text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010.
2
Subject to paragraph (3), these Regulations come into force on 1st November 2010.
3
Regulations 2(8)(a) and (10), 3(8), 4(5)(a) and (7)(b) and 5(7) come into force on —
a
4th April 2011 in relation to any case where rent is payable at intervals of a week or any multiple of a week; and
b
1st April 2011 in relation to any other case.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “Housing Act functions” substitute —
“Housing Act functions” means functions under section 122 of the Housing Act 1996;
.
3
In regulation 21(3) (circumstances in which a person is to be treated as being or not being a member of the household) after “as a member of the claimant’s household” insert “, nor as occupying the claimant’s dwelling,”.
4
In regulation 83 (time and manner in which claims are to be made) for paragraph (12) substitute —
12
Where a claimant (“C”) —
a
makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and
b
from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),
the claim is to be treated as made on the date determined in accordance with paragraph (12A).
12A
That date is the latest of —
a
the first day from which C had continuous good cause;
b
the day 6 months before the date the claim was made;
c
the day 6 months before the date when C requested that the claim should include a past period.
.
5
In regulation 88(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute —
a
in writing; or
b
by telephone —
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 83 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
.
6
In regulation 90(2) (notification of decisions) after “signed by him,” insert “within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010)”.
7
In regulation 96(2) (circumstances in which payment may be made to a landlord) omit “by sending to the claimant an instrument of payment payable”.
8
In Schedule 3 (applicable amounts) —
a
in Part 2 (family premium) for paragraph 3(2) substitute —
2
The amounts specified in sub-paragraph (1)(a) and (b) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 .
; and
b
in Part 4 (amounts of premiums specified in Part 3), in paragraph 20(9) in Column 1 omit “where the conditions in paragraph 15 are satisfied”.
9
In Schedule 4 (sums to be disregarded in the calculation of earnings), in paragraph 17(3) for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.
10
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), in paragraph 25 —
a
in sub-paragraph (1) omit “to the extent specified in sub-paragraph (3)”; and
b
omit sub-paragraph (3).
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “Housing Act functions” substitute —
“Housing Act functions” means functions under section 122 of the Housing Act 1996 ;
.
3
In regulation 21(3) (circumstances in which a person is to be treated as being or not being a member of the household) after “as a member of the claimant’s household” insert “, nor as occupying the claimant’s dwelling,”.
4
In regulation 64 (time and manner in which claims are to be made) —
a
in paragraph (1) at the beginning insert “Subject to paragraph (1A),”; and
b
after paragraph (1) insert —
1A
In any case where paragraph (6)(a) applies, paragraph (1) does not entitle a claimant to claim housing benefit in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).
.
5
In regulation 69(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute —
a
in writing; or
b
by telephone —
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 64 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
.
6
In regulation 71(2) (notification of decisions) after “signed by him,” insert “within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010)”.
7
In regulation 77(2) (circumstances in which payment may be made to a landlord) omit “by sending to the claimant an instrument of payment payable”.
8
In Schedule 3 (applicable amounts), in Part 2 (family premium) for paragraph 3(2) substitute —
2
The amount specified in sub-paragraph (1) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002.
.
Amendment of the Council Tax Benefit Regulations 2006
4
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 69 (time and manner in which claims are to be made) for paragraph (14) substitute —
14
Where a claimant (“C”) —
a
makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and
b
from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),
the claim is to be treated as made on the date determined in accordance with paragraph (14A).
14A
That date is the latest of —
a
the first day from which C had continuous good cause;
b
the day 6 months before the date the claim was made;
c
the day 6 months before the date when C requested that the claim should include a past period.
.
3
In regulation 74(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute —
a
in writing; or
b
by telephone —
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 69 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
.
4
In regulation 76(2) (notification of decisions) after “notification of a decision may” insert “, within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010),”.
5
In Schedule 1 (applicable amounts) —
a
in Part 2 (family premium) for paragraph 3(2) substitute —
2
The amounts specified in sub-paragraph (1)(a) and (b) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002.
; and
b
in Part 4 (amounts of premiums specified in Part 3) in paragraph 20(9) in Column 1 omit “where the conditions in paragraph 15 are satisfied”.
6
In Schedule 3 (sums to be disregarded in the calculation of earnings), in paragraph 16(3) for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.
7
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
renumber as paragraph 48A the paragraph 8A inserted by regulation 8(6)(d) of the Social Security (Miscellaneous Amendments) ( No. 4) Regulations 2009 ; and
b
in paragraph 26 —
i
in sub-paragraph (1) omit “to the extent specified in sub-paragraph (3)”; and
ii
omit sub-paragraph (3).
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 11(3)(c) for “Adoption Agencies Regulations 1983” substitute “Adoption and Children Act 2002”.
3
In regulation 53 (time and manner in which claims are to be made) —
a
in paragraph (1ZA) at the beginning insert “Subject to paragraph (1ZB),”; and
b
after paragraph (1ZA) insert —
1ZB
In any case where paragraph (5)(a) applies, paragraph (1ZA) does not entitle a claimant to claim council tax benefit in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).
.
4
Omit regulation 56 (time for claiming council tax benefit).
5
In regulation 59(1) (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute —
a
in writing; or
b
by telephone —
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 53 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
.
6
In regulation 61(2) (notification of decisions) after “notification of a decision may” insert “, within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010),”.
7
In Schedule 1 (applicable amounts), in Part 2 (family premium) for paragraph 3(2) substitute —
2
The amount specified in sub-paragraph (1) shall be increased by £10.50 where the claimant or the claimant’s partner is in receipt of child tax credit and the family element includes the amount in regulation 7(3)(a) of the Child Tax Credit Regulations 2002.
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
6
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
In regulation 8(6) (date from which a decision superseding an earlier decision takes effect) for “regulation 68 of the Housing Benefit Regulations” substitute “regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 or 60 of the Housing Benefit (State Pension Credit) Regulations”.
3
In regulation 10 (notice of a decision against which an appeal lies) in paragraph (1)(b) after “he may” insert “, within one month of the date of notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010),”.
Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001
7
1
Regulation 4 of the Social Security (Notification of Change of Circumstances) Regulations 2001 (change affecting housing benefit or council tax benefit) is amended as follows.
2
For paragraph (1) substitute —
1
Subject to paragraphs (1A) to (1C), where the benefit affected by the change of circumstances is housing benefit or council tax benefit, notice must be given to the relevant authority at the designated office —
a
in writing; or
b
by telephone —
i
where the relevant authority has published a telephone number for that purpose or for the purposes of making a claim unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
.
3
After paragraph (1B) insert —
1C
Notice may be given to the appropriate DWP office by telephone where all the following conditions are met —
a
the claimant or the claimant’s partner is in receipt of income support or a jobseeker’s allowance;
b
the change of circumstances is that the claimant or the claimant’s partner starts employment;
c
as a result of the change, either entitlement to housing benefit or council tax benefit will end, or the amount of benefit will be reduced; and
d
a telephone number has been provided for that purpose.
.
4
In paragraph (2) after “In this regulation” insert ““appropriate DWP office”,”.
Amendment of the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007
8
1
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 are amended as follows.
2
In Part 1 of the Schedule (war disablement pensions), after paragraph 1(b)(ii) insert —
iia
the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 ;
.
3
In Part 2 of the Schedule (war widow’s pensions), after paragraph 2(b)(ii) insert —
iia
the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010;
.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th October 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) Order 2010 and shall come into force on 1 October 2010.
Applications to which this Order applies
2
1
This Order applies to any application to the registrar except an application delivered to the registrar —
a
in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or
b
under the provisions of any relevant notice given under Schedule 2 to the Land Registration Rules 2003 .
2
In this article “conveyancer” means —
a
a solicitor,
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 ,
c
a fellow of the Institute of Legal Executives,
d
a barrister,
e
a duly certificated notary public, or
f
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.
Designation of the proper office
3
1
The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in column 1 of the Schedule which is opposite an administrative area shown in column 2 of the Schedule in which the land to which that application relates is wholly or partly situated.
2
In the Schedule, reference to an office of the land registry does not include any sub-office of that office.
Revocation
4
The Land Registration (Proper Office) ( No. 2) Order 2009 is revoked.
Signed by the authority of the Lord Chancellor
Lord McNally
Minister of State
Ministry of Justice
19th June 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010.
