text:
PART 1 Introduction
Citation
1
These Regulations may be cited as the Nitrate Pollution Prevention Regulations 2008.
Application
2
1
These Regulations apply in England.
2
Parts 3 to 8 only apply in relation to a holding in a nitrate vulnerable zone designated as such in these Regulations (in the case of a holding partly in a nitrate vulnerable zone, they apply only in the part of the holding inside the zone, and a reference to a holding is a reference to that part).
Coming into force
3
1
These Regulations (other than regulation 22(1) and Part 7) come into force on 1st January 2009.
2
Regulation 22(1) and Part 7 come into force on 1st January 2012.
Transitional measures for holdings not previously in a nitrate vulnerable zone
4
In a holding or part of a holding which was not part of a nitrate vulnerable zone under the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 or the Nitrate Vulnerable Zones (Additional Designations) England ( No. 2) Regulations 2002 , but which is designated as part of a nitrate vulnerable zone under these Regulations —
a
Parts 3 and 4, regulations 19 to 21, 22(2), 23, Part 6 and Part 8 do not apply until 1st January 2010, and
b
the requirements in regulations 35(1) and 36(1) to record the size of the holding and storage capacity do not apply until 30th April 2010.
Meaning of “polluted water”
5
Water is polluted if —
a
it is freshwater and contains a concentration of nitrates greater than 50 mg/l, or could do so if these Regulations were not to apply there, or
b
it is eutrophic or may in the near future become eutrophic if these Regulations were not to apply there.
Interpretation
6
In these Regulations —
“eutrophic” means water that is enriched by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life that produces an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
“land that has a low run-off risk” means land that has an average slope less than 3°, does not have land drains (other than a sealed impermeable pipe), and is at least 50 metres from a watercourse or conduit leading to a watercourse;
“livestock” means any animal (including poultry) specified in Schedule 1;
“manufactured fertiliser” means any nitrogen fertiliser (other than organic manure) manufactured by an industrial process;
“nitrogen fertiliser” means any substance containing one or more nitrogen compounds used on land to enhance growth of vegetation and includes organic manure;
“poultry” means poultry specified in Schedule 1;
“organic manure” means any nitrogen fertiliser derived from animal, plant or human sources and includes livestock manure;
“sandy soil” means any soil over sandstone, and any other soil where —
in the layer up to 40 cm deep, there are —
more than 50 per cent by weight of particles from 0.06 to 2 mm in diameter,
less than 18 per cent by weight of particles less than 0.02 mm diameter, and
less than 5 per cent by weight of organic carbon, and
in the layer from 40 to 80 cm deep, there are —
more than 70 per cent by weight of particles from 0.06 to 2 mm in diameter;
less than 15 per cent by weight of particles less than 0.02 mm diameter;
less than 5 per cent by weight of organic carbon;
“shallow soil” is soil that is less than 40 cm deep;
“slurry” means excreta produced by livestock (other than poultry) while in a yard or building (including any bedding, rainwater or washings mixed with it) that has a consistency that allows it to be pumped or discharged by gravity (in the case of excreta separated into its liquid and solid fractions, the slurry is the liquid fraction);
“spreading” includes application to the surface of the land, injection into the land or mixing with the surface layers of the land but does not include the direct deposit of excreta on to land by animals.
PART 2 Designation of nitrate vulnerable zones
Designation of nitrate vulnerable zones
7
1
The areas marked as nitrate vulnerable zones on the maps marked “Nitrate Vulnerable Zones (England 2008)” and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR are designated as nitrate vulnerable zones for the purposes of these Regulations.
2
These are areas of land that drain into polluted waters and that contribute to the pollution of those waters.
Application for a declaration
8
1
The owner or occupier of any holding within a nitrate vulnerable zone may apply to an independent panel appointed by the Secretary of State for the purpose of these Regulations for a finding that the holding or part of it —
a
does not drain into water identified by the Secretary of State as being polluted, or
b
drains into water that the Secretary of State should not have identified as being polluted,
and accordingly the land should not be designated as a nitrate vulnerable zone.
2
An application must be based on either —
a
data provided by the applicant, or
b
evidence provided by the applicant that the data used by the Secretary of State were incorrect.
3
The Secretary of State must publish the manner and form in which the application must be made.
4
An application must be made in writing on or before 31st January 2009, must be made in the manner and form published by the Secretary of State and must include all the documentation that the applicant relies on.
Proceedings before the panel
9
1
The panel must consist of an odd number of persons, and make its decision either unanimously or by a simple majority.
2
The panel must consider the application and make a finding whether or not the applicant has demonstrated, on the balance of probabilities, that the holding or part of it —
a
does not drain into water identified by the Secretary of State as being polluted; or
b
drains into water that the Secretary of State should not have identified as being polluted;
3
The panel must arrive at its decision based on documentation submitted to it unless it decides that it needs additional information to form a judgment, in which case it may request an applicant, or the Secretary of State, to provide additional material, and in exceptional circumstances may convene an oral hearing.
4
At an oral hearing the applicant and the Secretary of State have the right to appear, and the panel may permit any other person to appear.
5
All parties must bear their own costs.
Effect of panel findings
10
1
If the panel decides in favour of the applicant, the holding to which the application applies is no longer treated for the purposes of these Regulations as being in a nitrate vulnerable zone.
2
If the panel finds that any body of water should not have been identified as being polluted, any holding draining into that body of water is no longer treated for the purposes of these Regulations as being in a nitrate vulnerable zone and the Secretary of State must immediately notify the occupier of such a holding.
3
The Secretary of State must publish all findings by the panel on the Secretary of State’s website.
Review of nitrate vulnerable zones
11
1
The Secretary of State must keep under review the eutrophic state of fresh surface waters, estuarial and coastal waters.
2
Before 1st January 2013, and at least every four years subsequently, the Secretary of State must monitor the nitrate concentration in freshwaters over a period of one year —
a
at sampling stations that are representative of surface water, at least monthly and more frequently during flood periods, and
b
at sampling stations that are representative of groundwater, at regular intervals and taking into account the provisions of Council Directive 98/83/ EC on the quality of water intended for human consumption ,
except for those sampling stations where the nitrate concentration in all previous samples taken for this purpose has been below 25 mg/l and no new factor likely to increase the nitrate content has appeared, in which case the monitoring programme need be repeated only every eight years.
3
Nitrate concentration must be measured in accordance with the reference methods of measurement referred to in Article 4a(3) of Council Decision 77/795/EEC establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community .
4
At the end of each four-year or eight-year period at the latest the Secretary of State must —
a
identify water that is or could be affected by pollution if the controls in these Regulations are not applied in that area, using the criteria in Annex I to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources ;
b
identify land that drains into those waters, or water similarly identified in Wales or Scotland, and that contributes to the pollution of those waters;
c
take into account changes and factors unforeseen at the time of the previous designation; and
d
if necessary revise or add to the designation of nitrate vulnerable zones.
PART 3 Limiting the application of organic manure
Application of livestock manure – total nitrogen limit for the whole holding
12
1
The occupier of a holding must ensure that, in any year beginning 1st January, the total amount of nitrogen in livestock manure applied to the holding, whether directly by an animal or by spreading, does not exceed 170 kg multiplied by the area of the holding in hectares.
2
The amount of nitrogen produced by livestock must be calculated in accordance with Schedule 1.
3
In calculating the area of the holding for the purposes of ascertaining the amount of nitrogen permitted to be spread on the holding, no account is taken of surface waters, any hardstanding, buildings, roads or any woodland unless that woodland is used for grazing.
Spreading organic manure – nitrogen limits per hectare
13
The occupier of a holding must ensure that, in any twelve-month period, the total amount of nitrogen in organic manure spread on any given hectare on the holding does not exceed 250kg.
PART 4 Crop requirements
Planning the spreading of nitrogen fertiliser
14
1
An occupier of a holding who intends to spread nitrogen fertiliser must —
a
calculate the amount of nitrogen in the soil that is likely to be available for uptake by the crop during the growing season (“the soil nitrogen supply”);
b
calculate the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply; and
c
produce a plan for the spreading of nitrogen fertiliser for that growing season.
2
In the case of any crop other than permanent grassland, the occupier must do this before spreading any nitrogen fertiliser for the first time for the purpose of fertilising a crop planted or intended to be planted.
3
In the case of permanent grassland the occupier must do this each year beginning 1st January before the first spreading of nitrogen fertiliser.
4
The plan must be in permanent form.
5
The plan must record —
a
the reference or name of the relevant field;
b
the area of the field planted or intended to be planted; and
c
the type of crop.
6
For the area planted or intended to be planted the plan must record —
a
the soil type;
b
the previous crop (if the previous crop was grass, whether it was managed by cutting or grazing);
c
the soil nitrogen supply calculated in accordance with paragraph (1) and the method used to establish this figure;
d
the anticipated month that the crop will be planted;
e
the anticipated yield (if arable); and
f
the optimum amount of nitrogen that should be spread on the crop, taking into account the amount of nitrogen available from the soil nitrogen supply.
Additional information to be recorded during the year
15
1
Before spreading organic manure, the occupier must on each occasion calculate the amount of nitrogen from that manure that is likely to be available for crop uptake in the growing season in which it is spread.
2
The occupier must, before spreading the organic manure, record —
a
the area on which the organic manure will be spread;
b
the quantity of organic manure to be spread;
c
the planned date for spreading (month);
d
the type of organic manure;
e
the total nitrogen content of the organic manure; and
f
the amount of nitrogen likely to be available from the manure intended to be spread for crop uptake in the growing season in which it is spread.
