text:
Citation and commencement
1
This Order may be cited as the Railways (Transport for London) (Exemptions) Order 2009 and comes into force on 12th January 2010.
Amendment of the Railways (London Regional Transport) (Exemptions) Order 1994
2
1
The Railways (London Regional Transport) (Exemptions) Order 1994 is amended as follows.
2
In article 2 —
a
in the definition of “the Act”, for “Act” (where first appearing), substitute “1993 Act”;
b
after the definition of “the Act” (as amended by this Order), insert —
“the 2005 Act ” means the Railways Act 2005 ;
“the 2008 Act ” means the Crossrail Act 2008 ;
“concession agreement” means an agreement entered into by Transport for London or any of its subsidiaries, pursuant to which another person, not being a TfL company, agrees to provide a railway passenger service for Transport for London or the subsidiary concerned;
“Crossrail” has the meaning given in section 56(2) of the 2008 Act, namely a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich;
“Crossrail passenger service” means a service for the carriage of passengers by railway on a line the whole of which, or part of which, forms part of an underground railway to be constructed between, in the west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham;
“East London Railway” means the railway on the following routes —
between Highbury & Islington station and West Croydon station via New Cross Gate station and Norwood Junction station;
between Highbury & Islington station and Crystal Palace station via New Cross Gate station;
between Surrey Quays station and Clapham Junction station via Denmark Hill station;
between Surrey Quays station and New Cross station;
“ELR concessionaire” has the meaning given in article 2B.
.
c
omit the definition of “TfL company” and after the definition of “qualifying activities”, insert —
“railway passenger service” means a service for the carriage of passengers by railway, but does not include a Crossrail passenger service;
“shared station” means any of the following stations —
Bond Street station;
Farringdon station;
Liverpool Street station;
Tottenham Court Road station;
Whitechapel station,
or any part of such a station;
“specified route” means any of the following routes of the East London Railway —
between —
the junction between the railway known as the North London Line and the East London Railway north of Dalston Junction station; and
the junctions with the slow lines of the railway that runs between London Bridge station and Brockley station, such junctions being New Cross Gate Down Junction and New Cross Gate Up Junction;
between Surrey Quays station and New Cross station;
between Surrey Quays station and the junction with the railway that runs between London Bridge station and Peckham Rye station, such junction being Old Kent Road Junction;
including those junctions and stations;
“TfL company” means —
Transport for London or any subsidiary of theirs; or
a PPP company, so far as carrying out qualifying activities;
“TfL concessionaire” means any person who, in relation to a railway passenger service provided for Transport for London or for any subsidiary of theirs, has agreed by a concession agreement for the time being to provide that service;
“TfL network” means the network which is owned, operated or managed by one or more TfL companies, and on which some or all of the regular scheduled railway passenger services are provided by Transport for London or any of its subsidiaries.
.
3
After article 2 insert —
Crossrail
2A
1
Subject to paragraph (3) and except in respect of any shared station, this Order does not apply in relation to any railway asset , railway facility, or part of a railway asset or railway facility, that is —
a
constructed before, on or after the date of this Order coming into force in exercise of the powers conferred by the 2008 Act; and
b
used predominantly in connection with Crossrail.
2
In determining the predominant use of a railway asset, railway facility, or part of a railway asset or railway facility for the purposes of sub-paragraph (1)(b), temporary use for any purpose and any use for emergency purposes is to be disregarded.
3
Paragraph (1) does not affect the application of this Order in relation to any railway asset, railway facility, or part of a railway asset or railway facility, that existed immediately before the commencement of the construction of any works in exercise of the powers conferred by the 2008 Act, and that is affected by such construction.
ELR concessionaire
2B
1
Subject to paragraph (2), “ELR concessionaire” means any person who, in relation to a railway passenger service provided for Transport for London or for any of Transport for London’s subsidiaries on any part of the East London Railway, has agreed by a concession agreement for the time being to provide that service.
2
In respect of any part of the TfL network on which, or any stations on the TfL network from which, the ELR concessionaire provides a regular scheduled railway passenger service, the exemptions referred to in —
a
articles 3(a) and 4(a) only apply in respect of any part of the TfL network that is on a specified route; and
b
articles 3(b) and 4(b) and (d) only apply in respect of a station that is on a specified route.
.
4
For article 3 substitute —
Licence exemption
3
Exemption is granted to every TfL company from the requirement in section 6 of the 1993 Act (prohibition on unauthorised operators of railway assets) to be authorised by licence to be the operator of —
a
the TfL network, or any part of the TfL network, on which no regular scheduled railway passenger services are provided other than by a TfL company or any ELR concessionaire or both;
b
any station on the TfL network and from which no regular scheduled railway passenger services are provided other than by a TfL company or any ELR concessionaire or both;
c
any light maintenance depot used in connection with the TfL network and which is not used in connection with the provision, other than by a TfL company, of railway passenger services;
d
the light maintenance depot at the New Cross Gate facility at Juno Way, London SE14, provided that such depot is used in connection with the TfL network and is not used in connection with the provision, other than by a TfL company or any TfL concessionaire or both, of railway passenger services;
e
any train —
i
being used on any part of the TfL network as is mentioned in paragraph (a) for any purpose comprised in the operation of that network or that part of that network, or for a purpose preparatory or incidental to or consequential on, any such use; or
ii
being used on a network for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services at any such light maintenance depot as is mentioned in paragraph (c).
.
5
For article 4, substitute —
Facility exemption
4
Exemption from sections 17 and 18 of the 1993 Act (access to railway facilities) is granted to every TfL company in respect of each of the following railway facilities, where the TfL company is the facility owner —
a
track comprised in the TfL network, or any part of the TfL network, as mentioned in article 3(a);
b
every such station as is mentioned in article 3(b);
c
every such light maintenance depot as is mentioned in article 3(c) or (d);
d
any part of a station on the TfL network (other than such a station as is mentioned in article 3(b)), which part is not used in connection with the provision, other than by a TfL company or any ELR concessionaire or both, of regular scheduled railway passenger services.
.
6
In article 5, for “Act”, substitute “1993 Act”.
7
In article 6 —
a
in paragraphs (1), (2) and (3), for “Act”, substitute “1993 Act ”; and
b
after paragraph (3), insert —
4
Section 22 (proposal by service operator to discontinue non-franchised services), section 23 (proposal by funding authority to discontinue non-franchised services) and section 24 (proposals to discontinue franchised or secured services) of the 2005 Act do not apply in relation to a railway passenger service that —
a
is provided by a TfL concessionaire for Transport for London, or for any of Transport for London’s subsidiaries, pursuant to a concession agreement; and
b
begins and ends in Greater London and does not otherwise make any scheduled call outside Greater London.
5
Section 29 (proposal by operator to close station), section 30 (proposal by funding authority to close station) and section 31 (proposal to discontinue operation of secured station) of the 2005 Act do not apply in relation to a station, or part of a station, described in paragraph (6).
6
Paragraph (5) refers to a station, or part of such a station, which station or part is operated by a TfL concessionaire for Transport for London, or for any of Transport for London’s subsidiaries, pursuant to a concession agreement, where —
a
no railway passenger services are provided from that station, or that part of that station, other than services which —
i
are provided by a TfL concessionaire for Transport for London, or for any of Transport for London’s subsidiaries, pursuant to a concession agreement, or are provided by a TfL company, or both; and
ii
begin and end in Greater London and do not otherwise make any scheduled call outside Greater London; or
b
the previous operator of that station, or that part of that station, was a TfL company.
.
8
After article 6, insert —
Designation of London service provided by a TfL concessionaire
7
Any railway passenger service which —
a
is provided by a TfL concessionaire for Transport for London, or for any of Transport for London’s subsidiaries, pursuant to a concession agreement; and
b
begins and ends in Greater London and does not otherwise make any scheduled call outside Greater London,
is designated as a London service and as a special procedure service for the purposes of section 25 of the 2005 Act
.
Amendment of the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005
3
1
The Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005 is amended as follows.
2
In Schedule 2, paragraph 1 —
a
after the definition of “the Board”, insert —
“concession agreement” means an agreement entered into by Transport for London or any of its subsidiaries, pursuant to which another person, not being a TfL company, agrees to provide a railway passenger service for Transport for London or the subsidiary concerned;
;
b
omit “and” at the end of the definition of “specified station”;
c
after the definition of “TfL company”, add —
“TfL concessionaire” means a person who, in relation to a railway passenger service provided for Transport for London or for any of Transport for London’s subsidiaries, has agreed by a concession agreement for the time being to provide that service, and a station is controlled by a TfL concessionaire where that concessionaire, in the course of a business (whether for profit or not), is in operational control of that station pursuant to a concession agreement; and
“TfL network” means the network which is owned, operated or managed by one or more TfL companies, and on which some or all of the regular scheduled railway passenger services are provided by a TfL company.
.
3
In Schedule 2, after paragraph 3, insert —
3A
Any station or part of a station which is on the TfL network and controlled by a TfL concessionaire.
3B
Any station or part of station which is controlled by a TfL concessionaire, where the previous operator of that station, or that part of that station, was a TfL company.
.
Signed by authority of the Secretary of State for Transport
C.D.Mole
Parliamentary Under Secretary of State
Department for Transport
15th December 2009


