type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 3) Order 2009 and comes into force on 1st September 2009.
Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008
2
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 is amended as follows.
3
In article 2 (First-tier Tribunal Chambers) after paragraph (d) insert —
e
the General Regulatory Chamber.
.
4
In article 3(c) (functions of the Social Entitlement Chamber) before sub-paragraph (i) insert —
ai
appeals under section 11 of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (appeals against decisions of Her Majesty’s Revenue and Customs);
.
5
After article 5A (functions of the Tax Chamber) insert —
Functions of the General Regulatory Chamber
5B
To the General Regulatory Chamber are assigned all functions relating to —
a
proceedings in respect of the decisions and actions of regulatory bodies which are not assigned to the Health, Education and Social Care Chamber by article 5;
b
matters referred to the First-tier Tribunal under Schedule 1D to the Charities Act 1993 ; and
c
the determination of remuneration for carrying mail-bags in a ship or aircraft.
6
In article 6 (Upper Tribunal Chambers) for paragraph (b) substitute —
b
the Tax and Chancery Chamber;
.
7
In article 7 (functions of the Administrative Appeals Chamber) —
a
in paragraph (a)(i) for “decisions made in the Tax Chamber” substitute “an appeal assigned to the Tax and Chancery Chamber by article 8(1)(a)”;
b
after paragraph (a)(vi) insert —
vii
against a decision of the Information Commissioner transferred to the Upper Tribunal from the First-tier Tribunal under Tribunal Procedure Rules;
viii
against a decision of a traffic commissioner.
;
c
in paragraph (b) after “an application” insert “, except an application assigned to the Tax and Chancery Chamber by article 8(1)(e), for the Upper Tribunal”;
d
in paragraph (c) for “unless the reference is made by the Tax Chamber” substitute “except where the reference is assigned to the Tax and Chancery Chamber by article 8(1)(d)”; and
e
after paragraph (c) insert —
d
a determination or decision under section 4 of the Forfeiture Act 1982 .
8
For article 8 (functions of the Finance and Tax Chamber) substitute —
Functions of the Tax and Chancery Chamber
8
1
To the Tax and Chancery Chamber are assigned all functions relating to —
a
an appeal against a decision of the First-tier Tribunal made —
i
in the Tax Chamber; or
ii
in a charities case;
b
an application under paragraph 50(1)(d) of Schedule 36 to the Finance Act 2008 ;
c
proceedings transferred to the Upper Tribunal under Tribunal Procedure Rules —
i
from the Tax Chamber of the First-tier Tribunal; or
ii
from the First-tier Tribunal in a charities case;
d
a matter referred to the Upper Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007 —
i
by the Tax Chamber of the First-tier Tribunal; or
ii
by the First-tier Tribunal in a charities case;
e
an application for the Upper Tribunal to grant the relief mentioned in section 15(1) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction), or to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland), which relates to —
i
a decision of the First-tier Tribunal mentioned in paragraph (a)(i) or (ii);
ii
a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, with the exception of any function in respect of which an appeal would be allocated to the Social Entitlement Chamber by article 3;
iii
the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 ), with the exception of any function in relation to which an appeal would be allocated to the Social Entitlement Chamber by article 3;
iv
a function of the Charity Commission.
2
In this article “a charities case” means an appeal or application in respect of a decision, order or direction of the Charity Commission, or a reference under Schedule 1D of the Charities Act 1993.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
26th June 2009
I concur
Robert Carnwath
Senior President of Tribunals
29th June 2009


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Amendment) (No. 2) Order 2009 and comes into force on 21st December 2009.
Amendments
2
1
The Plant Health (Forestry) Order 2005 is amended as follows.
2
In article 2(1), for the definition of “the Directive” substitute —
“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as amended from time to time;
.
3
In Schedule 3, for the entry in column (3) corresponding to item 8 substitute —
Belarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
.
4
In Schedule 4, Part A, for the entry in column (2) corresponding to item 30 substitute —
Soil or growing medium that —
is attached to, or accompanies, trees for the purpose of sustaining the vitality of those trees;
consists —
wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark); or
partly of any solid inorganic substance; and
originates from —
Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia
.
Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
9th November 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 and shall come into force on 1st October 2009.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
2
1
The Town and Country Planning (General Development Procedure) Order 1995 is amended as follows.
2
In article 4C (design and access statements) after paragraph (1)(c) insert —
d
development that is the subject of an application referred to in article 10B(1)(b)
.
3
In article 4E (applications for planning permission) —
a
in paragraph (1)(c) after “of the Act” insert “or is referred to in article 10B(1)(b)”; and
b
omit paragraph (4).
4
After article 4E insert —
Applications for non-material changes to planning permission
4F
1
This article applies in relation to an application made under section 96A(4) of the Act (power to make non-material changes to planning permission).
2
An application in relation to which this article applies must be made in writing to the local planning authority on a form published by the Secretary of State (or a form to substantially the same effect).
3
At the same time as making an application in relation to which this article applies the applicant must give notice to any person (other than the applicant) who is an owner of the land to which the application relates or a tenant of an agricultural holding any part of which is comprised in the land to which the application relates, stating —
a
what the application is for and where the person can view a copy of it; and
b
that any representations about the application must be made to the local planning authority within 14 days of the date when the notice is given.
4
Where notice is given under paragraph (3), the local planning authority must, in determining an application, take into account any representations made within 14 days beginning with the date when the notice was given.
5
Where a local planning authority receive an application made in accordance with paragraph (2) they must give the applicant notice in writing of their decision on the application within 28 days of receipt of the application or such longer period as may be agreed in writing between the applicant and the authority.
5
In article 10 (consultations before the grant of permission),
a
after paragraph (1)(iv) insert —
v
the development is not EIA development and is the subject of an application in relation to which article 10B applies.
; and
b
in paragraph (4) after “this article” insert “or article 10B”.
6
After article 10A insert —
Consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit
10B
1
This article applies in relation to —
a
an application made pursuant to section 73 of the Act (determination of applications to develop land without conditions previously attached); and
b
an application for planning permission where the development that is the subject of the application —
i
has not yet begun; and
ii
was granted planning permission on or before 1st October 2009 subject to a time limit imposed by or under section 91 (general condition limiting duration of planning permission) or 92 (outline planning permission) of the Act which has not expired (“the previous planning permission”).