3
In the case of manufactured fertiliser the occupier must record —
a
the amount required (that is, the optimum amount of nitrogen required by the crop less the amount of nitrogen that will be available for crop uptake from any organic manure spread); and
b
the planned date for spreading (month).
Total nitrogen spread on a holding
16
Irrespective of the figure in the plan, an occupier must ensure that the total amount of —
a
nitrogen from manufactured fertiliser, and
b
nitrogen available for crop uptake from livestock manure in the growing season in which it is spread,
spread on the following crops, calculated in accordance with regulation 17, does not exceed the following limits in any twelve-month period (the total amount of nitrogen permitted to be spread on any given crop is the figure in the second column, adjusted in accordance with the notes to the table and multiplied by the total area in hectares of that crop sown on the holding).
Maximum Nitrogen
Crop Permitted amount of nitrogen (kg) Standard yield
(tonne/ha)
Notes
(a)
An additional 80 kg per hectare is permitted to all crops grown in fields if the current or previous crop has had straw or paper sludge applied to it.
(b)
An additional 20 kg per hectare is permitted on fields with shallow soil (other than shallow soils over sandstone).
(c)
An additional 20 kg per hectare is permitted for every tonne that the expected yield exceeds the standard yield.
(d)
An additional 40 kg per hectare is permitted to milling wheat varieties.
(e)
This consists of a maximum of 30 kg per hectare in the autumn (allowed as an exemption to the closed period for manufactured nitrogen fertiliser) and a maximum of 220 kg per hectare in the spring. The spring amount may be increased by up to 30 kg per hectare for every half tonne that expected yield exceeds the standard yield.
(f)
An additional 40 kg per hectare is permitted to grass that is cut at least three times a year. From 1st January 2012 the permitted amount of nitrogen drops to 300 kg per hectare.
Autumn or early winter sown wheat 220 8.0 Spring-sown wheat 180 7.0 Winter barley 180 6.5 Spring barley 150 5.5 Winter oilseed rape 250 3.5 Sugar beet 120 n/a Potatoes 270 n/a Forage maize 150 n/a Field beans 0 n/a Peas 0 n/a Grass 330 n/a
Calculating the amount of nitrogen available for crop uptake from livestock manure
17
1
For the purposes of regulation 16, the occupier must first establish the total amount of nitrogen in the manure, either using the standard table in Schedule 2 or by sampling and analysis in accordance with that Schedule.
2
Once the total amount of nitrogen in the manure has been established, the following percentages are assumed to establish the amount of nitrogen in the manure that is available for crop uptake in the growing season in which it is spread.
Available percentage
Type of livestock manure Amount of nitrogen available for crop uptake in the growing season in which it is spread Until 1st January 2012 From 1st January 2012
Cattle slurry 20% 35% Pig slurry 25% 45% Poultry manure 20% 30% Other livestock manure 10% 10%
PART 5 Controlling the spreading of nitrogen fertiliser
Risk maps
18
1
Before 1st January 2010 an occupier of a holding who spreads organic manure on that holding must produce a map of the holding (“a risk map”) in accordance with this regulation.
2
If circumstances change the occupier must update the risk map within three months of the change.
3
The risk map must show —
a
each field, with its area in hectares;
b
all surface waters;
c
any boreholes, springs or wells on the holding or within 50 metres of the holding boundary;
d
areas with sandy or shallow soils;
e
land with an incline greater than 12°;
f
land within 10 metres of surface waters;
g
land within 50 metres of a borehole, spring or well;
h
land drains (other than a sealed impermeable pipe);
i
sites suitable for temporary field heaps if this method of storing manure is to be used;
j
land that has a low run-off risk (this is optional for an occupier who does not intend to spread manure on land that has a low run-off risk during the storage period in accordance with regulation 34).
4
The occupier must keep a copy.
When to spread fertiliser
19
1
An occupier who intends to spread nitrogen fertiliser must first undertake a field inspection to consider the risk of nitrogen getting into surface water.
2
No person may spread nitrogen fertiliser on that land if there is a significant risk of nitrogen getting into surface water, taking into account in particular —
a
the slope of the land, particularly if the slope is more than 12°;
b
any ground cover;
c
the proximity to surface water;
d
the weather conditions;
e
the soil type; and
f
the presence of land drains.
3
No person may spread nitrogen fertiliser if the soil is waterlogged, flooded or snow covered, or has been frozen for more than 12 hours in the previous 24 hours.
Spreading manufactured fertiliser near surface water
20
No person may spread manufactured fertiliser within 2 metres of surface water.
Spreading organic manure near surface water, boreholes, springs or wells
21
1
No person may spread organic manure within 10 metres of surface water.
2
But livestock manure (other than slurry and poultry manure) may be spread there if —
a
it is spread on land managed for breeding wader birds or as a species-rich semi-natural grassland and the land is —
i
notified as a Site of Special Scientific Interest under the Wildlife and Countryside Act 1981 ; or
ii
subject to an agri-environment commitment entered into under Council Regulation (EC) No. 1257/1999 (on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ) or under Council Regulation (EC) No. 1698/2005 (on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) );
b
it is spread between 1st June and 31st October inclusive;
c
it is not spread directly on to surface water; and
d
the total annual amount does not exceed 12.5 tonnes per hectare.
3
No person may spread organic manure within 50 metres of a borehole, spring or well.
Controlling how nitrogen fertiliser is spread
22
1
Any person spreading slurry must use spreading equipment with a low spreading trajectory, that is, below 4 metres from the ground.
2
Any person spreading nitrogen fertiliser must do so in as accurate a manner as possible.
Incorporating organic manure into the ground
23
1
Any person who applies organic manure on to the surface of bare soil or stubble (other than soil that has been sown) must ensure that it is incorporated into the soil in accordance with this regulation.
2
Poultry manure must be incorporated as soon as practicable, and within 24 hours at the latest.
3
Slurry and liquid digested sewage sludge (that is, liquid from the treatment of sewage sludge by anaerobic digestion) must be incorporated as soon as practicable, and within 24 hours at the latest, unless it was applied in separated bands.
4
Any other organic manure (other than organic manure spread as a mulch on sandy soil) must be incorporated as soon as practicable, and within 24 hours at the latest, if the land is within 50 metres of surface water and slopes in such a way that there may be run-off to that water.
PART 6 Closed periods for spreading nitrogen fertiliser
Meaning of “organic manure with high readily available nitrogen”
24
In this Part “organic manure with high readily available nitrogen” means organic manure in which more than 30 per cent of the total nitrogen content is available to the crop at the time of spreading.
Closed periods for spreading organic manure with high readily available nitrogen
25
No person may spread organic manure with high readily available nitrogen on land during the following dates, all inclusive (“the closed period”) —
The closed period
Soil type Grassland Tillage land Sandy or shallow soil 1st September to 31st December 1st August to 31st December
All other soils 15th October to 15th January 1st October to 15th January
Exemptions: crops sown before 15th September
26
Spreading organic manure with high readily available nitrogen on tillage land with sandy or shallow soil is permitted between 1st August and 15th September inclusive provided that the crop is sown on or before 15th September.
Exemptions for organic holdings
27
An occupier of a holding registered as an organic producer with a body registered with the Advisory Committee on Organic Standards may spread organic manure with high readily available nitrogen at any time on —
a
crops listed in the table in Schedule 3 (permitted crops for the closed period), or
b
other crops in accordance with written advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme ,
provided that each hectare on which organic manure is spread does not receive more than 150kg total nitrogen between the start of the closed period and the end of February.
Restrictions following the closed period
28
From the end of the closed period until the end of February —
a
the maximum amount of slurry that may be spread at any one time is 50 cubic metres per hectare and the maximum amount of poultry manure that may be spread at any one time is 8 tonnes per hectare; and
b
there must be at least three weeks between each spreading.
Times in which spreading manufactured nitrogen fertiliser is prohibited
29
1
No person may spread manufactured nitrogen fertiliser on land during the following periods (all dates inclusive) —
a
in the case of grassland, from 15th September to 15th January, or
b
in the case of tillage land, from 1st September to 15th January.
2
Spreading fertiliser during these periods is permitted on the crops specified in the Table in Schedule 3, provided that the maximum rate in column 2 is not exceeded.
3
Spreading during those periods on crops not in Schedule 3 is permitted on the basis of written advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme.
Defence
30
In any proceedings for any breach of a provision in this Part relating to organic manure, it is a defence for the defendant to prove that —
a
the breach took place before 1st January 2012, and
b
the holding did not have the storage facilities for organic manure required by Part 7 at the time of the breach.
PART 7 Storage of organic manure
Storage of organic manure
31
An occupier of a holding who stores any organic manure (other than slurry), or any bedding contaminated with any organic manure, must store it —
a
in a vessel;
b
in a covered building;
c
on an impermeable surface; or
d
in the case of solid manure that can be stacked in a free standing heap and that does not drain liquid from the material, on a temporary field site.
Temporary field sites
32
1
A temporary field site must not be —
a
in a field liable to flooding or becoming waterlogged;
b
within 50 metres of a spring, well or borehole or within 10m of surface water or a land drain (other than a sealed impermeable pipe);
c
located in any single position for more than 12 consecutive months;
d
located in the same place as an earlier one constructed within the last two years.
2
Solid poultry manure that does not have bedding mixed into it and is stored on a temporary field site must be covered with an impermeable material.