type: legislation

jurisdiction: UK

text:
Citation, application and interpretation
1
1
This Order may be cited as the Planning (Consequential Provisions) Act 1990 (Appointed Day No. 2 and Transitional Provision) (England) Order 2009.
2
This Order applies in relation to England only.
3
In this Order “Schedule 4” means Schedule 4 to the Planning (Consequential Provisions) Act 1990.
Further partial commencement of provisions conferring powers to award costs
2
1
Subject to paragraphs (2) and (3), 6th April 2009 is the day appointed under paragraph 1(3)(a) of Schedule 4 for the purposes of paragraphs 3 to 16 of that Schedule .
2
Paragraph (1) has effect only for the purposes of proceedings which do not give rise to an inquiry or hearing.
3
Paragraph (1) does not have effect for the purposes of awards of costs in relation to proceedings under section 259 of the Town and Country Planning Act 1990 (confirmation of orders made by other authorities).
Transitional provision
3
Nothing in article 2 shall apply in relation to any proceedings occasioned by —
a
an application referred or an appeal made to the Secretary of State before 6th April 2009, or
b
an order or notice submitted or sent to the Secretary of State before that date for confirmation or approval.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
1st April 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bolton Primary Care Trust (Establishment) Amendment Order 2009 and shall come into force on 1st December 2009.
2
In this Order —
“the Establishment Order ” means the Bolton Primary Care Trust (Establishment) Order 2001 ;
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Bolton Teaching Primary Care Trust instead of the Bolton Primary Care Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2(1) of the Establishment Order, after “Bolton” insert “Teaching”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
26th October 2009


text:
Citation and commencement
1
This Order may be cited as the Appeals (Excluded Decisions) Order 2009 and comes into force on 1st April 2009.
Excluded decisions
2
For the purposes of section 11(1) of the Tribunals, Courts and Enforcement Act 2007, a decision of the First-tier Tribunal under section 103 of the Immigration and Asylum Act 1999 (appeals) is an excluded decision.
3
For the purposes of sections 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal or the Upper Tribunal are excluded decisions —
a
any decision under section 20(7), (8B) or (8G)(b) (power to call for documents of taxpayer and others), 20B(1B) or (6) (restrictions on powers under sections 20 and 20A) or 20BB(2)(a) (falsification etc. of documents) of the Taxes Management Act 1970 ;
b
any decision under section 35A(2) (variation of undertakings), 79A(2) (variation of undertakings) or 219(1A) (power to require information) of the Inheritance Tax Act 1984 ;
c
any decision under section 152(5) (notification of taxable amount of certain benefits) or 215(7) (advance clearance by Board of distributions and payments) of the Income and Corporation Taxes Act 1988 ;
d
any decision under section 138(4) of the Taxation of Chargeable Gains Act 1992 (procedure for clearance in advance);
e
any decision under section 187(5) or (6) (returns and information) of, or paragraph 3(2) or 6(2) of Schedule 21 (restrictions on powers under section 187) to, the Finance Act 1993 ;
f
any decision under paragraph 91(5) of Schedule 15 to the Finance Act 2000 (corporate venturing scheme: advance clearance);
g
any decision under paragraph 88(5) of Schedule 29 to the Finance Act 2002 (gains and losses from intangible fixed assets: transfer of business or trade);
h
any decision under paragraph 2, 4, 7, 9, 10, 11 or 24 of Schedule 13 to the Finance Act 2003 (stamp duty land tax: information powers);
i
any decision under section 306A (doubt as to notifiability), 308A (supplemental information), 313B (reasons for non-disclosure: supporting information) or 314A (order to disclose) of the Finance Act 2004 ;
j
any decision under section 697(4) of the Income Tax Act 2007 (opposed notifications: determinations by tribunal);
k
any decision under regulation 10(3) of the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 (procedure for Board’s approval);
l
any decision under regulation 5A (doubt as to notifiability), 7A (supplemental information), 12B (reasons for non-disclosure: supporting information) or 12C (order to disclose) of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 .
Revocations
4
The Appeals (Excluded Decisions) Order 2008 and the Appeals (Excluded Decisions) (Amendment) Order 2008 are revoked.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th February 2009


text:
Citation commencement and revocation
1
These Regulations may be cited as the Textile Products (Indications of Fibre Content) (Amendment) (No. 2) Regulations 2009 and shall come into force on 25th May 2009.
2
The Textile Products (Indications of Fibre Content) (Amendment) Regulations 2009 are revoked.
Amendment of the Textile Products (Indications of Fibre Content) Regulations 1986
3
1
The Textile Products (Indications of Fibre Content) Regulations 1986 are amended as follows.
2
In regulation 4(1) —
a
omit the definition “Directive 96/74/ EC ”;
b
after the definition of “the Act of 1968” insert —
“Directive 2008/121/EC ” means Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (recast);
;
c
for the definition of “Annex 1” substitute ““Annex I” means Annex I (Table of textile fibres) to Directive 2008/121/EC ;”;
d
omit the definition “Annex II ”; and
e
after the definition of “Annex I” insert —
“Annex V” means “Annex V (Agreed allowances used to calculate the mass of fibres contained in a textile product) to Directive 2008/121/EC ;
.
3
In regulation 4(4) for “Annex II” substitute “Annex V”.
4
In regulation 8 for “Column 1 of Schedule 2” substitute “the column headed “Name” in Annex I”.
5
In Schedule 1 paragraph 7(3) for “Annex II” substitute “Annex V. ”
Gareth Thomas
Minister for Trade and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
21st April 2009


