text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2006 and shall come into force on 21st April 2006.
Amendment of Air Navigation (Dangerous Goods) Regulations 2002
2
The Air Navigation (Dangerous Goods) Regulations 2002 shall be amended by substituting for the definition of “Technical Instructions” in Regulation 3(1) —
“Technical Instructions” means the 2005–2006 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by the Addendum to those Instructions dated 18 th March 2005, by Addendum No. 2 dated 30 th June 2005 and by the Addendum and Corrigendum dated 18 th August 2005, which were approved and published by decision of the Council of the International Civil Aviation Organisation;
.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under-Secretary of State
Department for Transport
Date 10th April 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Quiet Lanes and Home Zones (England) Regulations 2006 and shall come into force on 21st August 2006.
2
These Regulations apply to England.
Interpretation
2
In these Regulations —
“ the Act ” means the Transport Act 2000;
“authority”, in relation to a designated road, means the local traffic authority making, or proposing to make, the designation, or a use order or speed order, in relation to the designated road, under the Act;
“designated road” means a road designated by a local traffic authority as a quiet lane or a home zone under section 268(1) of the Act and “designate” and “designation” shall be construed accordingly;
“fire and rescue authority” shall be construed in accordance with the Fire and Rescue Services Act 2004 ;
“local planning authority” has the meaning given by section 1(1), (2) and (3) of the Town and Country Planning Act 1990 ;
“ NHS trust” has the meaning given by section 5(1) of the National Health Service and Community Care Act 1990 ;
“NHS foundation trust” has the same meaning as in section 1 of the Health and Social Care (Community Health and Standards) Act 2003 ;
“notice of proposals” means, in relation to a designation, the notice required to be published under regulation 5(a) and, in relation to a use order or a speed order, the notice required to be published under regulation 11(1)(a);
“Passenger Transport Authority” means a metropolitan county passenger transport authority;
“public passenger transport services” has the meaning given by section 63(10)(a) of the Transport Act 1985 ;
“relevant map”, in relation to a designation or order, means the map required by regulation 17 to be prepared and kept in connection with that designation or order; and
“writing” includes communication by electronic means.
Development of proposals
3
1
Before developing a proposal to designate a road, an authority shall give occupiers of premises in the area which the authority considers would be affected by the designation (“the relevant area”), and such other persons as the authority considers appropriate, an opportunity to make representations.
2
The authority shall hold at least one public meeting to discuss designation in premises in, or within a reasonable distance of, the relevant area.
3
The authority shall give notice of the opportunity to make representations and of each such meeting by —
a
publishing, in a newspaper circulating in the relevant area, a notice —
i
describing the relevant area;
ii
inviting representations on the making of a designation; and
iii
stating the time and place of the meeting;
b
sending a copy of that notice to all occupiers of premises within that area; and
c
taking such other steps as they consider appropriate.
4
In developing a proposal to designate a road in that area, the authority shall have regard to representations received by them within 21 days of the publication of the notice under paragraph (3) or of the closure of the last meeting held in accordance with paragraph (2), whichever occurs later.
Consultation on designation
4
Before designating a road in a case specified in column (2) of an item in the table below, the authority shall consult the persons specified in column (3) of the item.
Table
(1)Item No (2) Case (3) Consultee
1. Where the designation of the road appears to the authority to be likely to affect traffic on a road for which another authority is the highway authority The other authority 2. Where the designation of the road appears to the authority to be likely to affect traffic on a road for which another authority is the traffic authority The other authority 3. Where the designation of the road relates to, or appears to the authority to be likely to affect traffic on, a road on which a public passenger transport service is provided The operator of the service and the appropriate Passenger Transport Authority (if any) 4. Where the road is situated in Greater London The Greater London Authority and Transport for London 5. All cases
The local planning authority for the area in which the road is situated;
The parish council (if any) for the area in which the road is situated;
The chief officer of the appropriate NHS Trust, or NHS Foundation Trust, for the area in which the road is situated;
The fire and rescue authority for the area in which the road is situated;
The chief officer of police of the police area in which the road is situated;
Any occupier of premises which adjoin the road or to which the principal means of access is from the road;
The Road Haulage Association;
The head teacher of any school on, adjoining or adjacent to the road;
The Freight Transport Association;
Such other organisations (if any) representing persons or individuals likely to be affected by any provision in the designation as the authority thinks appropriate.
Notice of proposals to designate a road
5
Before designating a road the authority shall —
a
publish at least once a notice of proposals, containing the particulars specified in Part 1 of Schedule 1, in a local newspaper circulating in the area in which the road to which the designation relates is situated;
b
send a copy of the notice of proposals so published to each person that the authority is required to consult under regulation 4;
c
display copies of the notice of proposals in accordance with Part 3 of Schedule 1;
d
take such other steps as they consider appropriate for ensuring that adequate publicity about the proposed designation is given to persons likely to be affected by its provisions; and
e
make available for inspection in accordance with Schedule 2 the documents mentioned in that Schedule.
Objections to designations
6
1
Any person may object to the designation of a road by the date specified in the notice of proposals or, if later, the end of the period of 21 days beginning with the date on which the authority has complied with all the requirements of regulation 5.
2
An objection under paragraph (1) shall —
a
be in writing;
b
state the grounds on which it is made; and
c
be sent to the address specified in the notice of proposals.
Consideration of objections to designations
7
Before designating a road the authority shall consider all the objections duly made under regulation 6 and not withdrawn.
Use Orders
8
1
An authority who have designated a road as a quiet lane or a home zone may make a use order permitting the use of that road, or any part of the width of that road, for any of the purposes described in paragraph (2).
