text:
PART 1 GENERAL
Citation and commencement
1
1
This Order may be cited as the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010.
2
This Order shall come into force on 6th April 2010.
Interpretation
2
In this Order —
“the AFPS 1975” means the occupational pension scheme set out in Schedule 1 to the: Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 , the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 ;
“active member” has the meaning given in section 124(1) of the Pensions Act 1995 and, except where the context otherwise requires, refers to membership of the AFPS 1975;
“additional adoption leave” means leave which, in the opinion of the Defence Council, corresponds to additional adoption leave within the meaning of section 75B of the Employment Rights Act 1996 ;
“additional maternity leave” means leave which, in the opinion of the Defence Council, corresponds to additional maternity leave within the meaning of section 73 of the Employment Rights Act 1996 ;
“basic pay” has the meaning given by article 3;
“commitment period”, in relation to a member of the armed forces, means the term of service for which a person is enlisted or commissioned;
“ordinary adoption leave” means leave which, in the opinion of the Defence Council, corresponds to ordinary adoption leave within the meaning of section 75A of the Employment Rights Act 1996 ;
“ordinary maternity leave” means leave which, in the opinion of the Defence Council, corresponds —
in relation to any period before 22nd August 1996, to leave under section 33 of the Employment Protection (Consolidation) Act 1978 ; and
in relation to any period on or after 22nd August 1996, to leave under section 71 of the Employment Rights Act 1996 ;
“paternity leave” means leave which, in the opinion of the Defence Council, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;
“pay” means “basic pay” in the service that is ceasing for a person of the member’s rank and seniority as at the last day of that service (whether the rank is substantive or acting);
“pension codes” means the tri service pension codes that specify the rates of pension and rates of compensation for injury or death which are attributable to service as recommended by the Armed Forces Pay Review Body and approved annually by the Government;
“public debt” means any debt owed to a civilian authority in the United Kingdom or disallowance including any over issue or advance of pay, pension or other emoluments made through an error as to the facts; or the sum required to make good any loss, deficiency or irregular expenditure of public money, any deficiency, loss, damage or destruction of public stores, buildings or other public property of which, after full investigation, no explanation satisfactory to the Defence Council is given by the person who is responsible for the same;
“qualifying service” means the period of service which counts towards a person’s service for membership of the AFPS 1975, whether or not it counts for the purpose of calculating a pension under the AFPS 1975;
“reckonable service” means the period of service which may be counted for the purposes of calculating a pension under the AFPS 1975;
“service debt” means any debt owed to the armed forces or the sum required to make good any loss, deficiency or irregular expenditure of armed forces money of which after due investigation no explanation satisfactory to the Defence Council is given by the person who is responsible for the same.
Basic pay
3
“Basic pay” means —
a
pay for the member’s rank and seniority; and
b
any other amount if and to the extent that the Defence Council has determined that it is to be treated as basic pay; but
c
subject to paragraph (b) does not include —
i
any allowances;
ii
any additional amounts payable in respect of particular qualifications or duties, the location of service or the conditions in which service is temporarily performed;
iii
without prejudice to paragraphs (i) and (ii), any additional amounts payable to medical or dental officers; or
iv
any description of payment that the Defence Council has determined is not to be treated as basic pay.
PART 2 THE ARMED FORCES REDUNDANCY SCHEME
Interpretation of Part 2
4
1
The Scheme set out in this Part shall be known as the Armed Forces Redundancy Scheme 2010 (“the AFRS 2010”).
2
In this Part —
“annual pay” means the person’s annual rate of basic pay;
“long service commitment” has the meaning given in article 8(1);
“member” means a person who was eligible to join the AFPS 1975 but, in relation to the army, does not include a member of the Brigade of Gurkhas who is an active member of the Gurkha Pension Scheme , and references to service, in relation to service as a member of the armed forces, are to be read accordingly;
“one month’s pay” means the person’s annual pay divided by 12 and any reference to more than one month’s pay means that the figure for one month’s pay for that person is multiplied by the multiple (including fractions) of the months specified;
“redundancy reckonable service” is to be read in accordance with articles 6 and 7;
“short service commitment” has the meaning given in article 8(2).
Redundancy
5
In this Part a reference to being treated for the purposes of the AFRS 2010 as having become redundant includes selection for redundancy as part of a programme for the planned reduction of the armed forces.
Redundancy reckonable service
6
1
Subject to article 16, “redundancy reckonable service” in relation to a member of the armed forces, means, the aggregate of any period of service referred to in paragraphs (2) and (3), whether current or previous service, but excluding any period which occurs before the member reaches the age of 18.
2
The service mentioned in paragraph (1) is any period during which the member is —
a
in service and in receipt of basic pay;
b
on secondment to a different employment under an arrangement where the member is paid by that employer but the terms of secondment provide for the member to be an active member of the AFPS 1975 (or would have provided had the member been an active member of the AFPS 1975);
c
in receipt of statutory maternity pay;
d
in receipt of statutory adoption pay;
e
on ordinary adoption leave;
f
on ordinary maternity leave;
g
on paternity leave; or
h
on unpaid leave for a period which the Defence Council has agreed beforehand can count for this purpose.
3
Where paragraph (4) applies, service includes any period during which the member is seconded to the United Nations, the North Atlantic Treaty Organisation, or any other arrangement with any other organisation or person under which a member may be seconded into other military service.
4
This paragraph applies where either conditions 1 or 2 are satisfied —
a
condition 1 is that the member (“A”) —
i
is an active member of the AFPS 1975 on the day before the secondment commences;
ii
resumes service in the armed forces at the end of the period of secondment and again becomes an active member of the AFPS 1975; and
iii
makes a single lump sum payment calculated in accordance with the rules set out in the AFPS 1975 following a secondment to an organisation referred to in paragraph (3) to increase reckonable service;
b
condition 2 is that the member (“B”) —
i
is entitled to be an active member of the AFPS 1975 on the day before the secondment commenced, but is not an active member;
ii
resumes service in the armed forces at the end of the period of secondment; and
iii
would be entitled to make a single lump sum payment to increase reckonable service by an additional period equal to the length of the secondment, had B been an active member of the AFPS 1975 prior to the commencement of the secondment.
5
In this article —
“current service” means service as a member of the armed forces which commenced on the date the member last became a member of the armed forces and continues without interruption until the day on which service in the armed forces terminates; and
“previous service” means any period of service as a member of the armed forces which terminated before current service began.
Redundancy reckonable service: supplemental
7
1
In this Part references to periods of “redundancy reckonable service” are to calculated in accordance with paragraphs (2) to (4).
2
Periods of redundancy reckonable service are to be calculated in complete years and days and, where it is necessary to aggregate such periods, the aggregation is to be done —
a
by reference to periods so expressed; and
b
on the assumption that there are 365 days in a complete year.
3
To determine years of redundancy reckonable service the days in excess of the period of whole years are converted into years by dividing the number of days by 365 and calculating the result to four decimal places.
4
If a period of redundancy reckonable service is less than one year —
a
paragraph (2) applies with the omission of the words “complete years and”; and
b
paragraph (3) applies with the omission of the words “in excess of the period of whole years”.
Commitment periods
8
1
A member of the armed forces (“L”) has a long service commitment if the length of L’s redundancy reckonable service (had such service in the armed forces lasted until the end of L’s commitment period) would have been —
a
where L is an officer —
i
at least 16 years after L reached the age of 21; or
ii
at least 18 years after L reached the age of 18;
b
where L is not an officer, at least 18 years after L reached the age of 18;
c
where L is not an officer, and (apart from the notification mentioned in article 9(4)) in respect of whom there is —
i
no evidence that L would not have been willing to engage for an extension of service in the armed forces so as to complete 22 years’ of redundancy reckonable service, and
ii
no evidence that L’s application for such an extension would have been refused,
at least 12 years.
2
A member of the armed forces (“S”) has a short service commitment if the length of S’s redundancy reckonable service (had such service lasted until the end of S’s commitment period) is less than a long service commitment under paragraph (1).