Separation of slurry
33
Separation of slurry into its solid and liquid fractions must either be carried out mechanically or on an impermeable surface where the liquid fraction drains into a suitable receptacle.
Storage capacity
34
1
An occupier of a holding who keeps any of the animals specified in Schedule 1 must provide sufficient storage for all slurry produced on the holding during the storage period, and all poultry manure produced in a yard or building on the holding during the storage period.
2
The volume of the manure produced by the animals on the holding must be calculated in accordance with Schedule 1.
3
A slurry store must have the capacity to store, in addition to the manure, any rainfall, washings or other liquid that enters the vessel (either directly or indirectly) during the storage period.
4
Storage facilities are not necessary for slurry or poultry manure —
a
sent off the holding; or
b
spread on land that has a low run-off risk (provided that this is done in accordance with the restrictions on spreading in these Regulations); but in this case storage facilities for an additional one week’s manure must be provided as a contingency measure in the event of spreading not being possible on some dates.
5
For the purposes of this regulation the “storage period” (all dates inclusive) is —
a
the period between 1st October and 1st April for pigs and poultry;
b
the period between 1st October and 1st March in any other case.
PART 8 Calculations and records
Recording the size of the holding
35
1
By 30th April 2009 the occupier of a holding must record the total size of the holding calculated in accordance with regulation 12(3).
2
If the size of the holding changes this record must be updated within one month.
Records relating to storage of manure during the storage period
36
1
By 30th April 2009 an occupier of a holding with livestock must calculate and record —
a
the amount of manure that will be produced by the anticipated number of animals that will be kept in a building or on hardstanding during the storage period referred to regulation 34, using the figures in Schedule 1;
b
the amount of storage capacity (slurry vessels and hardstanding) required to enable compliance with regulation 34 (storage capacity), taking into account —
i
the amount of manure intended to be exported from the holding;
ii
the amount of manure intended to be spread on land that has a low run-off risk ; and
iii
in the case of a slurry vessel the amount of liquids other than slurry likely to enter the vessel;
c
the current storage capacity on the holding.
2
An occupier who introduces animals on to a holding for the first time must comply with paragraph (1) within one month of the introduction of the animals.
3
If the amount of storage capacity changes the occupier must record the change within one week.
Annual records relating to storage
37
1
Before 30th April each year an occupier of a holding with livestock must record, for the previous storage period referred to in regulation 34 the number and category of animals in a building or hardstanding during the storage period.
2
The occupier must also record the sites used for field heaps and the dates of use.
Record of nitrogen produced by animals on the holding
38
1
Before 30th April every year an occupier of a holding with livestock must make a record of —
a
the number and category (in accordance with the categories in Schedule 1) of animals on the holding during the previous calendar year, and
b
the number of days that each animal spent on the holding.
2
The occupier must then calculate the amount of nitrogen in the manure produced by the animals on the holding during that year using the Table in Schedule 1.
3
Alternatively, in the case of permanently housed pigs or poultry, the occupier may use —
a
software approved by the Secretary of State; or
b
in the case of a system of keeping livestock that only produces solid manure, sampling and analysis in accordance with Part 2 of Schedule 2.
4
The occupier must make a record of the calculations and how the final figures were arrived at.
5
An occupier who used software approved by the Secretary of State must keep a printout of the result.
Livestock manure brought on to or sent off the holding
39
1
An occupier who brings livestock manure on to a holding must, within one week record —
a
the type and amount of livestock manure;
b
the date it is brought on to the holding;
c
the nitrogen content, if known; and
d
the name and address of the supplier.
2
An occupier who sends livestock manure off a holding must within one week record —
a
the type and amount of livestock manure;
b
the date it is sent off the holding;
c
the nitrogen content;
d
the name and address of the recipient; and
e
details of a contingency plan to be used in the event that an agreement for a person to accept the livestock manure fails.
3
If the nitrogen content of the livestock manure brought on to a holding is not known, the occupier must ascertain it, as soon as is reasonably practicable after arrival, and record it within one week.
4
All nitrogen content must be ascertained using either the standard figures in Part 1 of Schedule 2 or by sampling and analysis as set out in Part 2 of that Schedule.
Sampling and analysis
40
1
Any person using sampling and analysis to determine nitrogen content in organic manure must keep the original report from the laboratory.
Records of crops sown
41
An occupier who intends to spread nitrogen fertiliser must record within one week of sowing a crop —
a
the crop sown; and
b
the date of sowing.
Records of spreading nitrogen fertiliser
42
1
Within one week of spreading organic manure the occupier must record —
a
the area spread;
b
the quantity of organic manure spread;
c
the date;
d
the method;
e
the type of organic manure;
f
the total nitrogen content;
g
the amount of nitrogen that was available to the crop.
2
Within one week of spreading manufactured fertiliser the occupier must record —
a
the date of spreading; and
b
the amount of nitrogen spread.
Subsequent records
43
1
An occupier who has used nitrogen fertiliser must record the yield achieved by an arable crop within one week of ascertaining it.
2
Before 30th April each year an occupier must record how any grassland was managed in the previous calendar year.
Fertiliser Advisers Certification and Training Scheme advice
44
An occupier must keep a copy of any advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme relied on for any purpose under these Regulations.
Duration of records
45
Any person required to make a record under these Regulations must keep it for five years.
PART 9 Review
Monitoring and review
46
1
At least every four years the Secretary of State must review the effectiveness of the restrictions in nitrate vulnerable zones imposed by these Regulations as a means of reducing or preventing water pollution caused by nitrates from agricultural sources and if necessary revise them.
2
In order to do this the Secretary of State must establish a monitoring programme to assess the effectiveness of the restrictions in these Regulations.
3
When carrying out this review the Secretary of State must take into account —
a
available scientific and technical data, particularly with reference to respective nitrogen contributions originating from agricultural and other sources; and
b
regional environmental conditions.
Public participation
47
1
When carrying out this review the Secretary of State must ensure that the public is given early and effective opportunities to participate.
2
The Secretary of State must make adequate arrangements for public participation to enable the public to prepare and participate effectively.
3
The Secretary of State must ensure that —
a
the public is consulted about any proposals and that relevant information about such proposals is made available to the public, including information about the right to participate in decision-making and about the body to which comments or questions may be submitted; and
b
the public is entitled to express comments and opinions when all options are open before decisions on the plans and programmes are made.
4
The Secretary of State must identify the public entitled to be consulted, including non-governmental organisations promoting environmental protection.
5
Reasonable time must be allowed for consultation.
6
Consultation must be taken into account in reaching a decision.
7
Following consultation the Secretary of State must inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.
PART 10 Enforcement
Offences and penalties
48
1
Any person who breaches any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
3
For the purposes of this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
49
These Regulations are enforced by the Environment Agency.
Revocations
50
The following are revoked in so far as they apply in England —
a
the Nitrate Sensitive Areas Regulations 1994 ;
b
the Nitrate Sensitive Areas (Amendment) Regulations 1995 ;
c
the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations 1995 ;
d
the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 ;
e
the Nitrate Sensitive Areas (Amendment) Regulations 1996 ;
f
the Nitrate Sensitive Areas (Amendment) Regulations 1997 ;
g
the Nitrate Sensitive Areas (Amendment) Regulations 1998 ;
h
the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 ;
i
the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations 1998 ;
j
the Nitrate Sensitive Areas (Amendment) Regulations 2002 ;
k
the Nitrate Vulnerable Zones (Additional Designations) (England) (No 2) Regulations 2002 ;
l
the Farm Waste Grant (Nitrate Vulnerable Zones) (England) Scheme 2003 ; and
m
the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006 .
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
1st September 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 and shall come into force on the 1st January 2009.
2
In these Regulations —
“ SSCBA ” means the Social Security Contributions and Benefits Act 1992;
“ SSCB( NI )A ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“health professional” has the meaning given to it by regulation 3.
Conditions in relation to entitlement
2
In order for a woman to be entitled to health in pregnancy grant, she must, at the time of her claim, —
a
be pregnant;
b
have reached the 25th week of her pregnancy;
c
have received advice from a health professional on matters relating to her maternal health; and
d
have a due date on or after 6th April 2009.
Meaning of “health professional”
3
“Health professional” in section 140A(5) SSCBA and section 136A of SSCB(NI)A means a person who provides maternity care to the woman and who is either —
a
a practicing midwife, who is registered with the Nursing and Midwifery Council; or
b
an obstetrician or General Practitioner, who is registered with the General Medical Council.
Circumstances in which a woman is to be treated as not being in Great Britain or Northern Ireland - general
4
1
For the purposes of section 140A(3)(b) of SSCBA, a woman is to be treated as not being in Great Britain if —
a
she is not ordinarily resident in the United Kingdom, or
b
she does not have a right to reside in the United Kingdom.
2
For the purposes of section 136A of SSCB(NI)A, a woman is to be treated as not being in Northern Ireland if —
a
she is not ordinarily resident in the United Kingdom, or
b
she does not have a right to reside in the United Kingdom.
3
A woman who is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom shall be treated as being ordinarily resident in the United Kingdom.
Crown servants posted overseas
5
1
For the purposes of section 140A(3)(b) of SSCBA, a woman is to be treated as being in Great Britain if she is a Crown servant posted overseas.
2
A Crown servant posted overseas is a person performing overseas (but not in Northern Ireland) the duties of any office or employment under the Crown who —
a
immediately prior to her posting or her first of consecutive postings, was ordinarily resident in the United Kingdom; or
b
immediately prior to her posting or her first of consecutive postings, was in the United Kingdom in connection with that posting.