2
Before granting planning permission on an application in relation to which this article applies, the local planning authority must consult such authorities or persons falling within a category set out in the table in article 10 as the local planning authority consider appropriate.
7
In article 11A (duty to respond to consultation), in paragraph (1), after sub-paragraph (a) insert —
aa
article 10B;
.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
1st September 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) Regulations 2009.
2
These Regulations come into force on 21st February 2009.
3
In these Regulations —
“ the Act ” means the Banking Act 2009;
“the Bank” means the Bank of England;
“banking institution” means —
a bank (within the meaning of Part 1 of the Act );
a building society (within the meaning of section 119 of the Building Societies Act 1986 ); or
a holding company ;
“relevant time” means —
in relation to Case 1 (as specified in regulation 2(2)), the time at which the partial property transfer took effect;
in relation to Case 2 (as specified in regulation 2(3)), the time at which the property transfer instrument made in accordance with section 11(2) or 12(2) of the Act took effect;
in relation to Case 3 (as specified in regulation 2(4)), the time at which the share transfer order made in accordance with section 13(2) of the Act (including that section as applied by section 82 of the Act) took effect;
“third party compensation order in relation to a partial property transfer” has the meaning given in regulation 3(2).
Application of these Regulations
2
1
These Regulations apply in the following cases.
2
Case 1 is where a partial property transfer has been made by the Bank in accordance with section 11(2) or 12(2) of the Act.
3
Case 2 is where —
a
the Bank has made a property transfer instrument in accordance with section 11(2) or 12(2) of the Act which is not a partial property transfer; but
b
an onward property transfer instrument has been made by the Bank in accordance with section 43 of the Act which is a partial property transfer.
4
Case 3 is where —
a
the Treasury have made a share transfer order in accordance with section 13(2) of the Act (including that section as applied by section 82 of the Act); and
b
a property transfer order has been made by the Treasury in accordance with section 45(2) of the Act (including that section as modified by section 83 of the Act) which by virtue of section 45(5)(b) of the Act is to be treated as a partial property transfer.
5
For the purposes of these Regulations, a property transfer instrument or property transfer order which purports to transfer all property, rights and liabilities of an undertaking shall be treated as having done so effectively (and so shall not be treated as a partial property transfer), notwithstanding the possibility that any of the property, rights or liabilities are foreign property and may not have been effectively transferred by the property transfer instrument or order or by virtue of steps taken under section 39 of the Act.
Requirement to include a third party compensation order
3
1
A compensation scheme order or a resolution fund order made in the cases in which these Regulations apply must include a third party compensation order .
2
Regulations 4 to 9 set out provisions which must be included in a such a third party compensation order (“a third party compensation order in relation to a partial property transfer”); regulation 10 sets out provisions which may be included in such an order.
Mandatory provisions - appointment of independent valuer
4
A third party compensation order in relation to a partial property transfer must include provision for a person (“an independent valuer”) to be appointed to determine —
a
whether all pre-transfer creditors , a class of pre-transfer creditors or a particular pre-transfer creditor should be paid compensation; and
b
if compensation should be paid, what amount is to be paid,
(and, by virtue of section 59(3)(a) of the Act, sections 54 to 56 (appointment etc. of independent valuer) apply to the independent valuer appointed in accordance with this regulation).
Mandatory provisions – assessment of insolvency treatment
5
1
A third party compensation order in relation to a partial property transfer must include the following provisions (subject to any necessary modifications).
2
The independent valuer must assess the treatment (“the insolvency treatment”) which pre-transfer creditors would have received had the banking institution in relation to which or in connection with which the partial property transfer has been made entered insolvency immediately before the relevant time.
3
The independent valuer must assess the treatment (“the actual treatment”) which pre-transfer creditors have received, are receiving or are likely to receive (as specified in the order) if no (or no further) compensation is paid.
4
If the independent valuer considers that, in relation to any pre-transfer creditor, the actual treatment assessed under paragraph (3) is less favourable than the insolvency treatment assessed under paragraph (2), the independent valuer must determine that compensation be paid to that pre-transfer creditor.
5
The amount of compensation payable by virtue of paragraph (4) must be determined by the independent valuer by reference to the difference in treatment assessed under paragraph (4) and on the basis of the fair and equitable value of that difference in treatment.
Mandatory provisions – choice of insolvency process
6
A third party compensation order in relation to a partial property transfer must include either —
a
a provision specifying that the independent valuer must assess the insolvency treatment as required under regulation 5(2) on the basis that the banking institution had entered a particular insolvency process specified in the order; or
b
a provision specifying that the independent valuer must determine what insolvency process it is likely that the banking institution would have entered, had the following instrument or order not been made —
i
in the case of Case 1 (as specified in regulation 2(2)), the partial property transfer;
ii
in the case of Case 2 (as specified in regulation 2(3)), the property transfer instrument made in accordance with section 11(2) or 12(2) of the Act;
iii
in the case of Case 3 (as specified in regulation 2(4)), the share transfer order made in accordance with section 13(2) of the Act (including that section as applied by section 82 of the Act).
.
Mandatory provisions – valuation principles
7
1
A third party compensation order in relation to a partial property transfer must include the following provisions (subject to any necessary modifications).
2
In making the assessment of the insolvency treatment as required under regulation 5(2), the independent valuer must determine the amount of compensation in accordance with the following principles (in addition to the principle which applies by virtue of section 57(3) of the Act) —
a
that the banking institution in relation to which or in connection with which the partial property transfer has been made would have entered insolvency immediately before the relevant time;
b
that the partial property transfer has not been made and that no other order or instrument under Part 1 of the Act would have been made in relation to or in connection with the banking institution (or, in appropriate cases, any of the banking institutions);
c
that no financial assistance would have, after the relevant time, been provided by the Bank or the Treasury.
Mandatory provisions – interim payments
8
1
A third party compensation order in relation to a partial property transfer must include the following provisions (subject to any necessary modifications).
2
The independent valuer may determine that payments should be made to a pre-transfer creditor, a class of pre-transfer creditors or all pre-transfer creditors on account of compensation to be payable under the third party compensation order (“payments on account”).
3
The independent valuer may make such a determination at any time before the determination required by regulation 5(5) has been made.
4
Once the determination required by regulation 5(5) has been made, the independent valuer must determine what balancing payments are appropriate to ensure that the pre-transfer creditor receives the amount of compensation determined under regulation 5(5) (and no more than that amount).