text:
PART 1 INTRODUCTION
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Payments) Regulations 2009 and shall come into force on 1st June 2009.
2
These Regulations shall have effect —
a
for payments of a description within Part 2, in relation to payments made on or after 1st December 2009; and
b
for payments of a description within Part 3 or Part 4, in relation to payments made on or after 6th April 2006 .
Interpretation
2
1
Any reference in these Regulations to a numbered section or a paragraph of a Schedule, without more, is a reference to the section or paragraph of the Finance Act 2004 bearing that number.
2
Any reference in these Regulations to a person’s being entitled to a payment —
a
if it is a payment of pension (or intended to be such a payment), shall be construed in accordance with section 165(3) (pension rules) , and related expressions shall be construed accordingly;
b
if it is a payment of a lump sum (or intended to be such a payment), shall be construed in accordance with section 166(2) (lump sum rule) , and related expressions shall be construed accordingly.
3
For the purpose of these Regulations, whether a person is connected with another person is determined in accordance with section 993 of the ITA 2007 (meaning of “connected” persons) .
4
For the purpose of these Regulations,
a
a pension scheme is related to another pension scheme if each of them is —
i
a registered pension scheme that is an occupational pension scheme or a public service pension scheme , and
ii
a pension scheme relating to the same employment; but
b
if the context is whether a person is or is not a controlling director of a sponsoring employer of a pension scheme, only registered pension schemes that are occupational pension schemes are related to other such pension schemes.
5
In these Regulations —
“controlling director” has the meaning given by section 273(9) (members liable as scheme administrator);
“excluded transfer” means —
a recognised transfer ; or
any other transfer to the pension scheme of any sums or assets held for the purposes of, or representing accrued rights under, another pension scheme.
Prescribed payments and taxation
3
A payment by a registered pension scheme to or in respect of a member that is described in Part 2 of these Regulations —
a
is a payment of a prescribed description for the purposes of section 164(1)(f) (authorised member payments);
b
if paid to the member, shall be treated as a trivial commutation lump sum paid to the member for the purposes of Part 9 of ITEPA 2003 (pension income) ; and
c
if not paid to the member, shall be treated as a trivial commutation lump sum death benefit paid to the recipient for the purposes of Part 9 of ITEPA 2003 .
4
A payment by a registered pension scheme that is described in Part 3 of these Regulations, to the extent specified in the regulation concerned —
a
is a payment of a prescribed description for the purposes of section 164(1)(f) of the Finance Act 2004;
b
shall be treated as pension paid to the recipient under a registered pension scheme for the purposes of Part 9 of ITEPA 2003; and
c
shall be treated for those purposes as pension accruing in the tax year in which it is paid.
5
A payment by a registered pension scheme that is described in Part 4 of these Regulations —
a
is a payment of a prescribed description for the purposes of section 164(1)(f) of the Finance Act 2004; and
b
shall be treated as a pension commencement lump sum paid under a registered pension scheme for the purposes of Part 9 of ITEPA 2003 .
PART 2 COMMUTATION PAYMENTS
Payment after relevant accretion
6
1
A payment made after there has been a relevant accretion in respect of the member if —
a
the payment extinguishes the member’s entitlement to benefits under the pension scheme;
b
it does not exceed £2,000;
c
it does not exceed the value of the accretion; and
d
it is made no later than the relevant date.
2
Regulation 7 defines “relevant accretion”.
3
In a case where the accretion is a relevant accretion by virtue of having occurred after the event described in regulation 7(2)(b), the scheme pension or annuity concerned shall be ignored in determining whether the member’s entitlement to benefits under the scheme has been extinguished.
4
For the purposes of paragraph (1)(d) the relevant date is —
a
if the accretion has occurred before 1st December 2009, 1st June 2010, otherwise
b
six months after the date the accretion occurs.
Meaning of “relevant accretion”
7
1
The following are relevant accretions for the purposes of regulation 6 if they occur after either of the events mentioned in paragraph (2) —
a
a payment (“the payment in”) is received by the scheme in respect of the member, other than a contribution into the pension scheme or an excluded transfer into the pension scheme;
b
there is an allocation to the arrangement in the amount by which the value of the sums and assets held for the purposes of the arrangement exceeds the value the scheme administrator had believed they had; and
c
the scheme administrator becomes aware that the member is entitled to a benefit under the pension scheme, provided —
i
the scheme administrator had not been aware of the entitlement before the event in paragraph (2), and
ii
the scheme administator could not reasonably have been expected to be aware of it before that event.
2
The events are —
a
there is a recognised transfer to another registered pension scheme or to a qualifying recognised overseas pension scheme in respect of the member; and
b
a scheme pension or annuity is purchased for the member by the pension scheme from an insurance company .
3
In order for the purchase of a scheme pension or annuity on or after 6th April 2006 to be an event within paragraph (2)(b), all or a part of the member’s lifetime allowance must be available at the time of the purchase.
4
The value of a relevant accretion is —
a
in the case of a payment in within paragraph (1)(a), the amount of the payment; or
b
in the case of an allocation within paragraph (1)(b), the amount by which the value of the sums and assets exceeds the value they had been believed to have;
c
in the case described in paragraph (1)(c), the value of the benefit to which the member is entitled.
5
In paragraph (1)(a), “contribution” does not include any amount mentioned in section 188(3) (c) (rebates and minimum contributions paid by the Board of Inland Revenue ).
Payments under the Financial Services Compensation Scheme
8
1
A payment made by way of compensation under the Financial Services Compensation Scheme if —
a
the payment does not exceed £2,000; and
b
it extinguishes the member’s entitlement to benefits under the pension scheme.
2
The reference in paragraph (1) to the Financial Services Compensation Scheme is to the scheme established by Part 15 of the Financial Services and Markets Act 2000 .
Payments to or in respect of members who were untraceable
9
1
A payment made to or in respect of a member who has reached the age of 75 if —
a
at the time the member reached the age of 75 the scheme administrator had been unable to ascertain the member’s whereabouts despite having taken reasonable steps to do so;
b
the scheme administrator had received no communication from the member for at least 5 years before the date on which the scheme administrator had discovered the member’s whereabouts or, if the member had died, had learned of the death;
c
either of the conditions in paragraph (2) is satisfied;
d
the payment is made no later than the relevant date;
e
the payment does not exceed £2,000; and
f
the payment —
i
extinguishes the member’s entitlement to benefits under the pension scheme, or
ii
if made after the member’s death, represents the total value of all sums and assets held for the purposes of the scheme in respect of the member.
2
The conditions mentioned in paragraph (1)(c) are —
a
paragraph 8(2) of Schedule 28 (member’s unsecured pension fund) applies in relation to the member and the arrangement and none of the sums or assets held for the purposes of the arrangement are member-designated funds immediately before it applies;
b
the arrangement is a defined benefits arrangement and no scheme pension is being paid to the member by the scheme making the payment or any related scheme.
3
For the purposes of paragraph (1)(d) the relevant date is the later of —
a
1st June 2010; and
b
12 months after the date on which the scheme administrator had discovered the member’s whereabouts or, if the member had died, had learned of the death.
Payments to members receiving annuities
10
1
A payment to a member which would be a trivial commutation lump sum but for the continuance after the payment of an annuity if —
a
the condition in paragraph (2) is satisfied; or
b
if the member is not a member of any other registered pension scheme, the conditions in paragraph (3) are satisfied.
2
The condition mentioned in paragraph (1)(a) is that the payment is made before the end of the commutation period, as determined in accordance with paragraph 7(2) of Schedule 29.
3
The conditions mentioned in paragraph (1)(b) are that —
a
the member had not previously received either a trivial commutation lump sum or a payment that was an authorised payment by virtue of this regulation; and
b
the value of the member’s pension rights immediately before the payment, calculated in accordance with paragraph 7(5) of Schedule 29, does not exceed 1% of the standard lifetime allowance .
De minimis rule for pension schemes
11
1
A payment by a public service pension scheme or an occupational pension scheme if —
a
the member has reached the age of 60, but has not reached the age of 75;
b
the member —
i
is not a controlling director of a sponsoring employer of this or of any related scheme, and
ii
is not a person connected to such a person;
c
the payment does not exceed £2,000;
d
the commutation value of the benefits to which the member is entitled under this and any related scheme does not exceed £2,000 in total;
e
the payment extinguishes the member’s entitlement to benefits under this scheme; and
f
no recognised transfer was made out of this or any related scheme in respect of the member during the 3 years preceding the date of the payment.
2
For the purposes of paragraph (1)(d), the commutation value is equal to the amount of the lump sum that, if paid, would extinguish the member’s entitlement to benefits under the scheme concerned.
Payments by larger pension schemes
12
1
A payment by a public service pension scheme or an occupational pension scheme if —
a
there are at least 50 members;
b
any of conditions A, B or C is satisfied;
c
the member has reached the age of 60, but has not reached the age of 75;
d
the member —
i
is not a controlling director of a sponsoring employer of this or any related scheme, and
ii
is not a person connected to such a person;
e
the payment does not exceed £2,000;
f
the payment extinguishes the member’s entitlement to benefits under this scheme;
g
ignoring any transfer within paragraph (5), no excluded transfer was made into this scheme in relation to the member during the 5 years preceding the date of the payment; and
h
no recognised transfer was made out of this scheme in respect of the member during the 3 years preceding the date of the payment.
2
Condition A is that the scheme was in existence on 1st July 2008.
3
Condition B is that —
a
the payment is in respect of a defined benefits arrangement; and
b
the aggregate amount of the sums and assets held for the purposes of defined benefits arrangements is more than half of the aggregate amount of all the sums and assets held for the purposes of this scheme.
4
Condition C is that in respect of at least 20 members the aggregate amount of the sums and assets held for the purpose of the arrangement exceed £2,000.
5
A transfer is within this paragraph if it is a transfer of sums and assets described in paragraph 12(8)(b), (c) or (d) of Schedule 36 (enhanced protection – permitted transfers).
6
In paragraphs (3) and (4), the “aggregate amount” is an amount equal to the aggregate of the amount of the sums and the market value of the assets concerned.
PART 3 PENSION ERRORS
Pensions paid in error
13
1
A payment made in error which is intended to represent a payment permitted by the pension rules or the pension death benefit rules to or in respect of a member, if the scheme administrator or insurance company making the payment (in either case, “the payer”) believed that —
a
the recipient was entitled to the payment, and
b
the recipient was entitled to it in that amount.
2
A payment is not within paragraph (1) if the error is that the recipient is no longer alive (as to which see regulation 15).
3
Regulation 4 applies to —
a
the whole of the payment; or
b
if the recipient was entitled to an authorised payment apart from under this regulation, the amount by which the payment exceeds the amount of the authorised payment.
Pensions paid after discovery of error
14
1
A payment made after the discovery of an error if either —
a
it is made after there is a payment within regulation 13 to the same person and (apart from the discovery of the error) is of a similar nature to that payment; or
b
if the error had not been discovered until after the payment, it would have been a payment within regulation 13.
2
A payment is not within paragraph (1) unless it falls within paragraph (3), (4) or (5).
3
A payment is within this paragraph if it is made even though the payer took reasonable steps to prevent its being made or its being made in that amount.
4
A payment is within this paragraph if it is made while the scheme administrator is considering whether the rules of the scheme should be amended so that such payments or payments in such amounts will be permitted by the pension rules or the pension death benefit rules (as the case may be), provided the scheme administrator has not taken an unreasonable amount of time to decide.
5
A payment is within this paragraph if it is made while the scheme administrator is in the process of amending the rules of the scheme so that such payments or payments in such amounts will be permitted by the pension rules or the pension death benefit rules (as the case may be), provided the scheme administrator has not taken an unreasonable amount of time to amend the rules.
6
Regulation 4 applies to —
a
the whole of the payment; or
b
if the recipient was entitled to an authorised payment apart from under this regulation, the amount by which the payment exceeds the amount of the authorised payment.
Pensions continuing to be paid after death
15
1
A payment which is intended to represent the payment of a pension permitted by the pension rules or the pension death benefit rules to or in respect of a member if —
a
the member or dependant concerned (“the person”) has died;
b
the payment is made no later than six months after the date of the person’s death;
c
the payment would not have been an unauthorised payment if it had been made on the day before the person died; and
d
either of the conditions in paragraph (2) is satisfied.
2
The conditions mentioned in paragraph (1)(d) are —
a
the scheme administrator or insurance company making the payment (in either case, “the payer”) did not know, and could not reasonably have been expected to know, that the person had died before the payment was made;
b
where the payer knew of the person’s death before the payment was made, the payer took reasonable steps to prevent the payment’s being made or its being made in that amount.
3
Regulation 4 applies to the whole of the payment.
Payments of arrears of pension after death
16
1
A payment of pension under the pension scheme to or in respect of a member who has died if —
a
the payment is in respect of a defined benefits arrangement;
b
the member had not reached the age of 75;
c
the member —
i
was not a controlling director of a sponsoring employer of this or any related scheme, and
ii
was not a person connected to such a person; and
d
either —
i
the conditions in paragraph (2) are satisfied, or
ii
where the member died on or after 6th April 2006, the conditions in paragraph (3) are satisfied.
2
The conditions where the member died before 6th April 2006 are that —
a
the payment represents accrued arrears of pension;
b
the payment was allowed or required by the rules of this scheme as they stood immediately before the member died; and
c
the existence of the rule or rules concerned would not have prejudiced approval of the scheme by the Inland Revenue or Her Majesty’s Revenue and Customs.
3
The conditions where the member died on or after 6th April 2006 are that —
a
the payment represents accrued arrears of scheme pension the member’s entitlement to which the scheme administrator had not established until after the member’s death;
b
the payment would not have been an unauthorised payment if the payment had been made immediately before the member’s death and the member had been entitled to it; and
c
the scheme administrator could not reasonably have been expected to make the payment before the member’s death.
4
Regulation 4 applies to so much of the payment as does not exceed the amount accrued during the period —
a
beginning with the earliest date from which the member could have required the scheme administrator to make the payment if the member had been entitled to it; and
b
ending with the member’s death.
5
If the member died on or after 6th April 2006, the making of the payment shall be treated as a benefit crystallisation event for the purposes of the lifetime allowance charge , namely benefit crystallisation event 9 .
6
The amount crystallised for the purposes of benefit crystallisation event 9 is the amount of the payment to which regulation 4 applies.
7
For the purpose of paragraph (2)(c), whether something would have prejudiced the approval of a scheme by the Inland Revenue or by Her Majesty’s Revenue and Customs is to be determined in accordance with the publication IR 12(2001) (known as the Occupational Pension Schemes Practice Notes) published by the former Inland Revenue Pension Schemes Office on 23rd March 2001, as that publication stood —
a
if the member died before 23rd March 2001, on that date,
b
otherwise, on the date of the member’s death.
PART 4 LUMP SUM ERRORS
Commencement lump sums based on pension errors
17
1
A payment of a lump sum the whole of which is intended to represent a pension commencement lump sum , but which exceeds the permitted maximum , if —
a
the lump sum exceeds the permitted maximum only because it has been calculated by reference to the amount of a relevant pension ; and
b
either —
i
the payment of the pension is a payment within regulation 13 or 14 (1)(b), or
ii
paragraph (3) applies.
2
The discovery that the lump sum exceeds the permitted maximum before the payment is made does not prevent the payment’s being within paragraph (1) if the payer took reasonable steps to prevent its being made or its being made in that amount.
3
This paragraph applies where —
a
the lump sum is paid before the pension by reference to which its amount was calculated;
b
the pension is not in the event paid, or paid in the amount originally intended, because an error is discovered; and
c
if the error had not been discovered and the pension had been paid as intended, its payment would have been a payment within regulation 13.
4
The member’s becoming entitled to the pension commencement lump sum that forms part of the payment within paragraph (1) shall be treated as a benefit crystallisation event for the purposes of the lifetime allowance charge, namely benefit crystallisation event 9 (and this does not prevent the member’s becoming so entitled from also having effect for the purposes of benefit crystallisation event 6).
5
The amount crystallised for the purposes of benefit crystallisation event 9 is the amount by which the lump sum exceeds the permitted maximum.
Commencement lump sums paid in error – money purchase arrangements
18
1
A payment of a lump sum the whole of which is intended to represent a pension commencement lump sum, but which exceeds the permitted maximum, if —
a
the lump sum exceeds the permitted maximum only because it has been calculated by reference to the annuity purchase price or the scheme pension purchase price ;
b
an error in that calculation means that the amount concerned is greater than it would have been; and
c
paragraph (3) applies.
2
The discovery that the lump sum exceeds the permitted maximum before the payment is made does not prevent the payment’s being within paragraph (1) if the payer took reasonable steps to prevent its being made or its being made in that amount.
3
This paragraph applies where —
a
the lump sum is paid before the lifetime annuity or scheme pension is purchased; and
b
the lifetime annuity or scheme pension is not in the event purchased, or purchased for the amount originally intended, because the error is discovered.
4
The member’s becoming entitled to the pension commencement lump sum that forms part of the payment within paragraph (1) shall be treated as a benefit crystallisation event for the purposes of the lifetime allowance charge, namely benefit crystallisation event 9 (and this does not prevent the member’s becoming so entitled from also having effect for the purposes of benefit crystallisation event 6).
5
The amount crystallised for the purposes of benefit crystallisation event 9 is the amount by which the lump sum exceeds the permitted maximum.
Commencement lump sums paid after death
19
1
A payment of a lump sum under the pension scheme to or in respect of a member who has died if —
a
the payment is in respect of a defined benefits arrangement;
b
the scheme administrator had not established the member’s entitlement to the payment until after the member’s death;
c
the scheme administrator could not reasonably have been expected to make the payment before the member died;
d
the payment would have been a pension commencement lump sum if it had been made immediately before the member’s death and the member had been entitled to it;
e
it is made no later than the end of the period of one year beginning with the earlier of —
i
the day on which the scheme administrator first knew of the member’s death, and
ii
the day on which the scheme administrator could first reasonably be expected to have known of it; and
f
the member was neither —
i
a controlling director of a sponsoring employer of this or any related scheme, nor
ii
a person connected to such a person.
2
The making of the payment shall be treated as a benefit crystallisation event for the purposes of the lifetime allowance charge, namely benefit crystallisation event 9.
3
The amount crystallised for the purposes of benefit crystallisation event 9 is the amount of the payment.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
6th May 2009