2
In this Order —
“the 1988 Act ” means the Housing Act 1988 ,
“the 1996 Act ” means the Housing Act 1996 ,
“the 2008 Act ” means the Housing and Regeneration Act 2008,
“the 2008 Order ” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 ,
“the commencement date” means 1st April 2010,
“enactment” includes subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 ),
“English registered social landlord”, in relation to times, circumstances or purposes before the commencement date, means any person who, at the time in question —
is a registered social landlord within the meaning of Part 1 of the 1996 Act as it then has effect and does not fall within section 56(2) of that Act as it then has effect, or
has a corresponding registration under an earlier enactment,
“the HCA ” means the Homes and Communities Agency, and
“the TSA ” means the Regulator of Social Housing.
3
References in this Order to repeals include revocations.
Commencement of provisions: Parts 1 and 2
2
Subject to the transitional and saving provisions in the Schedule to this Order, the following provisions of the 2008 Act shall come into force on the commencement date —
Section 4 (general powers of HCA), so far as it is not already in force
Section 19 (financial assistance), so far as it is not already in force
Section 31 (duties in relation to social housing)
Sections 32 and 33 (social housing), so far as they are not already in force
Section 35 (recovery etc. of social housing assistance)
Section 56 and Schedule 8 (consequential amendments), so far as they are not already in force
Sections 57 and 58 (interpretation), so far as they are not already in force
Sections 60 to 63 (preliminary)
Section 64(3) (dissolution of Housing Corporation)
Section 67 (transitional arrangements), so far as it is not already in force
Sections 68 to 71 (social housing: basic principle and definitions), so far as they are not already in force
Sections 73 to 80 (social housing stock, and other key concepts relating to the regulator), so far as they are not already in force
Section 86 (fundamental objectives of the regulator), so far as it is not already in force
Section 94 (studies)
Section 95 (financial assistance) and sections 96 to 98 (powers of the regulator under Part 2), so far as they are not already in force
Section 106 (direction to the HCA)
Sections 107 to 109 (information)
Sections 110 and 111 (registration)
Section 112 (eligibility for registration), so far as it is not already in force
Section 113 (local authority non-registrable bodies), so far as it is not already in force
Section 115 (profit-making and non-profit organisations)
Section 116 (entry), so far as it is not already in force
Section 117 (fees), so far as it is not already in force
Section 118 (compulsory de-registration)
Section 119 (voluntary de-registration), so far as it is not already in force
Sections 120 and 121 (notice of, and appeals from, registration decisions)
Sections 122 to 126 (general provisions relating to registered providers)
Section 127 (directions), so far as it is not already in force
Sections 128 to 130 (accounts)
Section 131 (exempt companies: reporting accountant), so far as it is not already in force
Section 132 (application of Companies Act)
Section 133 (exempt companies: extraordinary audit)
Section 134 (non-audited industrial and provident societies)
Sections 135 to 140 (audit of charities etc.)
Sections 141 and 142 (offences etc.)
Section 143 (disclosure)
Sections 144 and 145 (insolvency), so far as they are not already in force
Sections 146 to 159 (insolvency)
Sections 160 to 169 (restructuring and dissolution)
Sections 170 to 173 (disposal of property)
Section 174 (procedure), so far as it is not already in force
Sections 175 to 191 (disposal of property)
Section 198 (supplemental), so far as it is not already in force
Sections 199 to 201 (surveys and inspections)
Section 202 (inspections: supplemental), so far as it is not already in force
Sections 203 to 210 (monitoring)
Section 211 (management and constitution)
Section 212 (industrial and provident society: change of rules), so far as it is not already in force
Section 213 (charities: change of objects)
Section 214 (companies: change of articles), so far as it is not already in force
Section 215 (use of intervention powers), so far as it is not already in force
Section 217 (accreditation)
Section 218 (exercise of enforcement powers)
Sections 219 to 227 (enforcement powers: enforcement notices)
Section 228 (enforcement notices: imposition), so far as it is not already in force
Sections 229 to 233 (enforcement powers: penalty notices)
Section 234 (penalty notices: enforcement), so far as it is not already in force
Section 235 (penalty notices: appeal)
Sections 236 to 239 (enforcement powers: compensation notices)
Section 240 (Compensation notices: award), so far as it is not already in force
Sections 241 to 243 (enforcement powers: compensation notices)
Section 244 (compensation notices: enforcement), so far as it is not already in force
Section 245 (compensation notices: appeal)
Sections 246 to 269 (management)
Sections 270 to 274 (Part 2: general)
Sections 275 and 276 (interpretation etc. of Part 2), so far as they are not already in force
Section 277 (consequential amendments) and Schedule 9, so far as they are not already in force
Section 278 (transitional).
Repeals
3
Subject to the transitional and saving provisions in the Schedule to this Order, section 321(1) of, and Schedule 16 (repeals and revocations) to, the 2008 Act shall come into force on the commencement date so far as they relate to the repeals of the following.
Title Repeal
Housing Associations Act 1985 (c.69) In section 10(2), paragraph (e) and the word “or” before it.
Section 33A.
Housing Act 1988 (c.50) In the italic heading before section 50, the words “: functions of Relevant Authority”.
Sections 50 and 51.
Section 81(6).
Section 133(6).
In Schedule 6, paragraphs 7(3) and 24.
Local Government and Housing Act 1989 (c.42) Section 173(6). Housing Act 1996 (c.52) Section 1(1A) and (1B).
Section 28(1), (2), (5) and (6).
Section 56.
In Schedule 2, in paragraph 11(4) —
the words “or the Housing Corporation”,
the words “or, as the case may be, the Housing Corporation”.
Housing Act 1996 (Consequential Provisions) Order 1996 ( S.I. 1996/2325 ) In Schedule 2, paragraphs 15(19), 18(4) to (7), (10)(a) and (12)(a), and 19(7)(a). Housing Act 1996 (Consequential Amendments) Order 1997 ( S.I. 1997/74 ) In the Schedule, paragraph 9(c). Audit Commission Act 1998 (c.18) Sections 41 to 41B and 43.
In Schedule 1, paragraphs 8(2)(c) and (ca), and 8A.
In Schedule 2A, in paragraph 3 —
paragraph (a) of the definition of “Audit Commission inspection”,
paragraph (e) of the definition of “national studies functions”.
Government of Wales Act 1998 (c.38) In Schedule 16, paragraphs 24 to 26, 61(1), 64, 65, 68(a), 83(3), 94 and 97(3). Local Government Act 2003 (c.26) Section 109. Public Audit (Wales) Act 2004 (c.23) In Schedule 2, paragraphs 27 to 30 and 37. Charities Act 2006 (c.50) In Schedule 8, paragraph 190. Local Government and Public Involvement in Health Act 2007 (c.28) Section 155(2) and (5). Housing and Regeneration Act 2008 (c.17) Section 53(2).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
17th March 2010


text:
Title and commencement
1
These Regulations —
a
may be cited as the Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2010;
b
come into force on the day after the day on which they are made.
Amendments to the Mutilations (Permitted Procedures) (England) Regulations 2007
2
1
The Mutilations (Permitted Procedures) (England) Regulations 2007 are amended as follows.
2
In regulation 2 (interpretation), after the definition of “cattle”, insert —
“conventionally reared meat chicken” means an animal of the species Gallus gallus that is kept for meat production, other than one —
a
that is on a holding with fewer than 500 such animals or with only breeding stocks of such animals;
b
in relation to which the term “Extensive indoor (barn reared)”, “Free range”, “Traditional free range” or “Free range – total freedom” can be used within the meaning of point (b), (c), (d) or (e) of Annex V to Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat ;
c
that is organically reared in accordance with Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 ;
.
3
In Schedule 4 (Birds: Requirements When Carrying Out Certain Permitted Procedures) —
a
for paragraph A1 (all procedures in the section on birds in Schedule 1), substitute —
All procedures in the section on birds in Schedule 1
A1
None of the procedures listed in the section on birds in Schedule 1, apart from beak trimming (see paragraph 5), may be performed on–
1
conventionally reared meat chickens; or
2
a laying hen, or a chick that is intended to become a laying hen, which is kept on an establishment with 350 or more such birds.
b
for Paragraph 5 (beak trimming of poultry), substitute —
Beak trimming of poultry
5
1
For all poultry, the beak trimming procedure must be performed using a suitable instrument.
2
For all poultry, any subsequent haemorrhage from the beak must be arrested by cauterisation.
3
For all poultry the procedure must be performed on–
a
both the upper and lower beaks, with not more than one third of each removed, or
b
the upper beak only, with not more than one third removed.
4
For laying hens and chicks that are intended to become laying hens, which are kept on establishments with 350 or more such birds, beak trimming–
a
may only be performed in order to prevent feather pecking or cannibalism;
b
may only be carried out using infra-red technology;
c
may not be performed on birds which are aged 10 days or over; and
d
must be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure.
5
Sub-paragraphs (4)(b) and (c) do not apply where the procedure is carried out in an emergency in order to control an outbreak of feather pecking or cannibalism.
