text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011 and shall come into force on 11th August 2011.
2
In these Regulations —
“the further notice” means a notice given by an individual to a scheme administrator in accordance with regulation 4;
“the notice” means a notice given by an individual to a scheme administrator in accordance with section 237B(3) of the Finance Act 2004; and
“relevant tax year” means the tax year to which the notice relates.
Particulars to be included in the notice
2
1
An individual must include the following particulars in the notice —
a
the individual’s title, full name and address (including post code, if applicable),
b
the individual’s national insurance number, subject to paragraph (4),
c
the amount of the annual allowance charge for which the individual and the scheme administrator will be jointly and severally liable, and
d
the tax year in which the annual allowance charge arises.
2
Where the amount specified in the notice is £2,000 or less, the individual must confirm in the notice that the amount of the individual’s liability to the annual allowance charge for the relevant tax year exceeds £2,000.
3
Where the notice is given to the scheme administrator in the relevant tax year and it is anticipated that in the relevant tax year —
a
the individual will become entitled to all of the benefits under the pension scheme to which the notice relates (“the relevant scheme”), or
b
benefit crystallisation events 5, 5A or 5B will occur in relation to the individual under the relevant scheme,
the individual must state in the notice the date on which it is anticipated that the event specified in sub-paragraph (a) or (b) will occur.
4
Where the individual does not qualify for a national insurance number the individual must set out in the notice the reasons for this in place of the national insurance number.
5
The notice must be in writing, signed and dated by the individual.
6
Where the notice is in an electronic format, the requirement in paragraph (5) that the notice must be signed will be satisfied if the notice includes a statement that the individual has personally submitted the notice.
Declaration to be included in the notice
3
1
The individual must declare in the notice that the individual understands that —
a
the notice cannot be revoked, and
b
future benefits to be paid to the individual from the pension scheme will be adjusted to take account of the payment of the annual allowance charge made by the scheme administrator.
2
The individual must declare that the amount specified in the notice has been calculated at the correct relevant rate as described in section 237B(4) of the Finance Act 2004.
Amendment to the notice
4
1
Where the individual’s liability to the annual allowance charge in relation to the relevant tax year changes after the submission of the notice to the scheme administrator, the individual may amend the notice by sending a further notice to the scheme administrator.
2
The further notice must comply with regulations 2 and 3.
3
The further notice must be given to the scheme administrator no later than 31st July following the end of the period of 4 years beginning with the last day of the relevant tax year.
Acknowledgement of receipt of the notice and further notice
5
A scheme administrator must send an acknowledgement to the individual upon receipt of the notice or further notice.
Melanie Dawes
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2011


type: legislation

jurisdiction: UK

text:
PART 1 Introduction
Citation, commencement and application
1
These Regulations —
a
may be cited as the Animal By-Products (Enforcement) (England) Regulations 2011;
b
come into force on 23rd March 2011; and
c
apply in England.
Interpretation
2
1
In these Regulations —
“ EU Control Regulation ” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) ;
“ EU Implementing Regulation ” means Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive as amended from time to time;
“animal by-product requirement” has the meaning given in regulation 17(2) ;
“authorised person” means a person authorised under regulation 22 ;
“competent authority” has the meaning given in regulation 3 ;
“enforcement authority” means a body exercising functions under regulation 21(1) or (2) ;
“premises” includes —
any land, building, shed or pen;
any receptacle or container;
any ship; or
a vehicle of any description;
“ship” includes a hovercraft, submersible craft or any other floating craft but not a vessel which —
permanently rests on or is permanently attached to the seabed; or
is an installation within section 16 of the Energy Act 2008 .
2
Expressions used in these Regulations that are also used in the EU Control Regulation or the EU Implementing Regulation have the same meaning in these Regulations as they have in the EU Control Regulation or in the EU Implementing Regulation.
PART 2 The competent authority and miscellaneous provisions
The competent authority
3
The competent authority for the purposes of the EU Control Regulation and the EU Implementing Regulation is the Secretary of State.
Access
4
In relation to a prohibition on feeding in Article 11(1)(a), (b) or (d) (restrictions on use) of the EU Control Regulation, the requirements of regulations 5 and 6 apply.
5
1
Animal by-products, including catering waste, must not be brought on to any premises if farmed animals would have access to such animal by-products.
2
Paragraph (1) does not apply to derived products, except for —
a
products derived from catering waste; or
b
meat and bone meal derived from Category 2 material and processed animal proteins intended to be used as or in organic fertilisers and soil improvers that do not comply with the requirements of Article 32(1)(d) (placing on the market and use) of the EU Control Regulation.
6
A carcase or part of a carcase of any farmed animal that has not been slaughtered for human consumption must be held, pending consignment or disposal, in such manner as to ensure that any animal or bird will not have access to it.
Use of organic fertilisers and soil improvers
7
1
Where organic fertilisers or soil improvers are applied to land, no person may allow pigs to have access to that land or to be fed cut herbage from such land for a period of 60 days beginning with the application of the organic fertiliser or soil improver.
2
Paragraph (1) does not apply to the following organic fertilisers or soil improvers —
a
manure;
b
milk;
c
milk-based products;
d
milk-derived products;
e
colostrum;
f
colostrum products; or
g
digestive tract content.
Collection centres
8
A processing plant for Category 2 material which is approved for the purpose of being a collection centre for Category 2 material is authorised as a collection centre.
Remote areas
9
The following areas are remote areas for the purposes of Article 19(1)(b) of the EU Control Regulation (collection, transport and disposal) —
a
Lundy Island;
b
the Isles of Scilly;
c
the Isle of Wight.
Placing on the market
10
The placing on the market of untreated wool and untreated hair from farms or from establishments or plants is authorised except where they present a risk of any disease communicable through those products to humans or animals.
PART 3 Registration and approval
Procedure for registration of plants and establishments
11
A notification must be made in writing to the competent authority, where it is made —
a
with a view to registration in accordance with Article 23(1) (registration of operators, establishments or plants) of the EU Control Regulation; or
b
to inform the authority of changes in accordance with Article 23(2) of that Regulation.
Notifications of competent authority in respect of registration
12
The competent authority must give notice in writing to —
a
the operator who has notified in accordance with regulation 11 , of —
i
the registration of such an operator; or
ii
the decision not to register;
b
a registered operator, of —
i
a prohibition made under Article 46(2) (prohibition on operations) of the EU Control Regulation;
ii
a requirement to comply with Article 23(1)(b) or (2) of the EU Control Regulation (information on activities and up-to-date information);
iii
the amendment of the registration or the ending of the registration where an operator has notified the competent authority of the closure of an establishment in accordance with Article 23(2) (up to date information) of the EU Control Regulation.
Procedure for approval
13
Operators to whom Article 24(1) (approval of establishments or plants) of the EU Control Regulation applies, must apply in writing to the competent authority to be approved, including approval after the grant of temporary approval where Article 33 of the EU Implementing Regulation (re-approval of plants and establishments after the grant of temporary approval) applies.
Notification in respect of decisions on approval
14
The competent authority must give notice in writing to —
a
the applicant for approval, of the —
i
grant of approval in accordance with Articles 24 (approval) and 44 (procedure for approval) of the EU Control Regulation;
ii
grant of conditional approval in accordance with Articles 24 and 44 of the EU Control Regulation, or the extension of such approval in accordance with that Article; or
iii
refusal to grant approval in respect of an initial application or extension;
b
where conditional approval has been granted in accordance with Articles 24 and 44 of the EU Control Regulation, the operator of the plant or establishment subject to such approval, of the —
i
grant of full approval;
ii
extension of such approval;
iii
imposition of conditions in accordance with Article 46(1)(c) (suspensions, withdrawals and prohibitions on operators) of the EU Control Regulation;
iv
suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;
v
withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation;
vi
making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or
vii
refusal to extend or grant full approval; or
c
the operator of an approved plant or establishment, of the —
i
imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation (suspension, withdrawal);
ii
suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;
iii
making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or
iv
withdrawal of such approval in accordance Article 46(1)(b) of the EU Control Regulation.
Reasons for decisions
15
1
Where a decision is made by the competent authority and notified in accordance with regulation 12 or regulation 14 , the competent authority must give reasons in writing for that decision.
2
Paragraph (1) does not apply to decisions notified under —
a
regulation 12(a)(i);
b
regulation 14(a)(i); or
c
regulation 14(b)(i) or (ii).