Eligibility for redundancy payments
9
1
A member of the armed forces is entitled to a payment under article 10 if conditions A to D are met.
2
Condition A is that the person’s service as a member of the armed forces began before 6th April 2005.
3
Condition B is that the person is not an excluded person.
4
Condition C is that the person has been notified by the Defence Council that they will be treated for the purposes of the AFRS 2010 as having become redundant.
5
Condition D is that the person’s service as a member of the armed forces ceases, in pursuance of a notification mentioned in paragraph (4), on a date after 6th April 2010.
6
In paragraph (3) “excluded person” means —
a
a person who is excluded by their terms and conditions of service from entitlement to payments under article 10, unless the Defence Council has agreed that they be treated as if those terms did not apply; or
b
a person who would be entitled to a payment in respect of a notification under the Armed Forces Redundancy Scheme 2006 had the notification referred to that Scheme.
Entitlement to redundancy payments for those eligible under article 9
10
1
A member of the armed forces who is eligible for a payment in accordance with article 9 (an “eligible person”) becomes entitled to a payment under this article when the eligible person ceases to be in service in the circumstances specified in article 9(5).
2
Subject to paragraph (4), an eligible person is entitled under this article to a lump sum payment calculated in accordance with articles 11 to 14.
3
The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the eligible person ceases to be in service in the circumstances specified in article 9(5).
4
An eligible person is not entitled to a further lump sum under this article if —
a
a lump sum under this article has previously been received by the eligible person;
b
that lump sum would be liable to repayment under article 15; and
c
that lump sum has not been repaid before the time when the eligible person would otherwise become entitled to the further lump sum.
Amount of payment under article 10: leavers with long service commitments and insufficient redundancy reckonable service
11
1
Subject to articles 14 to 16, if —
a
a member of the armed forces (L1) has a long service commitment, and
b
upon ceasing service in the circumstances described in article 9(5), L1’s redundancy reckonable service is less than the relevant period of redundancy reckonable service specified in paragraph (2),
the amount to which L1 is entitled under article 10 is one-eighth of annual pay for each year of redundancy reckonable service.
2
The relevant period of redundancy reckonable service is —
a
where L1 is an officer —
i
16 years after L1 reached the age of 21; or
ii
18 years after L1 reached the age of 18; and
b
where L1 is not an officer, 18 years after L1 reached the age of 18.
Amount of payment under article 10: leavers with long service commitments and sufficient redundancy reckonable service
12
1
Subject to articles 14 to 16, if —
a
a member of the armed forces (“L2”) has a long service commitment, and
b
upon ceasing service in the circumstances described in article 9(5), L2’s redundancy reckonable service is at least the relevant period of redundancy reckonable service specified in paragraph (2),
the amount to which L2 is entitled under article 10 is calculated in accordance with paragraphs (3) to (5).
2
The relevant period of redundancy reckonable service is —
a
where L2 is an officer —
i
16 years after L2 reached the age of 21; or
ii
18 years after L2 reached the age of 18; and
b
where L2 is not an officer, at least 18 years after L2 reached the age of 18.
3
In paragraphs (4) and (5) —
a
“P” is the period after the time when service ceases in the circumstances described in article 9(5), for which L2 would have served, had L2 continued in the armed forces until the end of L2’s commitment period; and
b
that period shall be calculated in accordance with article 7, as if “P” were redundancy reckonable service.
4
Where L2 ceases service during the interim period the amount to which L2 is entitled under article 10 is —
a
where P is at least 3 years, 9 months’ pay;
b
where P is at least 2 years but less than 3 years, 6 months’ pay;
c
where P is at least 1 year but less than 2 years, 3 months’ pay; and
d
where P is less than 1 year, one-twelfth of 3 months’ pay for each complete month the commitment is shortened.
5
Where L2 ceases service after the interim period, the amount to which L2 is entitled under article 10 is —
a
where P is at least 1 year, 3 months’ pay; and
b
where P is less than 1 year, one-twelfth of 3 months’ pay for each complete month the commitment is shortened.
6
In this article “the interim period” means the period beginning on 6th April 2010 and ending with 31st March 2013.
Amount of payment under article 10: leavers with short service commitments
13
Subject to articles 14 to 16, the amount payable under article 10 in the case of a member of the armed forces ceasing service in the circumstances described in article 9(5) who has a short service commitment (“S”) is the lower of —
a
one-eighth of annual pay for each year of S’s redundancy reckonable service; and
b
the sum of —
i
one-eighth of annual pay for each year that S would have served (after the time when S ceases service) had S continued to serve until the end of S’s commitment period; and
ii
one-eighth of annual pay.
Limit on article 10 payment where leaver has full AFPS 1975 entitlement
14
1
If a member of the armed forces who is entitled to a payment under article 10 —
a
is entitled to a maximum pension under the AFPS 1975 when that person’s service ceases, or
b
would be so entitled if the person were an active member of the AFPS 1975 in relation to the service that is ceasing,
the amount of the lump sum payable under article 10 must not exceed 6 months’ pay.
2
In this article “maximum pension”, in relation to any person, means a pension calculated by reference to the highest number of years of reckonable service that may be used in that calculation.
Effect of rejoining armed forces or entering certain reserve forces service
15
1
This article applies where a person to whom a payment is made under article 10 —
a
enters service as a member of the armed forces again otherwise than as a result of his being recalled for service under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996 ,
b
enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or
c
enters service as a result of a commitment under section 25 of that Act (commitment to additional duties),
and, in this article, that service is referred to as “the new service”.
2
Where —
a
a person enters new service, and
b
the service break is less than the relevant period,
the person shall repay the relevant fraction of the payment received under article 10.
3
In this article —
“the service break” means the number of days beginning with the day when the person becomes entitled to the payment under article 10 and ending with the day before the new service begins;
“the relevant period” is deemed to be a number of days calculated as follows —
P × 365
F R E
Where —
P is the amount of the payment received under article 10; and
FRE is the person’s annual pay by reference to which the person’s payment was calculated;
“the relevant fraction” means —
R P − S B
R P
Where —
RP is the relevant period; and
SB is the service break.
Effect of award under article 10 on later award
16
1
This article applies if —
a
a payment is made to a person under article 10 on ceasing to be in service in the circumstances described in article 9(5) (“the old service”); and
b
that person enters service as a member of the armed forces again (“the new service”).
2
In determining the amount of any payment to which the person is entitled under article 10 when the new service ceases, the redundancy reckonable service the person was entitled to count when his old service ceased is ignored.
PART 3 THE ARMED FORCES GRATUITY EARNINGS SCHEME 2010
Payments to persons serving on gratuity earning terms
17
1
The Scheme set out in this Part shall be known as the Armed Forces Gratuity Earnings Scheme 2010.
2
A person serving in the armed forces and eligible for the payment of a gratuity on leaving service is entitled to a lump sum payment.
3
A person is eligible for a lump sum payment under paragraph (2) if that person —
a
is not eligible to join the AFPS 1975 or the Armed Forces Pension Scheme 2005 (AFPS 2005);
b
has completed at least one year in service; and
c
in the opinion of the Defence Council has completed that service to a satisfactory level.
4
Any gratuity payable under this article shall be calculated in accordance with article 18(1).
5
Subject to paragraph (6), where a person entitled to a gratuity payment under paragraph (2) continues to serve in the armed forces after the commitment period, payment of the gratuity shall be deferred until the end of any further service.
6
Where paragraph (5) applies, a person may forgo the lump sum payable under paragraph (2) and opt instead to transfer any qualifying and reckonable service during the commitment period into the AFPS 2005 or any scheme set out in regulations under the Reserve Forces Act 1996 .
7
The option to transfer service under paragraph (6) must be exercised before the commitment period ends.
8
Where a person in receipt of a gratuity rejoins service, in respect of which a pension is payable within 5 years of the commitment period coming to an end, the gratuity may be converted into pension under paragraph (6), if it is repaid within 12 months of rejoining.