5
Subject to paragraph (6), the independent valuer may make such provision as to payments on account as he thinks fit (including a requirement that payments be made in instalments).
6
Payments on account must be made subject to the following conditions —
a
that the acceptance of such a payment by the pre-transfer creditor reduces any obligation (whether in existence at the time of the payment or not) on the Treasury, the Financial Services Compensation Scheme or any other person (as the case may be) to pay compensation to the pre-transfer creditor by the amount of the payment on account;
b
that, where the independent valuer, in accordance with paragraph (4) determines that the pre-transfer creditor should make a balancing payment to the Treasury, the Financial Services Compensation Scheme or any other person (as the case may be), the pre-transfer creditor is liable to pay that amount.
7
In considering whether to require payments on account to be made in accordance with this regulation, the independent valuer must have regard to the merits of ensuring that pre-transfer creditors receive compensation in a timely manner.
Mandatory provisions – valuations provided by creditors
9
A third party compensation order in relation to a partial property transfer must make provision requiring the independent valuer to have regard to any information provided by a pre-transfer creditor which is relevant to the exercise of the independent valuer’s functions under the order; in particular, the independent valuer must have regard to any information which relates to the assessment of the insolvency treatment required by regulation 5(2) or the assessment of the actual treatment required by regulation 5(3).
Optional provisions – valuation principles
10
1
A third party compensation order in relation to a partial property transfer may make any of the following provisions (subject to any necessary modifications).
2
In making the assessment of the insolvency treatment required by regulation 5(2), the independent valuer must assume that property specified in the order (or property of a class specified in the order) would have been sold for the price specified in the order or calculated by reference to criteria specified in the order.
3
In making the assessment of the insolvency treatment required by regulation 5(2), the independent valuer must assume that property specified in the order (or property of a class specified in the order) would have been treated in the manner specified in order.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2009


text:
Citation
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 12) Order 2009.
Provisions commenced for some purposes
2
1
Subject to paragraph (2), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas on 16th November 2009.
2
Section 17(3) (specific types of conditions) comes into force in accordance with paragraph (1) only so far as it inserts section 22(3A)(a) of the Criminal Justice Act 2003 .
3
In this article, “relevant areas” means the police areas of:
i
Hampshire; and
ii
Humberside.
Provisions commenced for all purposes
3
Section 17(5) of the Police and Justice Act 2006 (amendments concerning orders increasing financial penalties) comes into force on 16th November 2009 so far as it inserts section 330(5)(aa) of the Criminal Justice Act 2003 (orders subject to affirmative resolution procedure).
Signed by the authority of the Secretary of State
Claire Ward
Parliamentary Under Secretary of State
Ministry of Justice
15th October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Inspections) (Amendment) Regulations 2009 and come into force on 31st July 2009.
Amendment to the Childcare (Inspections) Regulations 2008
2
For regulation 3(2)(a) of the Childcare (Inspections) Regulations 2008 , substitute —
a
on or before 31st July 2012, and
.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
16th June 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Enfield) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Enfield Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Enfield and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Enfield Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Enfield Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations extend to England and Wales.
Enhanced criminal record certificates: police forces
2
For the purposes of section 113B of the Police Act 1997 (enhanced criminal records) —
a
the Criminal Records Bureau must be treated as if it were a police force;
b
any reference to the chief officer of police, in relation to the Criminal Records Bureau, is to be taken to be the Chief Executive of the Criminal Records Bureau;
c
the Scottish Crime and Drug Enforcement Agency must be treated as if it were a police force;
d
any reference to the chief officer of police, in relation to the Scottish Crime and Drug Enforcement Agency, is to be taken to be the Director General of the Scottish Crime and Drug Enforcement Agency.
Amendment of the Police Act 1997 (Criminal Records) Regulations 2002
3
1
The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows:
2
In regulation 10 (enhanced criminal record certificates: relevant police forces), after sub-paragraph (c) insert —
ca
the Criminal Records Bureau if —
i
there is no UK residence address within the last 5 years provided on the application; and
ii
no other police force appears to the Secretary of State to be relevant to the application.
3
In regulation 11(2) (evidence of identity: fingerprinting), for sub-paragraph (b) substitute–
b
either —
i
that he proposes to attend at a police station (“the specified police station”) for the purpose of having his fingerprints taken, or
ii
that he proposes to have his fingerprints taken by the registered person countersigning or acting as the registered person in relation to his application under this Part.
4
After regulation 11(2) insert the following paragraph —
2A
But a person can only have his fingerprints taken under paragraph (2)(b)(ii) with the consent of the Secretary of State.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
3rd March 2009


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2009 and shall come into force on 10th March 2009.
2
In this Order, “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
Article 2 shall have effect from 1st April 2007 and article 3 shall have effect from 1st April 2008.
Amendment of Part 2 of the 1998 Order
2
In article 6(1)(a) of the 1998 Order (requirement of audit) for “31st December” substitute “30th November”.
Substitution of Schedule 1 to the 1998 Order
3
For Schedule 1 to the 1998 Order (sums to be used in the calculation of subsidy) substitute the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Kitty Ussher
Parliamentary Under-Secretary of State,
Department for Work and Pensions
12th January 2009
We consent
Frank Roy
Tony Cunningham
Two of the Lord Commissioners of Her Majesty’s Treasury
13th January 2009


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2009 and shall come into force on the expiry of one week beginning with the day on which it is made.
2
This Order extends to England and Wales and Northern Ireland.
3
Iceland and Norway are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 31, 32, 35, 43, 44, 45, 47 and 48 of, and paragraph 15 of Schedule 2 to, the 2003 Act.
4
Switzerland is designated as a participating country under section 51(2)(b) of the 2003 Act for the purposes of sections 4, 4B , 32, 35, 43, 44 and 45 of the 2003 Act.
West of Spithead
Parliamentary Under Secretary of State
Home Office
3rd July 2009


text:
Citation and commencement
1
This Order may be cited as the Derelict Land Clearance Area (Drake Gardens, Tavistock) Order 2009 and shall come into force on 23 rd December 2009.
Derelict Land Clearance Area
2
1
Subsections (1) to (6) of section 1 of the Derelict Land Act 1982 shall have effect in relation to the land in the locality shown bounded by the outside edge of a bold red line on the map as they have effect in relation to land in a development area or intermediate area.
