Tribunal has contingently removed a practitioner or performer from a list, an application may be made at any time if it is made under —
a
section 158(5)(a) of the National Health Service Act 2006;
b
section 114(5)(a) of the National Health Service (Wales) Act 2006;
c
regulation 15(6)(a) of the National Health Service (Performers Lists) Regulations 2004 ; or
d
regulation 15(6)(a) of the National Health Service (Performers Lists) (Wales) Regulations 2004 .
5
In rule 21 (the response), for sub-paragraphs (a) and (b) of paragraph (1) substitute —
a
in a case under the Suspension Regulations, within 3 working days after the respondent received the application notice;
b
in a health service case, within 21 days after the respondent received the application notice;
c
in a special educational needs case or a disability discrimination in schools case, within 30 working days after the respondent received the application notice;
d
in any other case, within 20 working days after the respondent received the application notice.
.
6
For the Schedule substitute —
SCHEDULE
Cases in which the time for providing the application notice is within 3 months after written notice of the decision being challenged was sent to the applicant
Rule 20(1)(d)
An appeal under section 65A of the Children Act 1989 (appeal against a refusal to give consent for a person who is disqualified from fostering a child privately to carry on, or be otherwise concerned in the management of, or have any financial interest in, or be employed in, a children’s home)
An appeal, an application for permission to appeal or an application for permission to have an issue determined under section 4 of the Protection of Children Act 1999 (appeal against inclusion of a person on the list of individuals who are considered unsuitable to work with children or a refusal to remove a person from the list)
An appeal under section 68 of the Care Standards Act 2000 against a refusal to register a person as a social worker under section 58 of that Act (grant or refusal of registration)
An appeal, an application for permission to appeal or an application for permission to have an issue determined under section 86 of the Care Standards Act 2000 (appeal against inclusion of a person on the list of individuals who are considered unsuitable to work with vulnerable adults or a refusal to remove a person from the list)
An appeal under section 74(1)(a) of the Childcare Act 2006 (appeal against a refusal of registration as a childcare provider)
An appeal under section 37(1)(a) of the Children and Families (Wales) Measure 2010 (appeal against a refusal of an application for registration for child minding or providing day care for children)
An appeal under regulation 12 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003 (appeal against a direction, or a refusal to revoke a direction, prohibiting or restricting a person from working in education or in a job which brings them regularly into contact with children).
.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
4
1
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 are amended as follows.
2
In rule 1(3) (interpretation) —
a
omit the definition of “Social Entitlement Chamber”;
b
in the definition of “social security and child support case”, after “Social Entitlement Chamber” insert “of the First-tier Tribunal”.
3
In rule 24(1) —
a
at the end of sub-paragraph (a), omit “and”;
b
after sub-paragraph (a) insert —
aa
in criminal injuries compensation cases, so that it is received within 42 days after the date on which the decision maker received the notice of appeal; and
.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
5
1
The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 are amended as follows.
2
In rule 1(3) (interpretation) omit the definition of “Tax Chamber”.
3
In rule 28(1) (transfer of Complex cases to the Upper Tribunal), after “Tax Chamber” insert “of the First-tier Tribunal”.
Amendments to the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008
6
1
The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 are amended as follows.
2
For rule 21(1) (notice of appeal) substitute —
21
1
An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received within 12 months after the date on which written notice of the decision being challenged was sent to the appellant.
3
For rule 21(4) substitute —
4
No appeal may be made more than 12 months after the end of the 12-month period provided for in paragraph (1).
4
In rule 21(6)(b) for “after the time specified in paragraph (1)” substitute “after the end of the 12-month period provided for in paragraph (1)”.
Transitional provisions applicable to appeals to the First-tier Tribunal War Pensions and Armed Forces Compensation Chamber
7
1
Subject to paragraph (2), the amendments made by rule 6 apply to a notice of appeal where written notice of the decision being challenged was sent to the appellant before 9th May 2011.
2
The amendments made by rule 6 do not apply to any appeal where written notice of the decision being challenged was sent to the appellant —
a
on or before 9 February 2011 in proceedings under section 5(1) of the Pensions Appeal Tribunals Act 1943; or
b
on or before 9 November 2010 in any other case.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
8
1
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
2
In rule 1(3)(d) (interpretation) in the definition of “financial services case” —
a
at the end of sub-paragraph (d) insert “or”;
b
after sub-paragraph (d) insert —
e
any determination, calculation or dispute which may be referred to the Upper Tribunal under the Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 (and in these Rules a decision in respect of which a reference has been made to the Upper Tribunal in a financial services case includes any such determination, calculation or, except for the purposes of rule 5(5), dispute relating to the making of payments under the Regulations).
3
In rule 29(3) (acknowledgement of service), after “may not take part in the application for permission” insert “unless allowed to do so by the Upper Tribunal”.
4
In rule 44(3B) (application for permission to appeal), in paragraph (i) of sub-paragraph (a) for “twelve days” substitute “twelve working days”.
We make these Rules,
Paul Walker
Simon Cox
Douglas J. May
Bronwyn McKenna
Michael Reed
Mark Rowland
Nicholas Warren
I allow these Rules
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
7th March 2011


text:
Citation and Commencement
1
These Regulations may be cited as the Export (Penalty) (Amendment) Regulations 2011 and come into force on 11th November 2011.
Amendment of the Export (Penalty) Regulations 2003
2
The Export (Penalty) Regulations 2003 are amended as follows.