Calculating gratuity payment
18
1
Subject to articles 19 and 20, the gratuity payable under article 17(2), “the appropriate amount” is calculated in accordance with the following formula —
CY + AD × GR
Where —
CY is complete years’ service;
AD is any additional days calculated at a rate of 1/365th for each day served; and
GR is the relevant gratuity rate as set out in the pension codes.
2
In paragraph (1), “relevant gratuity rate” means, as the case may be, the rate set out for —
a
a veterinary officer;
b
a medical or dental officer;
c
a cadet or person who is not a registered medical or dental practitioner; or
d
any other person.
Authorised abatements from gratuity payment
19
1
Subject to article 22, any gratuity payable to a medical or dental officer —
a
whose professional training has been completed with assistance under cadetship schemes for the entry of student doctors and student dentists, and
b
who fails to complete the commitment period after registering as a doctor or dentist with the General Medical Council or the General Dental Council of the United Kingdom,
shall be abated by a sum equivalent to the net amount of the education grant expended on tuition and maintenance during the period of training.
2
Any public or service debt outstanding at the time of payment of a gratuity under article 17(2) may be abated prior to payment, subject to restrictions imposed by the Pensions Act 1995 .
Impact of service on gratuity payment
20
1
Where a person ceases to serve before the end of the commitment period the Defence Council may substitute the commitment period for the number of complete years’ service in article 18(1).
2
Where a person’s service is terminated prior to the commitment period on account of unsatisfactory service, including misconduct, the Defence Council may award a gratuity at a rate not exceeding that for which the person could have been considered if they had been permitted to terminate service voluntarily.
3
Where a person has completed service under the commitment period, but this service is considered by the Defence Council to be unsatisfactory, the Defence Council may withhold the whole or part of the gratuity due.
Maternity, adoption and paternity leave
21
1
When calculating service for the payment of a gratuity under article 17(2) —
a
any period of paid ordinary maternity leave, ordinary adoption leave or paternity leave whether at the statutory minimum, reduced or full pay rate, will count as both qualifying and reckonable service;
b
if, more than six months before expiry of the commitment period and as a result of pregnancy or the adoption of a child, a person decides to retire or fails to complete the commission after pre-natal leave, ordinary maternity leave, additional maternity leave, ordinary adoption leave or additional adoption leave, the gratuity payment will be calculated pro rata.
2
In paragraph (1)(b), “pre-natal leave” means unpaid leave that is taken prior to the birth of a child.
Death in service gratuity payment
22
1
Where a person to whom a lump sum would have been payable under article 17(2) dies in service the lump sum will be paid as follows —
a
if the person leaves a surviving spouse, civil partner or eligible partner the gratuity shall be paid to that person;
b
if the person leaves no surviving spouse, civil partner or eligible partner, the gratuity may be divided equally among any eligible children;
c
if the person leaves no surviving spouse, civil partner or eligible partner, nor any eligible children, the Secretary of State may pay a lump sum to that person’s personal representatives.
2
Any lump sum payable under paragraph (1) shall not be subject to any deductions under article 19(1).
3
Where the deceased is not a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General or the Chaplain in Chief ( RAF ), the lump sum payable under this article is —
a
equal to three times the representative rate of pay based on the number of whole years served under the AFPS 1975; or
b
if greater, the amount of gratuity the deceased would have received had the deceased been invalided at the date of death.
4
Where the deceased is a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General, or the Chaplain in Chief (RAF), the deceased is deemed to have held the rank of lieutenant commander, major or squadron leader, for the purposes of calculating the representative rate for the lump sum.
Surviving eligible partner
23
A person is to be regarded as a surviving eligible partner of the deceased if the deceased left no surviving spouse or civil partner, but the person satisfies the Defence Council that at the time of the deceased’s death —
a
their relationship was exclusive, committed and long term;
b
their relationship was substantial;
c
they were not prevented from (as the case may be) marrying or forming a civil partnership; and
d
either the person was financially dependent on the deceased or they were financially interdependent.
Death in service short term pension
24
1
If a person dies in service with an entitlement to a gratuity under article 22 leaving a surviving spouse, civil partner or any eligible children, a short term pension shall be paid as follows —
a
in the case of a surviving spouse or civil partner with no dependent eligible children in his or her care, an amount equal to 91 days of pay;
b
in the case of a surviving spouse or civil partner with one dependent eligible child in his or her care, an amount equal to 182 days of pay;
c
in the case of a surviving spouse or civil partner with two or more dependent eligible children in his or her care, an amount equal to 273 days of pay.
2
If a person dies in service with an entitlement to a gratuity under article 22 leaving any eligible children in the care of a person other than a surviving spouse or civil partner, a short term pension may also be paid as follows —
a
in the case of one eligible child in the care of another person, an amount equal to 91 days of pay; and
b
in the case of two or more eligible children in the care of another person, an amount equal to 182 days of pay.
3
Any persons irrespective of number, who qualify under the terms of paragraphs (1) or (2), shall be awarded a short term pension for the specified period.
Eligible child
25
1
An eligible child for the purposes of any payments under articles 22 and 24, is any child who meets one of the conditions under paragraphs (2) to (9) and any of Conditions A to C in paragraphs (11) to (13).
2
The first condition is that the child is a legitimate child of the deceased where the deceased was married to or in a civil partnership with the child’s other parent before the death of the deceased.
3
The second condition is that the child is an illegitimate child of the deceased born before or within 9 months of the deceased’s death who was mainly dependent on the deceased at the time of the deceased’s death.
4
The third condition is that the child is an illegitimate child of —
a
the deceased’s spouse, or
b
the deceased’s civil partner,
who was born before or within 9 months of the deceased’s death and who was or would have been mainly dependent on the deceased and who meets the condition in paragraph (10).
5
The fourth condition is that the child is an adopted child of the deceased where the deceased was married to or had formed a civil partnership with the child’s other adoptive parent.
6
The fifth condition is that the child is an adopted child of the deceased, or the Defence Council is satisfied that the deceased had previously formed an intention to adopt the child before the deceased’s death, and the child was mainly dependent on the deceased at the date of the deceased’s death and meets the condition in paragraph 10.
7
The sixth condition is that the child is a step-child of the deceased where the natural or adoptive parent of the child was married to the deceased or was the deceased’s civil partner at the time of the deceased’s death and where the child was mainly dependent on the deceased at the date of death and meets the condition in paragraph (10).
8
The seventh condition is that the child is a grandchild of a person where the Defence Council considers that the child has been abandoned by its parents or the parents have died, where the child was mainly dependent on the deceased at the date of the deceased’s death and meets the condition in paragraph (10).
9
The eighth condition is that the child is a child of the natural or adoptive parent, or a step child of a person who was the deceased’s eligible partner before the deceased’s death and where the child was mainly dependent on the deceased at the date of death and meets the condition in paragraph (10).
10
The condition referred to in paragraphs (4), (6), (7), (8) and (9) is that the child was financially dependent on the deceased at the date of the deceased’s death or would have been had it been born before the death.
11
Condition A is that the child is aged under 17.
12
Condition B is that the child is aged under 23 and is —
a
in full time secondary education;
b
in full time further education that started immediately after ceasing full time secondary education; or
c
undertaking full-time vocational training which in the opinion of the Defence Council is unpaid or substantially unpaid.
13
Condition C is that the person (who may be aged over 18), was dependent on the deceased at the date of the deceased’s death because of physical or mental impairment and in the opinion of the Defence Council is incapable of earning a living.
14
For the purposes of Condition B, a child who takes a break not exceeding 15 months between concluding secondary education and beginning full-time further education or vocational training is assumed to be continuing in such education or training during the break.
15
Paragraph (14) does not apply at any time when the child’s health is such that it is reasonable to assume that the child will not be capable of undertaking any further education or training.
16
Nothing in paragraph (14) requires a child’s compensation to be paid during the break.