Appeals procedure
16
1
Where the competent authority has made a notification to which regulation 15(1) applies, a person may appeal against it by making written representations, within 21 days of the notification of that decision, to a person appointed for the purpose by the Secretary of State.
2
The competent authority may also make written representations to the appointed person concerning the decision.
3
The appointed person must then report in writing to the Secretary of State.
4
The Secretary of State must give to the applicant written notification of the final determination of the Secretary of State and the reasons for it.
PART 4 Offences and penalties
Offences in respect of the EU Control Regulation and the EU Implementing Regulation
17
1
A person who fails to comply with an animal by-product requirement commits an offence.
2
“Animal by-product requirement” means any requirement in Column 2 of Schedule 1 to these Regulations as read with the provisions in Column 3 to that Schedule.
Offence of obstruction
18
It is an offence —
a
intentionally to obstruct an authorised person;
b
without reasonable cause, to fail to give to an authorised person any information or assistance or to provide any facilities that such person may reasonably require;
c
knowingly or recklessly to give false or misleading information to an authorised person; or
d
to fail to produce a record or document when required to do so by an authorised person.
Corporate, partnership and unincorporated association offences
19
1
Where —
a
an offence under these Regulations has been committed by a body corporate or a partnership or Scottish partnership or other unincorporated association; and
b
it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a relevant individual (including an individual purporting to act in the capacity of a relevant individual),
the relevant individual as well as the body corporate, partnership, Scottish partnership or unincorporated association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) , “relevant individual” means —
a
in relation to a body corporate —
i
a director, manager, secretary or other similar officer of the body;
ii
where the affairs of the body are managed by its members, a member;
b
in relation to a partnership or Scottish partnership, a partner;
c
in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
3
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.
4
For the purpose of proceedings in paragraph (3) —
a
rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and
b
the following provisions apply as they apply in relation to a body corporate —
i
section 33 of the Criminal Justice Act 1925 ; and
ii
Schedule 3 to the Magistrates’ Courts Act 1980 .
5
A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association
Penalties
20
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.
PART 5 Enforcement
Enforcement authority
21
1
These Regulations are enforced by —
a
the local authority;
b
the port health authority in relation to —
i
the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), or
ii
a port health district constituted by order under section 2(3) of that Act; or
c
the Secretary of State in relation to a food hygiene establishment.
2
Paragraph (1)(a) and (b) does not apply where the Secretary of State directs that the enforcement duty is to be exercised in relation to cases of a particular description or any particular case by the Secretary of State.
3
In paragraph (1)(a) “local authority” means —
a
where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994 , that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county or the council of a district within the county area;
iii
in each London borough, the council of that borough;
c
in the City of London, the Common Council; or
d
the Council of the Isles of Scilly.
4
In paragraph (1)(b) “port health authority” means —
i
in relation to the London port health district, the Common Council of the City of London; or
ii
in relation to any other port health district, the port health authority for that district.
5
In paragraph (1)(c) , “food hygiene establishment” means an establishment referred to in regulation 5(2) of the Food Hygiene (England) Regulations 2006 in respect of which the Food Standards Agency has enforcement functions under those Regulations.
Authorised person
22
An enforcement authority may authorise in writing such persons as the authority considers appropriate to act for the purpose of enforcing these Regulations.
Powers of entry and additional powers
23
1
An authorised person may, on production of that person’s authority if so required —
a
enter and inspect premises (except a dwelling-house) at all reasonable hours;
b
take such other persons and any equipment or materials as necessary;
c
make such examination or investigation as necessary;
d
direct that the premises, or part of them, are left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c) ;
e
take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c) ;
f
in the case of any article or substance found in or on the premises —
i
take samples;
ii
test or subject it to any process, where it appears that it has caused or is likely to cause harm to human health or to the health of animals or plants;
iii
take possession of it and retain it for so long as is necessary —
aa
to examine it and to exercise the power within paragraph (ii) ;
bb
to ensure that it is not tampered with before examination of it is completed; and
cc
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
g
require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records which it is necessary to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
h
require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred by this regulation; or
i
mark any animal or animal by-product as the authorised person considers necessary.
2
Where an authorised person proposes to exercise the power in paragraph (1)(f)(ii) , the authorised person must —
a
if so requested by a person who at the time is present and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in that person’s presence;
b
consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which is proposed under that power.
3
Where an authorised person in respect of the power in paragraph (1)(f)(iii) —
a
proposes to exercise that power, the authorised person must, if it is practicable to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it; or
b
exercises that power, the authorised person must leave a notice giving particulars of the article or substance sufficient to identify it and stating that possession has been taken, such notice to be left either —
i
with a responsible person; or
ii
if that is impracticable, fixed in a conspicuous place at those premises.
4
Nothing in this regulation compels the production by any person of a document which that person would be entitled to withhold production of on the grounds of legal professional privilege on an order for discovery in an action in the High Court.
Warrant
24
1
If, in relation to the power to enter premises under regulation 23 , a justice of the peace, on written information on oath —
a
is satisfied that there are reasonable grounds to believe that any information or material relevant to the examination or investigation under regulation 23(1)(c) is on any such premises; and
b
is satisfied that —
i
entry to such premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or
ii
an application for entry, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that such premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant, which continues in force for a period of one month, authorise an authorised person to enter the premises, if necessary by force.
2
If, in relation to a dwelling-house, a justice of the peace on written information on oath —
a
is satisfied that there are reasonable grounds to believe that information or material relevant to an examination or investigation for the purpose of enforcing the EU Control Regulation, the EU Implementing Regulation and these Regulations is on such premises; and
b
is satisfied that —
i
entry to such premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or
ii
an application for entry, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that such premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant, which continues in force for a period of one month, authorise an authorised person to enter such premises, if necessary by force, and inspect them.
3
Where an authorised person has been authorised under paragraph (2) to enter by warrant, the authorised person has the powers in regulation 23(1)(b) to (i) .
Notices served by an authorised person
25
1
An authorised person may serve a notice in accordance with paragraph (2) where that person —
a
considers that there is a contravention of, or failure to comply with an animal by-product requirement; or
b
reasonably suspects that as a result of such contravention or failure to comply, premises constitute a risk to human or animal health.
2
Notices may be served on the occupier of any premises, or the person in charge of the premises —
a
requiring the disposal and, where applicable, storage pending such disposal of —
i
animal by-products and derived products;
ii
material in premises to which paragraph (1)(b) applies;
b
requiring the cleansing and disinfection of premises to which paragraph (1)(b) applies and, where applicable, specifying the method for such cleansing and disinfection;
c
prohibiting animal by-products and derived products being —
i
moved in or brought on to premises;
ii
moved in or brought on to premises unless in accordance with conditions specified in the notice, including a condition as to the satisfactory completion of the cleansing and disinfection in accordance with a notice as provided in sub-paragraph (b) .
3
A notice served under paragraph (2) must be complied with at the expense of the person on whom the notice is served and, if it is not complied with, an authorised person may arrange for it to be complied with at the expense of that person.
4
Paragraph (1) does not apply where Article 46(1) (suspensions, withdrawals and prohibitions on operations) of the EU Control Regulation applies.
Power to disclose information for enforcement purposes
26
1
This regulation applies to information received by an enforcement authority or an authorised person in the course of enforcing these Regulations.
2
That person may disclose the information to any comparable enforcement authority or authorised person (appointed elsewhere within the United Kingdom to enforce the EU Control Regulation and the EU Implementing Regulation) for the purposes of their enforcement role.
3
For the purposes of this regulation, “an enforcement authority” includes the Food Standards Agency.
PART 6 Consequential amendments
Consequential amendments
27
Schedule 2 to these Regulations provides for consequential amendments.
PART 7 Revocations and transitional provision
Revocations
28
The following instruments are revoked —
a
the Animal By-Products Regulations 2005 ;
b
the Avian Influenza (H5N1) (Miscellaneous Amendments) Order 2007 ; and
c
the Animal By-Products (Amendment) Regulations 2009 .
Transitional provision
29
1
The collection, transport and disposal of Category 3 material in Article 10(f) of the EU Control Regulation (Category 3 material) is authorised for the period ending on 31 December 2012, where the requirements of paragraph (2) are satisfied.