6
For conventionally reared meat chickens the procedure —
a
may only be performed in order to prevent feather pecking and cannibalism;
b
may not be performed on birds which are aged 10 days or over;
c
must be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure; and
d
must only be carried out following a consultation and on the advice of a veterinarian.
.
Henley
Parliamentary Under-Secretary
Department for Environment, Food and Rural Affairs
22nd December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Maternity Grant Amendment Regulations 2010 and shall come into force on 13th December 2010.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
2
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 are amended as follows.
2
In regulation 3(1)(interpretation) —
a
in the definition of “confinement”, for “issue” in both places substitute “birth”;
b
insert in the appropriate places the following definitions —
“adoption agency” has the meaning given in section 2 of the Adoption and Children Act 2002 ;
;
“adoption order” means an order made under section 46 of the Adoption and Children Act 2002;
;
“guardian” means a person appointed as a guardian or special guardian under section 5 or 14A of the Children Act 1989 ;
;
“parental order” means an order made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008 ;
;
“placed for adoption” has the meaning given in section 18 of the Adoption and Children Act 2002;
;
“qualifying order” has the meaning given in regulation 3A(6);
;
“residence order” means a residence order as defined in section 8, and made under section 10, of the Children Act 1989;
.
3
After regulation 3(1) insert —
1A
References in these Regulations to —
a
section 5, 8, 10 or 14A of the Children Act 1989,
b
section 2, 18, 46 or 66 of the Adoption and Children Act 2002,
are to be construed as including a reference to a provision (if any) in legislation which has equivalent effect in Scotland, Northern Ireland, the Channel Islands or the Isle of Man.
.
4
For regulation 4 (provision against double payment) substitute —
Provision against double payment: Sure Start Maternity Grants
3A
1
In this regulation —
a
“C” is the child in respect of whom a Sure Start Maternity Grant has been claimed;
b
“first grant” is a first Sure Start Maternity Grant in respect of C;
c
“second grant” is a second Sure Start Maternity Grant in respect of C.
2
Subject to paragraph (3), a second grant may not be awarded if a first grant has been awarded.
3
A second grant may be awarded to a person (“P”) if the following conditions are satisfied.
4
The first condition is that P —
a
alone, or together with another person, has been granted a qualifying order; or
b
falls within regulation 5(3)(b), (d), (e) or (f).
5
The second condition is that P —
a
has not already received a first grant; or
b
was not, at the time a first grant was claimed, a member of the family of a person to whom a first grant has been paid.
6
A qualifying order is one of the following types of order —
a
an adoption order;
b
a parental order;
c
a residence order.
Provision against double payment: funeral payments
4
1
Subject to paragraph (2), no funeral payment shall be made under these Regulations if such a payment has already been made in respect of any funeral expenses arising from the death of the same person.
2
A further funeral payment may be made in respect of any funeral expenses arising from the death of a person in respect of which such a payment has already been made where —
a
the decision pursuant to which the funeral payment was awarded has been revised; and
b
the further amount of the award as revised, together with the amount of the funeral payment already paid in respect of the death of that person, does not exceed the amount of any funeral payment which may be awarded pursuant to regulation 9.
.
5
For regulation 5 (entitlement) substitute —
Entitlement
5
1
Subject to regulation 6, a payment of £500 to meet maternity expenses (referred to in these Regulations as a “Sure Start Maternity Grant”) shall be made in respect of a child or still-born child where the following conditions are satisfied.
2
The first condition is that the claimant or the claimant’s partner has, in respect of the date of the claim for a Sure Start Maternity Grant, been awarded —
a
income support;
b
state pension credit;
c
an income-based jobseeker’s allowance;
d
working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in the award;
e
child tax credit payable at a rate higher than the family element; or
f
an income-related employment and support allowance.
3
The second condition is that —
a
the claimant or, if the claimant is a member of a family, one of the family is pregnant or has given birth to a child or a still-born child;
b
the claimant is the parent (but not the mother) of a child not exceeding the age of twelve months at the date of the claim and is responsible for the child and the child’s parents are not partners at the date of the claim;
c
the claimant or the claimant’s partner —
i
has been granted a qualifying order in respect of a child who does not exceed the age of twelve months at the date of the claim, and
ii
is responsible for the child;
d
the claimant or the claimant’s partner —
i
has been appointed the guardian of a child who does not exceed the age of twelve months at the date of the claim, and
ii
is responsible for the child;
e
a child who does not exceed the age of twelve months at the date of the claim has been placed for adoption with the claimant or the claimant’s partner by an adoption agency and the claimant or the claimant’s partner is responsible for the child; or
f
the claimant or the claimant’s partner has adopted a child who does not exceed the age of twelve months at the date of the claim and that adoption falls within section 66(1)(c) to (e) of the Adoption and Children Act 2002 (meaning of adoption).
4
The third condition is that the claimant or the claimant’s partner has received advice from a health professional —
a
on health and welfare matters relating to the child (but this requirement does not apply where the claim is made after the birth of a still-born child); and
b
where the claim is made before the child is born, on health and welfare matters relating to maternal health.
5
The fourth condition is that the claim is made within the prescribed time for claiming a Sure Start Maternity Grant.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
Schedule 4 to the Social Security (Claims and Payments) Regulations 1987 (prescribed times for claiming benefit) is amended as follows.
2
For the entry in column (2) of paragraph 8, substitute the following entry —
a
In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations ”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after the actual date of confinement.
b
In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date of confinement and ending 3 months after that date.
c
In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 3 months after that date.
d
In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 3 months after that date.
e
In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 3 months after that date.
f
In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption —
i
takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or
ii
is recognised under section 66(1)(e),
of the Adoption and Children Act 2002, and ending 3 months after that date.
.
3
In the definition of “actual date of confinement”, for “issue”, both times it occurs, substitute “birth”.
4
In the definition of “confinement” —
a
for “28” substitute “24”; and
b
for “issue”, both times it occurs, substitute “birth”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
15th November 2010


text:
1
This Order may be cited as the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010 and shall come into force on 6th April 2010.
2
The code of practice entitled “Covert Human Intelligence Sources”, laid before each House of Parliament in draft on 21st January 2010, relating to the conduct and the use of covert human intelligence sources under Part 2 of the Regulation of Investigatory Powers Act 2000, shall come into force on 6thApril 2010.
David Hanson
Minister of State
Home Office
25th February 2010


text:
1
This Order may be cited as the Qualifications and Curriculum Development Agency’s Remit Order 2010 and comes into force on 1st April 2010.
2
For the purposes of Part 8 of the Apprenticeships, Skills, Children and Learning Act 2009, qualifications when taken by a person aged 19 or over are outside the Qualifications and Curriculum Development Agency’s remit.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
28th February 2010


text:
The Secretary of State makes the following Regulations —
a
after consultation in accordance with section 93(2) of the Environment Act 1995;
b
having regard to the matters specified in section 93(6), as required by section 93(5) of that Act (subject to the modifications required through the exercise of the powers in section 93(4)); and
c
in accordance with the duty in section 93(7) of that Act.
Citation and commencement
1
These Regulations —
a
may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010; and
b
come into force on the day after the day on which they are made.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
2
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended in accordance with regulations 3 to 22.
Amendment of regulation 2 (interpretation and notices)
3
In regulation 2(2) —
a
for the definition of “approved person”, substitute —
“approved person” means the person for the time being approved under regulation 34 for the purpose of —
issuing certificates of compliance under regulation 21 and signing the form referred to in regulation 7(4)(c) or (ca) or 19(2)(b) in relation to a particular producer; or
signing the form referred to in regulation 14(3)(c) and the statement referred to in regulation 22(4) in relation to a particular operator of a scheme;
;
b
for the definition of “financial year”, substitute —
“financial year” in relation to a person —
where the person is a company is determined as provided in section 390(1) to (3) of the Companies Act 2006 ; and
in any other case has the meaning given in section 390(4) of the Companies Act 2006, but as if the reference there to an undertaking were a reference to that person;
;
c
after the definition of “financial year”, insert —
“marine installation” means any artificial island, installation or structure at sea, other than a vessel;
;
d
for the definition of “SIC code”, substitute —
“SIC code” means a code included in “Indexes to the UK Standard Industrial Classification of Economic Activities 2007” published by the Office for National Statistics in 2009 ;
;
e
in the definition of “small producer” —
i
omit “who satisfies the threshold tests in paragraph 3 of Schedule 1 but”; and
ii
for “section 242 of the Companies Act 1985”, substitute “section 441 of the Companies Act 2006 ”; and
f
for the definition of “turnover”, substitute —
“turnover” means, in relation to a person, their turnover as defined in section 539 of the Companies Act 2006 but as if the references to a company were references to that person;
.