17
Any payments due to an eligible child under the age of 18 may be paid to the surviving spouse, civil partner or eligible partner of the deceased, or mother or father of the child, or other person responsible for the child’s maintenance, or the child direct as may be decided by the Defence Council.
18
Any payments due in relation to an eligible child under paragraph (13) may be made to a person at the discretion of the Defence Council.
Commuting service for teachers’ or NHS pension
26
A person serving under a short service commission who qualifies and opts for their service to be commuted as reckonable service into an existing scheme under sections 9 or 10 of the Superannuation Act 1972 or articles 11 or 12 of the Superannuation (Northern Ireland) Order 1972 will be responsible for the payment of both employer and employee contributions direct to the parent superannuation scheme as they fall due.
PART 4 THE ARMED FORCES RESETTLEMENT COMMUTATION SCHEME 2010
Interpretation of Part 4
27
1
The Scheme set out in this Part shall be known as the Armed Forces Resettlement Commutation Scheme 2010 (“the AFRCS 2010 ”).
2
In this Part —
“ill-health pension” means service invaliding retired pay or pension under the AFPS 1975;
“the life commutation scheme” is set out in rule J.7 of the AFPS 1975;
“the Scheme actuary” means the actuary appointed by or on behalf of the Defence Council to provide a consulting service on actuarial matters relevant to the AFRCS 2010.
Application
28
The AFRCS 2010 applies to persons serving in the armed forces before 6th April 2005, with an immediate entitlement to pension other than ill health pension, whose service ends on or after 6th April 2010.
Resettlement Commutation
29
1
A person may commute part of their pension, with restoration in full at age 55, to obtain an additional lump sum, subject to the following conditions —
a
they gave service on or after 31st March 1978;
b
they ceased to be in service with an immediate entitlement to pension other than ill health pension before the age of 55 years; and
c
in the opinion of the Defence Council their health on leaving service is satisfactory.
2
Commutation under both the life commutation scheme and the AFRCS 2010 is not permitted, except as stated under article 30(4).
3
Subject to paragraph (4), the option to commute under the AFRCS 2010 may only be exercised once and must be exercised on or before the last day of service.
4
Commutation will not be permitted where an officer has applied to rejoin the armed forces .
Factors affecting the amount of commutable pension
30
1
Subject to article 32, the maximum lump sum which can be commuted by a person shall be the difference between the lump sum awarded on leaving service and —
a
in the case of officers, the 34 year rate, and
b
in the case of someone who is not an officer, the 37 year rate,
set out in the pension codes at the date service ends.
2
Any supplements paid to a person shall be included when calculating resettlement commutation and pension.
3
Commutation under the AFRCS 2010 shall not be permitted to reduce the basic rate of pension by more than half for any person.
4
Subject to paragraph (3), where a person who is not an officer can raise less than £1000 under the AFRCS 2010, they may commute concurrently under the life commutation scheme to provide a combined sum of up to £1000 provided that the sum taken under the AFRCS 2010 is the maximum available.
5
The following awards are not commutable —
a
ill-health pension;
b
any proportion of pension based on purchased added years or additional voluntary contributions of any kind; and
c
preserved awards.
6
The amount of pension to be temporarily waived to secure a capital sum will be determined by the Scheme actuary.
7
In paragraph (5)(c), “preserved awards” refers to the preserved pension of a person who leaves service without being immediately entitled to a pension.
Repayment of resettlement commutation and abatement
31
1
Where a person leaves the armed forces with an immediate entitlement to pension, (“the old service”) and later rejoins (“the new service”), that person’s pay under the new service, combined with the existing pension in respect of their old service, shall not exceed the rate of pay (uprated for inflation), on the day before their old service ended.
2
If the pay under the new service and existing pension exceeds pay in the old service, the difference shall be deducted from pension.
3
Where a person leaves the armed forces having taken a lump sum under the AFRCS 2010, that person shall commence repayment of the lump sum with immediate effect.
4
Where a person having taken resettlement commutation later rejoins the armed forces in a post where the pay in the new service combined with existing pension exceeds pay in the old service, the difference shall be repaid in accordance with paragraph (2) and the repayment due in relation to the resettlement commutation sum shall be deducted from that revised sum.
5
Any deductions under paragraphs (2) and (4) shall be made from pension, with any shortfall immediately repayable.
Misconduct
32
Where a person’s service ends by reason of misconduct, the amount payable as set out in the pension codes is —
a
in the case of officers, the difference between the lump sum for length of service based on the 34 year rate for premature voluntary retirement; and
b
in the case of persons other than officers, the difference between the lump sum for length of service relating to misconduct and the 37 year rate.
PART 5 THE ARMED FORCES RESETTLEMENT GRANTS SCHEME 2010
Interpretation of Part 5
33
1
The Scheme set out in this Part shall be known as the Armed Forces Resettlement Grants Scheme 2010 (“the AFRGS 2010 ”).
2
In this Part —
“opted-out” refers to a person who is an active member of the AFPS 1975 on the day on which this Order comes into force and later ceases to be such a member whilst remaining eligible to be such a member;
“special forces” means the Special Air Service, the Special Boat Service and the Special Reconnaissance and Surveillance Unit.
Application
34
The AFRGS 2010 applies to persons serving in the armed forces before 6th April 2005 in the circumstances set out in this Part.
Entitlement to resettlement grants
35
1
A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person —
a
is an active member of the AFPS 1975 or has opted-out;
b
has the relevant years of reckonable service in the AFPS 1975;
c
is not entitled to the immediate payment of a pension under the AFPS 1975; and
d
either —
i
has not previously received a payment under the AFRGS 2010; or
ii
has made a repayment in respect of a payment previously received in sub-paragraph (i).
2
For the purposes of paragraph (1)(b), the “relevant years of reckonable service” —
a
in the case of a person who on ceasing service has held the rank of an officer for at least 2 years, is 9 years after reaching the age of 21; and
b
in the case of a person who is not an officer on ceasing service, is 12 years after reaching the age of 18.
3
Any payment due under paragraph (1) may be —
a
withheld on the ground of misconduct;
b
withheld or reduced where, in the opinion of the Defence Council, service has not been satisfactory; and
c
reduced to meet a public or service debt.
4
Where paragraph (1)(d)(i) applies, the lump sum payable is calculated in accordance with the rates as set out in the pension codes which vary according to whether —
a
the person has held their rank for at least 2 years; and
b
the person is a member of the special forces.
5
Where paragraph (1)(d)(ii) applies, the lump sum payable to a person following further service shall not exceed the proportion previously repaid.
Obligation to repay resettlement grant on rejoining armed forces or entering certain reserve forces service
36
1
Where a person receives a payment under article 35 and within a period of 121 days beginning with the date on which service ceases, rejoins the armed forces other than as a result of being recalled for service under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996 , the person must repay the relevant fraction of the amount paid.
2
Where a person receives a payment under article 35 and within a period of 30 days beginning with the date on which the person’s service ceases, rejoins service as a result of a commitment under section 24 (commitment to a period of full-time service), or section 25 (commitment to additional duties) of the Reserve Forces Act 1996, the person must repay the full amount.
3
In paragraph (1) “the relevant fraction” is calculated in accordance with the following formula —
{
1 −
a
121
} × Resettlement Grant
where “ a ” is the number of days beginning with the day after the person ceases to be in service and ending with the day before the person rejoins service.
PART 6 TRANSITIONAL PROVISIONS
Transitional Provisions for Part 4
37
1
In this article, “the corresponding provisions” means —
a
the Naval and Marine (Resettlement Commutation Scheme) Order 2009 , paragraphs 1 to 13;
b
the Army (Resettlement Commutation) Warrant 2009 , Parts 2 and 3; and
c
the Queen’s Regulations for the Royal Air Force Chapter 49 regulations 3285 to 3287.
2
In article 31, reference to a “lump sum under the AFRCS 2010” in paragraph (3) and to a “resettlement commutation” in paragraph (4) shall include a resettlement commutation paid under the corresponding provisions.