2
The purposes are —
a
communal;
b
social;
c
cultural;
d
spiritual;
e
educational;
f
entertainment;
g
recreational.
3
A use order may permit a use for a specified purpose permanently or temporarily at such times, on such days and during such periods as may be specified in the order.
Speed Orders
9
1
An authority who have designated a road as a quiet lane or a home zone may make a speed order, which complies with the requirements in the following paragraph, as respects the designated road.
2
The requirements are that the speed order shall —
a
state that it is made with a view to reducing the speed of —
i
motor vehicles;
ii
cycles; or
iii
both motor vehicles and cycles;
b
describe in general terms the measures which the local traffic authority is authorised to take with a view to reducing that speed below the speed specified in the order; and
c
specify the speed referred to in paragraph (b) above.
Consultation on use orders and speed orders
10
Before making a use order or a speed order in relation to a designated road in a case specified in column (2) of an item in the table below, the authority shall consult the persons specified in column (3) of the item.
Table
(1)Item No (2) Case (3) Consultee
1. Where the use order or speed order appears to the authority to be likely to affect traffic on a road for which another authority is the highway authority The other authority 2. Where the use order or speed order appears to the authority to be likely to affect traffic on a road for which another authority is the traffic authority The other authority 3. Where the use order or speed order relates to, or appears to the authority to be likely to affect traffic on, a road on which a public passenger transport service is provided The operator of the service and the appropriate Passenger Transport Authority (if any) 4. Where the road is situated in Greater London The Greater London Authority and Transport for London 5. All cases
The local planning authority for the area in which the road is situated
The parish council (if any) for the area in which the road is situated
The chief officer of the appropriate NHS Trust, or NHS Foundation Trust, for the area in which the road is situated
The fire and rescue authority for the area in which the road is situated
The chief officer of police of the police area in which the road is situated
Any occupier of premises which adjoin the road or to which the principal means of access is from the road
The Road Haulage Association
The head teacher of any school on, adjoining or adjacent to the road
The Freight Transport Association
Such other organisations (if any) representing persons or individuals likely to be affected by the use order or the speed order as the authority thinks appropriate
Notice of proposal to make use or speed orders
11
1
Before making a use order or a speed order the authority shall —
a
publish at least once a notice of proposals to make the use order or the speed order containing the particulars specified in Part 2 of Schedule 1 in a local newspaper circulating in the area in which the road to which the order relates is situated;
b
send a copy of the notice of proposals so published to each person whom the authority is required to consult under regulation 10;
c
display copies of the notice of proposals in accordance with Part 3 of Schedule 1;
d
take such other steps as they may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions;
e
make available for inspection in accordance with Schedule 2 the documents mentioned in that Schedule.
2
In the case of a road which has not been designated, the authority shall not publish the notice required by paragraph (1) before publishing the notice required by regulation 5.
Objections to use and speed orders
12
1
Any person may object to the making of a use order or a speed order by the date specified in the relevant notice of proposals or, if later, the end of the period of 21 days beginning with the date on which the authority has complied with all the requirements of regulation 11.
2
An objection under paragraph (1) shall —
a
be made in writing;
b
state the grounds on which it is made; and
c
be sent to the address specified in the notice of proposals.
Consideration of objections to speed orders
13
Before making a use order or a speed order the authority shall consider all objections duly made under regulation 12 and not withdrawn.
Modifications of designations and of use orders and speed orders
14
1
Subject to the provisions of this regulation, an authority may, notwithstanding that the requirements of regulation 5 or 11 have been completed, modify a proposed designation or use order or speed order, whether in consequence of any objections or otherwise, before it is made.
2
Before a proposed designation or use order or speed order is made with modifications which appear to the authority to make a substantial change in it, the authority shall take the steps required by paragraph (3).
3
The steps are such steps as appear to the authority appropriate for —
a
informing persons likely to be affected by the modifications;
b
giving those persons an opportunity of making objections; and
c
ensuring that any such objections are duly considered by the authority.
4
In this regulation “modifications” includes additions, exceptions or any other modification of any description and “modify” shall be construed accordingly.
Notice of designation and of making use orders and speed orders
15
1
When the authority have made a designation, a use order or a speed order they shall —
a
forthwith give notice in writing of the making of the designation or use order or speed order to the appropriate chief officer of police, the chief officer of the appropriate NHS Trust or NHS Foundation Trust and the appropriate fire and rescue authority;
b
notify in writing each person, who has objected to the designation or use order or speed order in accordance with regulation 6 or regulation 12 and has not withdrawn the objection, of the authority’s reasons for making the designation, use order or speed order in spite of the objection;
c
within 14 days of the making of the designation or the use order or the speed order publish once in a local newspaper circulating in the area, in which the road to which the designation or use order or speed order relates is situated, a notice of the making of the order;
d
comply with the relevant requirements of Schedule 2 as to the availability of documents for inspection.
2
A notice given under paragraph (1) shall state the date on which the designation or order is to come into force.
3
If, after publishing a notice of proposals in accordance with regulation 5 or regulation 11, the authority decides not to designate a road or to make a use order or a speed order, it shall within 14 days of that decision publish once in a local newspaper circulating in the area in which the road, to which the designation or use order or speed order would have related, a notice of that decision.
Varying and revoking designations
16
The procedure specified in regulations 4 to 15 shall apply to the variation and revocation of designations and of use orders and speed orders as they apply to their making.
Map
17
The authority shall prepare and keep in connection with the designation, use order or speed order a map to which the provisions of Schedule 3 apply.