Amendment of regulation 5 (producers and scheme membership)
4
1
Regulation 5 is renumbered as paragraph (1) of that regulation.
2
After that paragraph, insert —
2
A producer shall not be a member of a registered scheme for the purposes of these Regulations if they fail to —
a
provide any information the scheme requests for the purposes of meeting its producer responsibility obligations within a reasonable period of receiving such a request; or
b
pay any fee required for membership of the scheme.
.
Amendment of regulation 7 (application for producer registration)
5
In regulation 7 —
a
in paragraph (4) —
i
for sub-paragraph (c), substitute —
c
be accompanied by the following further information, on a form supplied for that purpose by the appropriate Agency and signed by the approved person, in relation to the relevant year —
i
each class of producer to which the applicant belongs;
ii
if they belong to more than one class of producer, which of those classes constitutes their main activity as a producer; and
iii
the relevant SIC code for the class of producer to which the applicant belongs or, as the case may be, for the applicant’s main activity;
ca
other than in the case of a small producer who has elected to follow the allocation method under sub-paragraph (d) and, subject to paragraph (9), be accompanied by the following further information, on a form supplied for that purpose by the appropriate Agency and signed by the approved person, in relation to the relevant year —
i
in relation to each class of producer —
aa
the amount of packaging waste which they are required to recover by virtue of paragraph 3(1) of Schedule 2 and of this the proportion which is to be recovered by recycling by virtue of paragraph 3(2) of Schedule 2;
bb
the amount of packaging waste which they are required to recycle for each kind of recyclable material by virtue of paragraph 3(3) of Schedule 2;
ii
the basis on which the amounts referred to in paragraph (i) were calculated; and
iii
such other information, which is specified on the form, as the appropriate Agency reasonably requires in order to determine the application;
;
ii
omit sub-paragraph (e);
b
in paragraph (6) —
i
for sub-paragraph (a)(i), substitute —
i
paragraphs (4)(a) and (b) and (11);
;
ii
in sub-paragraph (a)(ii), after “(4)(c),”, insert “(ca),”;
iii
in sub-paragraph (b), after “(4)(c)”, insert “or (ca)”;
c
in paragraph (9), after “(4)(c)”, insert “ or (ca)”; and
d
after paragraph (10), insert —
11
A producer making an application for registration shall pay the fee required in regulation 9 to the appropriate Agency on or before the relevant date.
.
Amendment of regulation 8 (conditions of registration of a producer)
6
In regulation 8(c)(iii), after “7(4)(c),”, insert “or (ca),”.
Amendment of regulation 9 (forms and fees for producer registration)
7
In regulation 9(1), after “7(4)(c)”, insert “or (ca)”.
Amendment of regulation 13 (application for approval of a scheme)
8
In regulation 13(5)(c), omit “, together with copies of the PRNs or PERNs or both”.
Amendment of regulation 14 (application for registration of a scheme)
9
In regulation 14 —
a
in paragraph (1), for “7th April”, substitute “15th April”;
b
in paragraph (3)(c) —
i
omit “subject to paragraph (6) below,”;
ii
after “by the appropriate Agency”, insert “and signed in accordance with the requirement in paragraph (3A)”;
iii
at the end of paragraph (i), add “and each class of producer to which each producer belongs”;
iv
in paragraph (iv), for “paragraphs (4)(c)(iv) and (v)”, substitute “paragraph (4)(ca)(i) and (ii)”;
c
in paragraph (3)(e), at the beginning, insert “except where a scheme is registered in respect of the previous year,”;
d
for paragraph (3)(f), substitute —
f
be accompanied —
i
on a first application for registration, by an operational plan for the scheme complying with Part 3 of Schedule 3; and
ii
on any subsequent application, by a revised version of that plan unless it has already been provided pursuant to regulation 15(g);
;
e
after paragraph (3), insert —
3A
The requirement mentioned in paragraph (3)(c) is that the form be signed by —
a
the approved person; or
b
in the case of a scheme that has not already been registered, anyone who is eligible to be an approved person under regulation 34(2) .
;
f
in paragraph (4), for sub-paragraphs (c) and (d), substitute —
c
the appropriate Agency is satisfied as to the contents of the operational plan provided as required by paragraph (3)(f);
d
the scheme has been approved by the appropriate authority; and
e
the scheme was either registered in the previous year or the scheme was approved by the appropriate authority no earlier than in the year previous to that in which the application for registration is made,
;
g
omit paragraph (6); and
h
after paragraph (7), insert —
8
Where an application for registration is refused on the grounds of failure to meet the requirements of paragraph (4)(e), the operator must make a new application for approval of the scheme in accordance with regulation 13 before making an application for registration of the scheme under this regulation.
.
Amendment of regulation 22 (schemes — records and returns)
10
In regulation 22(4), after “statement”, insert “signed by the approved person”.
Insertion of regulation 22A
11
After regulation 22, insert —
Notification of winding-up, receivership, administration, etc.
22A
1
This regulation applies to —
a
the operator of a scheme;
b
a producer; or
c
a reprocessor or an exporter accredited in accordance with Part 5 (accreditation of reprocessors and exporters).
2
A company or limited liability partnership to which this regulation applies shall inform the appropriate Agency as soon as is practicable upon becoming aware that one or more relevant circumstances apply or are about to apply to them.
3
The operator of a scheme must inform the appropriate Agency as soon as is practicable upon becoming aware that one or more relevant circumstances apply or are about to apply to the scheme it operates.
4
For the purposes of this regulation “relevant circumstances” are —
a
a winding-up order has been made or a resolution for voluntary winding-up has been passed;
b
a determination for a voluntary winding-up has been made;
c
a receiver or a manager of the company or limited liability partnership’s undertaking has been duly appointed;
d
its undertaking has entered administration;
e
a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 has been approved under that Part of the Act.
.
Amendment of regulation 24 (application for accreditation)
12
In regulation 24 —
a
for paragraph (1)(c), substitute —
c
accompanied by a business plan containing information on how the funds acquired from the issue of PRNs or PERNs are to be applied including information in respect of the following matters —
i
investment in infrastructure and the development of capacity for the collection, sorting, treatment and reprocessing of packaging waste;
ii
funding provided to other persons involved in the collection of packaging waste;
iii
reductions in the prices of, and the development of new markets for, materials or goods made from recycled packaging waste;
iv
the costs of complying with obligations in these Regulations;
v
funds retained for future investment;
vi
the development of a communications strategy for consumers of packaging made from recyclable materials; and
;
b
at the end of paragraph (6), add “within 28 days of the breach”; and
c
for paragraph (7), substitute —
7
An application to extend the accreditation of an exporter to include a further reprocessing site or sites to which they want to export packaging waste for reprocessing shall be made to the appropriate Agency on the form specified in paragraph (1) and be accompanied by a fee of —
a
£85 for the first form submitted as part of the application; and
b
£35 for each additional form submitted as part of the application.
.
Amendment of regulation 33 (public register)
13
In regulation 33(4), omit “and shall note the date on which the amendment is made”.
Amendment of regulation 34 (approval of persons to issue certificates of compliance)
14
For regulation 34, substitute —
Approved persons
34
1
The appropriate Agency may approve a person listed in paragraph (2) for the purposes of —
a
in relation to a producer, issuing certificates of compliance and signing the form referred to in regulation 7(4)(c) or (ca) or 19(2) (as the case may be);
b
in relation to the operator of a scheme, signing the form referred to in regulation 14(3)(c) or the statement referred to in regulation 22(4).
2
A person listed is, where the relevant person —
a
is an individual, that individual;
b
is a partnership, a partner;
c
is a company registered in Great Britain, a director or company secretary of that company;
d
is an unincorporated body, an individual who has control or management of that body; or
e
does not have a registered office in Great Britain, an individual who has control or management of the relevant person.
3
For the purposes of paragraph (2), the “relevant person” means a producer or the operator of a scheme (as the case may be).
.
Amendment of regulation 36 (collation and provision of information)
15
In regulation 36 —
a
in paragraph (2), after “7(4)(c)”, insert “and (ca)”; and
b
in paragraph (4), for “31st January”, substitute “28th February”.
Amendment of Schedule 1 (producers)
16
1
Schedule 1 is amended as follows.
2
In paragraph 1(2), omit “at the same time, and”.
3
In paragraph 4 —
a
in sub-paragraph (1), for “section 242 of the Companies Act 1985”, substitute “section 441 of the Companies Act 2006 ”; and
b
at the end of sub-paragraph (2)(b)(iii), add “(with the exception of any packaging or packaging materials exported from the United Kingdom to a marine installation)”.