Transitional Provisions for Part 5
38
1
In this article, “the corresponding provisions” means —
a
the Naval and Marine Pay and Pensions (Non Effective Benefits and Family Pensions) Order 2009 , paragraphs 13 to 18 of section 3 of Schedule 13 and paragraph 17 of Schedule 15;
b
the Army Pensions Warrant 1977 articles 67 to 70, 167A to 167C and 436; and
c
the Queen’s Regulations for the Royal Air Force , Chapter 40 regulation 3063 and Chapter 47, regulation 3267.
2
In article 35, reference in paragraph (1)(d)(i) to “a payment under the AFRGS 2010” or to “a repayment” in paragraph (1)(d)(ii) shall include a payment or repayment under the corresponding provisions.
3
In article 36(1) and (2), references to “a payment under article 35” include a payment under the corresponding provisions.
PART 7 REVOCATION
39
The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) Order 2010 is revoked .
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
17th March 2010


type: legislation

jurisdiction: UK

text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Exeter and Devon (Structural Changes) Order 2010 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 5 functions” means the other transitional functions referred to in article 5;
“existing” means existing on the day on which this Order is made;
“Exeter”, except the second mention of that word in article 3(2), in article 3(3), and in the expressions “the Exeter county electoral divisions” and “Exeter City Council”, means the city of Exeter;
“Exeter City Council” means the non-metropolitan district council of that name ;
“the Exeter county electoral divisions” means the existing county electoral divisions of Alphington and Cowick, Duryard and Pennsylvania, Exwick and St Thomas, Heavitree and Whipton and Barton, Newtown and Polsloe, Pinhoe and Mincinglake, Priory and St Leonard’s, St David’s and St James, and St Loyes and Topsham that are established by article 3 of the County of Devon (Electoral Changes) Order 2004 ;
“the 2011 election day ” means the ordinary day of election of councillors in 2011;
“the Implementation Executive ” means the body established (whether before or after the coming into force of this Order) for the purposes of article 4(3);
“the main transitional function” has the meaning given by article 4(1);
“the proper officer”, in relation to any purpose and Exeter City Council or Devon County Council, means the officer appointed for that purpose by that council; and
“the transitional period” means the period beginning on the date when this Order comes into force and ending on the fourth day after the 2011 election day.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN EXETER
Single tier local government in Exeter
3
1
On 1st April 2011 Exeter shall cease to form part of the county of Devon.
2
For the purposes of enactments relating to local government, there shall be a new county, whose area shall be co-terminous with that of Exeter; and the name of that new county shall be Exeter.
3
In relation to the county of Exeter, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
4
On and after 1st April 2011 Exeter City Council shall be the sole principal council for Exeter.
5
On 1st April 2011 —
a
the Exeter county electoral divisions shall cease to exist; and
b
the term of office of the persons who, immediately before that date, are the elected members of Devon County Council for those divisions shall expire.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Main transitional function and Implementation Executive
4
1
On the coming into force of this Order until the end of the transitional period there shall be added to the functions of Exeter City Council and Devon County Council the function of preparing for and facilitating the economic, effective, efficient and timely transfer to Exeter City Council of Devon County Council’s functions, property, rights and liabilities, in so far as they relate to Exeter (“the main transitional function”).
2
Throughout the transitional period, section 14 of the 2000 Act (discharge of functions: general) shall have effect in relation to Exeter City Council and —
a
the main transitional function, and
b
the article 5 functions,
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Exeter and Devon (Structural Changes) Order 2010”.
3
Exeter City Council’s executive arrangements shall provide for the discharge of the main transitional function and the article 5 functions to be the responsibility, throughout the transitional period, of a committee of the City Council’s executive , to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the transitional period to, or in relation to, the Implementation Executive subject to paragraphs (5), (6) and (8) to (11) of this article and article 6(2) and (3); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of —
a
the person who, for the time being, is the leader of Exeter City Council’s executive;
b
ten other persons nominated by that Council who, for the time being, are members of that Council; and
c
four persons nominated by Devon County Council who are for the time being members of that Council elected for any of the Exeter county electoral divisions.
6
In making the nominations referred to in paragraph (5)(b) and (c), Exeter City Council and Devon County Council shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party, the Liberal Democrat Party and the Liberal Party are each represented on the Implementation Executive by at least one member.
7
It shall be the duty of Exeter City Council and Devon County Council to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of Exeter City Council’s executive.
9
The persons who, immediately before 1st April 2011, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Implementation Executive notwithstanding that they cease on that date to be members of Devon County Council.
10
The Implementation Executive shall regulate its own proceedings, but a question to be decided by that Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Implementation Executive) having one vote.
11
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Implementation Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions of the Implementation Executive
5
1
The other transitional functions which are to be exercisable only during the transitional period are —
a
the existing executive and non-executive functions of Exeter City Council and Devon County Council; and
b
such other functions (including functions conferred on or after the day on which this Order is made on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State specifies as a function or responsibility of the Implementation Executive.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
6
1
The discharge of the main transitional function and the article 5 functions shall be a responsibility, throughout the transitional period, of the Implementation Executive.
2
Section 14(5) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in the transitional period in relation to the Implementation Executive as if the reference to an officer of the authority included a reference to —
a
a sub-committee of the Implementation Executive, and
b
an officer of Devon County Council.
3
Section 14(6) of the 2000 Act (which enables the discharge of a function by a person despite that person having made arrangements for the discharge of that function by a different person) shall have effect in the transitional period in relation to arrangements made under subsection (5) of that section (as modified by paragraph (2) above) as if the reference to an officer of the authority included a reference to —
a
a sub-committee of the Implementation Executive, and
b
an officer of Devon County Council.
4
Section 21 of the 2000 Act (overview and scrutiny) shall not apply during the transitional period in relation to any matter that is a responsibility of the Implementation Executive by virtue of paragraph (1).
5
During the transitional period, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 6(6) of the Exeter and Devon (Structural Changes) Order 2010”.
6
During the transitional period, Exeter City Council and Devon County Council shall discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter that is a responsibility of that Executive by virtue of paragraph (1); and
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any such responsibility.
7
The joint committee established pursuant to paragraph (6) shall at least once in each period of three months during the transitional period inform Exeter City Council and Devon County Council of —
a
the matters that it has considered, and
b
the conclusions (if any) that it has reached concerning those matters.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
7
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as are in the opinion of the Implementation Executive necessary or desirable to secure the economic, effective, efficient and timely discharge of the main transitional function and the article 5 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of Exeter City Council’s functions on or after 1st April 2011.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 5 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by Exeter City Council to the Secretary of State in support of its proposal for single tier local government in Exeter and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of Exeter City Council, or
b
the proper officer of Devon County Council,
require the council referred to in the notice to take such action relevant to the main transitional function and the article 5 functions as may be specified in the notice.
Implementation Team
8
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting that Executive in the discharge of the main transitional and article 5 functions (“the Implementation Team”).
2
The Implementation Team shall include officers from both Exeter City Council and Devon County Council.
3
The leader of the Implementation Team shall be such member of that Team, being also an officer of Exeter City Council, as the Implementation Executive shall appoint.
4
It shall be the duty of Exeter City Council and Devon County Council to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require.
PART 4 DUTIES OF EXETER CITY COUNCIL AND DEVON COUNTY COUNCIL RELEVANT TO TRANSITION
General transitional duties of Exeter City Council and Devon County Council
9
1
It shall be the duty of Exeter City Council and Devon County Council —
a
to take, whether alone or together, such steps as may be necessary to prepare for the transfer to Exeter City Council of Devon County Council’s functions, property, rights and liabilities relating to Exeter;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), Exeter City Council and Devon County Council shall provide such information relating to its functions as the other council or the Implementation Executive may reasonably request for the purpose of implementing this Order.
3
Any person authorised in that behalf by the body making the request shall be entitled, at all reasonable times, on producing evidence of such authority (if so required by the council from which the information is sought) —
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5 ELECTORAL MATTERS
Elections to Exeter City Council in 2011 and terms of office of councillors
10
1
Subject to the following provisions of this article, elections of councillors for wards of Exeter City Council shall be by thirds .