Partners of Crown servants posted overseas
6
1
The partner of a Crown servant posted overseas will be treated as being in Great Britain if, at the time of her claim —
a
she is in the country where the Crown servant is posted; and
b
she is accompanying the Crown servant.
2
In paragraph (1) “partner” has the meaning in the Health in Pregnancy Grant (Administration) Regulations 2008 .
Daughters of Crown servants posted overseas
7
A daughter of a Crown servant posted overseas will be treated as being in Great Britain if, at the time of her claim —
a
she is in the country where the Crown servant is posted;
b
she is accompanying the Crown servant; and
c
child benefit is being paid in respect of her.
Amendments to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
8
1
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 are amended as follows.
2
In regulation 2 (Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999), in paragraph (2), after “social fund payment” insert “, health in pregnancy grant”.
3
In the heading to Part II of the Schedule, after “Social Fund Payment” insert “, Health in Pregnancy Grant”.
Amendments to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000
9
1
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 are amended as follows.
2
In regulation 2(1) (Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999), after “a social fund payment” insert “, health in pregnancy grant”.
3
In the heading to Part II of the Schedule, after “a social fund payment” insert “, health in pregnancy grant”.
Amount of Health in Pregnancy Grant
10
The amount of health in pregnancy grant shall be £190.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2008


text:
Citation and commencement
1
This Order may be cited as the Television Multiplex Services (Reservation of Digital Capacity) Order 2008 and comes into force on 2nd July 2008.
Interpretation
2
1
In this Order —
“the 1996 Act ” means the Broadcasting Act 1996 ;
“digital additional services licence” has the meaning given in section 25(1) of the 1996 Act (licensing of digital additional television services);
“digital programme licence” has the meaning given in section 18(1) of that Act (licensing of digital television programme services);
“high definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing either 720 or 1080 lines of pixels per frame;
“Multiplex A” means the television multiplex service which, on the day this Order is made, SDN Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex A licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 26th May 1998;
“Multiplex B” means the television multiplex service which, on the day this Order is made, BBC Free To View Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex B licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 16th August 2002;
“Multiplex 2” means the television multiplex service which, on the day this Order is made, Digital 3 and 4 Limited is authorised to provide by virtue of the licence to that effect (“the Multiplex 2 licence”) granted under Part 1 of the 1996 Act by the Independent Television Commission on 19th December 1997;
“national Channel 3 licence” has the same meaning as it has in Part 1 of the Broadcasting Act 1990 ;
“public service digital television programme service” and “public service digital programme licence” each has the meaning given in article 5;
“standard definition television service” means a television service which is broadcast in a format designed to display the images comprising a television programme by employing 576 active lines of pixels per frame;
“television service” means any digital television programme service or qualifying service.
2
Part 1 of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of broadcasting licences) shall apply for determining whether or not a person controls a body corporate for the purposes of any provision of this Order as it so applies for the purposes of that Schedule .
3
References in this Order (however expressed) —
a
to the Multiplex A licence, the Multiplex B licence or the Multiplex 2 licence include references to those licences as amended from time to time by the Independent Television Commission or OFCOM , whether before or (so far as the context permits) after the day on which this Order is made;
b
to the reservation of digital capacity for any person, are references to the reservation of digital capacity in accordance with this Order for use for the broadcasting of services provided by that person;
c
to the reservation of digital capacity sufficient for the broadcasting of a number of high definition or (as the case may be) standard definition television services, are references to the reservation of such digital capacity as is from time to time sufficient for the broadcasting of that number of such services;
d
to the holder of any licence, in relation to any time, are to the person who is the holder of the licence in question at that time.
4
This paragraph declares, for the avoidance of doubt, that any provision of this Order requiring the broadcasting of services by means of a television multiplex service throughout the British Islands, or throughout any part of the British Islands, requires such broadcasting of those services throughout only —
a
that area or those areas of the British Islands, or
b
(as the case may be) that area or those areas of that part of the British Islands,
in which that multiplex service is from time to time required to be provided apart from this Order, and (in particular) that provision is not of itself to be taken to require the provision of that multiplex in any other area or areas.
5
In relation to the Isle of Man, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Isle of Man.
6
In relation to the Bailiwick of Guernsey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in the Bailiwick of Guernsey.
7
In relation to Jersey, references in this Order to any provision of the Broadcasting Act 1990, the 1996 Act or the Communications Act 2003 are to that provision as it has effect in Jersey.
Competition for digital capacity on Multiplex B
Competition for digital capacity to be reserved on Multiplex B
3
1
OFCOM must exercise their functions under this article with a view to selecting one or more relevant public service broadcasters for whom they will (to the extent provided for in this Order) reserve digital capacity on Multiplex B, by means of variations to the Multiplex B licence made under article 4.
2
Within the period of six months beginning on the day on which this Order comes into force, but subject to paragraphs (11) to (14), OFCOM must publish a notice under paragraph (3).
3
A notice under this paragraph shall be in writing and shall —
a
state that OFCOM propose to reserve digital capacity on Multiplex B for one or more relevant public service broadcasters;
b
specify, in such manner as OFCOM consider appropriate —
i
the amount of digital capacity on Multiplex B which will be reserved for such broadcasters;
ii
the area or areas within the British Islands where that capacity will be available; and
iii
the transmission and coding technologies which OFCOM propose should be employed for the broadcasting of services by means of that capacity;
c
give such other details (if any) of Multiplex B as OFCOM consider appropriate;
d
give such details (if any) as OFCOM consider appropriate of —
i
the nature of the services which in their opinion should be broadcast by means of digital capacity reserved for relevant public service broadcasters on Multiplex B, and
ii
any of the terms and conditions they propose should apply in relation to services provided by such broadcasters for broadcasting by means of that capacity;
e
invite relevant public service broadcasters to apply for digital capacity to be reserved for them on Multiplex B, by making applications complying with paragraph (4); and
f
specify —
i
the closing date for such applications; and
ii
the fee payable on any such application.
4
Subject to paragraph (5), an application complies with this paragraph if it is made in writing and is accompanied by —
a
the fee specified pursuant to paragraph (3)(f)(ii);
b
details of the television services (which must include public service digital television programme services or qualifying services but need not include any high definition television services) and digital additional television services (if any) the applicant proposes to provide if digital capacity is reserved for it by OFCOM;
c
details of the timetable according to which the applicant proposes to begin providing those services;
d
a detailed explanation of the manner in which (in the view of the applicant) those services, if provided as proposed, would further the objectives mentioned in paragraph (8);
e
the applicant’s proposals for promoting the adoption by members of the public of reception equipment which is compatible with the transmission and coding technologies specified by OFCOM pursuant to paragraph (3)(b)(iii); and
f
such other information as OFCOM may reasonably require for the purpose of considering the application.
5
A person who is a relevant public service broadcaster by virtue of holding a Channel 3 licence may make an application under this article only if that person makes it on behalf of at least 13 holders of regional Channel 3 licences; and accordingly, in the case of such an application —
a
the application complies with paragraph (4) only if it contains a statement in such form as OFCOM may require to the effect that the application is made on behalf of at least 13 holders of regional Channel 3 licences; and
b
any reference in this article to an applicant includes a reference to every holder of a Channel 3 licence on whose behalf the application is made.
6
At any time after receiving an application under this article and before determining it, OFCOM may require the applicant to furnish additional information about its proposals.
7
Any information to be furnished to OFCOM under this article shall, if they so require, be in such form or verified in such manner as they may specify.
8
In determining whether to reserve digital capacity on Multiplex B and (if so) the applicant or applicants for whom they will reserve it, OFCOM shall have regard, in particular, to the extent to which the services that an applicant proposes to provide for broadcasting by means of that capacity appear to OFCOM to —
a
promote the efficient use of the radio spectrum, paying particular regard to how the content proposed to be included in those services would be likely to encourage members of the public to adopt reception equipment which is compatible with the transmission and coding technologies specified by OFCOM pursuant to paragraph (3)(b)(iii);
b
contribute to the fulfilment of the purposes of public service television broadcasting in the British Islands, having regard to the desirability of those purposes being fulfilled in a manner that is compatible with subsection (6) of section 264 of the Communications Act 2003 (read as if those services were relevant television services within the meaning of that section); and
c
contribute to enhancing or maintaining the range and diversity of high quality television services available on digital terrestrial television.
9
Where OFCOM make a determination under this article to reserve some or all of the digital capacity specified pursuant to paragraph (3)(b), they shall, as soon as reasonably practicable after making their determination —
a
publish, in such manner as they consider appropriate, the name of each applicant for whom such capacity is to be reserved, and such other information as OFCOM consider appropriate;
b
grant to each such applicant a public service digital programme licence in respect of the services it proposes to provide, except in the case of any proposed service that appears to OFCOM to be a qualifying service or a digital additional television service; and
c
treat any application that includes proposals for providing digital additional television services on such capacity (otherwise than as a service that is or is comprised in a qualifying service) as an application for a digital additional services licence made by the applicant in question under and in accordance with section 25(1) of the 1996 Act.
10
Where OFCOM decide to make no determination to reserve digital capacity, or to make a determination reserving less digital capacity than was specified pursuant to paragraph (3)(b), they shall, as soon as reasonably practicable after reaching that decision, publish their decision and the reasons for it.
11
Nothing in this article is to be taken to authorise or require OFCOM to publish a notice under paragraph (3) with a view to securing the reservation of more digital capacity than is permitted to be reserved by article 4(2).