Amendment of Schedule 2 (recovery and recycling obligations)
17
1
Schedule 2 is amended as follows.
2
In paragraph 3(1), for the definition of “P”, substitute —
“P” is the amount of packaging and packaging materials handled in Great Britain by the producer in the preceding year, calculated to the nearest tonne by —
taking into account packaging, including reused transit packaging, or packaging materials, which were imported into the United Kingdom by the producer; and
excluding —
reused sales packaging or primary packaging as defined in paragraph 1(a) of Article 3 of the Packaging Waste Directive;
production residues from the production of packaging or packaging materials or from any other production process occurring before, during or after the producer handled the packaging or packaging materials;
any packaging or packaging materials so supplied which were exported from the United Kingdom by the producer or which to the producer’s reasonable knowledge were otherwise exported from the United Kingdom (except to a marine installation); and
reused transit packaging (except reused transit packaging imported into the United Kingdom);
.
3
For paragraph 3(2), substitute —
2
The proportion of the packaging waste referred to in sub-paragraph (1) which is to be recovered by recycling, in relation to a class of producer to which the producer belongs in the years 2010 to 2012 is not less than 92% of the amount by tonnage of packaging waste represented by “Z” in sub-paragraph (1).
.
4
For paragraph 5, substitute —
5
The recovery target “X” for the years 2010 to 2012 is 74%.
.
5
For Table 2 in paragraph 6, substitute —
Table 2: Recycling targets
Material 2010 2011 2012
Glass 81 81 81 Aluminium 40 40 40 Steel 69 71 71 Paper/Board 69.5 69.5 69.5 Plastic 29 32 32 Wood 22 22 22
6
For paragraph 8, substitute —
8
The recycling allocation “B” for the years 2010 to 2012 is 29.
.
Amendment of Schedule 3 (information)
18
In Schedule 3, paragraph 12(h), for “15(f)”, substitute “12(1)”.
Amendment of Schedule 5 (conditions of accreditation)
19
1
Schedule 5 is amended as follows.
2
In paragraph 1 —
a
in sub-paragraph (g), for “15th February”, substitute “28th February”;
b
omit sub-paragraphs (h), (j) and (l);
c
for sub-paragraph (o), substitute —
o
a report shall be provided to the appropriate Agency before 28th February in each year which —
i
sets out all the information provided in the quarterly reports which relate to the whole of the previous year;
ii
sets out the amount of revenue received in the previous year from the sale of PRNs and PERNs;
iii
sets out what that amount has been spent on, including information on the matters set out in paragraphs (i) to (vi) of regulation 24(1)(c);
iv
accounts for the whole of that amount;
v
sets out and explains any deviation during the previous year from the business plan referred to in regulation 24(1)(c);
vi
is in the form prescribed by the appropriate Agency for this purpose;
;
d
omit sub-paragraph (p);
e
for sub-paragraph (r), substitute —
r
a PERN may only be issued in respect of packaging waste that is exported in accordance with —
i
Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste ; and
ii
Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply ;
s
where applicable, a reprocessor or exporter must comply with regulation 24(6)
.
3
In paragraph 2 —
a
after sub-paragraph (b), omit “; and”; and
b
omit sub-paragraph (c).
Amendment of Schedule 7 (public register)
20
In Schedule 7, paragraph 2(h), for “paragraphs 1(n), 1(o) and where required 1(p)”, substitute “paragraph 1(n) and (o)”.
Amendment of Schedule 8 (groups of companies)
21
In Schedule 8 —
a
in paragraph 3, for “section 736(1) of the Companies Act 1985”, substitute “section 1159 of the Companies Act 2006”; and
b
in paragraph 5(b)(iii), for “regulations 7(4)(e) and 9(2)”, substitute “regulation 9(2)”.
Amendment of Schedule 10 (mid-year changes)
22
In Schedule 10, paragraph 19(b), omit “and for this purpose the requirement in regulation 7(4)(e) shall not apply”.
Revocation
23
The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 are revoked.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th November 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 4) Regulations 2010 and come into force on 1st January 2011.
2
Regulations 3 and 4 have effect in relation to supplies made on or after 1st January 2011.
3
Regulations 8, 11 and 13(g) have effect in relation to input tax incurred by a taxable person on goods imported or acquired by, or goods or services supplied to, that taxable person on or after 1st January 2011.
4
Regulation 9 has effect in relation to any person registering for VAT on or after 1st January 2011.
5
Regulation 12 has effect in relation to any capital item where the first interval of its adjustment period (as determined under the law prior to regulations 5 to 15 coming into force) has not started before 1st January 2011.
Amendment of the Value Added Tax Regulations 1995
2
The Value Added Tax Regulations 1995 are amended as follows.
Water, gas or any form of power, heat, refrigeration or ventilation
3
In regulation 86 (supplies of water, gas or any form of power, heat, refrigeration or ventilation) —
a
in paragraph (1)(d) after “refrigeration” insert “or other cooling,”,
b
in the heading after “refrigeration” insert “or other cooling,”.
4
In the heading to regulation 87 after “refrigeration” insert “or other cooling,”.
Input tax and partial exemption
5
In regulation 99 (interpretation of Part XIV and longer periods) after paragraph (1) insert —
1A
In this Part “non-business VAT” has the meaning given in section 24(5)(b) of the Act .
.
6
After regulation 102 (use of other methods), insert —
102ZA
1
A taxable person who is required to make an apportionment under section 24(5) of the Act in relation to goods or services which are used or are to be used partly for business purposes and partly for other purposes may effect that apportionment using a method provided for in regulation 102(1).
2
Where the taxable person referred to in paragraph (1) is not a fully taxable person, the method used shall be the only method used to calculate that person’s deductible input tax.
3
Where a person who was a fully taxable person at the time when the method was approved subsequently incurs exempt input tax, regulation 102B shall apply from the date on which that person first incurs such exempt input tax.
4
Where a person effects the apportionment referred to in paragraph (1) using a method provided for in regulation 102(1) —
a
regulations 102(1A) to (17) and 102A to 102C shall apply;
b
regulations 105A, 106 and 106ZA shall not apply; and
c
for the purposes of defining a longer period and determining an adjustment of attribution under regulation 107, “exempt input tax” shall include non-business VAT.
5
In this regulation, a fully taxable person is a person who, disregarding paragraph (4)(c), has not incurred any exempt input tax in that person’s current or immediately preceding (if any) tax year or registration period.
.
7
In regulation 107 (adjustment of attribution) in paragraph (1)(e) between “shall” and “apply” insert “, except where a taxable person is using a method provided for in regulation 102(1) to make the apportionment referred to in regulation 102ZA(1),”.
8
In regulation 110, after paragraph (4) insert —
5
In regulations 108 and 109 a reference to —
a
“exempt supplies” includes a reference to non-business activities that give rise to an amount of non-business VAT;
b
a method which a taxable person is required to use includes a reference to an apportionment which a taxable person is required to make under section 24(5) of the Act.
.
9
In regulation 111 (exceptional claims for VAT relief) —
a
delete “or” at the end of paragraph (2)(c); and
b
after paragraph (2)(d) insert “or (e) in respect of capital items of a description falling within regulation 113.”.
Adjustments to the deduction of input tax on capital items
10
In regulation 112 (interpretation of Part XV) —
a
in paragraph (2), after “a person” insert “who has or acquires an interest in the item in question”;
b
after paragraph (2) insert —
3
In this regulation and in regulation 114, an interest includes an interest which is treated as being supplied to a person under paragraph 37(3) of Schedule 10 to the Act provided that the numerator of the fraction in paragraph 37(5) of that Schedule is 3 or more.
4
The reference to “owner” in paragraph (2) shall be taken to refer to —
a
subject to sub-paragraph (b), the transferee where the whole or part of a capital item is transferred from one person to another and that transfer is not treated as a supply for the purposes of VAT; and
b
the representative member of a group under section 43 of the Act if the capital item is owned by a member of the group.
5
Where the owner is a transferee or representative member, that person shall be treated as having done everything that the transferor or group member (as may be the case) has done in respect of the capital item.
.
11
For regulation 113 (capital items to which this Part applies) substitute —
113
1
The capital items to which this Part applies are any of the items specified in paragraph (2) on or in relation to which the owner incurs VAT bearing capital expenditure of a type specified in paragraph (3), the value of which is not less than that specified in paragraph (4).
2
The items are —
a
land;
b
a building or part of a building;
c
a civil engineering work or part of a civil engineering work;
d
a computer or an item of computer equipment;
e
an aircraft;
f
a ship, boat or other vessel.