2
The requirements are —
a
the material satisfies Article 36(3) of, and paragraphs (a) to (c) of Chapter 4 of Annex 6 to, the EU Implementing Regulation; and
b
the means of disposal for such material, in addition to the means in Article 14 of the EU Control Regulation (disposal and use of Category 3 material), are disposal —
i
in an authorised landfill without prior processing; or
ii
where Article 21 of the EU Control Regulation is satisfied, to a biogas or composting plant for transformation in accordance with an authorisation under paragraph 2 of Section 2 of Chapter 3 of Annex 5 to the EU Implementing Regulation.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
21st March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Education (Head Teachers’ Qualifications) (England) (Amendment) Regulations 2011 and come into force on 1st April 2011.
Amendment of the Education (Head Teachers’ Qualifications) (England) Regulations 2003
2
In regulation 5(2)(c) of the Education (Head Teachers’ Qualifications) (England) Regulations 2003 , for “80A or 80B of the Employment Rights Act 1996” substitute “80A, 80AA, 80B or 80BB of the Employment Rights Act 1996”.
Nick Gibb
Minister of State
Department for Education
2nd March 2011


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Returning Officers’ Charges) Order 2011 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“the 1983 Act ” means the Representation of the People Act 1983;
“the 2010 Order ” means the Scottish Parliament (Elections etc.) Order 2010;
“combined” means taken together with another poll under article 13 of the 2010 Order (combination of polls) or section 4 of the Parliamentary Voting System and Constituencies Act 2011 (combination of polls);
“constituency” means a constituency provided for by Schedule 1 to the Scotland Act 1998 ;
“constituency returning officer” means the person who is, in accordance with article 14 of the 2010 Order, the constituency returning officer for a Scottish parliamentary election;
“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998 ; and
“Scottish parliamentary election” means an election for membership of the Scottish Parliament.
2
In this Order, references to section 29 of the 1983 Act (payments by and to returning officer) are to that section as applied and modified by article 18 of the 2010 Order.
Constituency Returning Officers
Overall maximum recoverable amount
3
For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for the constituency returning officer for a constituency is —
a
where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 4 of the table in the Schedule;
b
where the poll at a Scottish parliamentary election is combined, the amount so listed in column 7 of that table; or
c
where the election is uncontested, £1,888.
Maximum recoverable amount for specified services
4
1
For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for the constituency returning officer for a constituency is —
a
where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 2 of the table in the Schedule;
b
where the poll at a Scottish parliamentary election is combined, the amount so listed in column 5 of that table; or
c
where the election is uncontested, £544.
2
The specified services are —
a
conducting the election;
b
discharging the constituency returning officer’s duties at the election; and
c
making arrangements for the election.
Maximum recoverable amount for specified expenses
5
1
For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for the constituency returning officer for a constituency is —
a
where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 3 of the table in the Schedule;
b
where the poll at a Scottish parliamentary election is combined, the amount so listed in column 6 of that table; or
c
where the election is uncontested, £1,344.
2
The specified expenses are —
a
the appointment and payment of persons to assist the constituency returning officer;
b
travel and overnight subsistence for the constituency returning officer and any person appointed to assist the constituency returning officer;
c
the costs of the nomination process;
d
printing or otherwise producing the ballot papers;
e
printing, producing or purchasing postal vote stationery;
f
printing or otherwise producing and arranging for the delivery of poll cards;
g
printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;
h
renting, heating, lighting, cleaning, adapting, or restoring any building or room;
i
providing and transporting equipment;
j
providing information and communications technology equipment and software and associated costs;
k
providing security, including any necessary secure storage of ballot boxes, ballot papers and verification documents;
l
conducting the verification and the count;
m
providing and receiving training; and
n
providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items.
Regional Returning Officers
Overall maximum recoverable amount
6
For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for a regional returning officer is —
a
where the election is contested, £1,255; or
b
where the election is uncontested, £378.
Maximum recoverable amount for specified services
7
1
For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for a regional returning officer is —
a
where the election is contested, £697; or
b
where the election is uncontested, £109.
2
The specified services are —
a
discharging the regional returning officer’s duties at the election; and
b
making arrangements for the election.
Maximum recoverable amount for specified expenses
8
1
For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for a regional returning officer is —
a
where the election is contested, £558; or
b
where the election is uncontested, £269.
2
The specified expenses are —
a
the appointment and payment of persons to assist the regional returning officer;
b
travel and overnight subsistence for the regional returning officer and any person appointed to assist the regional returning officer;
c
printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;
d
renting, heating, lighting, cleaning, adapting or restoring any building or room;
e
providing and transporting equipment;
f
providing training; and
g
providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items including those which are incurred in collating the results of the election.
Revocation
9
The Scottish Parliamentary Elections (Returning Officers’ Charges) Order 2007 is revoked.
Signed by authority of the Secretary of State
DAVID MUNDELL
Parliamentary Under Secretary of State
Scotland Office
Dover House
29 March 2011
We consent
MICHAEL FABRICANT
BROOKS NEWMARK
Two of the Lords Commissioners of Her Majesty’s Treasury
30 March 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011, and come into force on the day after the day on which they are made.
2
In these Regulations, “the 2005 Regulations ” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 .
Specification of an amended approved national allocation plan
2
1
For the purposes of the 2005 Regulations, the document entitled “EU Emissions Trading Scheme: Approved Phase II National Allocation Plan 2008-2012” , as amended and published by the Secretary of State on the day on which these Regulations are made, is specified as the approved national allocation plan for the five year period beginning on 1st January 2008.
2
Regulation 2 of the Greenhouse Gas Emissions Trading Scheme (Miscellaneous Provisions) Regulations 2007 is revoked.
Amendments of the Greenhouse Gas Emissions Trading Scheme Regulations 2005
3
1
The 2005 Regulations are amended as follows.
2
In regulation 2(1) , for the definition of “approved NAP regulations” substitute —
“approved NAP regulations” means, in relation to a scheme phase, regulations in force made by the Secretary of State specifying as the approved national allocation plan —
a national allocation plan developed for that scheme phase which has not been rejected by the European Commission or in relation to which the European Commission has accepted amendments in accordance with Article 9(3) of the Directive ; or
a plan previously so specified which has been amended pursuant to an approval given by the European Commission under Article 24 of the Directive.
.
3
In regulation 21(2) —
a
for sub-paragraph (a) substitute —
a
be based upon the approved national allocation plan for the relevant phase;
; and
b
in sub-paragraph (b), for “the national allocation plan” substitute “that plan”.
4
After regulation 22(1) insert —
1A
However, an operator of an installation may not apply to the regulator under paragraph (1) for an allocation of allowances in respect of the production of nitric acid if any such production has been carried out at the installation prior to 30th June 2010.
.
5
In regulation 27A , after paragraph (2) insert —
2A
An operator may not use CERs or ERUs to comply with an obligation relating to emissions of nitrous oxide.
.
6
In Part 1 of Schedule 1 —
a
at the end of the first column of the table, insert “4.3 Activities of installations for the production of nitric acid”; and
b
at the corresponding place in the second column, insert “Nitrous oxide”.
Transitional provisions
4
1
In this regulation —
a
any reference to a numbered regulation is to that regulation of the 2005 Regulations;
b
“activities” means the activities of an installation in so far as they result in emissions;
c
“application” means an application made for the purposes of paragraph (3);
d
“commencement date” means the day on which these Regulations come into force;
e
“deferred date” means —
i
the day on which the application is determined, or
ii
if no application is made, the last day of the period of 4 weeks beginning with the commencement date;
f
“emissions” means emissions of nitrous oxide;
g
“installation” means an installation for the production of nitric acid;
h
“permit” and “variation of a permit” mean a greenhouse gas emissions permit (or a variation of such a permit) by virtue of which the carrying out of activities is authorised; and
i
“reportable emissions”, “annual reportable emissions” and “Monitoring and Reporting Decision” have the meanings given by regulation 2(1).
2
Paragraphs (3) and (4) apply where activities were being carried out at an installation immediately before the commencement date.
3
If, within a period of 4 weeks beginning with the commencement date, the operator of the installation applies for a permit under regulation 8 or for the variation of a permit under regulation 14, regulation 7 does not apply in relation to the activities until that application is determined (and regulation 7 does not in any event so apply during that period of 4 weeks).