2
In paragraph (1) “the map” means the map marked “Map referred to in the Derelict Land Clearance Area (Drake Gardens, Tavistock) Order 2009” and signed by authority of the Secretary of State, duplicates of which have been deposited, and are available for inspection, at the offices of the West Devon Borough Council and at the offices of the Secretary of State.
Signed by the authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th November 2009
We consent
Dave Watts
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Deemed Income from Capital) Regulations 2009 and shall come into force on 2nd November 2009.
Amendment of the State Pension Credit Regulations 2002
2
The State Pension Credit Regulations 2002 are amended as follows.
3
1
Regulation 15 (income for the purposes of the Act) is amended in accordance with this regulation.
2
For paragraph (6) substitute —
6
For the purposes of section 15(2) (deemed income from capital) and subject to regulation 17(8) (capital to be disregarded), a claimant’s capital shall be deemed to yield a weekly income of —
a
£1 for each £500 in excess of £10,000; and
b
£1 for any excess which is not a complete £500.
.
3
Omit paragraphs (7) and (8).
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
4
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
5
1
Regulation 29 (meaning of “income”) is amended in accordance with this regulation.
2
For paragraph (2) substitute —
2
For the purposes of these Regulations and subject to regulation 44(2) (capital to be disregarded), a claimant’s capital shall be treated as if it were a weekly income of —
a
£1 for each £500 in excess of £10,000; and
b
£1 for any excess which is not a complete £500.
.
3
Omit paragraphs (6) and (7).
6
1
Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) is amended in accordance with this regulation.
2
For paragraph 24 substitute —
24
Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 6 does not exceed £10,000, any income actually derived from such capital.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
8
1
Regulation 19 (meaning of “income”) is amended in accordance with this regulation.
2
For paragraph (2) substitute —
2
For the purposes of these Regulations and subject to regulation 34(2) (capital to be disregarded), a claimant’s capital shall be treated as if it were a weekly income of —
a
£1 for each £500 in excess of £10,000; and
b
£1 for any excess which is not a complete £500.
.
3
Omit paragraphs (6) and (7).
9
1
Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) is amended in accordance with this regulation.
2
For paragraph 23 substitute —
23
Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 4 does not exceed £10,000, any income actually derived from such capital.
.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minister of State
Department for Work and Pensions
1st July 2009


text:
Citation and commencement
1
These Regulations may be cited as the M60 Motorway (Junction 25) (Speed Limit) Regulations 2009 and shall come into force on 28th December 2009.
Revocation
2
The M60 Motorway (Junction 25) (Speed Limit) Regulations 2002 are revoked.
Interpretation
3
In these Regulations —
“carriageway” has the same meaning as in the Motorways Traffic (England and Wales) Regulations 1982 ;
“the clockwise carriageway” means the clockwise carriageway of the M60 Motorway from a point 1025 metres north of the centreline of the Lingard Lane overbridge to a point 945 metres south of the centreline of that bridge; and
“the slip road” means the exit slip road leading from the clockwise carriageway of the M60 Motorway at junction 25 to where it meets the carriageway of the A6017.
Imposition of speed limit
4
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the clockwise carriageway or the slip road.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
19th November 2009


text:
Citation, commencement and application
1
1
These regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009 and shall come into force on 18 th March 2009.
2
These Regulations apply in relation to England only.
Persons who left Zimbabwe
2
1
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows
2
In regulation 4(2)(g) omit “and”
3
At the end of regulations 4(2)(h) add
and
i
a person who —
i
arrived in Great Britain on or after 28 th February 2009 but before 18 th March 2011;
ii
immediately before arriving in Great Britain had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom.
.
4
In regulation 6(2)(g), omit “and”
5
At the end of regulation 6(2)(h) add
and
i
a person who —
i
arrived in Great Britain on or after 28 th February 2009 but before 18 th March 2011;
ii
immediately before arriving in Great Britain had been resident in Zimbabwe; and
iii
before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom.
.
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2009 and come into force on 1st September 2009.
Amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2007
2
The Early Years Foundation Stage (Welfare Requirements) Regulations 2007 are amended as follows.
3
In regulation 3(1), for “7 and 8” substitute “7, 8 and 8A”.
4
After regulation 8, insert —
Provision of information relating to disqualification
8A
1
A registered early years provider must provide the following information to the Chief Inspector —
a
details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under regulations made under section 75 of the Act (disqualification from registration);
b
the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;
c
the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;
d
in relation to an order or conviction, a certified copy of the relevant order or court order.
2
The persons in respect of whom the information referred to in paragraph (1) must be provided are —
a
the registered early years provider; and
b
any person who lives in the same household as the registered early years provider or who is employed in that household.
3
The information referred to in paragraph (1) must be provided to the Chief Inspector as soon as reasonably practicable, but in any event within 14 days of the time when the registered early years provider became aware of that information or ought reasonably to have become aware of it if they had made reasonable enquiries.
.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
22nd June 2009


text:
Citation, application and commencement
1
These Regulations —
a
may be cited as the Animal By-Products (Amendment) Regulations 2009;
b
apply in England; and
c
come into force on 2nd May 2009.
Amendment of the Animal By-Products Regulations 2005
2
1
The Animal By-Products Regulations 2005 are amended as follows.
2
In paragraph (1) of regulation 29, insert “, the Isle of Wight” after “the Isles of Scilly”.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
30th April 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2009 and, subject to paragraph (2), shall come into force on 6 th April 2009.
2
Regulations 4, 12(h), 12(i), 12(n), 21(4) and 21(5) shall come into force on 31 st March 2009.
2
In these Regulations —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ;
“application for naturalisation” means an application for naturalisation as a:
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“application for registration” means an application for registration as a:
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act;
British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of eighteen;
“claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999 and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of her decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002, or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;
“Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);
“Council of Europe Social Charter” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18 th October 1961 ;
“Council of Europe Revised Social Charter” means the Council of Europe Treaty signed in Strasbourg on 3 rd May 1996 ;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner; or
a child
of that person;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“European Community Association Agreement” means any of the following —
the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter, or remain;
“Northern Ireland charity” means a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor within the meaning of the immigration rules;
“sponsorship licence” means a sponsor licence as identified within the immigration rules;
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;
“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points-Based System”;
“unmarried or same-sex partner” of a person means a person who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.