Traffic Signs
18
Where a road has been designated, the authority shall take such steps as are necessary to secure
a
the placing on or near the road of appropriate traffic signs as prescribed in the Traffic Signs Regulations and General Directions 2002 , or as specially authorised by the Secretary of State, in such positions (if such positions are not prescribed) as the authority may consider requisite for securing that adequate information as to the designation is made available to persons using the road;
b
the maintenance of such signs for so long as the designation remains in force; and
c
in a case where a designation is varied or revoked, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
26th July 2006


text:
Citation
1
This Order may be cited as the Tax Credits Act 2002 (Commencement and Transitional Provisions) Order 2006.
The Tax Credits Act 2002 (Commencement No 4, Transitional Provisions and Savings) Order 2003
2
1
The Tax Credits Act 2002 (Commencement No 4, Transitional Provisions and Savings) Order 2003 shall be amended as follows.
2
In article 2(5), for “31st December 2006” substitute “31st December 2008”.
The Tax Credits Act 2002 (Commencement No 4, Transitional Provisions and Savings) (Amendment) Order 2005
3
The Tax Credits Act 2002 (Commencement No 4, Transitional Provisions and Savings) (Amendment) Order 2005 is revoked.
The Tax Credits Act 2002 (Transitional Provisions) Order 2005
4
1
The Tax Credits Act 2002 (Transitional Provisions) Order 2005 shall be amended as follows.
2
In article 7, in paragraph (a), for “31st December 2006” substitute “31st December 2008”.
The Tax Credits Act 2002 (Transitional Provisions) (No 2) Order 2005
5
The Tax Credits Act 2002 (Transitional Provisions) (No 2) Order 2005 is revoked.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 2006


text:
PART 1
GENERAL
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Support) (European Institutions) Regulations 2006 and shall come into force on 30th April 2006.
2
These Regulations apply only in relation to England .
3
In these Regulations —
“ 1998 Act ” means the Teaching and Higher Education Act 1998;
“ 2000 Regulations ” means the Education (Student Support) (European Institutions) Regulations 2000 ;
“academic authority” means in, relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“ College ” means the College of Europe;
“current academic year” means the academic year beginning on or after 1st September 2005 but on or before 31st August 2006;
“current course” means the designated course in respect of a person is applying for support;
“current Directive student” means a Directive student who began the current course before 1st September 2006;
“current student” means a student who —
began the current course before 1st September 2006;
had been determined to be eligible for support in connection with his attendance on that course before 30th April 2006 pursuant to regulations made by the Secretary of State under the 1998 Act; and
was ordinarily resident in England immediately before the moving date;
“Directive student” means a person who —
falls within paragraph 6 of Part 2 of Schedule 1 by virtue of being —
an EEA self-employed person;
a Swiss self-employed person;
a family member of an EEA self-employed person or a Swiss self-employed person;
a dependent direct relative of in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker;
falls within paragraph 3 of Part 2 of Schedule 1;
falls within paragraph 9 of Part 2 of Schedule 1 by virtue of being a family member of an EC national;
falls within paragraph 8 of Part 2 of Schedule 1;
“eligible student” has the meaning given by regulation 11;
“ European Community ” means the territory comprised by the Member States of the European Community as constituted from time to time;
“ European institution ” means —
the Bologna Center;
the College of Europe;
the Institute ;
“grants for living and other costs” means the grants payable under regulations 23 or 25;
“Institute” means the European University Institute;
“moving date” means the date on which the applicant moves to Belgium, Italy or Poland, as the case may be, for the purpose of —
in any case where he is required by the relevant European institution to attend an intensive course of language tuition immediately before the designated course, attending that course of language tuition; or
in any other case, attending the designated course;
“new academic year” means an academic year beginning on or after 1st September 2006;
“new student” except in Schedule 2 means a student who —
begins the current course on or after 1st September 2006 but on or before 31st August 2007;
has been determined to be eligible for support in connection with his attendance on that course pursuant to the 2000 Regulations before 30th April 2006; and
is ordinarily resident in England;
“next academic year” means the academic year beginning on or after 1st September 2006 but on or before 31st August 2007;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“student loans legislation” means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;
“supplementary grants” means the grants payable under Chapter 4 of Part 4.
Revocation, saving and transitional provisions
4
The 2000 Regulations, the Education (Student Support) (European Institutions) (Amendment) Regulations 2001 and the Education (Student Support) (European Institutions) (Amendment) ( No. 2) Regulations 2001 are revoked in relation to England.
5
The 2000 Regulations shall continue to apply in relation to England in respect of an academic year beginning before 1st September 2005.
6
Subject to regulations 7 to 10, these Regulations shall only apply in relation to the provision of support in connection with a new academic year.
7
1
Any payment of support that has been or was to be made under the 2000 Regulations to a current student in respect of the current academic year is to be treated as a payment made or to be made under these Regulations.
2
Subject to paragraph (3), the Secretary of State may reassess, in accordance with these Regulations, the amount of support payable to a current student in respect of the current academic year.
3
Where the Secretary of State reassesses the amount of support payable to a current student in accordance with paragraph (2) and the amount of support payable to the student decreases, the amount of support payable to the student is the amount determined to be payable to him under the 2000 Regulations.
4
A current student may apply under these Regulations for support in connection with the current academic year if he had not applied for support under the 2000 Regulations before 30th April 2006.
8
1
Where before 30th April 2006 —
a
a current student or a prospective student applied for support under the 2000 Regulations in respect of the next academic year; and
b
the Secretary of State had not determined, if relevant, whether the student was eligible for support in connection with his attendance on the current course or the amount of support payable, if any, to that student,
the application is to be treated as if it had been made under and in accordance with these Regulations.