12
Nothing in paragraph (2) is to be taken to authorise or require OFCOM to publish a notice under paragraph (3) within the period of six months beginning on the day on which this Order comes into force unless, within that period, they have reason to consider it likely that as from a date no later than that on which they propose that any reservation of digital capacity on Multiplex B should take effect, there will be capacity on that multiplex sufficient for the broadcasting of at least three high definition television services.
13
In a case where they do not, within that period, have reason to consider that outcome likely —
a
OFCOM must, before the end of that period, publish a notice stating that fact; and
b
if, on a date after the end of that period, OFCOM decide that they do then have reason to consider that outcome likely, they must as soon as reasonably practicable after that date publish a notice stating that date;
and paragraph (2) shall have effect as if the reference there to the day on which this Order comes into force were a reference to the date mentioned in sub-paragraph (b).
14
At any time after first publishing a notice under paragraph (3) (and otherwise exercising their functions under this article), OFCOM may again publish such a notice (and exercise those functions) on one or more further occasions, in which case paragraph (2) shall have effect as if the words “Within the period of six months beginning on the day on which this Order comes into force” were omitted.
15
Any obligation imposed on OFCOM by this article to publish any matter is an obligation to publish that matter in such manner as OFCOM consider appropriate for the purposes of bringing it to the attention of persons appearing to them to be likely to be affected by it.
Reservation of capacity on Multiplex B
Variation of the Multiplex B licence
4
1
Subject to paragraph (6), OFCOM must vary the Multiplex B licence in accordance with this article so that, as from the time when the variations take effect, the licence includes such conditions as they consider appropriate for securing that, in consideration for the making by each broadcaster for whom such capacity has been reserved of such payments as are from time to time —
a
agreed between that broadcaster and the holder of the Multiplex B licence, or
b
in default of agreement, determined by OFCOM,
the holder of the Multiplex B licence will use digital capacity reserved on Multiplex B for the broadcasting of services provided by that broadcaster.
2
The total digital capacity to be reserved for relevant public service broadcasters on Multiplex B —
a
during any period in respect of which OFCOM are satisfied there is capacity on Multiplex B sufficient for the broadcasting of three high definition television services, must never exceed capacity sufficient for the broadcasting of two such services; and
b
during any period in respect of which OFCOM are satisfied there is capacity on Multiplex B sufficient for the broadcasting of at least four high definition television services, must never exceed capacity sufficient for the broadcasting of three such services.
3
Conditions included in the Multiplex B licence by virtue of this article must also secure that capacity so reserved for a broadcaster —
a
is reserved only for so long as the person for whom it is reserved remains a relevant public service broadcaster;
b
must be used for the broadcasting of such services as OFCOM may from time to time license the broadcaster to provide pursuant to the broadcaster’s application under article 3, and
c
subject to sub-paragraph (b), may with the consent of OFCOM also be used for the broadcasting of other services from time to time provided by the broadcaster.
4
In the case of capacity reserved for the holder of a Channel 3 licence, if it appears to OFCOM that the service or services authorised to be broadcast by means of that reserved capacity are no longer being provided on behalf of at least 13 holders of regional Channel 3 licences, they may terminate the reservation of digital capacity (and if appropriate vary the Multiplex B licence accordingly), having first given —
a
each holder of a Channel 3 licence on whose behalf the service or services is or are being provided, and
b
the holder of the Multiplex B licence,
a reasonable opportunity to make representations about the matter.
5
OFCOM may reserve digital capacity under this article either for the whole of each day or for any part or parts of each day, as they think fit.
6
OFCOM are to vary the Multiplex B licence in accordance with the preceding provisions of this article —
a
on the first occasion —
i
if, but only if, the condition in paragraph (7) is satisfied, and
ii
within 12 months of the date on which they make a determination under article 3 in consequence of which that condition is first satisfied; and
b
thereafter, if applicable, within 12 months of the date on which they make a determination under article 3 to reserve for one or more relevant public service broadcasters capacity sufficient for the broadcasting of a third high definition television service.
7
The condition is that OFCOM must have made a determination under article 3 whose effect is to reserve for one or more relevant public service broadcasters digital capacity on Multiplex B sufficient for the broadcasting of two or three high definition television services.
8
At any time when there is digital capacity on Multiplex B reserved for any relevant public service broadcaster —
a
that broadcaster, or
b
the holder of the Multiplex B licence,
or both of them, may refer to OFCOM for determination any question arising as to the amount of digital capacity which is sufficient for the broadcasting of two or (as the case may be) three high definition television services.
Services to be provided on reserved capacity
Licensing of services other than qualifying services for broadcasting on Multiplex B
5
In this Order, “public service digital television programme service” means a digital television programme service provided by a relevant public service broadcaster under a digital programme licence which —
a
has been granted by OFCOM (whether under article 3(9) or subsequently) under section 18 of the 1996 Act (licensing of digital television programme services), as modified by article 6; and
b
accords with section 19 of that Act (duration and conditions of digital programme licences), as modified by article 7;
and in this Order such a licence is referred to as a “public service digital programme licence”.
Public service digital programme licences: award
6
1
The following modifications to section 18 of the 1996 Act (licensing of digital television programme services) shall have effect for the purposes of applications for, and the award and grant of, public service digital programme licences.
2
Subsections (1) to (3) of that section (applications) shall not apply in relation to a public service digital programme licence granted under article 3(9), but in any other case shall have effect in relation to an application by a relevant public service broadcaster for a public service digital programme licence as they have effect in relation to an application for any other digital programme licence.
3
Except as otherwise provided in this Order, a public service digital programme licence shall be treated as if it were a digital programme licence granted under subsection (4) of that section.
4
Nothing in this Order shall require OFCOM to grant a licence to an applicant if they are prevented from doing so by —
a
section 3(3)(a) of the 1996 Act (which provides that OFCOM must not grant a licence to a person unless satisfied that they are a fit and proper person to hold it), or
b
section 5(1)(a) of that Act (which provides that OFCOM must do all they can to secure that a person does not become or remain the holder of a licence under Part 1 of that Act if they are a disqualified person in relation to that licence by virtue of Part 2 of Schedule 2 to the Broadcasting Act 1990).
5
For the purposes of paragraph (4), the reference in section 18(4) (grant of licence) to section 5(1)(a) of the 1996 Act shall not be taken to prevent OFCOM from granting a public service digital programme licence to the Welsh Authority.
Public service digital programme licences: conditions and duration
7
1
The following modifications to section 19 of the 1996 Act (duration and conditions of digital programme licences) shall have effect for the purposes of this Order in relation to public service digital programme licences.
2
Subsection (1) of that section shall have effect as if, after the words “shall continue in force until it is surrendered by its holder” there were added the words —
or, if sooner, in the case of a public service digital programme licence, until —
a
the expiry or other termination of the Multiplex B licence, or
b
in a case where the holder of the public service digital programme licence also holds a Channel 3 licence or a licence to provide Channel 5, the holder ceases, by virtue of article 4(3)(a) or (4) of the 2008 Order , to have digital capacity on Multiplex B reserved for it.
3
That section shall have effect as if, after subsection (3), there were inserted —
3A
A public service digital programme licence shall include such conditions as appear to OFCOM to be appropriate for securing that the holder of the licence provides the public service digital television programme services and digital additional services (if any) proposed by the holder of the licence in its application made under article 3 of the 2008 Order, for the duration of the licence, subject to subsection (3C).
3B
A public service digital programme licence whose holder is also the holder of a regional Channel 3 licence (within the meaning of Part 1 of the Broadcasting Act 1990) may also include such conditions as appear to OFCOM to be appropriate for securing that the services referred to in subsection (3A) are provided in such area or areas in the British Islands as may be specified in the conditions.
3C
Where the holder of a public service digital programme licence applies for the variation of any condition included in that licence by virtue of subsection (3A), OFCOM must grant the application unless it appears to them that, if the application were granted, the capacity of the public service digital television programme services provided under it (or any digital additional services associated with it) to further the objectives mentioned in article 3(8) of the 2008 Order would be unduly diminished.
3D
In this section, “the 2008 Order” means the Television Multiplex Services (Reservation of Digital Capacity) Order 2008; and expressions used in this section and in that Order have the same meaning in this section as they have in that Order.
Multiplex 2
Variation of the Multiplex 2 licence
8
1
If, but only if, OFCOM (by means of variations to the Multiplex B licence made under article 4) reserve digital capacity on Multiplex B, they must also vary the Multiplex 2 licence in accordance with this article.
2
OFCOM must vary the Multiplex 2 licence so that, as from the time when the variations reserving capacity on Multiplex B take effect, the Multiplex 2 licence includes such conditions as OFCOM consider appropriate for securing —
a
that the holder of the Multiplex 2 licence will use the digital capacity reserved on Multiplex 2 as mentioned in paragraph (3) for the broadcasting of services provided by Channel 3 licence holders and C4C , respectively; and
b
that in consideration for the making by the holder of a licence to provide Channel 5, the Welsh Authority and the public teletext provider, respectively, of such payments as are from time to time —
i
agreed between the broadcaster and the holder of the Multiplex 2 licence, or
ii
in default of agreement, determined by OFCOM,
the holder of the Multiplex 2 licence will use the digital capacity reserved on Multiplex 2 as mentioned in paragraph (3) for the broadcasting of services provided by those broadcasters.