4
During the period beginning with the commencement date and ending with the deferred date, the operator must monitor any reportable emissions from the installation in accordance with the Monitoring and Reporting Decision; and any requirement in the permit to submit a report of annual reportable emissions, or to surrender allowances equal to such emissions, applies to reportable emissions during that period as it applies to such emissions after the deferred date.
5
Any failure to comply with an obligation under paragraph (4) is to be treated, for the purposes of the 2005 Regulations, as a failure to comply with the conditions of a permit.
6
This paragraph applies where the operator of an installation has —
a
monitored the reportable emissions from the installation in accordance with the Monitoring and Reporting Decision during a period beginning before the commencement date;
b
at the time of the operator’s application, notified the regulator of a wish to receive an allocation that is calculated in accordance with paragraph (8); and
c
provided the regulator with such information concerning the monitoring of those emissions as the regulator may reasonably request.
7
Where paragraph (6) does not apply, the number of allowances to be allocated under regulation 21 for emissions of the installation in the year 2011 is
X ( 1 −
Y
275
)
, where —
a
X is the number of allowances that would otherwise be allocated for the emissions in 2011 in accordance with the approved national allocation plan, and
b
Y is the number of days in the period beginning with 1st April 2011 and ending with the day before the commencement date.
8
Where paragraph (6) applies —
a
the number of allowances to be allocated under regulation 21 for emissions of the installation in the year 2011 is
X ( 1 −
Z
275
)
, where —
i
X is the number of allowances that would otherwise be allocated for the emissions in 2011 in accordance with the approved national allocation plan, and
ii
Z is the number of days in the period beginning with 1st April 2011 and ending with the day before the commencement date, other than any day (“early monitoring day”) during which the monitoring referred to in paragraph (6)(a) has taken place; and
b
any requirement in the permit to submit a report of annual reportable emissions, or to surrender allowances equal to such emissions, applies to reportable emissions taking place on an early monitoring day as it applies to such emissions after the deferred date.
Saving provision
5
Except in relation to the allocation of allowances in respect of emissions of nitrous oxide from an installation for the production of nitric acid, any reference in the 2005 Regulations to the date on which the approved NAP regulations in relation to the second scheme phase enter into force continues to be a reference to 1st May 2007 .
Greg Barker
Minister of State
Department of Energy and Climate Change
15th June 2011


text:
Citation
1
This Order may be cited as the Finance Act 2011, Section 43 (Appointed Day) Order 2011.
Appointed day
2
15th September 2011 is the day appointed for the coming into force of section 43 of the Finance Act 2011 (relief for expenditure on R&D by SMEs).
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 2011


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2011 and comes into force on 1st April 2011.
Amendment of the Value Added Tax Act 1994
2
The Value Added Tax Act 1994 is amended in accordance with articles 3 and 4.
3
In Schedule 1 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£70,000” substitute “£73,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£68,000” substitute “£71,000” .
4
In Schedule 3 (registration in respect of acquisitions from other member states) in paragraphs 1(1) and (2) and 2(1)(a) and (b) and (2), for “£70,000” substitute “£73,000” .
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Corporation Tax (Instalment Payments) (Amendment) Regulations 2011 and come into force on 11th August 2011.
2
These Regulations have effect in relation to accounting periods ending on or after 1st January 2011.
Amendment of the Corporation Tax (Instalment Payments) Regulations 1998
2
The Corporation Tax (Instalment Payments) Regulations 1998 are amended as follows.
Substitution of regulation 2
3
For regulation 2 (interpretation) substitute —
Interpretation
2
1
In these Regulations —
“accounting period” shall be construed in accordance with Chapter 2 of Part 2 of CTA 2009 ;
“applicable accounting period” means any accounting period for which bank levy is chargeable in respect of the chargeable period determined in accordance with —
paragraph 50 of Schedule 19 where bank levy is charged in relation to a relevant group; or
paragraph 51 of that Schedule where bank levy is charged in relation to a relevant entity;
“large company” has the meaning given by regulation 3;
“Schedule 18” means Schedule 18 to the Finance Act 1998;
“Schedule 19” means Schedule 19 to the Finance Act 2011 ;
“the bank levy” means the tax charged in accordance with Schedule 19;
“the chargeable period” has the meaning given by paragraph 4 or paragraph 5 of Schedule 19 (as the case may be);
“the relevant entity” has the meaning given by paragraph 5 of Schedule 19;
“the relevant group” has the meaning given by paragraph 4 of Schedule 19;
“the responsible member” has the meaning given by paragraph 54 of Schedule 19;
“the Management Act ” means the Taxes Management Act 1970; and
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
2
References in these Regulations to profits of a company in any accounting period are references to the company’s augmented profits within the meaning given by section 32 of CTA 2010 .
3
References in these Regulations to the total liability of a company for an accounting period are references to the amount of tax payable for that period by the company as calculated in accordance with paragraph 8(1) of Schedule 18.
.
Amendment of regulation 3
4
1
Regulation 3 (large companies) is amended as follows.
2
In paragraph (1) —
a
for “(2)” substitute “(1A)”; and
b
for “relevant maximum amount” substitute “limit”.
3
After paragraph (1) insert —
1A
In relation to any applicable accounting period an entity which is the relevant entity or the responsible member for the purposes of Schedule 19 is a large company for that period for the purposes of these Regulations.
.
4
In paragraph (2) at the end insert —
This paragraph does not apply if a company is the relevant entity or the responsible
member.
.
5
In paragraph (3) at the end insert —
This paragraph does not apply if a company is the relevant entity or the responsible
member.
.
6
In paragraph (3A) for “section 501A of the Taxes Act (supplementary charge in respect of ring fence trades)” substitute “sections 330 (supplementary charge in respect of ring fence trades) and 331 (meaning of “financing costs” etc ) of CTA 2010”.
7
Omit paragraph (4).
8
For paragraph (5) substitute —
5
Sections 24 to 30 of CTA 2010 (the lower limit and the upper limit) shall apply so as to reduce the amount specified in paragraph (3)(a) in accordance with those sections as they apply to reduce the upper and lower limits, except that —
a
the number of associated companies referred to in section 24(3) of CTA 2010 shall be determined by reference to the number existing at the end of the immediately preceding accounting period of the company or, if there is no immediately preceding accounting period or the immediately preceding accounting period did not end on the day before the accounting period concerned commenced, by reference to the number existing at the commencement of the accounting period concerned; and
b
section 434(3A) of the Taxes Act (franked investment income) and section 88(4) of the Finance Act 1989 (corporation tax policy holders’ share of profits) shall be disregarded.
.
9
After paragraph (7) insert —
8
In this regulation “upper limit” and “lower limit” shall be construed in accordance with section 24 of CTA 2010 (the lower limit and the upper limit).
.
Insertion of regulations 4A to 4D
5
After regulation 4 (instalment payments – transitional provision) insert —
Instalment payments – transitional provisions: the bank levy (applicable accounting periods ending on or before 19th July 2011 where company becomes a large company by virtue of regulation 3(1A))
4A
1
This regulation applies if —
a
an entity (“E”) is the relevant entity or the responsible member in relation to an applicable accounting period (“the period”) which ended on or before 19th July 2011;
b
E is a large company for the purposes of these Regulations only by virtue of regulation 3(1A); and
c
accordingly, E would not otherwise be liable to make instalment payments in relation to the period.
2
The total liability of E for the period shall be treated as becoming due and payable in accordance with regulation 5, but this is subject to paragraphs (3) to (5).
3
An instalment payment which apart from this regulation would be treated as becoming due and payable on a date falling before 11th August 2011 shall be treated as not being due and payable.
4
If there is no instalment payment which is treated as becoming due and payable on a date falling on or after 11th August 2011, the total liability of E shall be treated as becoming due and payable on 18th August 2011.
5
If in relation to the period there is an instalment payment which is treated as becoming due and payable on a date falling on or after 11th August 2011, the amount of that instalment payment, or the amount of the first of those instalment payments, shall be increased by the adjustment amount.
6
In paragraph (5) the adjustment amount is the aggregate of the amounts of the instalment payments which would have been treated as being due and payable, on a date falling before 11th August 2011, determined on the basis that —
a
the provisions of Schedule 19 had effect on the date on which each instalment payment would have been treated as becoming due and payable; and
b
paragraph (3) does not apply in relation to each instalment payment.