2
Any payment of support made or to be made under the 2000 Regulations to a current student or a new student in respect of the next academic year before 30th April 2006 is to be treated as a payment made or to be made under these Regulations.
3
Subject to paragraph (4), the Secretary of State may reassess, in accordance with these Regulations, the amount of support determined before 30th April 2006 to be payable to a current student or a new student in respect of the next academic year.
4
Where the Secretary of State reassesses the amount of support payable to a current student in accordance with paragraph (2) and the amount of support payable to the student decreases, the amount of support payable to the student is the amount determined to be payable to him under the 2000 Regulations.
5
For the purposes of paragraph (1), “prospective student” means a person —
a
who starts the current course in the next academic year; and
b
applied for support under the 2000 Regulations in respect of that course before 30th April 2006; but
c
in respect of whom no decision as to his eligibility for support in connection with the current course had been made by the Secretary of State before 30th April 2006.
9
1
If the Secretary of State had before 30th April 2006 determined under the 2000 Regulations that a person starting a course in the current academic year or in the next academic year was not an eligible student in connection with his attendance on a course designated for the purpose of regulation 4 of the 2000 Regulations, she may —
a
treat that person’s application as an application for support made under and in accordance with these Regulations; and
b
determine, in accordance with these Regulations, whether the applicant is an eligible student and if so, the amount of support (if any) payable to him in respect of —
i
in the case of a person who started his course in the current academic year, the current academic year and the next academic year; and
ii
in the case of a person who starts his course in the next academic year, that academic year.
10
A current Directive student may apply under these Regulations for support or an additional amount of support in connection with the current academic year.
PART 2
ELIGIBILITY
Eligible students
11
1
An eligible student qualifies for financial support in connection with his attendance on a designated course subject to and in accordance with these Regulations.
2
Subject to paragraph (3), a person is an eligible student in connection with a designated course if the Secretary of State has determined that —
a
he falls within one of the categories in Part 2 of Schedule 1; and
b
by reason of merit he should be eligible for support in connection with his attendance at that course.
3
A person is not an eligible student if —
a
subject to paragraph (4), he has attended a qualifying course;
b
he is in breach of an obligation to repay any loan;
c
he has reached the age of 18 and not ratified any agreement for a loan made with him when he was under the age of 18; or
d
he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.
4
Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay him support in connection with the current course.
5
For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.
6
In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made —
a
before 25th September 1991; and
b
with the concurrence of the borrower’s curator or at a time when he had no curator.
7
An eligible student in respect of whom the first academic year of the course beings on or after 1st September 2000 shall not, at any time, qualify for support for more than one designated course.
8
A person is also an eligible student for the purposes of these Regulations if —
a
he is —
i
a current student ; or
ii
a new student; and
b
the Secretary of State had not determined before 30th April 2006 that he should no longer be eligible for support in connection with the current course.
9
For the purposes of this regulation, “qualifying course” means a course —
a
which is —
i
a postgraduate or comparable course; and
ii
of at least two academic years' duration; and
b
in respect of which the student received a statutory award [other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with his attendance on the course by reason of a disability to which he is or was subject] for at least two academic years of the course.
Designated courses
12
A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 11 if it is —
a
a postgraduate or comparable course;
b
a full-time course;
c
of at least one academic year’s duration; and
d
provided by a European institution.
Period of eligibility
13
1
Subject to the following paragraphs, a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the relevant European institution would ordinarily expect the student to complete the course (“period of eligibility”).
2
The student’s period of eligibility terminates when the student —
a
withdraws from his designated course in circumstances in which the Secretary of State will not transfer his status as an eligible student in accordance with regulation 14; or
b
abandons or is expelled from his designated course.
3
The Secretary of State may terminate the student’s period of eligibility if she is satisfied that the student has by his conduct shown himself unfitted to receive support.
4
Where the student’s period of eligibility will terminate under paragraph (1) before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as she determines.
5
If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following —
a
terminate the student’s period of eligibility;
b
determine that the student no longer qualifies for any particular type of support or particular amount of support;
c
treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 42.
Transfer of eligibility
14
1
Where an eligible student transfers to another designated course at the same European institution, the Secretary of State must transfer the student’s status as an eligible student where —
a
she receives a request from the eligible student to do so;
b
she is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and
c
the student’s status as an eligible student has not terminated.
2
An eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which he transfers.
3
An eligible student who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the academic year of the course from which he is transferring but before he completes that year may not, in connection with the academic year of the course to which he transfers, apply for another grant of a kind that he has already applied for under these Regulations in connection with the academic year of the course from which he is transferring.
PART 3
APPLYING FOR SUPPORT AND PROVISION OF INFORMATION
Applications for financial support
15
1
A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.
2
The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible student, whether he qualifies for support and the amount of support payable, if any.
3
The Secretary of State must notify the applicant of whether he qualifies for support and, if he does qualify, the amount of support payable in respect the academic year, if any.
Time limits
16
1
The general rule is that the application must reach the Secretary of State by 31st August 2006.
2
The general rule in paragraph (1) does not apply where —
a
the application is made by a current student as provided for in regulation 7(4), in which case the application must reach the Secretary of State no later than 30th January 2007;
b
the application is made by a current Directive student in respect of the current academic year, in which case the application must reach the Secretary of State no later than 30th January 2007;
c
one of the events described in paragraph (3) occurs, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurs;
d
the applicant is applying for the grant payable under regulation 27, in which case the application must reach the Secretary of State as soon as reasonably practicable; or
e
the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than the date she specifies.