2
A whole council election of councillors of Exeter City Council shall be held on the 2011 election day.
3
The election held on the 2011 election day shall be conducted on the basis of the existing wards of the city .
4
The proper officer of Exeter City Council shall take such steps as are necessary or appropriate to prepare for the election on the 2011 election day, including the making of all necessary alterations in the electoral register.
5
The order and date of retirement of councillors elected in 2011 shall be as set out in the Schedule.
6
Of the councillors elected in 2011 for any ward of the city —
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Cancellation of elections
11
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held on the ordinary day of election of councillors in 2010 for the return of councillors to Exeter City Council; and
b
the term of office of all councillors elected to Exeter City Council before the 2011 election day shall end on the fourth day after the 2011 election day.
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in any of the Exeter county electoral divisions where that vacancy arises after 30th September 2010 and before 1st April 2011.
Amendment of the City of Exeter (Electoral Changes) Order 1999
12
On 1st April 2011 the City of Exeter (Electoral Changes) Order 1999 is amended by the omission of article 3 (elections of the council of Exeter).
Amendment of the County of Devon (Electoral Changes) Order 2004
13
On 1st April 2011 the County of Devon (Electoral Changes) Order 2004 is amended —
a
in article 3(2) (electoral divisions of the county of Devon) for “sixty-two” substitute “fifty-three”; and
b
in the Schedule omit the heading “In the city of Exeter” and all entries under that heading.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
24th March 2010


text:
Citation and commencement
1
This Order may be cited as the Asylum (Designated States) Order 2010.
2
This Order comes into force on the day after it is made, but does not apply to an asylum claim or human rights claim made before that date.
Designated States – addition of States
3
In the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002, at the end insert —
nn
Kosovo,
oo
South Korea.
Phil Woolas
Minister of State
Home Office
2nd March 2010


text:
1
This Scheme may be cited as the M5 Motorway (Junction 29 Connecting Road) Scheme 2010 and shall come into force on 1st April 2010.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
a
“special road” means the Motorway and its connecting roads; and
b
“connecting road” means the special road described in the Schedule to this Scheme.
3
The Secretary of State is authorised to provide the special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of the special road is indicated by a heavy black line on the plan numbered HA/16/NOD/002, marked “The M5 Motorway (Junction 29 Connecting Road) Scheme 2010”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
5
The special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director
Highways Agency
11th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Building Societies (Financial Assistance) Order 2010.
2
It comes into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“the 1986 Act ” means the Building Societies Act 1986 ;
“ the Authority ” means the Financial Services Authority ;
“qualifying institution” means the Treasury, the Bank of England, another central bank of a Member State of the European Economic Area or the European Central Bank;
“relevant building society” means any building society which —
receives financial assistance from a qualifying institution,
has entered into an agreement with a qualifying institution under which it may receive financial assistance from that institution, or
has received an offer of such an agreement, or of financial assistance, from a qualifying institution;
“section 1(1)(a) function” means the function of the Authority set out in section 1(1)(a) of the 1986 Act (functions of the Authority) .
2
References in this Order to a qualifying institution include —
a
any person acting for or on behalf of that qualifying institution;
b
any person providing, offering, or entering into an agreement for the provision of, financial assistance to a building society, who does so on the basis of financial assistance that person receives from the qualifying institution in question for that purpose.
Purpose or principal purpose of building societies
3
1
Section 5 of the 1986 Act (establishment, constitution and powers) applies in relation to a relevant building society with the following modification.
2
No relevant building society shall be regarded as failing to comply with section 5(1)(a) (purpose or principal purpose) by virtue of any financial assistance it receives from a qualifying institution.
3
The powers conferred on the Authority by sections 36 and 37 of the 1986 Act (power to direct restructuring of business etc and powers to petition for winding up etc) shall not become exercisable in relation to a building society which receives financial assistance if, but for the financial assistance, they would not have become exercisable.
4
Sections 5(4A), 36(1) and 37(1) shall be construed accordingly.
5
The Authority shall disregard, for the purposes of its section 1(1)(a) function, a building society to which paragraph (3) applies.
The lending limit
4
1
Section 6(1) of the 1986 Act (the lending limit) shall not apply in relation to a relevant building society for the relevant period where —
a
the society receives financial assistance from a qualifying institution,
b
as a consequence of the financial assistance, the society transfers, assigns or otherwise disposes of any of its assets, and
c
that transfer, assignment or other disposal would, apart from this article, put the society in breach of section 6(1).
2
No building society within paragraph (1) shall be regarded as failing to comply with section 5(1)(a) of the 1986 Act in the relevant period by virtue of the matters referred to in paragraph (1).
3
The powers conferred on the Authority by sections 36 and 37 of the 1986 Act shall not become exercisable in relation to a building society within paragraph (1) in respect of the relevant period.
4
Sections 5(4A), 36(1) and 37(1) shall be construed accordingly.
5
In the relevant period the Authority shall disregard, for the purposes of its section 1(1)(a) function, a building society within paragraph (1).
6
In this article “the relevant period” is the period commencing on the date on which paragraph (1) is first satisfied in relation to the society and ending —
a
one year after that date, or
b
if later, on the date on which the financial assistance referred to in paragraph (1) is no longer provided.
The funding limit
5
1
Section 7 of the 1986 Act (the funding limit) applies to a relevant building society with the following modification.
2
There shall be disregarded for the purposes of section 7(2) any financial assistance the society receives from a qualifying institution.
Raising funds and borrowing
6
Section 8(1)(c) of the 1986 Act (raising funds and borrowing) shall not apply to a relevant building society in relation to any financial assistance the society receives from, or is offered by, a qualifying institution.
Floating charges
7
1
Section 9B(1) of the 1986 Act (restriction on creation of floating charges) shall not apply to a relevant building society in relation to any relevant floating charge.
2
Section 9B(2) shall not apply to any relevant floating charge.
3
In this article a “relevant floating charge” is a floating charge created by a relevant building society in favour of a qualifying institution in connection with any financial assistance the society receives from that qualifying institution.
Memorandum and rules
8
1
Schedule 2 to the 1986 Act (establishment, incorporation and constitution of building societies) applies in relation to a relevant building society with the following modifications.
2
Paragraph 2 (the memorandum) shall have effect as if, after sub-paragraph (4), there were inserted —
4A
However, no provision of the memorandum of a building society shall be binding on any member or officer of the society, or on any person claiming on account of a member or under the rules, to the extent that it would prevent the society (whether acting through its officers or otherwise) from —
a
receiving any financial assistance from a qualifying institution, or
b
entering into any transaction connected with the receipt of such financial assistance,
and sub-paragraph (4) shall be construed accordingly.
4B
In sub-paragraph (4A) —
a
“financial assistance” has the same meaning as in section 251 of the Banking Act 2009 and “qualifying institution” means the Treasury, the Bank of England, another central bank of a Member State of the European Economic Area or the European Central Bank; and
b
references to a qualifying institution include —
i
any person acting for or on behalf of that institution, and
ii
any person providing, offering, or entering into an agreement for the provision of, financial assistance to a building society, who does so on the basis of financial assistance that person receives from the qualifying institution for that purpose.
.
3
Paragraph 3 (the rules) shall have effect as if, after sub-paragraph (2), there were inserted —
2A
However, nothing in the rules of a building society shall be binding on any member or officer of the society, or on any person claiming on account of a member or under the rules, to the extent that it would prevent the society (whether acting through its officers or otherwise) from —
a
receiving any financial assistance from a qualifying institution, or
b
entering into any transaction connected with the receipt of such financial assistance,
and sub-paragraph (2) shall be construed accordingly.
2B
In sub-paragraph (2A) —
a
“financial assistance” and “qualifying institution” have the same meanings as in paragraph 2(4A) (see paragraph 2(4B)); and
b
references to a qualifying institution include —
i
any person acting for or on behalf of that institution, and
ii
any person providing, offering, or entering into an agreement for the provision of, financial assistance to a building society, who does so on the basis of financial assistance that person receives from the qualifying institution for that purpose.