Instalment payments – transitional provisions: the bank levy (applicable accounting periods ending on or before 19th July 2011 where company is a large company otherwise than by virtue of regulation 3(1A))
4B
1
This regulation applies if —
a
an entity (“E”) is the relevant entity or the responsible member in relation to an applicable accounting period (“the period”) which ended on or before 19th July 2011; and
b
E is a large company for the purposes of these Regulations otherwise than by virtue of regulation 3(1A).
2
The total liability of E for the period shall be treated as becoming due and payable in accordance with regulation 5, but this is subject to paragraphs (3) to (5).
3
An instalment payment which apart from this regulation would be treated as becoming due and payable on a date falling before 11 August 2011 shall be treated as not being due and payable to the extent that it includes an amount in respect of the bank levy.
4
If, apart from paragraph (5), in relation to the period there is an instalment payment, or more than one instalment payment, which is treated as becoming due and payable on a date falling or after 11th August 2011, the amount of that instalment payment, or the amount of the first of those instalment payments, shall be increased by the adjustment amount.
5
If, apart from this paragraph, in relation to the period there is no instalment payment which is treated as becoming due and payable on a date falling on or after 11th August 2011, a further instalment payment of an amount equal to the adjustment amount shall be treated as becoming due and payable on 18th August 2011.
6
For the purposes of paragraphs (4) and (5) the adjustment amount is the difference between —
a
the aggregate amount of the instalment payments which were treated as becoming due and payable before 11th August 2011, determined on the basis that the total liability of E did not include any liability to the bank levy; and
b
the aggregate amount of those instalment payments including E’s liability to the bank levy determined on the basis that paragraph (3) does not apply in relation to those instalment payments.
Instalment payments – transitional provisions: the bank levy (applicable accounting periods beginning on or before 19th July 2011 and ending after that date where company is a large company by virtue of regulation 3(1A))
4C
1
This regulation applies if —
a
an entity (“E”) is the relevant entity or the responsible member in relation to an applicable accounting period (“the period”) which began on or before 19th July 2011 and ends after that date;
b
E is a large company for the purposes of these Regulations only by virtue of regulation 3(1A); and
c
accordingly, E would not otherwise be liable to make instalment payments in relation to the period.
2
The total liability of E for the period shall be treated as becoming due and payable in accordance with regulation 5, but this is subject to paragraphs (3) and (4).
3
An instalment payment which apart from this regulation would be treated as becoming due and payable on a date falling before 11th August 2011 shall be treated as not being due and payable.
4
The amount of the first instalment payment which is treated as becoming due and payable on a date falling on or after 11th August 2011 shall be increased by the adjustment amount.
5
In paragraph (4) the adjustment amount is the aggregate of the amounts of instalment payments which would have been treated as becoming due and payable before 11th August 2011, determined on the basis that —
a
the provisions of Schedule 19 had effect at the date on which each instalment payment would have been treated as becoming due and payable; and
b
paragraph (3) does not apply in relation to each instalment.
Instalment payments – transitional provisions: the bank levy (applicable accounting periods beginning on or before 19th July 2011 but ending after that date where company is a large company otherwise than by virtue of regulation 3(1A))
4D
1
This regulation applies if —
a
an entity (“E”) is the relevant entity or the responsible member in relation to an applicable accounting period (“the period”) which began on or before 19th July 2011 and ends after that date; and
b
E is a large company for the purposes of these Regulations otherwise than by virtue of regulation 3(1A).
2
The total liability of E for the period shall be treated as becoming due and payable in accordance with regulation 5, but this is subject to paragraphs (3) and (4).
3
An instalment payment which apart from this regulation would be treated as becoming due and payable on a date falling before 11 August 2011 shall be treated as not being due and payable to the extent that it includes an amount in respect of the bank levy.
4
In relation to the period, the amount of the first instalment payment which is treated as becoming due and payable on a date falling on or after 11th August 2011 shall be increased by the adjustment amount.
5
For the purposes of paragraph (4) the adjustment amount is the difference between —
a
the aggregate amount of the instalment payments which were treated as becoming due and payable on a date falling before 11th August 2011, determined on the basis that the total liability of E did not include any liability to the bank levy; and
b
the aggregate amount of those instalment payments including E’s liability to the bank levy determined on the basis that paragraph (3) does not apply in relation to those instalment payments.
.
Amendment of regulation 5A
6
1
Regulation 5A (instalment payments – ring fence profits and adjusted ring fence profits) is amended as follows.
2
In paragraph (9) in the definition of —
a
“adjusted ring fence profits” for “501A(2) of the Taxes Act” substitute “330(2) of CTA 2010”;
b
“ring fence profits” for “502(1) of the Taxes Act” substitute “276 of CTA 2010”; and
c
“supplementary charge” for “501A(1) of the Taxes Act” substitute “330(1) of CTA 2010”.
Insertion of regulation 5B
7
After regulation 5A (instalment payments – ring fence profits and adjusted ring fence profits) insert —
Instalment payments – the bank levy – anti-avoidance
5B
1
Paragraphs (3) and (4) apply if on or after 31st March 2011 there is a relevant amendment —
a
in relation to the accounting period of an entity (E) which is the chargeable member; or
b
in relation to the accounting periods of E and any other chargeable member; and
as a consequence of the relevant amendment there is no chargeable member which meets, or would meet, the requirements of paragraph 54(3) or (5) of Schedule 19 (meaning of the responsible member) at the end of the chargeable period.
2
In relation to E and, where relevant, any other chargeable member a relevant amendment is an alteration to —
a
the ending of an accounting period, as a result of an event referred to in section 10 (end of accounting period) or section 12 (companies being wound up) of CTA 2009 ; or
b
the commencement of an accounting period, as a result of an event referred to in section 9 (beginning of an accounting period) or section 12(5) of CTA 2009;
the main purpose, or one of the main purposes, of which is to obtain a tax advantage.
3
Where this paragraph applies for the purposes of ascertaining the dates on which instalment payments are treated as becoming due and payable in accordance with regulation 5(3), the applicable accounting period of the entity that is the responsible member in relation to the chargeable period is to be treated as beginning and ending on the dates on which the chargeable period begins and ends (“the assumption”).
4
Where paragraph (3) applies, the assumption will apply in relation to any applicable accounting periods that relate to a subsequent chargeable period where there is no chargeable member which meets the requirements of paragraph 54(3) or (5) of Schedule 19.
5
In this regulation —
“tax advantage” has the same meaning as in section 1139 of CTA 2010; and
“the chargeable member” has the meaning given by paragraph 54(2) of Schedule 19 .
.
Amendment of regulation 6
8
1
Regulation 6 (repayment of amounts in respect of a large company’s total liability for an accounting period) is amended as follows.
2
In paragraph (1)(a) for “5 or 5A” substitute “4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be)”.
3
In paragraph (2) for “the Board” substitute “Revenue and Customs” in both places that it occurs.
Insertion of regulation 6A
9
After regulation 6 (repayment of amounts in respect of a large company’s total liability for an accounting period) insert —
Allocation of payments
6A
1
This regulation applies where —
a
an entity (E) is either —
i
the relevant entity; or
ii
the responsible member; and
b
there has been an underpayment of E’s total liability for an applicable accounting period.
2
Any payment made by E in respect of that applicable accounting period shall be treated —
a
as a payment in respect of any amount of the bank levy which is unpaid for the applicable accounting period; and
b
to the extent that the payment exceeds the unpaid amount of the bank levy, as a payment in respect of corporation tax other than the bank levy for the applicable accounting period.
3
Whether there has been an underpayment of E’s total liability shall be ascertained in accordance with the provisions of Schedule 18.
.
Amendment of regulation 7
10
In regulation 7 (interest on unpaid amounts of a large company’s total liability for an accounting period) , in paragraph (2) (interest on overdue corporation tax), in the inserted text —
a
for “5 or 5A” substitute “4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be)”; and
b
for “that regulation” substitute “the regulation in question”.
Amendment of regulation 8
11
1
Regulation 8 (interest on overpaid amounts of a company’s total liability for an accounting period) is amended as follows.
2
In paragraph (1) for “5 or 5A” substitute “4A, 4B, 4C, 4D, 5, 5A or 5B,”.