3
In regulation 2, omit the definition of “the Act”.
4
In regulation 2, omit the definition of “the Commissioners”.
5
In regulations 4, 5, 6 and 7, for “the Commissioners”, substitute “ HMRC ”.
6
For the contents of the Schedule, substitute the following —
Column 1
Relevant Export Rule
Column 2
Description of Person liable
Column 3
Maximum Penalty
Article 161(2) of the Code With the exception of goods placed under the outward processing or transit procedure, all Community goods intended for export to be placed under the export procedure. The exporter. £1,000. Article 59(1) of the Code All goods intended to be placed under a customs procedure to be covered by a declaration for that procedure. The exporter. £1,000. Article 62 of the Code Declarations to:
be made on a form corresponding to the official specimen;
be signed and contain all the necessary particulars;
be accompanied by all the requisite documents.
The declarant. £2,500. Article 161(5) of the Code and Articles 789 and 790 of the Implementing Regulation Export declaration to be lodged at the customs office responsible for supervising:
the place where the exporter is established; or
the place where the sub-contractor is established (when so permitted by article 789);
when permitted by article 790, any competent office.
The declarant. £1,000. Article 182b of the Code and Articles 592b and 592f of the Implementing Regulation Customs declaration to:
contain at least the particulars necessary for the summary declaration referred to in Article 182d(1);
be lodged within the time-limits laid down in articles 592b and 592f of the Implementing Regulation.
The declarant. £1,000. Article 795 of the Implementing Regulation Where goods requiring an export declaration leave the customs territory of the Community without an export declaration, declaration to be lodged retrospectively at the customs office competent for the place where the exporter is established. The exporter. £1,000. Article 182c of the Code Where customs declaration not required for goods leaving the customs territory, summary declaration to be lodged at the customs office of exit before goods are brought out of the customs territory. The person who brings the goods out of the customs territory or who assumes responsibility for the carriage of the goods out of the customs territory. £1,000. Articles 253(6) and 253(7) of the Implementing Regulation A person authorised for the simplified or local clearance procedure must:
comply with the relevant conditions, meet the relevant criteria and comply with the relevant obligations;
inform the authorising authorities of all factors arising after authorisation has been granted which may influence its continuation or content.
The authorised person. £2,500. Article 793 of the Implementing Regulation , the Customs (Presentation of Goods for Export) Regulations 2003 and Article 183 of the Code Goods released for export to:
be presented to customs at the customs office of exit;
leave the customs territory using the route prescribed by the customs authorities (if any) and in accordance with the procedures laid down by those authorities.
The declarant. £2,500 The person who brings the goods out of the customs territory or who assumes responsibility for the carriage of the goods out of the customs territory. £2,500. Article 796d(1) of the Implementing Regulation A carrier may not load goods for carriage out of the customs territory unless the information referred to under point (a) has been provided to the carrier.
The carrier shall notify the exit of the goods to the customs office of exit by providing the information referred to under point (a) unless that information is available to the customs authorities through existing commercial, port or transport systems or processes.
The carrier. £2,500. Article 796d(4) of the Implementing Regulation Where goods declared for export are no longer destined to be brought out of the customs territory, the person who removes the goods from the customs office of exit for carriage to a place within that territory shall provide to the customs office of exit the information required under point (a) of Article 796d(1). The person who removes the goods from the customs office of exit for carriage to a place within the customs territory. £1,000. Article 798 of the Implementing Regulation Where goods which left the customs territory under cover of an ATA carnet are no longer intended to be reimported, an export declaration containing the particulars referred to in Annex 37 shall be presented to the customs office of export. The exporter. £1,000. Article 841a of the Implementing Regulation When re-exportation is not subject to a customs declaration, an exit summary declaration shall be lodged in accordance with Articles 842a to 842e or, where Article 841a(2) applies, a notification of re-exportation in the prescribed form. The person who brings the goods out of the customs territory or who assumes responsibility for the carriage of the goods out of the customs territory. £1,000. Article 14 of the Code and section 23 of the Finance Act 1994 To provide to the customs authorities, upon request and within the prescribed time-limits, such documents, information and assistance as are needed for the purposes of applying customs legislation or which, in the case of a customs trader, relate to that person’s business. The person of whom the request is made. £1,000. Article 16 of the Code and Regulations 3 to 5 and 9 of the Customs Traders (Accounts and Records Regulations) 1995 To keep the prescribed documents and records in the prescribed manner for the prescribed period. In a case falling within article 16 of the Code, any person involved in the operation concerned. £1,000. In the case of a customs trader, that customs trader. £1,000.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th October 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) Amendment Regulations 2011.
2
They come into force on 1st October 2011.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended as follows.
2
In regulation 23 (requirements for meeting the statutory standard) —
a
for paragraph (a), substitute —
a
must comply with any standards adopted or prepared, and from time to time revised, by the Board for Actuarial Standards which are relevant to the matters specified in section 12A(4) of the 1993 Act;
,
b
in paragraph (f), after “payment of a lump sum” insert “but may not have regard to any payment of a lump sum made as a result of the death of an earner”, and
c
after paragraph (g), add —
h
must not have regard to any discretionary benefits; and
i
must comply with the further requirements set out in Schedule 3.
.
3
After Schedule 2 (revocations), add as Schedule 3 the Schedule specified in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
18th May 2011