text:
Citation
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 11) Order 2009.
Appointed day
2
The day after the day on which this Order is made is the day appointed for the coming into force of section 48 of the Welfare Reform Act 2007 (local authority functions relating to benefit: information).
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
1st July 2009


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 2009 and comes into force on 1 December 2009.
Establishment of safety zone
2
A safety zone is established around the installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State
Department for Work and Pensions
30 October 2009


text:
Citation and commencement
1
These rules may be cited as the Commonhold (Land Registration) (Amendment) Rules 2009 and shall come into force on 1 October 2009.
Interpretation
2
In these rules “the principal rules” means the Commonhold (Land Registration) Rules 2004 and a reference to a rule by number is a reference to the rule so numbered in the principal rules.
Amendment to rule 4
3
1
In rule 4(1)(c), for “memorandum and articles of association” substitute “articles of association”.
2
In rule 4(1)(d), for “memorandum or articles of association” substitute “articles of association”.
Amendment to rule 19
4
1
In the heading to rule 19 and in paragraph (1) of that rule, for the words “an altered memorandum or articles of association”, substitute “altered articles of association”.
2
In paragraphs (2) and (3) of rule 19, for the words “memorandum or articles of association”, substitute “articles of association”.
Amendment to rule 23
5
In paragraphs (2)(b), (3)(a) and 3(b) of rule 23, for the words “memorandum and articles of association”, substitute “articles of association”.
Amendment to rule 28
6
In rule 28(1)(b), for “memorandum and articles of association” substitute “articles of association”.
Amendments to Forms CM1, CM3 and CM6 in Schedule 1 to the principal rules
7
In Schedule 1 to the principal rules —
a
in panel 6 of Form CM1 for “memorandum and articles of association” substitute “articles of association”,
b
in the heading to, and in panels 4, 6 and 7 of, Form CM3 for “memorandum and articles of association” substitute “articles of association”,
c
in panel 4 of Form CM6 for “memorandum and articles of association” substitute “articles of association”.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
21st July 2009


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Derbyshire) Designation Order 2009 and shall come into force on 19th February 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
12th January 2009


text:
Citation and application
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 12) Order 2009.
2
This Order applies in relation to England only.
Appointed day for the provisions relating to the fees payable to the Chief Inspector of Education, Children’s Services and Skills under Part 2 of the Care Standards Act 2000
2
2nd November 2009 is the appointed day for the coming into force of the following provisions of the Health and Social Care Act 2008 insofar as they relate to England and the payment of fees to the Chief Inspector of Education, Children’s Services and Skills —
a
paragraph 11 of Schedule 5 insofar as it is not already in force ;
b
paragraph 14(b)(ii) of Schedule 5 insofar as it is not already in force ;
c
paragraph 15 of Schedule 5 insofar as it is not already in force ; and
d
section 95 insofar as it relates to those paragraphs.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
29th October 2009


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2009 and shall come into force on 1st August 2009.
Modifications of the Income Support Regulations in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
2
1
Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (Modifications of the Income Support (General) Regulations 1987) is amended as follows.
2
In Table A, in the modifications of regulation 66A of the Income Support Regulations (treatment of student loans), in the first entry, for “Guide to Student Support issued by the Student Awards Agency for Scotland 2008-2009” substitute “Student Support Information Guide 2009-2010 issued by the Student Awards Agency for Scotland ”.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
30th June 2009