3
In paragraph (2) —
a
in sub-paragraph (a) —
i
the inserted paragraph (d) becomes paragraph (ca), and in that paragraph for “5 or 5A” substitute “4A, 4B, 4C, 4D, 5, 5A or 5B”; and
ii
the inserted paragraph (e) becomes paragraph (cb); and
b
in sub-paragraph (b) —
i
for “(d)” substitute “(ca)”; and
ii
for “(e)” substitute “(cb)”.
4
In paragraph (3) —
a
the inserted subsection (3A) becomes subsection (3ZA) and in that subsection —
i
for “(1)(d)” substitute “(1)(ca)”; and
ii
for “5(3) or 5A(3)” substitute “4A, 4B, 4C, 4D, 5(3), 5A(3) or 5B(3)”; and
b
the inserted subsection (3B) becomes subsection (3ZB) and in that subsection —
i
for “(1)(e)” substitute “(1)(cb)”; and
ii
for “(3A)” substitute “(3ZA)”.
Substitution of regulation 9
12
For regulation 9 (consequential amendment of section 102 of the Finance Act 1989) substitute —
Consequential amendment of Chapter 4 of Part 22 of CTA 2010
9
1
Chapter 4 of Part 22 of CTA 2010 (surrender of tax refund within a group) applies with the modifications specified in paragraphs (2) to (5) in any case where a tax refund is due to be made to the surrendering company in respect of an amount paid in respect of its total liability for an accounting period and —
a
either the surrendering company or the recipient company referred to in that Chapter is a large company as respects that accounting period; or
b
both the surrendering company and the recipient company referred to in that Chapter are large companies as respects that accounting period.
2
In section 963 (power to surrender tax refund), after subsection (2) insert —
2A
If, and to the extent that, the tax refund surrendered is within subsection (4)(c) and is of an amount paid in respect of the surrendering company’s bank levy liability for the accounting period, the requirement in subsection (2)(b) is to be read as a requirement that the surrendering company and the recipient company are both entities which are jointly and severally liable for the surrendering company’s bank levy liability for that period in accordance with paragraph 53 of Schedule 19 to the Finance Act 2011.
2B
In subsection (2A) the reference to the surrendering company’s bank levy liability for the accounting period is to any liability within paragraph 53(8) of that Schedule which the company has for that accounting period.
.
3
In subsection (4) of that section —
a
omit the “or” at the end of paragraph (a); and
b
after paragraph (b) insert —
, or
c
the repayment in whole or in part of any amount paid by way of an instalment under the Corporation Tax (Instalment Payments) Regulations 1998 in respect of the company’s total liability for the period (within the meaning of regulation 2(3)).
.
4
In section 964 (effects of surrender of tax refund), in subsection (6), after “refund” insert “other than a refund of instalment corporation tax”.
5
After that subsection insert —
6A
For the purpose of this Chapter “the relevant date”, in relation to a refund of instalment corporation tax, means —
a
in so far as the refund falls to be treated in accordance with subsections (6C) to (6E) as consisting of a repayment of the whole or any part of a payment made on or before the earliest due date, that date, and
b
in so far as the refund falls to be treated in accordance with those subsections as consisting of the repayment of the whole or any part of a payment made after the earliest due date, the date on which the payment was made.
6B
For the purposes of subsection (6A), the earliest due date, in relation to a refund of instalment corporation tax, is —
a
where the surrendering company is a large company for the relevant accounting period, the earliest date on which any amount is treated as having become due and payable by that company under regulation 4A, 4B, 4C, 4D, 5, 5A or 5B of the Corporation Tax (Instalment Payments) Regulations 1998 in respect of that company’s total liability for that period, and
b
where the surrendering company is not a large company for that accounting period, the date that would have been the earliest due date under paragraph (a) had it been a large company for that period.
6C
For the purposes of subsection (6A), at the same time as giving notice under section 963(2) in the case of any refund of instalment corporation tax relating to any accounting period, the surrendering company must also give notice to an officer of Revenue and Customs identifying the extent to which it requires the refund to be treated as consisting of amounts comprised in any payment or payments made for that period.
6D
Where, in a case to which subsection (6C) applies, an officer of Revenue and Customs notifies the surrendering company that the amount of the refund of instalment corporation tax relating to the accounting period is less than the aggregate of the amounts identified under that subsection, the company must, no later than 30 days after the notification, give a revised notice under that subsection to the officer of Revenue and Customs.
6E
Where in a case to which subsection (6D) applies —
a
a notification has been given to the surrendering company under that subsection, and
b
the surrendering company does not give a revised notice in accordance with the requirements of that subsection,
the same consequences follow as if a notice had not been given in accordance with section 963(2) in relation to the refund.
6F
In this section —
a
references to a refund of instalment corporation tax are references to any refund of tax for any accounting period which falls in relation to that accounting period within paragraph (c) of the definition of “tax refund” in section 963(4),
b
“large company” has the same meaning as in regulation 3 of the Corporation Tax (Instalment Payments) Regulations 1998, and
c
references to the total liability of a company for an accounting period are to be construed in accordance with regulation 2(3) of those Regulations.
.
.
Insertion of regulation 9A
13
After regulation 9 insert —
Entity not liable to the bank levy
9A
1
This regulation applies where —
a
a relevant entity (E) has made a payment for an accounting period which includes an amount in respect of the bank levy for the chargeable period; but
b
another member of the relevant group ( OM ) is the responsible member for that chargeable period.
2
Where this regulation applies —
a
no repayment of the amount paid by E in respect of the bank levy shall be made to or be due to E;
b
E shall not be entitled, as a result of the payment of the amount in respect of the bank levy, to set off or otherwise treat as discharged any liability to corporation tax or to any other tax or duty for any period;
c
the amount of the payment made by E in respect of the bank levy for the chargeable period shall be treated as if it were a payment made by OM, on the date on which the payment was made by E; and
d
if OM does not have an applicable accounting period which is the same as the chargeable period,
i
the payment made by E shall be treated as a payment of an amount of the bank levy due and payable in respect of the earliest instalment payment in relation to the earliest applicable accounting period of OM for the chargeable period; and
ii
the balance, if any, shall be treated as a payment of the bank levy due and payable in respect of OM’s next instalment payment in relation to the earliest applicable accounting period and so on in relation to that applicable accounting period and any subsequent applicable accounting period.
3
In paragraph (2)(d) the reference to an applicable accounting period being the same as the chargeable period shall be construed in accordance with paragraph 54 of Schedule 19.
.
Amendment of regulation 10
14
1
Regulation 10 (information to be provided to the Board) is amended as follows.
2
In the heading to the regulation for “the Board” substitute “ HMRC ”.
3
In paragraph (1) —
a
for “The Board” substitute “HMRC”; and
b
for “5 or 5A” in both places that it occurs substitute “4A, 4B, 4C, 4D, 5, 5A or 5B, as the case may be,”.
Insertion of regulation 10A
15
After regulation 10 insert —
Additional information to be provided to HMRC where the large company is an entity which is responsible for the payment of the bank levy
10A
1
This regulation applies if the relevant entity or the responsible member (“E”) makes an instalment payment which includes an amount in respect of the bank levy.
2
Subject to paragraph (4), E must provide written notice (a “quantification notice”) identifying the amount of the instalment payment which is in respect of the bank levy.
3
A quantification notice must be given to an officer of Revenue and Customs on or before the date on which payment is made.
4
Where E is a member of a group payment arrangement under section 59F of the Management Act (arrangements for paying tax on behalf of group members) , but E is not the member which is responsible for discharging the liability of the group under that arrangement —
a
E shall provide the quantification notice to the member (M) which, in accordance with the group payment arrangement, is responsible for discharging the liability of all the members of the group; and
b
accordingly M shall be responsible for providing the quantification notice to the officer of Revenue and Customs as required by paragraphs (2) and (3) and for the purposes of paragraph (5).
5
The requirement to provide a quantification notice under this regulation shall be treated as a requirement to comply with an information notice for the purposes of Part 7 of Schedule 36 to the Finance Act 2008 (information and inspection powers) .
.
Amendment of regulation 11
16
1
Regulation 11 (production of records) is amended as follows.
2
In paragraph (1) —
a
for “the Board” substitute “HMRC”; and
b
for “5 or 5A” in both places that it occurs substitute “4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be)”.
3
In paragraph (2)(b) for “the Board” substitute “Revenue and Customs”.