3
The expenditure —
a
in the case of an item falling within paragraph (2)(a) or (d), is the expenditure relating to its acquisition;
b
in the case of an item falling within paragraph (2)(b), (c), (e) or (f), is the expenditure relating to its —
i
acquisition,
ii
construction (including where appropriate manufacture),
iii
refurbishment,
iv
fitting out,
v
alteration, or
vi
extension (including the construction of an annex).
4
The value for the purposes of paragraph (3) is —
a
not less than £250,000 where the item falls within paragraph (2)(a), (b) or (c);
b
not less than £50,000 where the item falls within paragraph (2)(d), (e) or (f).
.
12
In regulation 114 (period of adjustment) for paragraphs (3) and (4) substitute —
3
Subject to paragraphs (3A) and (3B), the period of adjustment is —
a
10 successive intervals in the case of a capital item of a description falling within regulation 113(2)(a) to (c);
b
5 successive intervals in the case of a capital item of a description falling within regulation 113(2)(d) to (f),
determined in accordance with paragraphs (4) to (5B) and (7).
3A
If, at the time of the owner’s first use, the number of intervals specified in paragraph (3)(a) or (b) (as may be the case) exceeds the number of complete years that the owner’s interest in the capital item has to run by more than one, the number of intervals shall be reduced to one more than the number of complete years that the owner’s interest has to run calculated from the date of the owner’s first use of the item (but not to less than three intervals).
3B
Where the owner’s interest falls within regulation 112(3), the number of intervals shall be the same as the numerator of the fraction in paragraph 37(5) of Schedule 10 to the Act.
3C
Where paragraph (3A) or (3B) applies, the relevant denominator in regulation 115(1) shall be adjusted accordingly.
3D
Where a person who registers for VAT already owns an item of a description falling within regulation 113, for the purposes of calculating the period of adjustment —
a
one complete interval shall be deducted for each complete year which has elapsed since the date of that person’s first use of the capital item prior to the date of VAT registration, and
b
the first interval applicable to the capital item which ends after the date of VAT registration shall be treated as a subsequent interval for the purposes of regulation 115(1).
4
Subject to paragraphs (5A), (5B) and (7), the first interval applicable to a capital item shall commence on the day on which the owner first uses the capital item and shall end on the day before the start of his next tax year whether or not this is his first tax year.
.
13
In regulation 115 (method of adjustment) —
a
in paragraph (1)(a), for “regulation 114(3)(a) or (b)” substitute “regulation 114(3)(b)”;
b
in paragraph (1)(b), for “regulation 114(3)(c)” substitute “regulation 114(3)(a)”;
c
for paragraph (3) substitute —
3
Paragraph (3ZA) applies where, during an interval other than the last interval applicable to a capital item, the owner —
a
supplies the whole or part of his interest in the capital item, or
b
is deemed to supply the whole or part of his interest in the capital item, or
c
would have been deemed to supply the whole of his interest in the capital item but for the fact that the VAT on the deemed supply (whether by virtue of its value or because it is zero-rated or exempt) would not have exceeded the sum specified in paragraph 8(1)(c) of Schedule 4 to the Act.
3ZA
If the supply (or deemed supply) of the capital item referred to in paragraph (3) is —
a
a taxable supply, the owner shall be treated as using the whole or part (as may be the case) of the capital item for each of the remaining complete intervals applicable to it wholly in making taxable supplies, or
b
an exempt supply, the owner shall be treated as not using the whole or part (as may be the case) of the capital item for any of the remaining complete intervals applicable to it in making any taxable supplies,
and, in each case, the owner shall, except where paragraph (3A) applies, calculate for each of the remaining complete intervals applicable to the capital item, in accordance with paragraph (1) or (2) as the case may require, such amount as the owner may deduct or be liable to pay to the Commissioners.
;
d
in paragraph (3A) —
i
for “paragraph (3)” substitute “paragraph (3ZA)”; and
ii
for “on the supply of that capital item” substitute “on the supply of the whole or part of that capital item”;
e
in paragraph (3B), for “on the supply of the capital item” substitute “on the supply of the whole or part of the capital item”;
f
for paragraph (4) substitute —
4
If a capital item is irretrievably lost or stolen or is totally destroyed, no further adjustment shall be made in respect of any remaining complete intervals applicable to it.
;
g
for paragraph (5) substitute —
5
Subject to paragraph (5A), for the purposes of this Part —
“the adjustment percentage” means the difference (if any) between the extent, expressed as a percentage, to which the whole or part as appropriate of the capital item was used or to be used for the making of taxable supplies at the time the original entitlement to deduction of the input tax was determined and the extent to which the whole or part of it as appropriate is so used, or is treated under paragraph (3ZA) as being so used, in the subsequent interval in question;
“the original entitlement to deduction” means the entitlement to deduction under sections 24 to 26 of the Act and regulations made under those sections;
“the total input tax on the capital item” means —
in relation to any capital item, all VAT incurred by the owner on the capital expenditure on that item (whether or not the person incurring it is VAT registered at the time that it is incurred) including any non-business VAT; and
where a person is treated as making a supply to himself under paragraph 37(3) of Schedule 10 to the Act, the VAT charged on that supply;
“VAT bearing capital expenditure” means capital expenditure on which VAT is charged at the standard rate or at a reduced rate.
;
h
after paragraph (5) insert —
5A
Where paragraph (3ZA) applies in respect of part of a capital item, for the remaining complete intervals the total VAT incurred on the capital item as defined in paragraph (5) shall be reduced accordingly.
5B
The person responsible for making an adjustment under paragraph (1), (2) or (3ZA) shall be the person who is treated as the owner of the capital item under regulation 112 at the point immediately prior to the end of the interval in question or, in the case of an adjustment under paragraph (3ZA), the event specified in paragraph (3).
;
i
in paragraph (6) —
i
for “paragraph (8)” substitute “paragraphs (9) and (11)”; and
ii
omit the words from “provided that” to the end;
j
in paragraph (7) —
i
for “paragraph (8)” substitute “paragraphs (9) and (11)”; and
ii
for “(3)” substitute “(3ZA)”;
k
for paragraph (8), substitute —
8
For the purposes of paragraph (9), a “specified return” means a return specified in paragraph (6) or (7).
;
l
in paragraph (9), omit “Subject to paragraph (10) below,”;
m
omit paragraph (10);
n
after paragraph (10) insert —
11
Where a person is required to make an adjustment under paragraph (1), (2) or (3ZA) at a time when he is no longer registered for VAT, he shall make the required adjustment in his final VAT return.
.
14
In regulation 116 (ascertainment of taxable use of a capital item), in paragraph (1), for “in accordance with the method used under Part XIV for that interval” substitute “in accordance with the provisions of sections 24 to 26 of the Act and regulations made under those sections as they apply to that interval”.
Goods used for non-business purposes during their economic life
15
In regulation 116B (interpretation of this Part) —
a
in the definition of “the full cost of the goods” in paragraph (1), after sub-paragraph (b) insert “but, in relation to any goods which are relevant assets, the full cost shall exclude any costs on which VAT was incurred on or after 1 January 2011;”;
b
after the definition of “predecessor” insert —
“relevant asset” has the same meaning as it has in section 24(5B) of the Act.
.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th December 2010


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (London Underground Metropolitan Line S8 Vehicles) Exemption Order 2010 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“exempt vehicle” means a rail vehicle of the type known as Metropolitan Line 2010 Tube Stock (S8) and with a number in the series 21001 to 21116, 22001 to 22116, 23057 to 23116, 24001 to 24116, an odd number in the series 23001 to 23055 or an even number in the series 25002 to 25056;
“Metropolitan Line” means the London Underground route between Aldgate and Amersham, Chesham, Watford and Uxbridge stations;
“MS exempt vehicle” means a rail vehicle of the type known as Metropolitan Line 2010 Tube Stock (S8) and with a number in the series 24001 to 24116;
“step-free access” means access from the station entrance to the platform level without the use of stairs or escalators;
2
In this Order, a reference to a numbered regulation is a reference to the regulation in the Rail Vehicle Accessibility Regulations 1998 .
Exemptions relating to facilities for disabled persons
3
Subject to articles 5 and 6, an exempt vehicle is authorised to be used for carriage on the Metropolitan Line even if it does not conform with, or it is used in a manner that does not conform with the requirements of —
a
regulation 4(3)(b) (audible warning before door closes), but only in respect of the period of time for which the distinct sound should be emitted before the door starts to close;
b
regulation 5(2) (control devices for doors), but only in respect of the period of time between the control device ceasing to be illuminated and the door starting to close;
c
regulation 13(4) (passenger information when vehicle is stationary at a station), but only in so far as it applies to the systems inside the passenger saloon.