text:
Title and commencement
1
1
The title of this Order is the County of the Isle of Anglesey (Holyhead, Trearddur, Cwm Cadnant, Penmynydd, Pentraeth and Llanfair-Mathafarn-Eithaf Communities) Order 2009.
2
For any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on the day after that on which it is made.
3
Articles 6, 9 and 11 come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2012, on 15 October 2011;
b
for all other purposes, on the ordinary day for election of councillors in 2012.
4
For all other purposes, this Order comes into force on 1 April 2009, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
“Map A” (“ Map A ”), “Map B” (“ Map B ”), “Map C” (“ Map C ”) and “Map D” (“ Map D ”), mean respectively the maps marked A, B, C and D of the County of the Isle of Anglesey (Holyhead, Trearddur, Cwm Cadnant, Penmynydd, Pentraeth and Llanfair-Mathafarn-Eithaf Communities) Order 2009 and deposited in accordance with regulation 5 of the Regulations;
any reference to an electoral division is a reference to an electoral division of the County of the Isle of Anglesey; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
3
Changes are made in the local government area of the County of the Isle of Anglesey in accordance with the following provisions of this Order.
Trearddur and Holyhead — change in community areas and consequential changes to electoral arrangements
4
The part of the community of Trearddur shown as hatched area “A” on Map A —
a
is transferred to the community of Holyhead;
b
forms part of the London Road ward of the community of Holyhead; and
c
forms part of the electoral division of London Road.
5
The part of the community of Trearddur shown as hatched area “B” on Map A —
a
is transferred to the community of Holyhead;
b
forms part of the Kingsland ward within the community of Holyhead; and
c
forms part of the electoral division of Kingsland.
6
In the community of Holyhead the number of community councillors to be elected for the Kingsland ward is 2, for the London Road ward is 2, for the Morawelon ward is 2 and for the Porthyfelin ward is 3.
Cwm Cadnant and Penmynydd — change in community areas and consequential changes to electoral arrangements
7
The part of the community of Cwm Cadnant shown hatched on Map B —
a
is transferred to the community of Penmynydd; and
b
forms part of the electoral division of Llanfihangel Ysgeifiog.
Cwm Cadnant and Pentraeth — change in community areas and consequential changes to electoral arrangements
8
The part of the community of Cwm Cadnant shown hatched on Map C —
a
is transferred to the community of Pentraeth; and
b
forms part of the electoral division of Pentraeth.
9
The community wards of the community of Cwm Cadnant are abolished and the number of community councillors to be elected for the community of Cwm Cadnant is 12.
Llanfair-Mathafarn-Eithaf and Pentraeth — change in the community areas and consequential changes to electoral arrangements
10
The part of the community of Llanfair- Mathafarn-Eithaf shown hatched on Map D —
a
is transferred to the community of Pentraeth; and
b
forms part of the electoral division of Pentraeth.
11
In the community of Llanfair-Mathafarn-Eithaf the number of councillors to be elected for the Llanbedrgoch ward is 2.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
23 February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) (England) Regulations 2009 and come into force on 30th October 2009.
Amendment of the Assured and Protected Tenancies (Lettings to Students) Regulations 1998
2
Schedule 2 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 is amended in relation to England by the insertion at the appropriate places of “Beach General Partner Limited” and “Beach Nominee Limited”.
David Lammy
Minister of State
Department for Business, Innovation and Skills
6th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) Regulations 2009 and come into force on 1st September 2009.
Amendment of the Education (Student Support) (European Institutions) ( No. 2) Regulations 2006
2
The Education (Student Support) (European Institutions) (No.2) Regulations 2006 are amended as follows —
a
in regulation 17(3), for “27,115 euro” substitute “28,200 euro”;
b
in regulation 19(4), for “6,000 euro” substitute “5,000 euro if studying at Natolin campus, Poland and 7,000 euro if studying at Bruges campus, Belgium”.
Amendment of the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2008
3
In the Schedule to the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2008 in the entry for Regulation 18(3), for “11,378 euro” substitute “13,450 euro”.
David Lammy
Minister of State
Department for Business, Innovation and Skills
24th June 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Rail Passengers’ Rights and Obligations (Exemptions) Regulations 2009 and come into force on 4th December 2009.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“the Community Regulation” means Regulation
( EC ) No 1371/2007
of the European Parliament and of the Council of 23rd October 2007 on rail passengers’ rights and obligations , and
“domestic rail passenger service” has the meaning given by Article 3(11) of the Community Regulation.
Exemption of domestic rail passenger services from provisions of the Community Regulation
3
1
Subject to paragraph (2), pursuant to Article 2(4) of the Community Regulation, domestic rail passenger services are exempt from the provisions of that Regulation.
2
The exemption in paragraph (1) does not apply in relation to the provisions specified in Article 2(3) of the Community Regulation.
Liability in respect of exempt services
4
1
This paragraph applies when —
a
a person (“A”) is liable to another person (“P”) under the Community Regulation, and
b
a third person (“B”) would, but for the exemption granted in regulation 3(1) , be liable to A in respect of some or all of A’s liability to P.
2
Where paragraph (1) applies, B shall be liable to A in respect of A’s liability to P to the same extent and under the same conditions as if the exemption in regulation 3(1) had not been granted.
Revocation of regulations 2 , 3 and 4
5
Regulations 2 , 3 and 4 shall cease to have effect on 4th December 2014.
Signed by authority of the Secretary of State for Transport
C D Mole
Parliamentary Under Secretary of State
Department for Transport
8th November 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2009 and shall come into force on 11th December 2009.
2
Regulation 2 shall have effect in relation to any time on or after 6th April 2006.
Scheme rule amendments not to require the approval of H M Revenue and Customs
2
1
Any provision (however framed) in the rules of an existing scheme, as they stood immediately before 6th April 2006, to make an amendment to a rule of a scheme which would require the agreement, consent, approval of, or confirmation of continued approval of the scheme by —
a
the Inland Revenue, the Board of Inland Revenue, the Commissioners of Inland Revenue, or any officer of any of them (whether referred to as such or by reference to another title), or
b
Her Majesty’s Revenue and Customs, the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs,
shall be disregarded during the transitional period, to the extent that the provision requires such agreement, consent, approval or confirmation of continued approval of the scheme.
2
In this regulation —
“existing scheme” means a pension scheme to which paragraph 1(1) of Schedule 36 to the Finance Act 2004 applies,
“rules”, in relation to an existing scheme, means the rules (whether contained in the governing instruments or otherwise) of an existing scheme,
“the transitional period”, in relation to an existing scheme, means the period beginning with the 6th April 2006 and ending with the date on which, by virtue of paragraph 3(2) of Schedule 36 to the Finance Act 2004, the modifications in these Regulations cease to have effect.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
19th November 2009


text:
1
This Instrument may be cited as “The Surrey County Council (New Thames Road Bridge, Walton) Scheme 2008 Confirmation Instrument 2009” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Surrey County Council (New Thames Road Bridge, Walton) Scheme 2008 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of Surrey County Council, Legal Services, Room 127, County Hall, Penrhyn Road, Kingston upon Thames, KT1 2DN.
Signed by authority of the Secretary of State for Transport,
J. Blackie
Regional Director Government Office for the North East
21st December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Medical Devices (Fees Amendments) Regulations 2009 and shall come into force on 1st April 2009.
Amendment of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
2
1
The Medical Devices (Consultation Requirements) (Fees) Regulations 1995 are amended as follows.
2
In regulation 3 (fees) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£4,374” substitute “£4,549”; and
ii
in sub-paragraph (b), for “£10,197” substitute “£10,605”;
b
in paragraph (2) —
i
in sub-paragraph (a), for “£865” substitute “£900”; and
ii
in sub-paragraph (b), for “£2,420” substitute “£2,517”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,374” substitute “£4,549”; and
ii
in sub-paragraph (b), for “£10,197” substitute “£10,605”;
d
in paragraph (4) —
i
in sub-paragraph (a), for “£865” substitute “£900”; and
ii
in sub-paragraph (b), for “£2,420” substitute “£2,517”; and
e
in paragraph (5) —
i
in sub-paragraph (a), for “£44,741” substitute “£46,531”; and
ii
in sub-paragraph (b), for “£11,108” substitute “£11,552”.
3
In paragraph (2) of regulation 3A (fees for pre-consultation meetings) —
a
in sub-paragraph (a), for “£792” substitute “£824”;
b
in sub-paragraph (b), for “£1,004” substitute “£1,044”;
c
in sub-paragraph (c), for “£1,373” substitute “£1,428”; and
d
in sub-paragraph (d), for “£1,173” substitute “£1,813”.
Amendment of the Medical Devices Regulations 2002
3
1
The Medical Devices Regulations 2002 are amended as follows.
2
In regulation 54 (fees payable in connection with the designation etc of UK notified bodies) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£900” substitute “£930”; and
ii
in sub-paragraph (b), for “£3,600” substitute “£3,700”;
b
in paragraph (2), for “£1,800” substitute “£1,810”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,400” substitute “£4,500”;
ii
in sub-paragraph (b)(i), for “£7,200” substitute “£7,400”;
iii
in sub-paragraph (b)(ii), for “£5,400” substitute “£5,550”;
iv
in sub-paragraph (b)(iii), for “£3,600” substitute “£3,700”; and
v
in sub-paragraph (c), for “£3,600” substitute “£3,700”; and
d
in paragraph (3A) —
i
in sub-paragraph (a)(i), for “£254” substitute “£261”; and
ii
in sub-paragraph (a)(ii), for “£70.45” substitute “£72.56”.
3
In regulation 55 (fees payable in connection with the designation etc of EC conformity assessment bodies) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£900” substitute “£930”; and
ii
in sub-paragraph (b), for “£3,600” substitute “£3,700”;
b
in paragraph (2), for “£1,800” substitute “£1,810”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,400” substitute “£4,500”;
ii
in sub-paragraph (b), for “£3,600” substitute “£3,700”;
iii
in sub-paragraph (c), for “£1,800” substitute “£1,810”; and
iv
in sub-paragraph (d), for “£3,600” substitute “£3,700”;
d
in paragraph (3A), for “£4,400” substitute “£4,500” and for “£1,800” substitute “£1,810”;
e
in paragraph (3B), for “£3,600” substitute “£3,700” and for “£1,800” substitute “£1,810”;
f
in paragraph (3C), for “£1,800” substitute “£1,810”; and
g
in paragraph (3D) —
i
in sub-paragraph (a)(i), for “£254” substitute “£261”; and
ii
in sub-paragraph (a)(ii), for “£70.45” substitute “£72.56”.
4
In regulation 56 (fees payable in relation to clinical investigation notices), in paragraph (1) —
a
in sub-paragraph (a), for “£2,100” substitute “£2,120” and for “£2,700” substitute “£2,770”; and
b
in sub-paragraph (b), for “£3,000” substitute “£3,020” and for “£4,100” substitute “£4,240”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
9th February 2009
We consent
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2009.
2
These Regulations shall come into force on 6th April 2009 immediately after the coming into force of the Social Security (Contributions) (Re-rating) Order 2009 .
Amendment to the Social Security (Contributions) Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£2.95” substitute “£3.05”.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2009
The Secretary of State concurs.
Signed by authority of the Secretary of State for Works and Pensions.
Rosie Winterton
Minister of State
Department for Work and Pensions
12th March 2009
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 10th March 2009
John O’Neill
Senior Officer of the Department for Social Development.