3
The digital capacity to be reserved by virtue of paragraph (2) —
a
for the holder of a Channel 3 licence, is —
i
48.5 per cent. of the digital capacity available on the frequencies on which Multiplex 2 is broadcast, throughout the appropriate area, less
ii
digital capacity sufficient for the broadcasting (as a standard definition television service) of Channel 5, throughout the British Islands; and
b
for C4C, is —
i
48.5 per cent. of the digital capacity available on the frequencies on which Multiplex 2 is broadcast, throughout the British Islands, less
ii
digital capacity sufficient for the broadcasting (as a standard definition television service) of the service known as S4C Digital (or S4C Digidol), throughout Wales;
c
for the holder of a licence to provide Channel 5, is the capacity referred to in sub-paragraph (a)(ii);
d
for the Welsh Authority, is the capacity referred to in sub-paragraph (b)(ii);
e
for the public teletext provider, 3 per cent. of the digital capacity available on the frequencies on which Multiplex 2 is broadcast, throughout the British Islands.
4
In paragraph (3)(a)(i), “the appropriate area” means —
a
in relation to the holder of a national Channel 3 licence, the British Islands; and
b
in relation to the holder of a regional Channel 3 licence, the area for which the service provided pursuant to that licence is authorised to be provided.
5
At any time when there is digital capacity on Multiplex 2 reserved for a relevant public service broadcaster other than the public teletext provider —
a
an appropriate broadcaster, or
b
the holder of the Multiplex 2 licence,
or both (or all) of them, may refer to OFCOM for determination any question arising as to the amount of digital capacity which is sufficient for the broadcasting of S4C Digital or (as the case may be) Channel 5 (in either case, as a standard definition service).
6
In paragraph (5), “appropriate broadcaster” means —
a
in relation to capacity reserved under paragraph (3)(a) or (c), the holder of any Channel 3 licence or of a licence to provide Channel 5, and
b
in relation to capacity reserved under paragraph (3)(b) or (d), C4C or the Welsh Authority.
Multiplex A
Variation of the Multiplex A licence: Channel 5 services
9
1
If, but only if, OFCOM reserve digital capacity on Multiplex 2 for the holder of a licence to provide Channel 5 as mentioned in article 8(3)(c), they must also vary the Multiplex A licence in accordance with this article.
2
OFCOM must vary the Multiplex A licence so that, as from the time when the variations reserving capacity on Multiplex 2 for the holder of a licence to provide Channel 5 take effect, the Multiplex A licence includes such conditions as OFCOM consider appropriate for securing that its holder reserves for the holder of a licence to provide Channel 5 digital capacity equivalent to —
a
50 per cent. of the digital capacity available on the frequencies on which Multiplex A is broadcast, throughout the British Islands, less
b
digital capacity sufficient for the broadcasting (as a standard definition television service) of Channel 5, throughout the British Islands.
3
At any time when there is digital capacity on Multiplex A reserved for Channel 5 services —
a
the holder of a licence to provide Channel 5, or
b
the holder of the Multiplex A licence,
or both of them, may refer to OFCOM for determination any question arising as to the amount of digital capacity which is sufficient for the broadcasting of Channel 5 as a standard definition television service.
Variation of the Multiplex A licence: Welsh Authority services
10
1
If, but only if, OFCOM reserve digital capacity on Multiplex 2 for the Welsh Authority as mentioned in article 8(3)(d), they must also vary the Multiplex A licence in accordance with this article.
2
OFCOM must vary the Multiplex A licence so that, as from the time when the variations reserving capacity on Multiplex 2 for the Welsh Authority take effect, that licence includes such conditions as OFCOM consider appropriate for securing that its holder reserves for the Welsh Authority digital capacity equivalent to —
a
50 per cent. of the digital capacity available on the frequencies on which Multiplex A is broadcast, throughout Wales, less
b
digital capacity sufficient for the broadcasting (as a standard definition television service) of the service known as S4C Digital (or S4C Digidol), throughout Wales.
3
At any time when there is digital capacity on Multiplex A reserved for the Welsh Authority —
a
that Authority, or
b
the holder of the Multiplex A licence,
or both of them, may refer to OFCOM for determination any question arising as to the amount of digital capacity which is sufficient for the broadcasting of S4C Digital as a standard definition television service.
Supplemental provisions applying to Multiplex A, Multiplex B and Multiplex 2
Modifications of the 1996 Act
11
1
Section 12 of the 1996 Act (conditions in television multiplex licences) shall have effect in relation to the Multiplex A licence, the Multiplex B licence and the Multiplex 2 licence with the following modifications.
2
In that section, in relation to those licences —
a
subsection (1)(e) (which provides that a multiplex licence shall include conditions appropriate for securing that the licence holder does not unduly discriminate between broadcasters) shall have effect as if it were expressed to have effect subject to this Order; and
b
subsection (2) (which provides that certain conditions of a multiplex licence can be varied only with the holder’s consent) and subsection (3) (which provides that, subject to a proviso, OFCOM must grant applications for certain variations) shall not apply to any variation to a television multiplex licence made pursuant to this Order.
3
Section 12(1)(f) of the 1996 Act (which provides that a multiplex licence shall include conditions appropriate for securing that the licence holder does not restrict the freedom of any person entitled to use capacity on the multiplex to arrange for another person to use that capacity) shall have effect in relation to those licences as if —
a
it required any condition included in the licence by OFCOM by virtue of it to have effect subject to any conditions so included by virtue of this Order; and
b
it provided that those licences may in particular contain such conditions as OFCOM consider appropriate for securing that the holder does not, without OFCOM’s prior consent, use any of the capacity reserved by virtue of this Order otherwise than for the broadcasting of services provided by —
i
any holder of a Channel 3 licence, or any two or more holders of such licences acting together, or any body corporate which is controlled either by the holder of a Channel 3 licence or by two or more holders of such licences acting together;
ii
the holder of a licence to provide Channel 5 or any body corporate which is controlled by the holder of such a licence;
iii
C4C or a body corporate which is controlled by C4C;
iv
the public teletext provider or any body corporate which is controlled by it;
v
the BBC or a body corporate which is controlled by the BBC; or
vi
the Welsh Authority or a body corporate which is controlled by that Authority.
Effect of reservation of capacity
12
The reservation by virtue of any provision of this Order of any digital capacity for any person on Multiplex A, Multiplex B or Multiplex 2 is without prejudice to the use by the holder of the Multiplex A licence, the Multiplex B licence or (as the case may be) the Multiplex 2 licence of digital capacity that is not subject to such a reservation for the broadcasting of any other services permitted by or under that licence.
Calculation of amounts of digital capacity
13
Where —
a
any condition included by virtue of this Order in a licence to provide a television multiplex service requires the reservation of an amount of digital capacity on that multiplex for any broadcaster,
b
the amount of capacity to be so reserved is expressed in this Order by reference to the amount of capacity that is sufficient for the broadcasting of a number of high definition or standard definition television services,
c
capacity on the multiplex concerned that is not subject to the reservation mentioned in sub-paragraph (a) is being used for the broadcasting of any high definition or standard definition television service, and
d
any question arises at any time as to how much capacity is sufficient for the broadcasting of a high definition or (as the case may be) standard definition television service,
then in determining that question, particular regard is to be had to the amount of digital capacity that the holder of the multiplex licence is in fact using at that time for the broadcasting, on such capacity as is mentioned in sub-paragraph (c), of any high definition or (as the case may require) standard definition television service.
Andy Burnham
Secretary of State for Culture, Media and Sport
9th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
Amendment of the Occupational and Personal Pension Schemes (General Levy) Regulations 2005
2
1
The Occupational and Personal Pension Schemes (General Levy) Regulations 2005 shall be amended in accordance with this regulation.
2
For regulation 6(2) (amount of the general levy: occupational pension schemes), substitute —
2
This is the table —
Number of members on the reference day Amount of levy calculated by reference to number of members (M) Minimum amount of levy
2 to 11 £33 12 to 99 £3.35 x M 100 to 999 £2.42 x M £340 1,000 to 4,999 £1.88 x M £2,420 5,000 to 9,999 £1.43 x M £9,400 10,000 or more £1.00 x M £14,300.
.
3
For regulation 7(2) (amount of the general levy: personal pension schemes), substitute —
2
This is the table —
Number of members on the reference day Amount of levy calculated by reference to number of members (M) Minimum amount of levy
2 to 11 £14 12 to 99 £1.34 x M 100 to 999 £0.94 x M £140 1,000 to 4,999 £0.81 x M £940 5,000 to 9,999 £0.54 x M £4,050 10,000 or more £0.41 x M £5,400.
.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
9th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Adventure Activities Licensing (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Adventure Activities Licensing Regulations 2004
2
In regulation 5 of the Adventure Activities Licensing Regulations 2004 , for “£620” substitute “£715”.
Signed by authority of the Secretary of State for Work and Pensions
William D McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
15th July 2008
Signed
Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills One of the Welsh Ministers
16th July 2008


text:
1
This Order may be cited as the A556 (M) Motorway (M6 to M56 Link) and Connecting Roads Scheme 1996 (Revocation) Order 2008 and shall come into force on 7th March 2008.
2
The A556 (M) Motorway (M6 to M56 Link) and Connecting Roads Scheme 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
30th January 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the London Skills and Employment Board (Establishment) Regulations 2008 and shall come into force on 25th February 2008.
2
In these Regulations —
“the Board” means the London Skills and Employment Board established under regulation 2;
“the Mayor “ means the Mayor of London.
Establishment of the London Skills and Employment Board
2
For the purposes of section 24B(1) of the Learning and Skills Act 2000 there shall be established a body to be known as the London Skills and Employment Board.