3
The events referred to in paragraph (2)(c) are —
a
the applicant’s spouse, civil partner or parent —
i
is recognised as a refugee; or
ii
becomes a person with leave to enter or remain as described in paragraph 1 of Part 1 of Schedule 1;
b
a state accedes to the European Community and the applicant is a national of that state or a family member of a person who is a national of that state;
c
the applicant becomes a family member of an EC national;
d
the applicant becomes a person described in paragraph 6(1)(a)(iii) or (vi) of Part 2 of Schedule 1; or
e
the applicant becomes the child of a Swiss national.
Information
17
Every applicant and eligible student must, as soon as reasonably practicable after he is requested to do so, provide the Secretary of State with such information as the Secretary of State considers she requires for the purposes of these Regulations.
18
Every applicant and eligible student must immediately inform the Secretary of State and provide her with particulars if —
a
he withdraws from, abandons or is expelled from his course;
b
he transfers to another course at the same European Institution;
c
he ceases to attend his course and does not intend to or is not permitted to continue it for the remainder of the academic year;
d
he is absent from his course for more than 60 days due to illness or for any period for any other reason;
e
the month for the start or the completion of the course changes;
f
his home or term-time address changes.
19
Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement.
PART 4
FINANCIAL SUPPORT
General
20
1
Subject to paragraph (2), the general rule is that —
a
an eligible student who is attending a designated course provided by the Bologna Center (“Bologna Center student”) qualifies for support in connection with an academic year of that course in accordance with the provisions of Chapter 1;
b
an eligible student who is attending a designated course provided by the College of Europe (“College of Europe student”) qualifies in connection with an academic year of that course for —
i
a grant for fees and grants for living and other costs in accordance with Chapter 2; and
ii
supplementary grants in accordance with Chapter 4; and
c
an eligible student who is attending a designated course provided by the Institute (“Institute student”) qualifies in connection with an academic year for —
i
grants for living and other in accordance with Chapter 3; and
ii
supplementary grants in accordance with Chapter 4.
2
If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Secretary of State may determine that —
a
the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or
b
that student does not qualify for any support in respect of the year of repeat study.
3
In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Secretary of State shall have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year.
4
For the purposes of this regulation, “year of repeat study” means an academic year which the student has previously attended but is required by the relevant European Institution to attend again.
CHAPTER 1
GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS
Grant for fees
21
1
A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the course during that academic year.
3
Despite paragraph (2), the grant for fees payable under this regulation shall not exceed 22,700 euro.
CHAPTER 2
GRANTS FOR COLLEGE OF EUROPE STUDENTS
Grant for fees
22
1
A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the current course during that academic year.
3
Despite paragraph (2), the amount of grant for fees shall not exceed —
a
in respect of the current academic year, 9,450 euro; and
b
in respect of any other academic year, 10,250 euro.
Grants for living and other costs
23
1
Subject to paragraph (2), a College of Europe Student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7).
2
A College of Europe student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of ( A + B) where —
a
in respect of the current academic year —
i
A is £2,233.22; and
ii
B is £45.58 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days; and
b
in respect of any other academic year —
i
A is £2,290; and
ii
B is £47 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days.
4
A College of Europe student qualifies for a grant for board and lodging of 6,000 euro.
5
A College of Europe student qualifies for a grant for travel home of an amount equal to ( A – B) where —
A is the amount determined by the Secretary of State to be the cost of three return journeys from the student’s home address to the College; and
B is —
in respect of the current academic year, £93; and
in respect of any other academic year, £95.
6
A College of Europe student qualifies for a grant for college travel of such amount as the Secretary of State determines to be the reasonable cost of travel from the student’s residence whilst attending the College to the College.
7
A College of Europe student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College during the academic year in respect of which support is being applied for.
24
A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 23.
CHAPTER 3
GRANTS FOR INSTITUTE STUDENTS
Grants for living and other costs.
25
1
Subject to paragraphs (2) and (3), an Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (4) to (8).
2
An Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
An Institute student does not qualify for the grant payable under paragraph (8) if the ordinary duration of the designated course in connection with which he has been determined to be an eligible student is one academic year or less.
4
An Institute student qualifies for a grant for living costs —
a
in respect of the current academic year, of 12,760 euro; and
b
in any other case, of 12,840 euro.
5
An Institute student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the Institute;
6
An Institute student qualifies for a grant for college travel of the amount determined by the Secretary of State to be the reasonable cost of travel from the student’s residence whilst attending the Institute to the Institute.
7
An Institute student qualifies for a grant for research travel of the amount determined by the Secretary of State to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the Institute during the academic year in respect of which support is being applied for.
8
An Institute student qualifies for a grant for medical insurance of the amount determined by the Secretary of State to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year.
26
A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (7) of regulation 25.
CHAPTER 4
SUPPLEMENTARY GRANTS
Disabled students' allowance – qualifying conditions
27
1
Subject to paragraph (2), a College of Europe student or an Institute student qualifies for a disabled students' allowance to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur by reason of a disability to which he is subject in respect of his attendance at a designated course.
2
A College of Europe student or an Institute student does not qualify for a disabled students' allowance if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
Amount of disabled students' allowance
28
1
Subject to paragraph (2), the amount of the disabled student’s allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances.
2
The amount of disabled students' allowance must not exceed —
a
in respect of the current academic year —
i
£11,840 in respect of the academic year for expenditure on a non-medical personal helper;
ii
£4,680 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
iii
any additional expenditure incurred —
aa
in the country where the relevant institution is located for the purpose of attending the institution; and
bb
within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course;
iv
£1,565 in respect of the academic year for any other expenditure including expenditure incurred for the purposes referred to in paragraph (i) or (ii) which exceeds the specified maxima;
b
in respect of any other academic year —
i
£12,135 in respect of an academic year for expenditure on a non-medical personal helper;
ii
£4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
iii
any additional expenditure incurred —
aa
in the country where the relevant institution is located for the purpose of attending the institution; and
bb
within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course;
iv
£1,605 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to paragraph (i) or (ii) which exceeds the specified maxima.