Amendment of regulation 12
17
In regulation 12(1) (inspection of records) —
a
for “of the Board” substitute “of Revenue and Customs”; and
b
omit “by the Board”.
Amendment of regulation 13
18
In regulation 13(a) (penalty for unpaid tax) for “5 or 5A” substitute “4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be)”.
Revocations
19
Omit —
a
regulation 14 (anti-avoidance provision) ; and
b
regulation 15 (insurance companies and friendly societies – supplementary provision).
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2011


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 and come into force on 16th November 2011.
2
Subject to paragraphs (3) and (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.
3
Paragraphs (b)(ii) and (c)(iii) of regulation 3(1) extend to England and Wales and Northern Ireland only.
4
Regulation 14 extends to England and Wales and Scotland only.
5
Regulations 2 to 13 amend the Energy Act 2008 and a reference in those regulations to a numbered section is to that section of the Energy Act 2008.
Amendment of section 17
2
In section 17 (prohibition on unlicensed activities) , after subsection (3) insert —
3A
In this section, “controlled place” also includes a place —
a
in England, Wales or Northern Ireland, or
b
in, under or over so much of the internal waters of the United Kingdom as are adjacent to England, Wales or Northern Ireland.
.
Amendment of section 18
3
1
In subsection (2) of section 18 (licences) —
a
in paragraph (a) —
i
for “a controlled place which is not” substitute “an offshore controlled place which is not”;
ii
before “, the Secretary of State” insert “(an “offshore UK-controlled place”)”;
b
in paragraph (b) —
i
for “such activities”, substitute “activities within section 17(2)(a) to (c)”;
ii
for “that territorial sea”, substitute “the territorial sea adjacent to Scotland”;
c
in paragraph (c) —
i
for “such activities”, substitute “activities within section 17(2)(a) to (c)”;
ii
for “a controlled place”, substitute “an offshore controlled place”;
iii
for “that territorial sea”, substitute “the territorial sea adjacent to Scotland”;
d
after paragraph (c), omit “and” and insert —
ca
in the case of a licence in respect of activities within section 17(2)(a) to (c) and an English controlled place, the Secretary of State,
cb
in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Welsh controlled place, the Welsh Ministers,
cc
in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Northern Ireland controlled place, the Department of Enterprise, Trade and Investment in Northern Ireland,
cd
in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Welsh controlled place and the rest of which is an English controlled place or an offshore UK-controlled place (or a combination of such places), either the Welsh Ministers or the Secretary of State,
ce
in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Northern Ireland controlled place and the rest of which is an offshore UK-controlled place, either the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State, and
;
e
in paragraph (d), after “the Secretary of State”, insert “, the Welsh Ministers, the Department of Enterprise, Trade and Investment in Northern Ireland”;
f
after “a licence falling within paragraph (c)”, insert “, (cd) or (ce)”.
2
After subsection (4) of section 18, insert —
4A
In this section —
“English controlled place” means a controlled place in England or in, under or over so much of the internal waters of the United Kingdom as are adjacent to England;
“Northern Ireland controlled place” means a controlled place in Northern Ireland or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Northern Ireland;
“Welsh controlled place” means a controlled place in Wales or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Wales.
.
Amendment of section 19
4
In section 19 (requirements relating to grant of licences), after subsection (2) insert —
3
In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.
.
Amendment of section 21
5
In section 21 (content of licences: regulations), after subsection (2) insert —
3
In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.
.
Amendment of section 22
6
In section 22 (offence to carry on unlicensed activities) , after subsection (4) insert —
4A
If the activity constituting the offence is carried on at an English controlled place, a Welsh controlled place or a Northern Ireland controlled place, subsection (3) has effect as if the reference to £50,000 were a reference to the statutory maximum.
.
Amendment of section 23
7
In section 23 (offences relating to licences), after subsection (7) insert —
8
In subsection (1)(d) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.
.
Amendment of section 26
8
In section 26 (injunctions restraining breaches of section 17(1)) —
a
before subsection (1) insert —
A1
Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to an English controlled place, the Secretary of State may apply to the High Court for an injunction.
A2
Where the Welsh Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Welsh controlled place, they may apply to the High Court for an injunction.
;
b
after subsection (1) insert —
1A
Where the Department of Enterprise, Trade and Investment in Northern Ireland considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Northern Ireland controlled place, it may apply to the High Court for an injunction.
;
c
in subsection (2) —
i
omit “other”;
ii
after “actual or apprehended breach of section 17(1)”, insert “in relation to an offshore UK-controlled place”.
Amendment of section 27
9
In section 27 (inspectors), after subsection (6) insert —
7
Subsections (1) and (2) apply in relation to the Welsh Ministers and the Department of Enterprise, Trade and Investment in Northern Ireland and their respective functions under this Chapter as they apply in relation to the Secretary of State and the functions of the Secretary of State under this Chapter.
.
Amendment of section 28
10
In section 28 (criminal proceedings) in subsections (3), (4) and (5)(a) for “a controlled place” substitute “an offshore controlled place”.
Amendment of section 30
11
In section 30 (abandonment of installations) —
a
in subsection (5) after “means an installation” insert “falling within subsection (6) that is”; and
b
after that subsection insert —
6
An installation falls within this subsection if it is established or maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes.
.
Amendment of section 31
12
After subsection (3) of section 31 (termination of licences: regulations), insert —
4
In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.
.
Amendment of section 35
13
1
In section 35(1) (Chapter 3: interpretation) —
a
in the definition of “controlled place”, after “17(3)” insert “and (3A)”;
b
in the appropriate place insert —
“English controlled place” has the meaning given by section 18(4A);
;
“Northern Ireland controlled place” has the meaning given by section 18(4A);
;
“offshore controlled place” means a place that is mentioned in section 17(3);
;
“offshore UK-controlled place” has the meaning given by section 18(2)(a);
;
“Welsh controlled place” has the meaning given by section 18(4A).
.
2
After section 35(2), insert —
3
An Order in Council under section 98(8) of the Northern Ireland Act 1998 has effect for the purposes of this Chapter if, or to the extent that, the Order in Council is expressed to apply —
a
by virtue of this subsection, for the purposes of this Chapter, or
b
if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
4
An order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (apportionment of sea areas) has effect for the purposes of this Chapter if, or to the extent that, the order or Order in Council is expressed to apply —
a
by virtue of this subsection, for the purposes of this Chapter, or
b
if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
.
Amendment of the Pipe-line Works (Environmental Impact Assessment) Regulations 2000
14
1
The Pipe-line Works (Environmental Impact Assessment) Regulations 2000 are amended as follows.
2
In regulation 2, in the definition of “relevant pipe-line works”, after “any pipe-line which is intended to convey oil or gas”, insert —
aa
any pipe-line which is intended to convey carbon dioxide streams for the purposes of geological storage, including associated booster stations;
.
Review
15
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of regulations 2 to 14;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Articles 2(1) and 6(1) of the Directive (which are implemented by means of regulations 2 to 13), and Article 31(1)(a) and (2)(b) of the Directive (which are implemented by means of regulation 14) are implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by —
i
the extension of the prohibition on unlicensed activities established by regulations 2 to 13; and
ii
the regulatory system for environmental impact assessment for certain pipelines established by regulation 14;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
In this regulation —
a
“review period” means —
i
the period of five years beginning with the day on which these Regulations come into force; and
ii
subject to paragraph (5), each successive period of five years; and
b
“the Directive” means Directive 2009/31/ EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/ EEC , European Parliament and Council Directives 2000/60/EC , 2001/80/EC , 2004/35/EC , 2006/12/EC , 2008/1/EC and Regulation (EC) No 1013/2006 .
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Charles Hendry
Minister of State
Department of Energy and Climate Change
11th October 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 and come into force on 15th November 2011.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendment to disabilities prescribed in respect of Group 1 licences
2
1
Regulation 72 of the principal Regulations is amended as follows.
2
After paragraph (3) there is inserted —
4
Diabetes mellitus is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence, who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and —
a
has experienced two or more episodes of severe hypoglycaemia during the previous one year period; or
b
has impaired awareness of hypoglycaemia .
5
Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 1 licence who is being treated with insulin and —
a
has had no more than one episode of severe hypoglycaemia during the period of one year immediately preceding the date when the licence is granted;
b
does not have impaired awareness of hypoglycaemia; and
c
satisfies the conditions prescribed in paragraph (6).