Membership of the Board
3
The Board shall consist of the Mayor and not less than 12 and not more than 25 members other than the Mayor.
Chairman of the Board
4
The Mayor shall be the chairman of the Board.
Appointment of members of the Board
5
1
The Mayor shall appoint the other members of the Board with the approval of the Secretary of State.
2
A person is to hold and vacate office as a member of the Board in accordance with the terms of his appointment set by the Mayor.
3
Where a person has ceased to be a member of the Board during the period of his appointment, the Mayor may appoint another person for the remainder of that period.
4
The Mayor may re-appoint a person to the Board.
5
The Mayor may by giving notice in writing to a member remove him from office which shall then become vacant.
6
A member of the Board may at any time, by giving notice in writing to the Mayor, resign his office as a member.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
21st January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008 and shall come into force on 1st April 2008.
2
In article 3 —
“ the Act ” means the Medicines Act 1968;
“external use” means application to the skin, hair, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal when a local action only is intended and extensive systemic absorption is unlikely to occur;
“free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“third country” means any country other than an EEA State.
Prohibition of sale, supply and importation of any medicinal product consisting of or containing Senecio
2
Except as provided for in article 3, the sale, supply or importation of any medicinal product consisting of or containing —
a
a plant belonging to the species Senecio ; or
b
an extract from such a plant,
is prohibited.
Exceptions to the prohibition imposed by article 2
3
The prohibition imposed by article 2 shall not apply where the medicinal product is —
a
i
for external use only; and
ii
not a teething preparation, throat spray, throat pastille, throat lozenge, throat tablet, nasal spray or nasal inhalation or nasal drops;
b
sold or supplied to, or imported by or on behalf of, any of the following persons —
i
an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ,
ii
a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ,
iii
a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or
iv
a sampling officer within the meaning of paragraph 1(1) of Schedule 3 to the Act ;
c
imported from an EEA State, if the product —
i
originates in an EEA State, or
ii
originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom; or
d
the subject of —
i
a product licence ,
ii
a marketing authorization within the meaning given in regulation 1(4)(a) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ,
iii
a certificate of registration within the meaning of regulation 2(2) of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 , or
iv
a traditional herbal registration within the meaning given in regulation 2(1) of the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 .
Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977
4
1
The Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977 is amended as follows.
2
In article 2 —
a
for paragraph (4) substitute —
4
The prohibition imposed by paragraph (1) above shall not apply where the medicinal product is imported from an EEA State, if the product —
a
originates in an EEA State, or
b
originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom.
; and
b
after paragraph (4), insert —
5
For the purposes of paragraph (4) —
“free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“third country” means any country other than an EEA State.
.
Amendment of the Medicines (Aristolochia and Mu Tong etc ) (Prohibition) Order 2001
5
1
The Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 2001 is amended as follows.
2
In article 1 (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “the Act”, insert —
“free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
;
b
omit the definitions of “EEA Agreement” and “EEA State”;
c
after the definition of “medicinal product”, insert —
third country” means any country other than an EEA State.
.
3
In article 4, for paragraph (3), substitute —
3
The prohibition imposed by articles 2 and 3 above shall not apply where the medicinal product is imported from an EEA State, if the product —
a
originates in an EEA State, or
b
originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom.
.
Amendment of the Medicines for Human Use (Kava-kava) (Prohibition) Order 2002
6
1
The Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 is amended as follows.
2
In article 1(2) —
a
omit the definitions of “EEA Agreement” and “EEA State”;
b
after the definition of “medicinal product”, insert —
third country” means any country other than an EEA State.
.
3
In article 3, for paragraph (c), substitute the following —
c
imported from an EEA State, if the product —
i
originates in an EEA State, or
ii
originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom.
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
28th February 2008
Michael McGimpsey
Minister for Health, Social Services and Public Safety
27th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Amendments) Regulations 2008 and shall come into force on 4 th June 2008.
2
In these Regulations —
“the Sale or Supply Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 ; and
“the Child Safety Regulations ” means the Medicines (Child Safety) Regulations 2003 .
Amendment of the Sale or Supply Regulations
2
1
The Sale or Supply Regulations shall be amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) —
a
in the definition of “health prescription”, after “a nurse independent prescriber” insert “, an optometrist independent prescriber”; and
b
after the definition of “nursing home” insert the following definition —
“optometrist independent prescriber” means a person —
who is a registered optometrist, and
against whose name is recorded in the relevant register an annotation that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
.
3
In Schedule 2 (particulars in pharmacy records), in paragraph 1 —
a
after “a nurse independent prescriber” insert “, an optometrist independent prescriber”; and
b
in sub-paragraph (c), after “nurse independent prescriber” insert “, optometrist independent prescriber”.
Amendment of the Child Safety Regulations
3
1
The Child Safety Regulations shall be amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) after the definition of “ nurse prescriber” insert the following definition —
“optometrist independent prescriber” means a person —
who is a registered optometrist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
.
3
In regulation 3 (exemptions from regulation 2), in paragraph (1), in sub-paragraph (a) after “pharmacist independent prescriber” insert “, optometrist independent prescriber”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
22nd April 2008
Michael McGimpsey
Minister for Health, Social Services and Public Safety
16th April 2008


text:
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 2008 and come into force on 1st October 2008.
2
Form 363a in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purpose of section 363(2) Companies Act 1985
3
1
Except to the extent specified in paragraph (2), the following forms are revoked —
a
Forms 363a and 363s in the Schedule to the Companies (Forms) (Amendment) Regulations 2002 , and
b
Forms 363a and 363s in the Schedule to the Companies (Forms) (Amendment) Regulations 1999 .
2
Notwithstanding paragraph (1), the forms mentioned in that paragraph may continue to be used for an annual return delivered to the registrar made up to a date before 1st October 2008.
Gareth Jones
for Secretary of State
Department for Business, Enterprise and Regulatory Reform
3rd July 2008


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2008.
2
In these Regulations “the SSCR ” means the Social Security (Contributions) Regulations 2001 .
3
These Regulations come into force —
a
for the purposes of the amendments to regulation 67(2) of, and paragraphs 22 and 31 of Schedule 4 to, the SSCR on 1st April 2008; and
b
for all other purposes on 6th April 2008.
Amendment of the Social Security (Contributions) Regulations 2001
2
The SSCR are amended as follows.
Amendment of regulation 67(2)
3
In regulation 67(2) omit “In any case to which this regulation applies,”.
Amendment of paragraph 15 of Schedule 4
4
1
In sub-paragraph (1) of paragraph 15 of Schedule 4 (specified amount of earnings-related contributions payable by the employer) —
a
for each iteration of “the Inland Revenue” substitute “ HMRC ”;
b
after the words “upon consideration of the employer’s record of past payments” insert “whether of earnings-related contributions or of combined amounts,”;
c
after the words “specify the amount of earnings-related contributions” insert “or of a combined amount”.
2
After sub-paragraph (1) insert —
1A
For the purposes of this paragraph “combined amount” is an amount which includes earnings-related contributions due under these regulations and one or more of the following —
a
tax due under the PAYE Regulations;
b
amounts due under the Income Tax (Construction Industry Scheme) Regulations 2005 ;
c
payments of repayments of student loans due under the Education (Student Loans) (Repayment) Regulations 2000 .
.
3
In sub-pararaph (2) —
a
after the words “the specified amount” omit the words “of earnings-related contributions”;
b
in paragraph (a) after the words “earnings-related contributions” insert “or as including an amount of earnings-related contributions”; and
c
in paragraph (b) for “the Inland Revenue” substitute “HMRC”.
4
In sub-paragraph (3) for each iteration of “the Inland Revenue” substitute “HMRC”.
5
In sub-paragraph (4) for “the Inland Revenue “ substitute “HMRC”.
6
In sub-paragraph (5) for “the Inland Revenue” substitute “HMRC”.
7
In sub-paragraph (6) for each iteration of “the Inland Revenue” substitute “HMRC”.
8
In sub-paragraph (7) —
a
for each iteration of “the Inland Revenue” substitute “HMRC”;
b
after the words “satisfy the Inland Revenue, that the payment”, omit the words “of earnings-related contributions”; and
c
after the words “specified in the notice is”, insert “or includes”.
9
In sub-paragraph (8) —
a
for each iteration of “the Inland Revenue” substitute “HMRC”; and
b
after the words “certified by the Inland Revenue under it” insert “whether separately or as part of a combined amount”.
Amendment of paragraph 16 of Schedule 4
5
1
In sub-paragraph (1) of paragraph 16 of Schedule 4 (recovery of earnings-related contributions or Class 1B contributions) —
a
for each iteration of “the Inland Revenue” substitute “HMRC”; and
b
in paragraph (a) after the words “he is treated as liable to the Inland Revenue” insert “whether separately or as part of a combined amount”.
2
In sub-paragraph (2) for the words “amount of tax” substitute “other component of a combined amount”.
3
In sub-paragraph (3) —
a
in paragraph (d) for the first occurrence of the word “tax” substitute “other component of a combined amount”;
b
at the end of paragraph (3) for the word “tax” substitute “other component of a combined amount”; and
c
for “the Inland Revenue” substitute “HMRC”.
4
In sub-paragraph (4) —
a
for the word “tax” substitute “other component of the combined amount”; and
b
for “the Inland Revenue” substitute “HMRC”.