Grant for dependants
29
1
The grant for dependants consists of the following elements —
a
adult dependants' grant; and
b
parents learning allowance.
2
The qualifying conditions for each element and the amounts payable are set out in regulations 30 to 33.
Adult dependants' grant
30
1
Subject to paragraph (3), a College of Europe Student or an Institute student qualifies for an adult dependants' grant in connection with his attendance on a designated course in accordance with this regulation.
2
The adult dependants' grant is available in respect of —
a
the student’s partner; or
b
an adult dependant of the student whose net income does not exceed —
i
in respect of the current academic year, £3,345;
ii
in respect of any other academic year, £3,530.
3
A College of Europe student or an Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
31
1
The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 33, the basic amount being —
a
in respect of the current academic year, £2,395; and
b
in respect of any other academic year —
i
£2,455; or
ii
where the person in respect of whom the student is applying for adult dependants' grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,455 as the Secretary of State considers reasonable in the circumstances.
Parents' learning allowance
32
1
Subject to paragraph (2), a College of Europe student or an Institute student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependent children.
2
A College of Europe student or an Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 33, the basic amount being —
a
in respect of the current academic year, £1,365;
b
in respect of any other academic year, £1,400.
Calculations
33
1
Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or Institute student qualifies under regulations 29 to 32 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 29 to 32, an amount equal to ( A – B) as follows and in the following order —
a
to reduce the basic amount of the adult dependants' grant where the student qualifies for that element under regulation 30; and
b
to reduce the basis amount of parents' learning allowance where the student qualifies for that element under regulation 32.
2
Subject to paragraphs (4) and (5), where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the student qualifies is payable.
3
Where ( A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
4
The amount of adult dependants' grant calculated under paragraph (1) is reduced by one half where —
a
the student’s partner —
i
is an eligible student; or
ii
holds a statutory award; and
b
account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.
5
Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.
6
For the purposes of this regulation —
a
in respect of the current academic year —
A is the aggregate of the net income of each of the eligible student’s dependants; and
B is £1,050 where the student has no dependent children;
£3,145 where the student is not a lone parent and has one dependent child;
£4,195 where the student is not a lone parent and has more than one dependent child;
£4,195 where the student is a lone parent and has one dependent child;
£5,250 where the student is a lone parent and has more than one dependent child;
b
in respect of any other academic year —
A is the aggregate of the net income of each of the eligible student’s dependants; and
B is £1,075 where the student has no dependent children;
£3,225 where the student is not a lone parent and has one dependent child;
£4,300 where the student is not a lone parent and has more than one dependent child;
£4,300 where the student is a lone parent and has one dependent child;
£5,380 where the student is a lone parent and has more than one dependent child.
34
A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 30 to 33.
Interpretation
35
1
For the purposes of regulations 30 to 33 —
a
“adult dependant” means, in relation to a student, an adult person dependent on the student other than his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner;
b
“child” in relation to a student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him;
c
“dependant” means, in relation to a student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
d
“dependent” means wholly or mainly financially dependent;
e
“lone parent” means a student who does not have a partner and who has a dependent child or dependent children;
f
“net income” has the meaning given in paragraph (2);
g
subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following —
i
the spouse of a student;
ii
the civil partner of a student;
iii
a person ordinarily living with a student as if he were his spouse where that student —
aa
was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and
bb
started the designated course on or after 1st September 2000;
iv
a person ordinarily living with a student as if he were his civil partner where that student —
aa
was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and
bb
started the designated course on or after 1st September 2005;
h
unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if —
i
in the opinion of the Secretary of State, that person and the student are separated; or
ii
the person is ordinarily living outside the United Kingdom and is not maintained by the student;
i
for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the student with whom is living was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed;
j
for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom he is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed.
2
Subject to paragraph (3), a dependant’s net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding —
a
any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;
b
child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;
c
any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;
d
any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;
e
in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in purpose of section 23 of the Children Act 1989 ;
f
any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and
g
any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002.
3
Where a student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by —
a
an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or
b
such lesser amount, if any, as the Secretary of State considers appropriate if, in her opinion, a lesser obligation could reasonably have been incurred.
4
For the purposes of paragraph (2), where —
a
the dependant is a dependent child;
b
the relevant academic year is a new academic year; and
c
payments are made to the student towards the child’s maintenance;
those payments are to be treated as the child’s income.
PART 5
CONTRIBUTIONS
Student’s contribution
36
1
A College of Europe student or Institute student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2.
2
For the purposes of the exercise of the Secretary of State’s functions under these Regulations she may require a student to provide from time to time such information as she requires in order to assess the student’s contribution.
Application of the student’s contribution
37
1
The contribution calculated in accordance with regulation 36 shall be applied —
a
in the case of a College of Europe student in accordance with regulation 38; and
b
in the case of an Institute student in accordance with regulation 39.
38
1
In the case of a College of Europe student, the Secretary of State must apply the student’s contribution —
a
first, to reduce the amount of grant for living costs calculated under regulation 23(3);
b
second —
i
in the case of a student who is eligible for the grant for dependants, to reduce —
aa
first, the amount of grant for dependants calculated in accordance with regulation 33; and
bb
second, the amount of grant for board and lodging calculated in accordance with regulation 23(4);
ii
in any other case, the amount of grant for board and lodging calculated under regulation 23(4);
c
third, to reduce the amount of grant for travel home calculated in accordance with regulation 23(5);
d
fourth, to reduce the amount of grant for college travel calculated in accordance with regulation 23(6);
e
fifth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 23(7).