Exemptions relating to facilities for disabled persons in wheelchairs
4
Subject to articles 5 and 6 an MS exempt vehicle is authorised to be used for carriage on the Metropolitan Line even if it does not conform with, or it is used in a manner that does not conform with the requirements of —
a
regulation 16(1)(b) and (d) (wheelchair space specifications);
b
regulation 23(1) (boarding devices at wheelchair compatible doorways), but only in so far as the vehicle is stationary at a station platform named in a table in Schedule 1.
Conditions
5
1
The exemption from regulation 4(3)(b) only applies if the audible warning device emits a distinct sound which is different from that emitted when the doors are opening and which commences at least 1.75 seconds before the door starts to close.
2
The exemption from regulation 5(2) only applies if the illumination of each control device ceases not less than 1.75 seconds before the door starts to close.
3
The exemption from regulation 13(4) only applies to a vehicle that is stationary at a station named in Schedule 2 and travelling in the direction indicated against its name and if —
a
whilst the vehicle is stationary at a station named in that Schedule, the systems inside the passenger saloon are used to announce that the vehicle is a Metropolitan Line train and at least one of the following items of information —
i
the destination of the vehicle;
ii
the next stop;
b
where under sub-paragraph 3(a) no announcement is made at a station as to the destination of a vehicle, that information is provided after leaving the station and before the vehicle stops at the next station;
c
where under paragraph 3(a) no announcement is made at a station as to the next stop, that information is provided after leaving the station and before the vehicle stops at the next station.
4
The exemption from regulation 16(1) (b) and (d) only applies where a horizontal handrail is fitted above the wheelchair space and if it is fitted —
a
with a clearance of at least 1950 millimetres between the bottom of the handrail and the floor;
b
not more than 250 millimetres within the wheelchair space from the passenger gangway.
Expiry
6
1
The exemptions from regulations 4(3)(b), 5(2) and 13(4) expire at the end of 30th May 2015.
2
The exemption from regulation 23(1) expires —
a
in relation to a station platform named in table 1 in Schedule 1, at the end of the day indicated against its name;
b
in relation to a station platform named in table 2 in Schedule 1, when step-free access is provided to that station platform.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
Title, commencement and interpretation
1
1
This Order may be cited as The Whole of Government Accounts (Specified Dates) Order 2010 and shall come into force on 31st March 2010.
2
In this Order —
“accounts” means the set of accounts prepared under section 9 of the Act ; and
“the Act” means the Government Resources and Accounts Act 2000.
Specified dates for scrutiny
2
For each financial year —
a
the Treasury shall send accounts to the Comptroller and Auditor General by the 28th February of the financial year following that to which the accounts relate;
b
the Comptroller and Auditor General shall send the certified accounts and the report required by section 11(3)(a) of the Act to the Treasury by the 31st October of the second financial year following that to which the accounts relate; and
c
the Treasury shall lay the accounts and report before the House of Commons by the 31st December of the second financial year following that to which the accounts relate.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Health Protection (Notification) Regulations 2010 and shall come into force —
a
for the purposes of all regulations except regulation 4 on 6th April 2010; and
b
for the purposes of regulation 4 on 1st October 2010.
2
These Regulations apply in relation to England only.
Duty to notify suspected disease, infection or contamination in patients
2
1
A registered medical practitioner (R) must notify the proper officer of the relevant local authority where R has reasonable grounds for suspecting that a patient (P) whom R is attending —
a
has a notifiable disease;
b
has an infection which, in the view of R, presents or could present significant harm to human health; or
c
is contaminated in a manner which, in the view of R, presents or could present significant harm to human health.
2
The notification must include the following information insofar as it is known to R —
a
P’s name, date of birth and sex;
b
P’s home address including postcode;
c
P’s current residence (if not home address);
d
P’s telephone number;
e
P’s NHS number;
f
P’s occupation (if R considers it relevant);
g
the name, address and postcode of P’s place of work or education (if R considers it relevant);
h
P’s relevant overseas travel history;
i
P’s ethnicity;
j
contact details for a parent of P (where P is a child);
k
the disease or infection which P has or is suspected of having or the nature of P’s contamination or suspected contamination;
l
the date of onset of P’s symptoms;
m
the date of R’s diagnosis; and
n
R’s name, address and telephone number.
3
The notification must be provided in writing within 3 days beginning with the day on which R forms a suspicion under paragraph (1).
4
Without prejudice to paragraph (3), if R considers that the case is urgent, notification must be provided orally as soon as reasonably practicable.
5
In determining whether the case is urgent, R must have regard to —
a
the nature of the suspected disease, infection or contamination;
b
the ease of spread of that disease, infection or contamination;
c
the ways in which the spread of the disease, infection or contamination can be prevented or controlled; and
d
P’s circumstances (including age, sex and occupation).
6
This regulation does not apply where R reasonably believes that the proper officer of the relevant local authority has already been notified with regard to P and the suspected disease, infection or contamination by another registered medical practitioner in accordance with this regulation.
7
In this regulation —
“child” means a person under the age of 18 years;
“notifiable disease” means a disease listed in Schedule 1;
“parent” has the meaning given to it by section 576 of the Education Act 1996 ; and
“relevant local authority” means the local authority within whose area R attended P on the occasion of forming a suspicion under paragraph (1).
Duty to notify suspected disease, infection or contamination in dead persons
3
1
A registered medical practitioner (R) must notify the proper officer of the relevant local authority where R has reasonable grounds for suspecting that a person (P) whom R is attending has died whilst —
a
infected with a notifiable disease;
b
infected with a disease which, in the view of R, presents or could present, or presented or could have presented (whilst P was alive), significant harm to human health; or
c
contaminated in a manner which, in the view of R, presents or could present, or presented or could have presented (whilst P was alive), significant harm to human health.
2
The notification must include the following information insofar as it is known to R —
a
P’s name, date of birth and sex;
b
P’s date of death;
c
P’s home address including postcode;
d
P’s place of residence at time of death (if different from home address);
e
P’s NHS number;
f
P’s occupation at time of death (if R considers it relevant);
g
the name, address and postcode of P’s place of work or education at the time of death (if R considers it relevant);
h
P’s relevant overseas travel history;
i
P’s ethnicity;
j
the disease or infection which P had or is suspected of having had or the nature of P’s contamination or suspected contamination;
k
the date of onset of P’s symptoms;
l
the date of R’s diagnosis; and
m
R’s name, address and telephone number.
3
The notification must be provided in writing within 3 days beginning with the day on which R forms a suspicion under paragraph (1).
4
Without prejudice to paragraph (3), if R considers that the case is urgent, notification must be provided orally as soon as reasonably practicable.
5
In determining whether the case is urgent, R must have regard to —
a
the nature of the suspected disease, infection or contamination;
b
the ease of spread of that disease, infection or contamination;
c
the ways in which the spread of the disease, infection or contamination can be prevented or controlled; and
d
P’s circumstances (including age, sex and occupation).
6
This regulation does not apply where R reasonably believes that the proper officer of the relevant local authority has already been notified with regard to P and the suspected disease, infection or contamination by another registered medical practitioner in accordance with this regulation or regulation 2(1).
7
In this regulation —
“notifiable disease” has the same meaning it has in regulation 2; and
“relevant local authority” means the local authority within whose area R attended P on the occasion of forming a suspicion under paragraph (1).
Duty to notify causative agents found in human samples
4
1
The operator of a diagnostic laboratory must notify the Health Protection Agency in accordance with this regulation where the diagnostic laboratory identifies a causative agent in a human sample.
2
The notification must include the following information insofar as it is known to the operator of the diagnostic laboratory —
a
name and address of the diagnostic laboratory;
b
details of the causative agent identified;
c
date of the sample;
d
nature of the sample;
e
name of person (P) from whom the sample was taken;
f
P’s date of birth and sex;
g
P’s current home address including postcode;
h
P’s current residence (if not home address);
i
P’s ethnicity;
j
P’s NHS number; and
k
the name, address and organisation of the person who solicited the test which identified the causative agent.
3
The notification must be provided in writing within 7 days beginning with the day on which the causative agent is identified.
4
Without prejudice to paragraph (3), if the operator of the diagnostic laboratory considers that the case is urgent, the notification must be provided orally as soon as reasonably practicable.
5
In determining whether the case is urgent, the operator of the diagnostic laboratory must have regard to —
a
the nature of the causative agent;
b
the nature of the disease which the causative agent causes;
c
the ease of spread of the causative agent;
d
the ways in which the spread of the causative agent can be prevented or controlled; and
e
where known, P’s circumstances (including age, sex and occupation).