5
In sub-paragraph (5) —
a
at the end of paragraph (b) omit the word “or”.
b
after paragraph (c ) add —
d
amounts due under the Income Tax (Construction Industry Scheme) Regulations 2005; or
e
payments of repayments of student loans due under the Education (Student Loans) (Repayment) Regulations 2000.
.
6
After sub-paragraph (5) add —
6
For the purposes of this paragraph “combined amount” has the meaning given in paragraph 15(1A).
.
Amendment of paragraph 17 of Schedule 4
6
1
In sub-paragraph (2) of paragraph 17 of Schedule 4 (interest on overdue earnings-related contributions or Class 1B contributions) for “the Inland Revenue” substitute “HMRC”.
2
In sub-paragraph (5) for “the Inland Revenue” substitute “HMRC”.
3
After sub-paragraph (5) add —
6
HMRC may prepare a certificate certifying the total amount of interest payable in respect of the whole or any component of a combined amount without specifying what component of the combined amount the interest relates to.
Sub-paragraph (5) shall apply, with any necessary modifications, to the certificate.
7
For the purposes of this paragraph “combined amount” has the meaning given in paragraph 15(1A).
.
Amendment of paragraphs 22 and 31 of Schedule 4
7
In each of —
a
paragraph 22(7) of Schedule 4 ; and
b
paragraph 31(9) of Schedule 4 ,
for “Section 98A of the Taxes Management Act 1970 (penalties for late, fraudulent or negligent returns)” substitute “Section 98A of the Taxes Management Act 1970 (special penalties in the case of certain returns) and Schedule 24 to the Finance Act 2007 (penalties for errors) as that Schedule applies to income tax returns”.
Mike Hanson
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
7th March 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Overseas Life Insurance Companies (Amendment) Regulations 2008 and shall come into force on 12th August 2008.
2
Regulations 3, 4 and 7 to 17 have effect in relation to periods of account beginning on or after 1st January 2008 which end on or after the day on which these Regulations come into force.
3
But regulations 7 , 9, 10 and 12 have effect only in relation to transfers of business taking place on or after 1st July 2008.
Amendments to the Overseas Life Insurance Companies Regulations 2006
2
The Overseas Life Insurance Companies Regulations 2006 are amended as follows.
Amendment of regulation 5
3
In regulation 5(3) (modifications of section 76(7) of the Income and Corporation Taxes Act 1988) —
a
in sub-paragraph (a), for “(b)” substitute “(c)”, and
b
in sub-paragraph (b), the inserted paragraph (d) becomes inserted paragraph (e).
Amendment of regulation 6
4
1
Regulation 6 (modifications of section 431(2) of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (1), omit “(2)”.
3
After paragraph (1) insert —
1ZA
Modify subsection (2) in accordance with paragraphs (1A) to (5).
.
4
For paragraph (1A) substitute —
1A
In the definition of “foreign business assets” omit —
a
“either”,
b
“or” at the end of paragraph (a), and
c
paragraph (b).
.
5
After paragraph (2) insert —
2A
In the case of an EEA firm or a Treaty firm, for the definition of “liabilities” substitute —
“liabilities”, where the company concerned is an EEA firm or a Treaty firm —
does not include liabilities that have been reinsured, but
subject to that, means liabilities (including those which arise from deposit back arrangements) as determined in accordance with actuarial principles for the purposes of any return equivalent to a periodical return and required to be made by the company under the law of the territory in which the company is resident;
.
.
6
In paragraph (4) —
a
omit the substituted definition of “liabilities”, and
b
in the substituted definition of “insurance business transfer scheme”, for “or 4” substitute “, 4 or 5”.
7
In paragraph (5), in the inserted definition of “free assets amount” —
a
for “aggregate of the relevant liabilities and the amount of the shareholders’ excess assets” substitute “relevant liabilities”,
b
insert “and” at the end of paragraph (a), and
c
omit paragraph (c) and the “and” before it.
8
After paragraph (5) insert —
6
In subsection (2YC) , at the end insert —
so far as that income and those gains fall to be attributed, for the purposes of section 11AA(2) , to the permanent establishment in the United Kingdom through which the company carries on life assurance business.
.
7
In subsection (2YD), at the end insert —
so far as those amounts and that deduction fall to be attributed, for the purposes of section 11AA(2), to the permanent establishment in the United Kingdom through which the company carries on life assurance business.
.
.
Amendment of regulation 8
5
In regulation 8 (modifications of section 432A of the Income and Corporation Taxes Act 1988) , omit paragraph (2).
Amendment of regulation 9
6
In regulation 9 (modifications of section 432B of the Income and Corporation Taxes Act 1988) , omit paragraph (3).
Insertion of regulations 14ZA to 14ZC
7
After regulation 14 (modification of section 442A of the Income and Corporation Taxes Act 1988) insert —
14ZA
In section 444AA (transfers of business: deemed periodical returns) , in subsection (5), in a case where the transferor is an EEA firm or a Treaty firm, for paragraphs (a) and (b) substitute —
a
in respect of the amount of the relevant long-term business provisions immediately before the transfer, and
b
in respect of the value, immediately before the transfer, of the assets transferred.
.
14ZB
In section 444ABA (relevant non-transferred assets) , in subsection (1), in a case where the transferor is an EEA firm or a Treaty firm, for the definition of BTO substitute —
BTO is the lesser of VA and APL, where —
VA is the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in the periodical return of the transferor for the period of account of the transferor including the transfer date, and
APL is the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
in the case of IAD accounts, the amount of profit or loss shown as being brought forward in that balance sheet, and
in the case of IAS accounts, the amount of retained earnings shown as being brought forward in that balance sheet.
.
14ZC
1
In a case where the transferor is an EEA or a Treaty firm, modify section 444ABB (retained assets) as follows.
2
In subsection (1) —
a
for “RL13” (in both places) substitute “RL”; and
b
in the definition of RL13, for “AL13” substitute “APL”.
3
In subsection (1A) for paragraphs (a) to (c) substitute —
a
APL is the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
i
in the case of IAD accounts, the amount of profit or loss shown as brought forward in that balance sheet, and
ii
in the case of IAS accounts, the amount of retained earnings shown as brought forward in that balance sheet;
b
VE is the amount (if any) by which VA exceeds VTL where —
i
VA is the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in the periodical return of the transferor for the period of account of the transferor including the transfer date, and
ii
VTL is the value of the liabilities transferred by the insurance business transfer scheme (but excluding those which arise from deposit back arrangements); and
c
relevant retained liabilities are any liabilities of the company’s long-term business which are owed by the company immediately after the transfer date and are shown (or treated as shown) as entries —
i
at items C3 (net of reinsurance) and G in IAD accounts, or
ii
at equivalent items in the balance sheet in IAS accounts.
.
.
Substitution of regulation 14A
8
For regulation 14A (modification of section 444ABD of the Income and Corporation Taxes Act 1988) substitute —
14A
1
In a case where the transferor is an EEA firm or a Treaty firm, modify section 444ABD (transferor’s period of account including transfer) as follows.
2
In subsection (1), for paragraphs (a) and (b) substitute —
a
the value of the liabilities transferred by the insurance business transfer scheme (but excluding those which arise from deposit back arrangements), exceeds
b
the value, immediately before the transfer, of the assets transferred by the insurance business transfer scheme,
.
3
In subsection (1E) for “amount” (in the first place) substitute “value”.
.
Substitution of regulation 15
9
For regulation 15 (modifications of section 444AC of the Income and Corporation Taxes Act 1988) substitute —
15
1
In a case where the transferor is an EEA firm or a Treaty firm, modify section 444AC (transfer schemes: reduction of income of transferee) as follows.
2
In subsection (4) for the words from “lesser of” to the end substitute —
the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
a
in the case of IAD accounts, the amount of profit or loss shown as being brought forward in that balance sheet, and
b
in the case of IAS accounts, the amount of retained earnings shown as being brought forward in that balance sheet.
.
3
Omit subsection (5).
.
Omission of regulation 15A
10
Omit regulation 15A (modification of section 444AD of the Income and Corporation Taxes Act 1988) .
Insertion of regulation 15B
11
Before regulation 16 (modification of section 444AL of the Income and Corporation Taxes Act 1988) insert —
15B
In a case where the transferor or the transferee is an EEA firm or a Treaty firm (or both are), omit section 444AE (transfers of business: FAFTS) .
.
Insertion of regulation 15C
12
After regulation 15B (inserted by regulation 11) insert —
15C
In section 444AEA (transfer schemes: anti-avoidance rule) , in subsection (6), in the definition of “surplus-increasing transfer of assets”, in a case where the transferor is an EEA firm or a Treaty firm, for “increases the amount of total surplus shown in line 39 of Form 58” substitute “gives rise to an amount that increases the profits or reduces the losses shown”.
.
Amendment of regulation 22
13
In regulation 22 (modifications of section 83 of the Finance Act 1989), after paragraph (2) insert —
2A
In subsection (2A), in the case of an EEA firm or a Treaty firm, omit paragraph (ac) .
.
Insertion of regulation 22B
14
After regulation 22A (modification of section 83XA of the Finance Act 1989) insert —
22B
In the case of an EEA firm or a Treaty firm, omit sections 83YC to 83YF (financing-arrangement-funded transfers) .
.
Omission of regulation 23
15
Omit regulation 23 (modification of section 83ZA of the Finance Act 1989).
Omission of regulation 25
16
Omit regulation 25 (modification of section 88(3) of the Finance Act 1989).
Amendment of regulation 26
17
In regulation 26 (modifications of section 89 of the Finance Act 1989), omit paragraph (2).
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008