Fees for applications for leave to remain in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies —
a
where the application is for limited leave to remain in the United Kingdom as a Tier 5 migrant, the fee is £125 for an application made by post; or
b
where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) migrant in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, for an application made by post, the fee is £110.
2
This regulation is subject to regulations 6, 7, 8, 9, 10.
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain as a Tier 4 migrant, the fee is £357 for an application made by post.
2
This regulation is subject to regulations 6, 7, 8, 9, 10, and 11.
Exceptions in respect of leave to remain applications
5
No fee is payable in connection with an application for limited leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in sub-paragraphs (a), (b) or (c).
6
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person who, at the time of making the application, is a child who is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
7
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.
8
No fee is payable in respect of an application referred to in regulations 3 or 4 if it is made under the terms of a European Community Association Agreement.
9
Where two or more applications for leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable that being the higher, or as the case may be, the highest of the fees specified in respect of those applications where those fees are different.
10
1
If the conditions specified in paragraph (2) are met, a single fee is payable in connection with the applications made.
2
The conditions are —
a
an application referred to in regulation 3 or 4 is made by an applicant (A); and
b
at the same time A makes a similar application on behalf of one or more of his dependants, in circumstances where such persons are applying as dependants of A.
3
The fee payable shall be the fee specified for the application in respect of A.
Additional fee for dependants applying for leave to remain
11
The applicant incurs an increase of £50 to the application fee for each person submitted as a dependant to that application whether —
a
the dependant is included on the application form; or
b
a separate application as a dependant is submitted at the same time.
Fees for entry clearance
12
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies —
a
subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of —
i
twelve months or less in the case of an academic visitor, or
ii
six months or less in the case of a visitor other than an academic visitor,
the fee is £67;
the fee referred to at sub-paragraph (a) will be reduced to £46 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies;
subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £250;
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who —
has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and
who is a national of a state which has ratified the Council of Europe Social Charter,
the fee is £230;
where the application is for entry clearance as the dependant of a Tier 1 (General) migrant who has been granted a valid approval letter under the Highly Skilled Migrant Programme under the immigration rules, the fee is £250;
where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £265;
where the application is for entry clearance as the dependant of a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £265;
where the application is for entry clearance as a Tier 4 migrant, the fee is £145;
where the application is for entry clearance as the dependant of a Tier 4 migrant, the fee is £145;
subject to sub-paragraph (k), where the application is for entry clearance as a Tier 5 migrant, the fee is £125;
where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £110;
where the application is for entry clearance as the dependant of a Tier 5 (Temporary Worker) migrant, the fee is £125;
where the application is for entry clearance for passing through the United Kingdom, the fee is £46;
where the application is for entry clearance as the dependant of a student under paragraphs 76 to 81 of the immigration rules, the fee is £145.
2
This regulation is subject to regulations 13 and 14.
Exceptions and waivers in respect of fees for entry clearance applications
13
No fee is payable in relation to an application referred to in regulation 12 where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
14
The official determining the application may waive the payment of a fee or reduce the fee required under regulation 12 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy.
Fees for transfer of conditions
15
1
In the case of an application to which article 3(2)(c) of the 2007 Order applies, the fee is —
a
£75 for an application made outside the UK ;
b
subject to paragraph (2), £165 for an application made by post or courier within the UK.
2
Where an application referred to in paragraph (1)(b) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, a single fee is payable in connection with that application.
Fee for a work card in respect of a seasonal agricultural worker
16
1
Subject to paragraph (2), in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, which is made in respect of a person who is seeking to enter, or remain in, the United Kingdom as a seasonal agricultural worker under the immigration rules, the fee is £12.
2
No fee is payable in connection with an application referred to in paragraph (1) if it is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fees for travel documents (not including passports)
17
1
Subject to paragraph (2), in the case of an application to which article 3(2)(e) of the 2007 Order applies, other than an application referred to in paragraph (3), the fee to be paid is —
a
£135 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£215 in any other case.
2
No fee is payable in connection with an application referred to in paragraph (1) where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purpose of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to re-settle there.
3
In the case of an application to which article 3(2)(e) of the 2007 Order applies, where the application is for a Convention travel document or a document of identity, the fee is —
a
£46 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£72 in any other case.
Fee for a direct airside transit visa
18
In the case of an application to which article 3(2)(la) of the 2007 Order applies, the fee is £46.
Fee for a certificate of entitlement to the right to abode
19
In the case of an application to which article 3(2)(lb) of the 2007 Order applies, and where the application is made in respect of an applicant who is in the United Kingdom, the fee is £140.
Fee for permission to marry or form a civil partnership
20
In the case of an application to which article 3(2)(m) or (n) of the 2007 Order applies, namely an application for permission to marry under section 19(3)(b), 21(3)(b) or 23(3)(b) of the Asylum and Immigration (Treatment of Claimants, etc ) Act 2004 or to form a civil partnership under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004 , the fee to be paid is £295.
Fee for an application for a document recording biometric information
21
1
Subject to paragraphs (2) and (3), in the case of an application to which article 3(2)(o) of the 2007 Order applies, namely an application for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007 , where the application is required by regulations made under section 5 of the UK Borders Act 2007, the fee is £30.
2
No fee is payable in respect of an application referred to in paragraph (1) which is required under the Immigration (Biometric Registration) (Pilot) Regulations 2008 .
3
No fee is payable in respect of an application referred to in paragraph (1) where the application is made in conjunction with an application for leave to remain in the United Kingdom.
4
Subject to paragraph (5), where the application is for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007, in order to transfer data previously contained in a stamp, sticker or other attachment on a passport or other document which indicates that a person has been granted leave to enter or remain in the UK, the fee is £165.
5
Where an application referred to in paragraph (4) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, a single fee is payable in connection with that application.
Fees for sponsorship licences
22
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.
23
Subject to regulation 24, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is —
a
for a sponsorship licence in respect of Tier 4 migrants;
b
for a sponsorship licence in respect of Tier 5 migrants;
c
for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants;
d
in respect of a person who, if granted a sponsorship licence, would be a small sponsor and is for —
i
a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants;
ii
a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants; or
iii
a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants, and Tier 5 migrants
the fee is £400.
24
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 23 and is in respect of a person who —
a
holds a valid sponsorship licence in respect of Tier 2 migrants; and
b
is a small sponsor
the fee is £100.