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No.1 and Saving Provisions) Order 2009.
2
In this Order —
“ the Act ” means the Housing and Regeneration Act 2008; and
“the 1996 Act ” means the Housing Act 1996 .
Commencement of section 314 of, and Schedule 15 to, the Act in relation to England and Wales
2
Section 314 (ineligible persons from abroad: statutory disregards) in so far as it relates to Part 1 of Schedule 15 to the Act (England and Wales) shall come into force on 2nd March 2009 in relation to applications —
a
for an allocation of housing accommodation under Part VI (allocation of housing accommodation) of the 1996 Act, or
b
for accommodation or assistance in obtaining accommodation under Part VII (homelessness) of that Act,
made on or after that date.
Commencement of section 314 of, and Schedule 15 to, the Act in relation to Scotland and Northern Ireland
3
Section 314 in so far as it relates to Part 2 of Schedule 15 to the Act (Scotland and Northern Ireland) shall come into force on 2nd March 2009 in relation to applications —
a
for accommodation or assistance in obtaining accommodation under Part I (provision of housing) or Part II (homeless persons) of the Housing (Scotland) Act 1987 , or
b
for housing assistance under Part II (housing the homeless) of the Housing (Northern Ireland) Order 1988 ,
made on or after 2nd March 2009.
Commencement of consequential amendments and repeals
4
The following provisions of the Act shall come into force on 2nd March 2009 —
a
section 314 in so far as it relates to Part 3 of Schedule 15 (consequential amendments); and
b
section 321(1) and Schedule 16 (repeals and revocations) in so far as they relate to —
i
the repeal of the word “or” after paragraph (e) of section 202(1) of the 1996 Act; and
ii
the repeals relating to the Criminal Justice and Immigration Act 2008 .
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th February 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
2
These Regulations extend to England and Wales.
Amendment of the Police Act 1997 (Criminal Records) Regulations 2002
2
In regulation 4(a) of the Police Act 1997 (Criminal Records) Regulations 2002 for “£31” substitute “£26” (fees for criminal records certificates and enhanced criminal records certificates).
Phil Woolas
Minister of State
Home Office
2nd September 2009