6
This regulation does not apply where the operator of the diagnostic laboratory reasonably believes that the Health Protection Agency has already been notified in accordance with this regulation by the operator of another diagnostic laboratory in relation to the same causative agent being found in a sample from the same person.
7
For the purposes of paragraph (1), a diagnostic laboratory identifies a causative agent where —
a
the diagnostic laboratory identifies the causative agent; or
b
the causative agent is identified by another laboratory under an arrangement made with that diagnostic laboratory.
8
Where paragraph (7)(b) applies, the day on which the causative agent is identified for the purposes of paragraph (3), is the day on which the diagnostic laboratory became aware of the identification by the other laboratory.
9
It is an offence for the operator of a diagnostic laboratory to fail without reasonable excuse to comply with this regulation.
10
Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
11
In this regulation —
“causative agent” means —
a causative agent listed in Schedule 2, or
evidence of an infection caused by such an agent;
“diagnostic laboratory” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections;
“director of a diagnostic laboratory” means —
the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory, or
any other person working in the diagnostic laboratory to whom the function of making a notification under this regulation has been delegated by the person mentioned in paragraph (a); and
“operator of a diagnostic laboratory” means the corporate body that operates the diagnostic laboratory or, if there is no such body, the director of the diagnostic laboratory.
Duty to provide information to the Health Protection Agency
5
1
This regulation applies where a notification has been made by the operator of a diagnostic laboratory to the Health Protection Agency under regulation 4.
2
The Health Protection Agency may request that the person (R) who solicited the laboratory test which identified the causative agent to which the notification relates, provide to it the information listed at regulation 4(2) insofar as that information was not included in the notification.
3
R must provide the information requested under paragraph (2) insofar as it is known to R.
4
The information must be provided in writing within 3 days beginning with the day on which the request is made.
5
Without prejudice to paragraph (4), if the Health Protection Agency considers the case to be urgent and informs R of this fact when making the request, the information must be provided orally as soon as reasonably practicable.
6
In determining whether the case is urgent, the Health Protection Agency must have regard to —
a
the nature of the causative agent to which the notification relates;
b
the nature of the disease which the causative agent causes;
c
the ease of spread of the causative agent;
d
the ways in which the spread of the causative agent can be prevented or controlled; and
e
where known, the circumstances of the person from whom the sample was taken (including age, sex and occupation).
Duty on the relevant local authority to disclose notification to others
6
1
This regulation applies where the proper officer of a local authority has received a notification under regulation 2 or 3.
2
The proper officer of the local authority must disclose the fact of the notification and its contents to —
a
the Health Protection Agency;
b
the proper officer of the local authority in whose area P usually resides (if different); and
c
the proper officer of the port health authority or local authority in whose district or area a ship, hovercraft, aircraft or international train is or was situated from which P has disembarked (if known to the disclosing proper officer and if that officer considers disclosure appropriate).
3
The disclosure must be made in writing within 3 days beginning with the day that the proper officer receives the notification.
4
Without prejudice to paragraph (3), if the disclosing proper officer considers that the case is urgent, disclosure must be made orally as soon as reasonably practicable.
5
In determining whether a case is urgent, the disclosing proper officer must have regard to —
a
the nature of the disease, infection or contamination or the suspected disease, infection or contamination notified;
b
the ease of spread of the disease, infection or contamination;
c
the ways in which the spread of the disease, infection or contamination can be prevented or controlled; and
d
where known, the patient’s circumstances (including age, sex and occupation).
Electronic communications
7
1
This regulation applies to —
a
notifications provided under regulation 2(1), 3(1) and 4(1);
b
information provided under regulation 5(3);
c
disclosures made under regulation 6(2);
d
lists provided under regulation 3 of the Health Protection (Local Authority Powers) Regulations 2010 (requirement to provide details of children attending school); and
e
reports provided under regulations 10(1) (duty to report Part 2A applications) and 11(1) (duty to report variations or revocations of Part 2A orders) of the Health Protection (Part 2A Orders) Regulations 2010 .
2
Notifications, information, disclosures, lists and reports, which are required to be in writing, may be communicated electronically if —
a
the recipient has consented in writing to receiving the notification, information, disclosure list or report (as the case may be) by an electronic communication; and
b
the communication is sent to the number or address specified by the recipient when giving that consent.
Revocations
8
The regulations listed in Schedule 3 are revoked.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
9th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Road Safety (Financial Penalty Deposit) (Amendment) Order 2010 and comes into force on 1st February 2011.
2
This Order applies in relation to an offence, alleged to have been committed on or after 1st February 2011.
Amendment of the Road Safety (Financial Penalty Deposit) Order 2009
2
In table 7 (Vehicle Excise and Registration Act 1994) in Part 1 of the Schedule to the Road Safety (Financial Penalty Deposit) Order 2009 , after the entry relating to “section 44” insert —
Section 59(1) Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act
Signed on behalf of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
10th November 2010


text:
Citation and commencement
1
These Regulations may be cited as the Banking Act 2009 (Inter-Bank Payment Systems) (Disclosure and Publication of Specified Information) Regulations 2010 and shall come into force on 9th April 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Banking Act 2009;
“public authority” means any body or person discharging functions of a public nature;
“specified information” means information obtained by the Bank of England by virtue of section 204(1) of the Act.
Disclosure of specified information
3
1
The Bank of England may disclose specified information —
a
to the persons referred to in regulation 4, 5 or 6 for any of the purposes specified in those regulations;
b
to any person —
i
where necessary for any other purposes in connection with the Bank of England’s functions as an overseer of inter-bank payment systems (whether under Part 5 of the Act (inter-bank payment systems) or otherwise), or
ii
in any case where the information has already lawfully entered the public domain.
2
Paragraph (1)(a) overrides a contractual or other requirement to keep information in confidence.
3
The Bank of England may only disclose specified information under paragraph (1)(b)(i) —
a
with the consent of the person from whom the Bank of England obtained the information and, if different, the person to whom the information relates, or
b
where the information is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
4
Paragraph (1) is without prejudice to any other power to disclose information.
Disclosure of specified information: criminal investigations and proceedings
4
The Bank of England may disclose specified information to a public authority —
a
for the purposes of, or in connection with, any criminal investigation which is being, or may be, carried out in the United Kingdom;
b
for the purposes of, or in connection with, any criminal proceedings which have been, or may be, initiated in the United Kingdom;
c
for the purposes of, or in connection with, any proceedings which have been, or may be, brought under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation) ;
d
for the purposes of bringing to an end any investigation or proceedings referred to in paragraphs (a), (b) or (c), or of facilitating a determination of whether it or they should be brought to an end.
Disclosure of specified information: investigations and proceedings which may result in the imposition of civil penalties
5
The Bank of England may disclose specified information to a public authority —
a
for the purposes of, or in connection with, any investigation which may result in the imposition of civil penalties, which is being, or may be, carried out in the United Kingdom;
b
for the purposes of, or in connection with, any proceedings which may result in the imposition of civil penalties, which have been, or may be, initiated in the United Kingdom;
c
for the purposes of bringing to an end any investigation or proceedings referred to in paragraph (a) or (b), or of facilitating a determination of whether it or they should be brought to an end.
Disclosure of specified information to other persons
6
The Bank of England may disclose specified information to a person listed in the table in the Schedule for the purposes of enabling or assisting that person to discharge the functions specified in relation to that person in the second column of the table.
Publication of specified information
7
1
The Bank of England may publish specified information to the extent that publication is necessary for any purpose in connection with its functions as an overseer of inter-bank payment systems (whether under Part 5 of the Act or otherwise) —
a
where the information has already lawfully entered the public domain,
b
with the consent of the person from whom the Bank of England obtained the information and, if different, the person to whom the information relates, or
c
where the information is published in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
2
Where the specified information relates to a person who —
a
is, or has applied to become, a recognised investment exchange within the meaning of section 285 of the Financial Services and Markets Act 2000 (exemption for recognised investment exchanges and clearing houses) ,
b
is, or has applied to become, a recognised clearing house within the meaning of that section, or
c
has, or has applied for, permission under Part 4 of that Act (permission to carry on regulated activities) ,
before publishing that information, the Bank of England must consult the Financial Services Authority.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2010


text:
Citation and commencement
1
This order may be cited as the Child Benefit Up-rating Order 2010 and shall come into force on 12th April 2010.
Amendment of the Child Benefit (Rates) Regulations 2006
2
In regulation 2(1) of the Child Benefit (Rates) Regulations 2006 —
a
in sub-paragraph (a), for “£20.00” substitute “£20.30”; and
b
in sub-paragraph (b), for “£13.20” substitute “£13.40”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners for Her Majesty’s Treasury
24th March 2010