2
Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(e) exceeds the amount of that grant calculated under regulation 23(7), the amount of that grant payable to the student is nil.
39
1
In the case of an Institute student, the Secretary of State must apply the student’s contribution —
a
first, to reduce the amount of grant for living costs calculated in accordance with regulation 25(4);
b
second —
i
in the case of a student who is eligible for the grant for dependants, to reduce —
aa
first, the amount of grant for dependants calculated in accordance with regulation 33;
bb
second, the amount of grant for travel home calculated in accordance with regulation 25(5); and
cc
third, the amount of grant for college travel calculated in accordance with regulation 25(6);
ii
in any other case, to reduce the amount of grant for college travel calculated in accordance with regulation 25(6);
c
third, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 25(7).
2
Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(c) exceeds the amount of that grant calculated under regulation 26(7), the amount of that grant payable to the student is nil.
PART 6
PAYMENTS
Payment of grant for fees
40
1
The Secretary of State must not pay the grant for fees for which a student qualifies until she has received a valid request for payment from the academic authority.
2
The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as she considers to be appropriate.
Payment of grants for living and other costs and supplementary grants
41
1
The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as she considers appropriate.
2
The Secretary of State may, if she considers it appropriate to do so, pay the grant payable under regulation 23(4) or regulation 25(4) to the relevant academic authority for the authority to pay the relevant grant on her behalf.
3
Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment.
4
The Secretary of State may, if she considers it appropriate to do so, make a payment of disabled students' allowance before the start of the academic year in respect of which that payment is due.
5
The Secretary of State must not make any payments of support to a student who has withdrawn from, abandoned or been expelled from his course after the date on which he withdraws from, abandons or is expelled from his course unless she considers it appropriate to do so taking into account the circumstances of the student’s case.
6
The Secretary of State must not make any payments of support to a student who is absent from his course —
a
for more than 60 days due to illness; or
b
for any period for any other reason,
unless she considers that it is appropriate to do so taking into account the circumstances of the student’s case.
Overpayments
42
1
The Secretary of State may recover any overpayment of grant for fees from the academic authority.
2
An eligible student shall, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which he is entitled under Part 4.
Bill Rammell
Minister of State
Department for Education and Skills
28th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) (Amendment) Regulations 2006 and come into force on 1st November 2007.
Amendment of the Recognition Requirements for Investment Exchanges and Clearing Houses Regulations
2
The Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 are amended as follows.
3
In regulation 3(1), at the appropriate place, insert —
“branch” in relation to an investment firm has the meaning given in Article 4.1.26 of the markets in financial instruments directive and in relation to a credit institution has the meaning given in Article 4.3 of the banking consolidation directive ;
“central counterparty”, “clearing” and “settlement” have the same meaning as in the markets in financial instruments directive;
“the Commission Regulation” means Commission Regulation 1287/2006 of 10 August 2006 ;
“competent authority”, in relation to an investment firm or credit institution, means the competent authority in relation to that firm or institution for the purposes of the markets in financial instruments directive;
“credit institution” means —
a credit institution authorised under the banking consolidation directive, or
an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if it does not have a registered office, its head office) in an EEA State;
“disorderly trading conditions” has the same meaning as in the markets in financial instruments directive;
“financial instrument” has the meaning given in Article 4.1.17 of the markets in financial instruments directive;
“multilateral trading facility” has the meaning given in Article 4.1.15 of the markets in financial instruments directive;
“regulated market” has the meaning given in Article 4.1.14 of the markets in financial instruments directive;
“transferable securities” has the meaning given in Article 4.1.18 of the markets in financial instruments directive;
“UK firm” means an investment firm or credit institution which has a Part IV permission to carry on one or more regulated activities.
.
4
In paragraph 1(2) of the Schedule for “may” substitute “must”.
5
In paragraph 2 of the Schedule, after sub-paragraph (2), insert —
3
The persons who effectively direct the business and operations of the exchange must be of sufficiently good repute and sufficiently experienced to ensure the sound and prudent management and operation of the financial markets operated by it.
4
The persons who are in a position to exercise significant influence over the management of the exchange, whether directly or indirectly, must be suitable.
.
6
In paragraph 3(2) of the Schedule —
a
in paragraph (b) after “assessment” insert “, mitigation”;
b
after paragraph (c) insert —
ca
the technical operation of the exchange, including contingency arrangements for disruption to its facilities;
.
7
In paragraph 4(2) of the Schedule —
a
in paragraph (a), after “investors” insert “and is in accordance with paragraph 7B”;
b
after paragraph (a) insert —
aa
it has transparent and non-discretionary rules and procedures —
i
to provide for fair and orderly trading, and
ii
to establish objective criteria for the efficient execution of orders;
;
c
paragraph (b) is revoked;
d
in paragraph (d) after “arrangements” insert “, which comply with paragraph 7D,”;
e
after paragraph (e) insert —
ea
appropriate arrangements are made to —
i
identify conflicts between the interests of the exchange, its owners and operators and the interests of the persons who make use of its facilities or the interests of the financial markets operated by it, and
ii
manage such conflicts so as to avoid adverse consequences for the operation of the financial markets operated by the exchange and for the persons who make use of its facilities;
;
f
in paragraph (f) after “measures” insert “(including the monitoring of transactions effected on the exchange)”.
8
After paragraph 4 of the Schedule insert —
Provision of pre-trade information about share trading
4A
1
The exchange must make arrangements for —
a
current bid and offer prices for shares, and
b
the depth of trading interest in shares at the prices which are advertised through its systems,
to be made available to the public on reasonable commercial terms and on a continuous basis during normal trading hours, subject to the requirements contained in Chapter IV of the Commission Regulation.