text:
1
This Order may be cited as the Braintree College (Dissolution) Order 2009 and comes into force on 1st January 2010.
2
On 1st January 2010 the corporation is to be dissolved and all of its property rights and liabilities are to be transferred to The Colchester Institute, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2010 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2010;
c
to the transferor were to the corporation; and
d
to the corporation were to The Colchester Institute.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
6th December 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 4 and Transitory Provisions) Order 2009.
2
In this Order —
“ the Act ” means the Housing and Regeneration Act 2008;
“the CNT ” means the Commission for the New Towns;
“the HCA ” means the Homes and Communities Agency;
“the URA ” means the Urban Regeneration Agency; and
“the commencement date” means 1st April 2009.
Commencement of certain provisions of Part 1
2
1
The following provisions of Part 1 of the Act shall come into force on the commencement date —
a
section 32 (recovery etc. of social housing assistance), for the purposes only of enabling the HCA to make a determination under subsection (1) or (8);
b
section 33 (section 32: interest and successors in title), for the purposes only of enabling the HCA to make a determination under subsection (8);
c
subject to paragraph (2), section 34 (determinations under sections 32 and 33);
d
section 36 (information in relation to social housing); and
e
section 58 (index of defined expressions: Part 1), so far as required for the interpretation of provisions commenced by this article.
2
Where it is proposed that a general determination under section 32 or 33 is to relate to social housing assistance to be given to registered providers of social housing, and the consultation on such a determination starts before section 61 of the Act is in force, consultation with such bodies appearing to the HCA to represent the interests of registered social landlords as it considers appropriate shall be treated as satisfying the requirements of section 34(4) of the Act.
3
In paragraph (2) “registered social landlord” means anyone who is registered under section 1 of the Housing Act 1996 (register of social landlords) and in relation to whom the Relevant Authority is the Regulator of Social Housing (in accordance with section 56 of that Act ).
Commencement of provisions relating to abolition of the Commission for the New Towns and the Urban Regeneration Agency
3
1
Paragraphs 2 to 4, 10 to 24, 27, 28, 30 and 32 of Schedule 5 to the Act, and section 50(2) of the Act (abolition of the CNT) so far as it relates to those paragraphs, shall come into force on the commencement date.
2
The provisions of Schedule 8 to the Act listed in paragraph (3), and section 56 of the Act (consequential amendments: Part 1) so far as it relates to those provisions, shall come into force on the commencement date.
3
The provisions of Schedule 8 mentioned in paragraph (2) are paragraphs 4(c) and (d), 13, 19(3)(a) and (b), 20(3), 21(3), 63 in so far as it relates to the repeal of section 158 of, and Schedules 17 and 18 to, the Leasehold Reform, Housing and Urban Development Act 1993 , and 77(3).
Transitory provision: final accounts of the Commission for the New Towns and the Urban Regeneration Agency
4
1
The HCA shall prepare a statement of the accounts of each of —
a
the CNT, and
b
the URA
for the financial year ending on 31st March 2009 (“the final annual accounts”) and the accounts shall be prepared in accordance with the directions issued by the Secretary of State to the CNT and the URA and dated 27th March 2007.
2
The HCA shall send a copy of the final annual accounts to the Comptroller and Auditor General as soon as reasonably practicable after 31st March 2009.
3
The Comptroller and Auditor General shall examine, certify and report on the final annual accounts.
4
As soon as the final annual accounts have been examined, certified and reported on under paragraph (3), the HCA shall send to the Secretary of State a copy of the accounts together with the Comptroller and Auditor General’s report on them.
Transitory provision: final report on the Commission for the New Towns and the Urban Regeneration Agency
5
1
The HCA shall, as soon as reasonably practicable after 31st March 2009, make a report to the Secretary of State on the exercise and performance by the CNT and URA of their respective functions during the financial year ending on 31st March 2009 (“the final report”) and shall include in the report —
a
a copy of the audited final annual accounts for each body; and
b
a copy of the Comptroller and Auditor General’s report on the accounts for each body.
2
The Secretary of State shall lay a copy of the final annual report before each House of Parliament.
Transitory provision: Secretary of State’s accounts for the Commission for the New Towns
6
The Secretary of State shall prepare in respect of the CNT and the financial year ending on 31st March 2009 an account of any sums issued to the Secretary of State and advanced to the CNT under the New Towns Act 1981.
Commencement of certain provisions of Part 2
7
The following provisions of Part 2 of the Act shall come into force on the commencement date —
a
section 93 (general);
b
sections 144 and 145(4) (moratorium), for the purposes only of enabling the Secretary of State to make an order;
c
sections 228(5) and 240(5) (penalty and compensation), for the purposes only of enabling the Secretary of State to make regulations; and
d
sections 234(2) and (4) and 244(2) and (4) (interest), for the purposes only of enabling the Treasury to make regulations.
Commencement of provisions relating to dissolution of the Housing Corporation
8
1
The provisions of Schedule 9 to the Act listed in paragraph (2), and section 277 of the Act (consequential amendments: Part 2) so far as it relates to those provisions, shall come into force on the commencement date.
2
The provisions of Schedule 9 mentioned in paragraph (1) are paragraphs 2(3), 3(3) and 28(3).
Commencement of certain provisions of Part 3
9
Section 309 (former right to buy and other flats: equity share purchases), so far as not already in force, shall come into force on 6th April 2009.
Commencement of certain repeals and revocations
10
Section 321 of, and Schedule 16 to, the Act shall come into force on the commencement date so far as they relate to the repeals and revocations of the following —
Title Repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry for the Housing Corporation and the entries for, and Notes relating to, the Commission for the New Towns and the Urban Regeneration Agency. National Loans Act 1968 (c. 13) In Schedule 1, in the entry relating to the New Towns Act 1981 (c. 64) –
in column 1, the words “(5)(6)”,
in column 2, the words “and the Commission for the New Towns”.
House of Commons Disqualification Act 1975 (c. 24) In Part 2 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency. Northern Ireland Assembly Disqualification Act 1975 (c.25) In Part 2 of Schedule 1, the entry relating to the Urban Regeneration Agency. Race Relations Act 1976 (c.74) In Part 2 of Schedule 1A, the entry relating to English Partnerships. New Towns Act 1981 (c.64) Section 35.
In section 58 —
in the heading, the words “and Commission”,
subsections (5) and (6).
In section 58A —
in the heading, the words “and Commission”,
subsections (4) and (5).
In section 59 —
in the heading, the words “and Commission”,
in subsection (1), the words “or the Commission” where they first appear,
in subsection (2), the words “or the Commission”.
In section 60 —
in the heading, the words “and Commission”,
in subsection (1), paragraph (c) and the word “and” following it,
subsection (4).
In section 61(2), the words “, (5) or (6)”.
Section 62B.
In section 63 —
in subsection (1), the words “or the Commission”,
in subsection (2), the words “or the Commission, as the case may be”.
In section 67 —
in the heading, the words “Commission and”,
in subsection (1), the words “The Commission and”,
in subsection (1)(b), the word “respectively”,
also in subsection (1)(b), the words from “being, in the Commission’s case” to the end of the subsection,
subsection (1A),
in subsection (2), the words “of the Commission and”,
in subsection (2), wherever appearing, the words “or the Commission”,
in subsection (3), the words “the Commission or”.
In section 68 —
in subsection (1), the words from “of the Commission” to “and the accounts”,
in subsection (1), the words “Commission or”,
subsection (2A).
In section 69 —
in subsection (1), paragraph (a) and the word “and” following it,
in subsection (1), the words from “and directions under” to the end,
in subsection (2), paragraph (a) and the word “and” following it.
In section 70 —
paragraph (a),
the words “of the Commission or”.
In section 71(2), the words “the Commission and”.
In section 77(3), the words “and paragraph 7 of Schedule 9 to this Act”.
In section 80(1) —
the definition of “the Commission”,
in the definition of “financial year”, the words “or the Commission”.
Schedule 9.
In Schedule 11 —
in the italic heading before paragraph 3, the words “to Commission and”,
paragraphs 3 and 5,
paragraph 12 and the italic heading before it.
New Towns and Urban Development Corporations Act 1985 (c. 5) In Schedule 3, paragraphs 3, 8(b) and 12(1)(b). Local Government and Housing Act 1989 (c. 42) In Schedule 11, paragraph 58 and the italic heading before it. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) Section 158.
Schedules 17 and 18.
New Towns (Amendment) Act 1994 (c. 5) The whole Act. Local Government (Wales) Act 1994 (c. 19) In Schedule 16, paragraphs 63(5) and 104 and the italic heading before paragraph 104. Housing Act 1996 (c. 52) In Schedule 18, paragraph 22(1)(f). Housing Grants, Construction and Regeneration Act 1996 (c. 53) Section 145. Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entries relating to the Commission for the New Towns, the Housing Corporation and the Urban Regeneration Agency. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 ( S.I. 2003/1326 ) Article 11(2), (3) and (4)(a).
Article 18 and the heading before it.
Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 ( S.I. 2007/2194 ) In Schedule 4, paragraph 83 and the heading before it.
Signed by authority of the Secretary of State for Communities and Local Government
K. Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th March 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 2009 and shall come into force on 7th September 2009.
2
These Regulations apply in relation to the granting of a long tenancy for a house in England at any time after the coming into force of these Regulations except where such tenancy arises from a written agreement for the grant of that tenancy made before the coming into force of these Regulations.
Interpretation
2
In these Regulations “the Act” means the Leasehold Reform Act 1967.
Meaning of “market value price”, etc
3
1
For the purposes of these Regulations, “market value price” means the amount which the interest in the house of the tenant would fetch, if sold on the open market by a willing vendor, on the assumption that the tenant had previously purchased 100 per cent of the shares in the house, disregarding the following matters —
a
any mortgage of the tenant’s interest;
b
any interest in or right over the house created by the tenant;
c
any improvement made by the tenant or any predecessor in title of the tenant; and
d
any failure by the tenant or any predecessor in title of the tenant to carry out any repairing obligations under the lease.
2
Subject to paragraph (3), the market value price shall be agreed between the landlord and the tenant, or determined in a manner agreed between them..
3
Where the landlord and tenant are unable to agree the manner in which the market value price should be determined they may appoint an independent expert to determine the price.
4
If the landlord and tenant are unable to agree on the person to be appointed, either party may apply to the President of the Royal Institution of Chartered Surveyors for the market value price to be determined by the President or such person as he may nominate.
Prescribed condition under paragraph 3A(1)(b) of Schedule 4A to the Act
4
The condition prescribed under paragraph 3A(1)(b) of Schedule 4A to the Act is that the lease must set out the amount of any rent payable and the basis for calculating or determining any increase in the rent payable.
Acquisition of additional shares in the house: requirements prescribed under paragraph 3A(2)(c) of Schedule 4A to the Act
5
1
The following requirements are prescribed under paragraph 3A(2)(c) of Schedule 4A to the Act for the purposes of paragraph 3A(1)(a) of that Schedule.
2
The tenant is to be entitled to acquire additional shares in the house, up to a maximum of 100 per cent, in instalments of 25 per cent or such lesser percentage as may be specified in the lease.
3
If the lease specifies the date after which the tenant may acquire additional shares in the house, such date must not be later than 12 months after the date the tenant first acquired shares in the house.
4
The tenant is to be able to exercise the entitlement to acquire additional shares in the house by serving notice in writing on the landlord at any time during the term of the lease, stating the additional shares the tenant proposes to acquire.
5
Where the tenant serves a notice under paragraph (4) the landlord must not act in a way that would unreasonably delay the acquisition by the tenant of the additional shares.
6
The price for the additional shares is to be an amount no greater than the same percentage of the market value price at the date of service of the tenant’s notice under paragraph (4) as is represented by the percentage of the additional shares being acquired.
7
The rent payable by the tenant to the landlord under the lease (excluding amounts payable, directly or indirectly, for services, repairs, maintenance, insurance, or management costs) is to be reduced, on the tenant’s acquisition of additional shares, in the same proportion as is represented by the reduction in the percentage of shares remaining un-acquired by the tenant.
Payment for outstanding shares in the house: circumstances prescribed under paragraph 3A(2)(e) of Schedule 4A to the Act
6
1
The circumstances prescribed under paragraph 3A(2)(e) of Schedule 4A to the Act for the purposes of paragraph 3A(1)(a) of that Schedule are that the lease must provide —
a
that there shall have been a disposal, other than an exempt disposal, of any interest in the house by the tenant; and
b
that the amount payable by the tenant to the landlord is to be an amount no greater than the same percentage of the market value price at the date of the disposal as is represented by the percentage of the shares in the house remaining un-acquired by the tenant.
2
In paragraph (1) “exempt disposal” means —
a
a disposal under a will or intestacy;
b
a disposal under section 24 of the Matrimonial Causes Act 1973 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 ;
c
a grant of a sub-tenancy in respect of which a notice has been given under section 52(1)(b) of the Housing Act 1980 (notice that a tenancy is to be a protected shorthold tenancy) or of a kind mentioned in any of Cases 11 to 18 or 20 in Schedule 15 to the Rent Act 1977 ;
d
a grant of a sub-tenancy of part of the house, if any other part of the house remains in the possession of the tenant; or
e
a grant of a mortgage.
Acquisition of the landlord’s interest in the house: requirements prescribed under paragraph 3A(2)(f) of Schedule 4A to the Act
7
1
The following requirements are prescribed under paragraph 3A(2)(f) of Schedule 4A to the Act for the purposes of paragraph 3A(1)(a) of that Schedule.
2
The lease must provide that the tenant may not acquire the landlord’s interest until the tenant has acquired 100 per cent of the shares in the house.
3
If the lease specifies the date after which the tenant may acquire the landlord’s interest, such date must not be later than 12 months after the date the tenant first acquired shares in the house.
4
Where the lease does not provide for the landlord’s interest to be transferred automatically to the tenant once the tenant has acquired 100 per cent of the shares in the house, it must provide for the tenant to acquire the landlord’s interest —
a
by serving notice in writing on the landlord at any time during the term of the lease; and
b
requiring the landlord’s interest to be transferred to the tenant as soon as practicable after the coming into effect of the notice referred to in sub-paragraph (a).
5
The lease must not make provision entitling the landlord to make any charge for the conveyance or assignment of his interest in the house.
Protected areas: conditions prescribed under paragraph 4A(1)(c) of Schedule 4A to the Act
8
1
The following conditions are prescribed under paragraph 4A(1)(c) of Schedule 4A to the Act.
2
The lease must contain a condition enabling the tenant to acquire at least 80 per cent of the total shares in the house.
3
If the lease enables the tenant to acquire more than 80 per cent of the shares in the house the lease must also contain conditions to the effect that where the tenant holds more than 80 per cent of the shares and wants to sell those shares —
a
except in the circumstances described in paragraph (4)(h), the tenant must sell the shares to the landlord, or to a housing association or registered social landlord nominated by the landlord; and
b
on a sale of the shares the landlord, nominated housing association or nominated registered social landlord, as the case may be, must pay to the tenant an amount no greater than the same percentage of the market value price at the date of service of the tenant’s notice under sub-paragraph (4)(e) as is represented by the percentage of the shares being sold.
4
Where the lease contains conditions to the effect specified in paragraph (3) the lease must also —
a
specify the circumstances in which the tenant may notify the landlord of the tenant’s intention to sell the shares in the house;
b
require the tenant to notify the landlord that the tenant intends to sell those shares;
c
specify the time by which the landlord must respond to the tenant’s notice of intended sale, which must be no later than 3 months after the date of receipt by the landlord of the tenant’s notice;
d
specify that the landlord’s response —
i
will confirm that the landlord will purchase the shares; or
ii
will state the name, address and contact details of the housing association or registered social landlord nominated by the landlord to purchase the shares;
e
specify that the landlord, the nominated housing association or the registered social landlord will complete the purchase of the tenant’s shares no later than 6 months after the date of receipt by the landlord, the nominated housing association or the nominated registered social landlord of the tenant’s notice that the tenant is ready to sell the tenant’s shares specified in the notice referred to in sub-paragraph (b);
f
prohibit the tenant from giving the notice referred to in sub-paragraph (e) until the market value price has been ascertained in accordance with regulation 3;
g
specify the manner in which notices referred to in this regulation may be served, including any circumstances in which service shall be deemed to have taken place; and
h
specify the remedies available to the tenant in the event of a failure by the landlord, the nominated housing association or the nominated registered social landlord to complete the purchase of the tenant’s shares in the house in accordance with the conditions of the lease, which must include enabling the tenant —
i
to dispose of the shares as the tenant sees fit; and
ii
to recover from the landlord compensation for any loss occasioned by the tenant as a result of delay or failure on the part of the landlord, the nominated housing association or the nominated registered social landlord to complete the purchase in accordance with the conditions of the lease.
5
The lease must contain conditions to the effect that —
a
the landlord may not nominate a housing association or registered social landlord to purchase the tenant’s shares unless that housing association or registered social landlord has confirmed in writing to the landlord that it wishes to be nominated to purchase the tenant’s shares; and
b
where a housing association or registered social landlord has been nominated by the landlord, the housing association or registered social landlord will be substituted for the landlord during the process of acquiring the tenant’s shares (whether or not the tenant’s shares are acquired by the nominated association or landlord) and, in particular, will be subject to the same conditions as would apply to the landlord if the landlord were purchasing the shares, with the exception of that referred to in paragraph (4)(h)(ii).
6
A lease granted by a person other than a housing association or registered social landlord must set out the amount of any rent payable and the basis for calculating or determining any increase in the rent payable.
7
In this regulation a “registered social landlord” is a landlord that is registered as a social landlord in England under Part 1 of the Housing Act 1996 .
Protected areas: acquisition of additional shares in the house - requirements prescribed under paragraph 4A(2)(c) of Schedule 4A to the Act
9
1
The following requirements are prescribed under paragraph 4A(2)(c) of Schedule 4A to the Act for the purposes of paragraph 4A(1)(a) of that Schedule.
2
The tenant is to be entitled to acquire additional shares in the house, up to the maximum specified in the lease (being not less than 80 per cent of the total shares in the house), in instalments of 25 per cent or such lesser percentage as may be specified in the lease.
3
If the lease specifies the date after which the tenant may acquire additional shares in the house, such date must not be later than 12 months after the date the tenant first acquired shares in the house.
4
The tenant is to be able to exercise the entitlement to acquire additional shares in the house by serving notice in writing on the landlord at any time during the term of the lease, stating the additional shares the tenant proposes to acquire.
5
Where the tenant serves a notice under paragraph (4) the landlord must not act in a way that would unreasonably delay the acquisition by the tenant of the additional shares.
6
The price for the additional shares is to be an amount no greater than the same percentage of the market value price at the date of service of the tenant’s notice under paragraph (4) as is represented by the percentage of the additional shares being acquired.
7
The rent payable by the tenant to the landlord under the lease (excluding amounts payable, directly or indirectly, for services, repairs, maintenance, insurance, or management costs) is to be reduced, on the tenant’s acquisition of additional shares, in the same proportion as is represented by the reduction in the percentage of shares remaining un-acquired by the tenant.
Protected areas: payment for outstanding shares in the house - circumstances prescribed under paragraph 4A(2)(e) of Schedule 4A to the Act
10
1
The circumstances prescribed under paragraph 4A(2)(e) of Schedule 4A to the Act for the purposes of paragraph 4A(1)(a) of that Schedule are that the lease must provide —
a
that there shall have been a disposal, other than an exempt disposal, of any interest in the house by the tenant; and
b
that the amount payable by the tenant to the landlord is to be an amount no greater than the same percentage of the market value price at the date of the disposal as is represented by the percentage of the shares in the house remaining un-acquired by the tenant.
2
In paragraph (1) “exempt disposal” means —
a
a disposal under a will or intestacy;
b
a disposal under section 24 of the Matrimonial Causes Act 1973 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 ;
c
a grant of a sub-tenancy in respect of which a notice has been given under section 52(1)(b) of the Housing Act 1980 (notice that a tenancy is to be a protected shorthold tenancy) or of a kind mentioned in any of Cases 11 to 18 or 20 in Schedule 15 to the Rent Act 1977 ;
d
a grant of a sub-tenancy of part of the house, if any other part of the house remains in the possession of the tenant; or
e
a grant of a mortgage.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister for Housing and Planning
Department for Communities and Local Government
4th August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009 and come into force on 13th August 2009.
Interpretation
2
In these Regulations––
“ EC certificate of conformity” has the meaning given in regulation 3 of the Motor Cycles Etc (EC Type Approval) Regulations 1999 ;
“enforcement authority” means the Secretary of State;
“original replacement catalytic converter” has the meaning given by section 1.6 of Annex I to the Vehicle Emissions Chapter;
“replacement catalytic converter” has the meaning given in section 1.5 of Annex I to the Vehicle Emissions Chapter;
“relevant vehicle” means a vehicle which is subject to an EC certificate of conformity where that certificate was issued in consequence of the vehicle satisfying the requirements of the Vehicle Emissions Chapter;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply; and
“the Vehicle Emissions Chapter” means Chapter 5 of Directive 97/24/EC of the European Parliament and of the Council .
Application to second-hand catalytic converters
3
The prohibitions imposed by regulations 4(1) and 5(1) do not apply in respect of —
a
a catalytic converter, or
b
an assembly of catalytic converters,
which is second-hand.
Prohibition on the supply of certain catalytic converters
4
1
No person shall supply for installation on a relevant vehicle —
a
a catalytic converter, or
b
an assembly of catalytic converters,
intended to be used as a replacement part unless it complies with paragraph (2) or (3).
2
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 5.2.1 of Annex I to the Vehicle Emissions Chapter; and
b
is accompanied by the information which is specified in section 5.2.2 in the format specified in section 5.2.2.5 of that Annex.
3
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 4 of Annex VII to the Vehicle Emissions Chapter; and
b
is accompanied by the information which is specified in section 7.1 in the format specified in section 7.2 of that Annex.
Prohibition on the installation of certain catalytic converters
5
1
No person shall install on a relevant vehicle —
a
a catalytic converter, or
b
an assembly of catalytic converters,
intended to be used as a replacement part unless it complies with paragraph (2) or (3).
2
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is an original replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 5.2.1 of Annex I to the Vehicle Emissions Chapter; and
b
is covered by section 4a of the component type-approval certificate (referred to in Annex VI to the Vehicle Emissions Chapter) issued in respect of the type of vehicle on which it is being installed.
3
The requirements of this paragraph are that the catalytic converter or assembly of catalytic converters is a replacement catalytic converter which —
a
has been clearly and indelibly marked in accordance with section 4 of Annex VII to the Vehicle Emissions Chapter; and
b
is being installed on a vehicle of a type covered by point 5 of the type-approval certificate (referred to in Appendix 2 to Annex VII to the Vehicle Emissions Chapter) issued in respect of that replacement catalytic converter.
Offences and enforcement
6
1
It shall be the duty of the enforcement authority to enforce these Regulations.
2
The Schedule shall have effect with regard to offences, enforcement and other matters.
3
Except in paragraph 3(2), a reference in the Schedule to an officer is a reference to any person authorised by the enforcement authority to assist the authority in enforcing these Regulations.
4
Proceedings for an offence under these Regulations shall not be brought except by the enforcement authority.
5
But nothing in these Regulations shall authorise the enforcement authority to bring proceedings in Scotland for an offence.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
14th July 2009