Fee for the process of issuing a certificate of sponsorship
25
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, where the process is the issuing of a certificate of sponsorship in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as —
a
a Tier 5 migrant; or
b
a Tier 4 migrant,
the fee is £10.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 (Temporary Worker) made by a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fee for arranging a citizenship ceremony
26
1
In respect of a service to which article 4(2)(e) of the 2007 Order applies, namely the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony), the fee to be paid for the provision of this service is £80.
2
The fee referred to in paragraph (1) shall be payable on submission of an application for registration or for naturalisation by an applicant who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony.
3
Where the fee referred to in paragraph (1) is paid in accordance with paragraph (2) and —
a
the Secretary of State refuses the application; or
b
the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case,
the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.
4
Where the fee referred to in paragraph (1) is to be paid in accordance with paragraph (2), and the fee is not paid in accordance with that paragraph, the Secretary of State will not consider the application for registration or naturalisation.
Fee for the administration of a citizenship oath, or oath and pledge
27
1
In respect of a service to which article 4(2)(f) of the 2007 Order applies, namely the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony), the fee to be paid for the provision of this service is £5.
2
No fee is payable under these Regulations where the oath, or oath and pledge, is administered by a justice of the peace.
Fee for the supply of certified copy
28
In respect of a service to which article 4(2)(g) of the 2007 Order applies, namely the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former Nationality Acts or the 1997 Act, the fee to be paid for the provision of this service is £75.
Fee for technical changes to a work permit document
29
In the case of an application to which article 3(2)(d) of the 2007 Order applies, for a letter to confirm the amendment to information held by the UK Border Agency relating to employment within the terms of the work permit arrangements, which does not constitute a change requiring a new application for permission to work, the fee is £20.
Fee for letter or other document confirming immigration or nationality status
30
In the case of an application to which article 3(2)(q) of the 2007 Order applies, namely an application for a letter or other document confirming —
a
a person’s immigration or nationality status; or
b
that a person is not a British citizen,
the fee is £75.
Fee for services in connection with immigration or nationality applications
31
1
Subject to paragraph (2), in respect of a service to which article 6(2) of the 2007 Order applies, namely the provision of services in connection with any immigration or nationality application requiring a representative of the Secretary of State to —
a
attend premises other than an office of the UK Border Agency of the Home Office or Consular premises; or
b
provide services outside of office hours,
the fee is £128 per hour up to a maximum of £922 a day.
2
The official determining provision of these services may waive the payment of the fee in paragraph (1) where the official considers it is appropriate in the particular circumstances of the case.
Consequences of failing to pay the fee
32
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
33
The following Regulations are revoked —
a
the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 .
b
the Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations 2008 .
c
the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 2) Regulations 2008 .
d
the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) Regulations 2008 .
Phil Woolas
Minister of State
Home Office
10th March 2009
We consent
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the Legislative Reform (Local Government) (Animal Health Functions) Order 2009 and comes into force on the day after the day on which it is made.
2
This Order extends to England and Wales.
Arrangements for discharge of functions by local authorities
2
1
In section 101 of the Local Government Act 1972 the following subsections are repealed —
a
subsection (7) (which prevents a local authority from arranging under that section for another local authority to discharge their animal health functions); and
b
subsection (7A) (which exempts Welsh principal councils from the prohibition in subsection (7)).
2
Paragraph 26(2) of Schedule 15 to the Local Government (Wales) Act 1994 (which inserted section 101(7A) of the Local Government Act 1972) is repealed.
Hilary Benn
Secretary of State
Department for Environment, Food and Rural Affairs
30th May 2009


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 and shall come into force for the purposes of this article and articles 3 to 7 on the day after that on which it is made, and for all other purposes on 1st April 2009.
PART 2 AMENDMENT OF ORDERS UNDER PART 1 OF THE LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007
Amendment of the Bedfordshire (Structural Changes) Order 2008
2
1
The Bedfordshire (Structural Changes) Order 2008 is amended as follows.
2
In article 16 (duties of shadow authority: executive arrangements, code of conduct and members’ allowances), after paragraph (5) insert —
5A
The persons who, on the coming into force of the Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009, are the members of the shadow executive shall —
a
continue as members of that executive, and
b
on and after 1st April 2009, shall be the members of the Central Bedfordshire Council’s executive for the purposes of Part 2 of the Local Government Act 2000,
until the end of the shadow period, notwithstanding the dissolution on that date of the County Council and district councils by which they were nominated.
5B
If a member of the executive constituted as mentioned in paragraph (5A)(b) ceases to be a member of that executive before the end of the shadow period, the Central Bedfordshire Council may in accordance with the terms of the constitution of the Council nominate another member of the Council to be a member of its executive.
;
3
In article 26(1) (cancellation of parish council elections in Bedfordshire in 2008, etc ) —
a
after sub-paragraph (a) insert —
aa
the term of office of those councillors elected in 2004 or at any subsequent election before the 2009 election day for the council of those parishes referred to in sub-paragraph (a) shall end on the fourth day thereafter;
;
b
for sub-paragraph (b) substitute —
b
elections for the return of councillors to the council of the parishes referred to in sub paragraph (a) shall be held on the 2009 election day;
;
c
after sub-paragraph (b) insert —
ba
elections shall not be held in 2010 for the return of councillors to the council of the parishes of Bolnhurst and Keysoe, Caddington, Dean and Shelton, Eaton Bray, Elstow, Harrold, Hyde, Oakley, Odell, Pertenhall and Swineshead, Podington, Riseley, Slip End, Wilshamstead and Wymington;
bb
the term of office of those councillors elected in 2006 or at any subsequent election before the 2011 election day for the council of those parishes referred to in sub-paragraph (ba) shall end on the fourth day thereafter;
.
Amendment of the Cornwall (Structural Change) Order 2008
3
In the Cornwall (Structural Change) Order 2008 in article 3 (single tier local government in Cornwall) after paragraph (2) insert the following —
3
If the council for the county of Cornwall passes a resolution that the word “County” should be omitted from its name, its name shall be “The Cornwall Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council.
.
Amendment of the Northumberland (Structural Change) Order 2008
4
In the Northumberland (Structural Change) Order 2008 in article 3 (single tier local government in Northumberland) after paragraph (2) insert the following —
3
If the council for the county of Northumberland passes a resolution that the word “County” should be omitted from its name, its name shall be “The Northumberland Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council.
.