.
4
No member of a building society may bring proceedings under paragraph 16(2) (capacity of society not limited by its memorandum) to restrain the doing of any act by a building society for or in connection with the receipt of financial assistance from a qualifying institution.
5
Paragraph 16(3) shall not operate so as to —
a
require the directors to observe any limitations on their powers flowing from the society’s memorandum which would, apart from this article, prevent them entering into any transaction for or in connection with the receipt of financial assistance by the society from a qualifying institution, or
b
require any such action by the directors which, but for paragraph 16(1), would be beyond the society’s capacity, to be ratified by the society by special resolution.
Application of companies winding up legislation to building societies
9
1
Schedule 15 to the 1986 Act (application of companies winding up legislation to building societies) applies in relation to a relevant building society with the following modifications.
2
In paragraph 3(2) , omit paragraph (b).
3
In paragraph 33, for “subsections (2) and (4) to (6)” substitute “subsections (2), (5) and (6)”.
4
In paragraph 55E , for “paragraphs (2) and (4) to (6)” substitute “paragraphs (2), (5) and (6)”.
Application of other companies insolvency legislation to building societies
10
Section 90A of the 1986 Act (application of other companies insolvency legislation to building societies) applies in relation to a relevant building society as if —
a
after “England and Wales” in paragraph (c) there were inserted “, Scotland”;
b
after “receivers and managers” in that paragraph there were inserted “, receivers or administrative receivers”.
11
1
Schedule 15A to the 1986 Act (application of other companies insolvency legislation to building societies) applies in relation to a relevant building society with the following modifications.
2
In paragraph 1(2)(a) , for “Chapter I of Part III” substitute “Chapters I, II and III of Part III”.
3
In paragraph 2(2), omit paragraph (b).
4
In paragraph 11 —
a
in sub-paragraph (2), for “is a reference to the Authority” substitute “includes a reference to the Authority”;
b
omit sub-paragraph (3).
5
Omit paragraphs 12, 13, 18 and 20.
6
For paragraph 27, substitute —
27
1
Subsection (3) of section 40 of the Act (payment of debts out of assets subject to floating charge) as applied to a building society has effect as if the reference to general creditors included a reference to holders of shares in the society.
2
Subsection (3) of section 59 of the Act (priority of debts) as applied to a building society has effect as if the reference to ordinary creditors included a reference to holders of shares in the society.
27A
Subsection (1) of section 46 of the Act (information to be given by administrative receiver) or subsection (1) of 65 of the Act (information to be given by receiver) as applied to a building society has effect as if the reference to all the creditors of the society included a reference to all the holders of shares in the society.
27B
Subsection (2) of section 47 of the Act (statement of affairs to be submitted) or subsection (2) of section 66 of the Act (building society’s statement of affairs) as applied to a building society has effect as if the reference to its creditors included a reference to all holders of shares in the society.
27C
Section 48 of the Act (report by administrative receiver) or section 67 of the Act (report by receiver) as applied to a building society has effect as if —
a
the reference in subsection (1) to the Authority included a reference to the scheme manager;
b
the reference in subsection (1)(d) to other creditors included a reference to holders of shares in the society;
c
the references in paragraphs (a) and (b) of subsection (2) to unsecured creditors of the society included references to holders of shares in the society; and
d
the reference in subsection (2) to a meeting of the society’s unsecured creditors included a reference to a meeting of holders of shares in the society.
27D
Subsection (1) of section 49 or 68 of the Act (committee of creditors) as applied to a building society has effect as if the reference to a meeting of creditors included a reference to a meeting of holders of shares in the society.
.
7
In paragraph 33 —
a
in sub-paragraph (2), for “is a reference to the Authority” substitute “includes a reference to the Authority”;
b
omit sub-paragraph (3).
8
Omit paragraphs 34, 35, 40 and 42.
9
For paragraph 49, substitute —
49
Paragraph (3) of Article 50 of the Order (payment of debts out of assets subject to floating charge) as applied to a building society has effect as if the reference to general creditors included a reference to holders of shares in the society.
49A
Paragraph (1) of Article 56 of the Order (information to be given by administrative receiver) as applied to a building society has effect as if the reference to all the creditors of a society included a reference to all the holders of shares in the society.
49B
Paragraph (2) of Article 57 of the Order (statement of affairs to be submitted) as applied to a building society has effect as if the reference to its creditors included a reference to all holders of shares in the society.
49C
Article 58 of the Order (report by administrative receiver) as applied to a building society has effect as if —
a
the reference in paragraph (1) to the Authority included a reference to the scheme manager;
b
the reference in paragraph (1)(d) to other creditors included a reference to holders of shares in the society;
c
the references in sub-paragraphs (a) and (b) of paragraph (2) to unsecured creditors of the society included references to holders of shares in the society; and
d
the reference in paragraph (2) to a meeting of the society’s unsecured creditors included a reference to a meeting of holders of shares in the society.
49D
Paragraph (1) of article 59 of the Order (committee of creditors) as applied to a building society has effect as if the reference to a meeting of creditors included a reference to a meeting of holders of shares in the society.
.
12
The Building Societies (Financial Assistance) Order 2008 is revoked.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central London Community Healthcare National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Central London Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Citation and commencement
1
1
This Order may be cited as the Southern Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Southern Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“relevant council” is to be read in accordance with article 3(3) ;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Southern Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Southern Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the combined areas of the relevant councils (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (4) ).
3
The “relevant councils” are —
Borough of Poole Council;
Bournemouth Borough Council;
Dorset County Council;
Hampshire County Council;
Isle of Wight Council;
Portsmouth City Council;
Southampton City Council.
4
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (5) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
5
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 2 of that Table.
6
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Southern Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Southern Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 21 members.
2
Of those 21 members —
a
9 (the “council members”) must be members of relevant councils and must be appointed in accordance with paragraph (3) ;
b
10 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (4) .
3
The number of council members to be appointed by each relevant council is as follows —
Relevant council Number of members
Borough of Poole Council 1 Bournemouth Borough Council 1 Dorset County Council 2 Hampshire County Council 2 Isle of Wight Council 1 Portsmouth City Council 1 Southampton City Council 1
4
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
6 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2) .
2
The percentage of those expenses to be defrayed by each relevant council is as follows —
Relevant council Percentage
Borough of Poole Council 4.44% Bournemouth Borough Council 3.64% Dorset County Council 27.85% Hampshire County Council 40.40% Isle of Wight Council 14.35% Portsmouth City Council 5.02% Southampton City Council 4.30%
3
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
PART 1 Preliminary
Citation, commencement and application
1
1
These Regulations may be cited as the Social Security Contributions (Amendment No. 4) Regulations 2010.
2
These Regulations shall come into force on 6th April 2010 immediately after the coming into force of the Finance Act 2009, Schedule 56 (Appointed Day and Consequential Provisions) Order 2010 and the Income Tax (Pay As You Earn) (Amendment) Regulations 2010 .
3
Regulations 3, 4, 5(a) and (c), 6, 7, 8(1) and 9(b) shall apply only in relation to the tax year 2010-11 and subsequent tax years.
4
Regulations 5(b), 8(2) and 9(a) shall apply only in relation to the tax year 2011-12 and subsequent tax years.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
PART 2 Collection of Class 1, 1A and 1B contributions: penalties
Penalties for failure to make payments of Class 1, 1A and 1B contributions on time
3
After regulation 67 insert —
Penalty for failure to make payments on time: Class 1 contributions
67A
Schedule 56 to the Finance Act 2009 (“Schedule 56 FA 2009”) (penalty for failure to make payments on time) shall apply in relation to the late payment of Class 1 contributions, as if —
a
the Class 1 contributions were an amount of tax falling within item 2 of the Table in paragraph 1 of Schedule 56 FA 2009 (“the Table”),
b
references to the PAYE Regulations were references to these Regulations, and
c
references to “an assessment or determination” in item 24 of the Table were references to a decision made under section 8(1)(c) of the Social Security Contributions (Transfer of Functions, etc ) Act 1999 .