text:
Commencement and citation
1
These Regulations may be cited as the Valuation Tribunal for England (Membership and Transitional Provisions) (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
Amendment of Regulations
2
The Valuation Tribunal for England (Membership and Transitional Provisions) Regulations 2009 are amended, in regulation 5 (disqualification: general), in paragraph (1)(b), by the substitution, for the words from “Valuation” to the end, of “ VTE ’s staff” .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister for Housing and Planning
Department for Communities and Local Government
26th September 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) (Amendment) Regulations 2009 and shall come into force on 1st December 2009.
2
These Regulations have effect for the tax year 2006-07 and subsequent tax years.
Amendment of the Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) Regulations 2007
2
The Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) Regulations 2007 are amended as follows.
Excluded benefits
3
For regulation 3(2)(a) of those Regulations (“qualifying person”) substitute —
a
in the case of the benefits described in the following paragraphs of the Schedule, the employee: paragraph 2 (accommodation provided for performance of duties – employees), paragraph 16 (equipment for disabled employees) and paragraph 17 (health-screening and medical check-ups),
.
Exclusion of health-screening and medical check-ups
4
At the end of Part 3 of the Schedule to those Regulations (other benefits) add —
Health-screening and medical check-ups
17
1
The provision of a health-screening assessment or medical check-up if —
a
no liability to income tax would have arisen by virtue of section 320B of ITEPA 2003 if it had been provided in the course of the employee’s employment; and
b
at least one health-screening assessment or medical check-up (as defined in that section) had been provided to the employee in the course of the employee’s employment.
2
A health-screening assessment or medical check-up that was provided during the tax year 2006-07, 2007-08 or 2008-09 shall be taken to satisfy the condition in sub-paragraph (1)(a) if it would have satisfied that condition if section 320B of ITEPA 2003 had had effect for the tax year concerned.
Mike Eland
Steve Lamey
Two Commissioners for Her Majesty’s Revenue and Customs
28th October 2009