Amendment of the Shropshire (Structural Change) Order 2008
5
In the Shropshire (Structural Change) Order in article 3 (single tier local government in Shropshire) after paragraph (2) insert the following —
3
If the council for the county of Shropshire passes a resolution that the word “County” should be omitted from its name, its name shall be “The Shropshire Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council.
.
Amendment of the Wiltshire (Structural Change) Order 2008
6
In the Wiltshire (Structural Change) Order 2008 in article 3 (single tier local government in Wiltshire) after paragraph (2) insert the following —
3
If the council for the county of Wiltshire passes a resolution that the word “County” should be omitted from its name, its name shall be “The Wiltshire Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council.
.
Amendment of the County Durham (Structural Change) Order 2008
7
In the County Durham (Structural Change) Order 2008 in article 3 (single tier local government in Durham) after paragraph (2) insert the following —
3
If the council for the county of Durham passes a resolution that the word “County” should be omitted from its name, its name shall be “The Durham Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council.
.
PART 3 PROVISIONS RELATING TO CEREMONIAL MATTERS
Charter Trustees
8
1
There shall be established for each area listed in the second column of the table in the Schedule to this Order a body corporate to be known by the name specified in relation to that area in the first column of that table.
2
The charter trustees for a body listed in the first column of the table in the Schedule are the councillors for the time being for the electoral areas specified in the entry for that body in the second column of the Schedule as being comprised in that body’s area.
Market Rights in Chester
9
The rights to hold markets in the City of Chester arising from the various Charters granted by the Earldom of Chester and by the Crown , shall vest in Cheshire West and Chester Council.
Lord-Lieutenants
10
In the Lieutenancies Act 1997 , in Schedule 1 (counties and areas for the purposes of lieutenancies in Great Britain), in the second column of the table in paragraph 3 —
a
for “Bedfordshire” (against the entry “Bedfordshire” in the first column), substitute “Bedford, Central Bedfordshire”;
b
for “Cheshire” (against the entry “Cheshire” in the first column) substitute “Cheshire East, Cheshire West and Chester, and”.
Sheriffs
11
In the Sheriffs Act 1887 , in Schedule 2A (counties in England for the purposes of the Act), in the second column of the table —
a
for “Bedfordshire” (against the entry “Bedfordshire” in the first column), substitute “Bedford, Central Bedfordshire”; and
b
for “Cheshire” (against the entry “Cheshire” in the first column) substitute “Cheshire East, Cheshire West and Chester, and”.
PART 4 PROVISIONS RELATING TO PENSION FUNDS IN BEDFORDSHIRE AND CHESHIRE
Local Government pension funds: Bedfordshire
12
The local government pension fund maintained by Bedfordshire County Council by virtue of regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc) , together with all other property, rights and liabilities in respect of the fund, shall vest in Bedford Borough Council.
Local Government pension funds: Cheshire
13
The local government pension fund maintained by Cheshire County Council by virtue of regulations under section 7 of the Superannuation Act 1972, together with all other property, rights and liabilities in respect of the fund, shall vest in Cheshire West and Chester Council.
PART 5 AMENDMENT OF PORT HEALTH AUTHORITY ORDERS
Amendment of the Manchester Port Health Authority Order 1977
14
1
The Manchester Port Health Authority Order 1977 is amended as follows.
2
In article 1 (citation, commencement and interpretation), in paragraph (3), for “Ellesmere Port and Neston Borough Council, Vale Royal District Council” substitute “Cheshire West and Chester Council”.
3
In article 2 (port health authority), in paragraph (3) —
a
for “Ellesmere Port and Neston Borough Council” substitute “Cheshire West and Chester Council”;
b
for the number shown against the substituted “Cheshire West and Chester Council for “1” substitute “2”; and
c
omit “Vale Royal District Council” and the number shown against the name of that Council.
4
For article 8 (expenses), substitute —
Expenses
8
The riparian authorities shall contribute towards any expenses incurred or to be incurred by the joint board by virtue of the authority conferred upon them by this order in the following proportions —
Local authority Contribution
Manchester City Council Four- fourteenths Salford City Council Four- fourteenths Trafford Borough Council One- fourteenth Cheshire West and Chester Council Two- fourteenths Halton Borough Council One- fourteenth Warrington Borough Council One- fourteenth Wirral Borough Council One- fourteenth
Amendment of the Plymouth Port Health Authority Order 1977
15
In the Plymouth Port Health Authority Order 1977 in article 1 (citation, commencement and interpretation), for paragraph (3) substitute —
3
The riparian authorities specified for the purposes of this order are the City Council, the council for the county of Cornwall and South Hams District Council.
.
Amendment of the River Blyth Port Health Authority Order 1977
16
1
The River Blyth Port Health Authority Order 1977 is amended as follows.
2
In article 1 (citation, commencement and interpretation) —
a
in paragraph (2) —
i
after the definition of “the Act” insert —
“the Council” means the council for the county of Northumberland;
;
ii
omit the definition of “the joint board”; and
b
omit paragraph (3).
3
In article 2 (port health authority), in paragraph (1), for “a joint board” substitute —
the Council
.
4
Omit articles 3, 4 and 5 (provisions relating to the joint board);
5
In article 6 (jurisdiction) —
a
for “The joint board” substitute “The Council”; and
b
omit “of the riparian authorities”.
6
For the heading to article 7(functions assigned to the Joint Board), substitute —
Functions of the Port Health Authority
7
In article 7 —
a
in paragraph (1) —
i
for the words from the beginning to “local authority” substitute “The Council, as port health authority, shall have its functions, rights and liabilities”; and
ii
for “their jurisdiction”, substitute “its jurisdiction”; and
b
in paragraph (2), for “the functions, rights and liabilities assigned to the joint board” substitute “the Council’s functions, rights and liabilities”.
8
Omit articles 8 and 9 (expenses and audit).
Amendment of the Falmouth & Truro Port Health Authority Order 1988
17
1
The Falmouth & Truro Port Health Authority Order 1988 is amended as follows.
2
In article 1(citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “the Act”, insert —
“the Council” means the council for the county of Cornwall
; and
b
omit the definition of “the joint board”.
3
Omit article 2 (specified riparian authorities).
4
In article 3 (the port health authority) —
a
in paragraph (1), for “joint board” substitute “Council”; and
b
omit paragraphs (3) and (4).
5
Omit articles 4, 5 and 6 (provisions relating to the joint board).