6
The conditions are that the applicant —
a
can demonstrate an understanding of the risks of hypoglycaemia and adequate control of the condition;
b
undertakes appropriate blood glucose monitoring;
c
is under regular medical review; and
d
is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.
7
In this regulation —
“impaired awareness of hypoglycaemia” means the inability to detect the onset of hypoglycaemia because of a total absence of warning symptoms;
“severe hypoglycaemia” means an episode of hypoglycaemia requiring the assistance of another person
.
Amendment to disabilities prescribed in respect of Group 2 licences
3
1
Regulation 73 of the principal Regulations is amended as follows.
2
For paragraph (6) there is substituted —
6
Diabetes mellitus is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 2 licence who is being treated with insulin or another medication which carries a risk of inducing hypoglycaemia and —
a
has experienced one or more episodes of severe hypoglycaemia during the previous one year period; or
b
does not have full awareness of hypoglycaemia.
6A
Diabetes mellitus is prescribed for the purposes of section 92(4)(b) of the Traffic Act in relation to an applicant for a Group 2 licence, who —
a
is being treated with insulin and —
i
has undergone treatment with insulin for at least 4 weeks;
ii
has full awareness of hypoglycaemia;
iii
has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and
iv
satisfies the conditions prescribed in paragraphs (6B) and (6C); or
b
is being treated with a medication which carries a risk of inducing hypoglycaemia, other than insulin, and —
i
has full awareness of hypoglycaemia;
ii
has not, during the period of one year immediately preceding the date when the licence is granted, had an episode of severe hypoglycaemia; and
iii
satisfies the conditions prescribed in paragraphs (6B) and (6D).
6B
The conditions are that the applicant —
a
regularly monitors his or her condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to driving;
b
provides a signed declaration to the Secretary of State that he or she —
i
understands the risk of hypoglycaemia and will comply with such directions regarding treatment for diabetes as may from time to time be given by the registered medical practitioner overseeing that treatment, or one of the clinical team working under the supervision of that registered medical practitioner;
ii
will immediately report to the Secretary of State in writing any significant change in his or her condition and pending any enquiries being made by the Secretary of State, will follow the advice of his or her registered medical practitioner, or one of the clinical team working under the supervision of that registered medical practitioner, concerning fitness to drive; and
iii
will provide such evidence as the Secretary of State may request to demonstrate that the monitoring referred to in sub-paragraph (a) is being carried out;
c
is a person in respect of whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.
6C
The further conditions for an applicant who is being treated with insulin are that —
a
the applicant has attended an examination by a hospital consultant specialising in the treatment of diabetes, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia;
b
the applicant monitors his or her condition as set out in paragraph (6B)(a), using a device that incorporates an electronic memory function to measure and record blood glucose levels, and undertakes to continue so to monitor.
6D
The further condition for an applicant who is not being treated with insulin is that —
the applicant has attended an examination by a registered medical practitioner, who has provided a report sufficient to satisfy the Secretary of State that the applicant has a history of responsible diabetic control and currently has a minimal risk of impairment due to hypoglycaemia.
6E
In this regulation “severe hypoglycaemia” has the same meaning as in regulation 72(7).
.
3
Paragraph (9) is omitted.
4
Paragraph (10) is omitted.
Duty to review
4
1
The Secretary of State must from time to time —
a
carry out a review of regulations 2 and 3;
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Commission Directive 2009/112/ EC and Commission Directive 2009/113/EC (which are implemented by means of regulations 2 and 3) are implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by those regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
19th October 2011


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Key Stages 1, 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2011 and comes into force on 1st October 2011.
Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
2
1
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
In article 3(1) (interpretation) —
a
in the definition of “external marking agency” omit “nominated by the QCDA and”;
b
in the definition of “NC assessment timetable” omit “which have been published by the QCDA”;
c
omit the definition of “the QCDA”.
3
In article 5 (NC test assessment) —
a
in paragraph (3) for “, determined by the QCDA” to the end substitute “which is to mark the NC tests.”;
b
in paragraph (4A) —
i
in sub-paragraph (b) for “the QCDA to be marked” substitute “the Secretary of State”;
ii
in sub-paragraph (c) for “the QCDA” in each place in which it occurs substitute “the Secretary of State”.
4
In article 5A (single level tests in mathematics) —
a
in paragraph (8) for “the QCDA to be marked” substitute “the Secretary of State”;
b
in paragraphs (9) to (11) for “the QCDA” in each place in which it occurs substitute “the Secretary of State”.
5
In article 6(7)(b) (monitoring of assessment arrangements) for “the QCDA” substitute “the Secretary of State”.
6
In article 6A(7)(b) (monitoring of assessment arrangements in relation to single level tests) for “the QCDA” substitute “the Secretary of State”.
7
In article 7 (investigation by the QCDA and correction of record of results) —
a
for “the QCDA” in each place in which it occurs substitute “the Secretary of State”;
b
in paragraph (1) —
i
for “it” substitute “the Secretary of State”;
ii
for “its” (both occurrences) substitute “the Secretary of State’s”.
8
In article 11(2) (publication of supplementary provisions) for “the QCDA” substitute “the Secretary of State”.
Amendment of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003
3
1
The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
In article 3(1) (interpretation) —
a
in the definition of “external marking agency” omit “nominated by the Authority and”;
b
omit the definition of “the QCDA”.
3
In article 12(2) (publication of supplementary provisions) for “the QCDA” substitute “the Secretary of State”.
Amendment of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
4
1
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 is amended as follows.
2
In article 3(1) (interpretation) in the definition of “the Document” omit “published by the QCDA” to the end.
3
In article 9 (publication of supplementary provisions) for “the QCDA” substitute “the Secretary of State”.
Nick Gibb
Minister of State
Department for Education
29th September 2011


text:
Citation and commencement
1
These Regulations may be cited as the Transport Act 2000 (Amendment of section 5(4)) Regulations 2011 and they come into force on 6th April 2011.
Amendment
2
In section 5(4) of the Transport Act 2000 , omit the words “(as defined in section 1(1) of the Companies Act 2006)”.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
31st January 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Care Quality Commission (Additional Functions) Regulations 2011 and shall come into force on 1st August 2011.
2
In these Regulations, “the 2011 Directions” means the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 .
Review of decision to withhold an item delivered or brought to a high security hospital for a patient
2
1
The Care Quality Commission shall review a decision made under direction 22(3) of the 2011 Directions (items delivered or brought to hospital premises for patients) to withhold an item if an application to review that decision is made by the intended recipient of the item within six months beginning with the day on which that person receives the information set out in direction 22(4)(c) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the item which is the subject of the application shall not be withheld.
Review of decision to withhold internal post in high security hospitals
3
1
The Care Quality Commission shall review a decision made under direction 27(3) of the 2011 Directions (internal post) to withhold internal post, or an item included in such post, if an application to review that decision is made by the sender or the intended recipient of the post or item within six months beginning with the day on which that person receives the information set out in direction 27(4)(b) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the post or item which is the subject of the application shall not be withheld.
Review of decisions to record and monitor telephone calls in high security hospitals
4
1
The Care Quality Commission shall review a decision made in accordance with direction 34(5) of the 2011 Directions (monitoring telephone calls) that a patient’s telephone calls will be monitored and recorded if an application to review that decision is made by the patient within six months beginning with the day on which that person receives the information set out in direction 34(6)(c) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the recording and monitoring of the patient’s telephone calls shall cease.
Revocation
5
The Care Quality Commission (Additional Functions) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
19th June 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Planning Act 2008 (Commencement No.7) Order 2011.
2
In this Order, “ the Act ” means the Planning Act 2008.
Provisions coming into force on 1st October 2011 in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland
2
The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales and, to the extent specified in section 240(4) of the Act, to Scotland, on 1st October 2011 —
a
sections 14(1)(p) and 30; and
b
section 153 and Schedule 6.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
18th August 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) Regulations 2011 and shall come into force on 14th March 2011.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
In Column 2 of Part 8 of the Schedule to the Wireless Telegraphy (Register) Regulations 2004 , insert, at the end of the column, after “42.5–43.5 GHz ” —
3400–3480 MHz 3500–3580 MHz
Ed Richards
Chief Executive of the Office of Communications
for and by the authority of the Office of Communications
17th February 2011