Penalty for failure to make payments on time: Class 1A and Class 1B contributions
67B
Schedule 56 to the Finance Act 2009 (“Schedule 56 FA 2009”) shall apply in relation to the late payment of Class 1A and Class 1B contributions, as if —
a
the Class 1A and Class 1B contributions were an amount of tax falling within item 3 of the table in paragraph 1 of Schedule 56 FA 2009,
b
in the case of Class 1B contributions, the reference to “amount shown in return under section 254(1) of FA 2004” was a reference to the amount payable under section 10A of the Act , and
c
the reference to section 254(5) of the Finance Act 2004 was a reference to these Regulations.
.
Penalties for errors in Class 1A returns and decisions
4
For regulation 81(1) (penalties for failure to make returns and incorrect returns) substitute —
1
Schedule 24 to the Finance Act 2007 (penalties for errors) applies to the return of contributions referred to in regulation 80(1) (return by employer) as if —
a
Class 1A contributions were a tax; and
b
that tax and the return of contributions in relation to it were listed in the table in paragraph 1 of that Schedule.
1A
That Schedule also applies to decisions made under section 8(1)(c) of the Social Security Contributions (Transfer of Functions, etc) Act 1999 regarding Class 1A contributions and for that purpose a reference in the Schedule to an assessment is to be treated as if it included a reference to a decision and “under-assessment” shall be construed accordingly.
1B
Paragraphs (6) to (9) do not apply in relation to penalties under paragraphs (1) and (1A).
.
PART 3 Electronic communications
Mandatory electronic payment
5
In regulation 90H (mandatory electronic payment) —
a
for paragraph (1) substitute —
1
An employer who is a large employer within the meaning of regulation 191 (large and medium sized employers) of the PAYE Regulations must pay the specified payment using an approved method of electronic communications
,
b
in the paragraph (1) inserted by paragraph (a) of this regulation, for the words “191 (large and medium sized employers)” substitute “198A (large employers)”, and
c
after paragraph (4) insert —
5
A specified payment is not treated as received in full by HMRC on or before the date by which that specified payment is required in accordance with paragraph 10 or paragraph 11 of Schedule 4 unless it is made in a manner which secures (in a case where the specified payment is made otherwise than in cash) that, on or before that date, all transactions can be completed which need to be completed before the whole amount of the specified payment becomes available to the Commissioners for Her Majesty’s Revenue and Customs.
.
Default and surcharges
6
The following are omitted —
a
regulation 90I (employer in default if specified payment not received by applicable due date),
b
regulation 90J (default notice and appeal),
c
regulation 90K (default surcharge), and
d
regulation 90L (surcharge notice and appeal).
Paragraph 22 return and specified payments
7
In regulation 90M (paragraph 22 return and specified payments), for the definition of “specified payments” substitute —
“specified payments” means payments of earnings-related contributions under paragraph 10 (payments made monthly by employer) or paragraph 11 (payments made quarterly by employer) of Schedule 4.
.
Mandatory use of electronic communications
8
1
For regulation 90N (mandatory use of electronic communications) substitute the following —
Mandatory use of electronic communications
90N
1
An employer (as to which see regulation 90NA) must deliver a paragraph 22 return to an official computer system using an approved method of electronic communications .
2
If the Commissioners for Her Majesty’s Revenue and Customs have made a direction under regulation 205B(1) of the PAYE Regulations requiring a particular method of electronic communication to be used in the case of an employer, the employer must use that method.
3
This regulation does not apply to a return in respect of retrospective earnings where those earnings relate to a tax year which is closed (see paragraph 1(2) of Schedule 4) at the time the relevant retrospective contributions regulations come into force.
Employers
90NA
1
For the purposes of regulation 90N, the following shall not be regarded as employers —
a
an individual who is a practising member of a religious society or order whose beliefs are incompatible with the use of electronic communications,
b
a partnership, if all the partners fall within sub-paragraph (a),
c
a company, if all the directors and company secretary fall within sub-paragraph (a),
d
an employer who is authorised by HMRC to deduct tax from relevant payments made to employees in accordance with regulation 34 of the PAYE Regulations (simplified deduction scheme for personal employees) and who has not received an incentive payment, and
e
a care and support employer.
2
In paragraph (1)(c), “company” means a body corporate or unincorporated association but does not include a partnership.
3
In paragraph (1)(e), a “care and support employer” means an individual (“the employer”) who employs a person to provide domestic or personal services at or from the employer’s home where —
a
the services are provided to the employer or a member of the employer’s family,
b
the recipient of the services has a physical or mental disability, or is elderly or infirm,
c
the employer has not received an incentive payment in respect of the last 3 tax years, and
d
it is the employer who delivers the paragraph 22 return (and not some other person on the employer’s behalf).
4
In this regulation “incentive payment” means an incentive payment received under the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003 .
.
2
In paragraph (2) of regulation 90N inserted by paragraph (1) for “205B(1)” substitute “205(2)”.
Penalties and appeals
9
In regulation 90P (penalties and appeals) —
a
for paragraph (3)(b) substitute —
b
been subject to a penalty for failing to deliver the return and accompanying information required by regulation 73 of the PAYE Regulations (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)) in accordance with regulation 205 (mandatory use of electronic communication) of those Regulations.
, and
b
after paragraph 4(a) insert —
aa
the employer is not regarded as an employer for the purposes of regulation 90N,
.
PART 4 Deduction of earnings-related contributions
Certificate of contributions paid
10
In paragraph 9(2) of Schedule 4 (deduction of earnings related contributions), omit the words “or the employee was not in the employer’s employment on the last day of the tax year”.
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010.
2
This article, articles 2, 5, 6 and 8 and Schedule 2 come into force on the day after the day on which this Order is made.
3
Any other provision of this Order which confers, amends or substitutes powers enabling rules, regulations or orders to be made, comes into force on the day after the day on which this Order is made, but only for the purpose of the exercise of those powers.
4
Except as provided for by paragraph (2) or (3), the provisions of this Order come into force on such day as the Privy Council may by order appoint.
5
Different days may be appointed by an order under paragraph (4) for different provisions or different purposes.
Interpretation
2
In this Order, “the 1983 Act ” means the Medical Act 1983 .
Abolition of the Postgraduate Medical Education and Training Board
3
The Postgraduate Medical Education and Training Board is abolished.
Amendments to the 1983 Act
4
The amendments to the 1983 Act set out in Schedule 1 have effect.
Transitional, transitory and saving provisions
5
1
The transitional, transitory and saving provisions set out in Schedule 2 have effect.
2
In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
3
The power to make an order under paragraph (2) may be exercised —
a
so as to make different provision with respect to —
i
different cases or different classes of cases, or
ii
the same case or class of case for different purposes;
b
in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
c
so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
Privy Council procedures etc.
6
1
The power of the Privy Council to make an order under article 1(4) or 5(2) may be exercised by any two or more members of the Privy Council.
2
The power to make an order under article 1(4) or 5(2) shall be exercisable by statutory instrument.
3
The making of an order under article 1(4) or 5(2) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power to which paragraph (2) applies is to be taken to be conferred by an Act of Parliament.
5
Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of —
a
the fact that the order was duly made; and
b
the order’s terms.
Consequential amendments and revocations
7
1
The consequential amendments to primary legislation set out in Part 1 of Schedule 3 have effect.
2
The consequential amendments to subordinate legislation set out in Part 2 of Schedule 3 have effect.
3
The revocations of subordinate legislation set out in Part 3 of Schedule 3 have effect.
Extent
8
1
Subject to paragraph (2), this Order extends to England and Wales, Scotland and Northern Ireland.
2
The extent of the amendment or revocation of any enactment in Schedule 3 is the same as that of the amended or revoked enactment.
Judith Simpson
Clerk of the Privy Council