6
In article 7 (jurisdiction), for “The joint board” substitute “The Council”.
7
For the heading to article 8 (functions assigned to the joint board), substitute —
Functions of the Port Health Authority.
.
8
In article 8 —
a
in paragraph (1) —
i
for the words from the beginning to “local authority” substitute “The Council, as port health authority, shall have its functions, rights and liabilities”; and
ii
for “their jurisdiction” substitute “its jurisdiction”; and
b
in paragraph (2), for “the functions, rights and liabilities assigned to the joint board” substitute “the Council’s functions, rights and liabilities”.
9
Omit articles 9 and 10 (expenses and audit).
The Fowey Port Health Authority Order 1979
18
1
The Fowey Port Health Authority Order 1979 is amended as follows.
2
In article 1 (citation, commencement and interpretation) —
a
in paragraph (2) —
i
after the definition of “the Act”, insert —
“the Council
means the council for the county of Cornwall”;
ii
omit the definition of “the joint board”; and
b
omit article 1(3).
3
In article 2 (port health authority) —
a
in paragraph (1), for “a joint board” substitute “the Council”;
b
omit paragraphs 2(2) and 2(3) (provisions relating to the joint board).
4
Omit articles 3, 4 and 5 (provisions relating to the joint board).
5
In article 6 (jurisdiction) —
a
in paragraph (1) —
i
for “the joint board” substitute “the Council”; and
ii
omit “of the specified riparian authorities”;
b
omit paragraph (2).
6
For the heading to article 7 (functions assigned to Joint Board), substitute —
Functions of the Port Health Authority
7
In article 7 —
a
in paragraph (1) —
i
for the words from the beginning to “local authority” substitute “The Council, as port health authority, shall have its functions, rights and liabilities”;
ii
for “their jurisdiction”, substitute “its jurisdiction”; and
b
in paragraph (2), for “the functions, rights and liabilities assigned to the joint board” substitute “the Council’s functions, rights and liabilities”.
8
Omit articles 9 and 10 (expenses and audit).
Amendment of the Penwith Port Health Authority Order 1980
19
In the Penwith Port Health Authority Order 1980 , in article 1(2), for “District Council of Penwith” substitute “council for the county of Cornwall”.
PART 6 AMENDMENT OF PROVISIONS RELATING TO CERTAIN CONSERVATION BOARDS AND NATIONAL PARK AUTHORITIES
Amendment of the Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004
20
1
The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 is amended as follows.
2
In article 4 (specified number of Board members), in paragraph (1), for “15” substitute “13”.
3
In Schedule 1 (specified local authorities) —
a
omit “Bedfordshire County Council”;
b
after Aylesbury Vale District Council insert “the Central Bedfordshire Council ”; and
c
omit “Mid Bedfordshire District Council” and “South Bedfordshire District Council”.
Amendment of the Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004
21
1
The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 is amended as follows.
2
In article 4 (specified number of Board members) —
a
in paragraph (1), for “17” substitute “15”;
b
in paragraph (2), for “15” substitute “14”.
3
In Schedule 1 (specified local authorities) —
a
omit “North Wiltshire District Council” and “West Wiltshire District Council”.
Amendment of the New Forest National Park Authority (Establishment) Order 2005
22
The New Forest National Park Authority (Establishment) Order 2005 is amended, in article 5 (appointment of local authority members of the authority) —
a
by the substitution for paragraph (b) of —
b
two members shall be appointed by the council for the county of Wiltshire;
;
b
in sub-paragraph (c), at the end insert “and”; and
c
omit sub-paragraph (d).
Amendment of the National Park Authorities Order 1996
23
The National Park Authorities (England) Order 1996 is amended, in Schedule 1 (membership of National Park Authorities), in Part 2 (appointment of local authority members) —
a
in the entries in the second column corresponding to that in the first column “Peak District National Park Authority” for “Cheshire County Council” substitute “Cheshire East Council”;
b
omit the entries in the second and third columns relating to Macclesfield Borough Council; and
c
in the entry in the third column corresponding to that in the second column “High Peak Borough Council”, for “1” substitute “2”.
PART 7 MISCELLANEOUS AMENDMENTS
Amendment of the Agricultural Wages Act 1948
24
In the Agricultural Wages Act 1948 , in Schedule 2 (combinations of counties for which agricultural wages committees are to be initially established), in the table of counties in England —
a
for “Bedfordshire” substitute “Bedford, Central Bedfordshire”;
b
for “Cheshire” substitute “Cheshire East, Cheshire West and Chester”.
Amendment of the Regional Development Agencies Act 1998
25
In the Regional Development Agencies Act 1998 in Schedule 1 (regions), in the second column of the table —
a
for “Bedfordshire” (against the entry “Eastern” in the first column) substitute “Bedford, Central Bedfordshire”;
b
for “Cheshire” (against the entry “North West” in the first column) substitute “Cheshire East, Cheshire West and Chester”.
Amendment of the European Parliamentary Elections Act 2002
26
In the European Parliamentary Elections Act 2002 in Schedule 1 (electoral regions in England) in the second column of the Table —
a
for “County of Bedfordshire” (against the entry “Eastern” in the first column) substitute —
County of Bedford
County of Central Bedfordshire
; and
b
for “County of Cheshire” (against the entry “North West” in the first column) substitute —
County of Cheshire East
County of Cheshire West and Chester
.
Amendment of the Scotland Act 1998 (River Tweed) Order 2006
27
1
In the Scotland Act 1998 (River Tweed) Order 2006 (‘The 2006 Order ’) , to the extent that the 2006 Order applies to England, in Schedule 1 (representative commissioners) for ‘Berwick-upon-Tweed District Council’ substitute “The council for the county of Northumberland”.
2
Commissioners appointed by Berwick-Upon-Tweed District Council shall continue to hold office until their period of appointment comes to an end, and shall be treated for the purposes of Schedule 1 to the 2006 Order as if they were appointed by the council for the county of Northumberland.
Coroners Act 1988: designation of relevant council
28
The Central Bedfordshire Council is the relevant council within the meaning of section 1(1A) of the Coroners Act 1988 for the Bedfordshire and Luton Coroner’s District .
Amendment of the Bedfordshire (Coroners) Order 1997
29
In article 2 of the Bedfordshire (Coroners) Order 1997 , omit paragraph (2).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5.45 p.m. 30th March 2009