2
If an exchange decides to give investment firms and credit institutions required to publish their quotes in shares —
a
in accordance with Article 27 of the markets in financial instruments directive, or
b
by the Authority,
access to the arrangements referred to in sub-paragraph (1), it must do so on reasonable commercial terms and on a non-discriminatory basis.
3
The Authority may waive the requirements of sub-paragraph (1) in the circumstances specified —
a
in the case of shares to be traded on a multilateral trading facility operated by the exchange, in Article 29.2 of the markets in financial instruments directive and Chapter IV of the Commission Regulation; or
b
in the case of shares to be traded on a regulated market operated by the exchange, in Article 44.2 of that directive and Chapter IV of the Commission Regulation.
4
In this paragraph, “shares” means shares admitted to trading on a regulated market.
Provision of post-trade information about share trading
4B
1
The exchange must make arrangements for the price, volume and time of transactions executed in shares to be made available to the public as soon as possible after the time of the transaction on reasonable commercial terms, subject to the requirements contained in Chapter IV of the Commission Regulation.
2
If an exchange decides to give investment firms and credit institutions required to make public details of their transactions in shares —
a
in accordance with Article 28 of the markets in financial instruments directive, or
b
by the Authority,
access to the arrangements referred to in sub-paragraph (1), it must do so on reasonable commercial terms and on a non-discriminatory basis.
3
The Authority may permit exchanges to defer the publication required by sub-paragraph (1) in the circumstances specified, and subject to the requirements contained —
a
in the case of shares traded on a multilateral trading facility operated by an exchange, in Article 30.2 of the markets in financial instruments directive and Chapter IV of the Commission Regulation; or
b
in the case of shares traded on a regulated market operated by an exchange, in Article 45.2 of that directive and Chapter IV of the Commission Regulation.
4
If the Authority permits exchanges to defer the publication required by sub-paragraph (1), those exchanges must ensure that the existence of and the terms of the permission are disclosed to users and members of their facilities and to investors.
5
In this paragraph, “shares” means shares admitted to trading on a regulated market.
.
9
After paragraph 7 of the Schedule insert —
Admission of financial instruments to trading
7A
1
The exchange must make clear and transparent rules concerning the admission of financial instruments to trading on any financial market operated by it.
2
The rules must ensure that all financial instruments admitted to trading on a regulated market operated by the exchange are capable of being traded in a fair, orderly and efficient manner (in accordance with Chapter V of the Commission Regulation, where applicable).
3
The rules must ensure that —
a
all transferable securities admitted to trading on a regulated market operated by the exchange are freely negotiable (in accordance with Chapter V of the Commission Regulation, where applicable); and
b
all contracts for derivatives admitted to trading on a regulated market operated by the exchange are designed so as to allow for their orderly pricing as well as for the existence of effective settlement conditions.
4
The exchange must maintain arrangements to provide sufficient publicly available information (or satisfy itself that sufficient information is publicly available) to enable the users of a multilateral trading facility operated by it to form investment judgments, taking into account both the nature of the users and the types of instrument traded.
5
The exchange must maintain effective arrangements to verify that issuers of transferable securities admitted to trading on a regulated market operated by it comply with the disclosure obligations.
6
The exchange must maintain arrangements to assist users of a regulated market operated by it to obtain access to information made public under the disclosure obligations.
7
The exchange must maintain arrangements regularly to review whether the financial instruments admitted to trading on a regulated market operated by it comply with the admission requirements for those instruments.
8
The rules must provide that where an exchange, without obtaining the consent of the issuer, admits to trading on a regulated market operated by it a transferable security which has been admitted to trading on another regulated market, the exchange —
a
must inform the issuer of that security as soon as is reasonably practicable, and
b
may not require the issuer of that security to demonstrate compliance with the disclosure obligations.
9
The rules must provide that where an exchange, without obtaining the consent of the issuer, admits to trading on a multilateral trading facility operated by it a transferable security which has been admitted to trading on a regulated market, it may not require the issuer of that security to demonstrate compliance with the disclosure obligations.
10
In this paragraph —
“derivatives” has the same meaning as in the markets in financial instruments directive;
“the disclosure obligations” are the initial, ongoing and ad hoc disclosure requirements contained in the relevant articles and given effect —
in the UK by Part 6 of the Act and Part 6 rules (within the meaning of section 73A of the Act ); or
in another EEA State by legislation transposing the relevant articles in that State.
“issuer” has the same meaning as in the markets in financial instruments directive;
“the relevant articles” means —
Article 6.1 to 6.4 of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation ,
Articles 3, 5, 7, 8, 10, 14 and 16 of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectuses to be published when securities are offered to the public or admitted to trading ,
Articles 4 to 6, 14, 16 to 19 and 30 of Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 relating to the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market , and
Community legislation made under the provisions mentioned in paragraphs (a) to (c).
11
This paragraph is without prejudice to the generality of paragraph 4.
Access to the exchange’s facilities
7B
1
The exchange must make transparent and non-discriminatory rules, based on objective criteria, governing access to, or membership of, its facilities.
2
In particular those rules must specify the obligations for users or members of its facilities arising from —
a
the constitution and administration of the exchange;
b
rules relating to transactions on the market;
c
its professional standards for staff of any investment firm or credit institution having access to or membership of a financial market operated by the exchange;
d
conditions established under sub-paragraph (3)(c) for access to or membership of a financial market operated by the exchange by persons other than investment firms or credit institutions; and
e
the rules and procedures for clearing and settlement of transactions concluded on a financial market operated by the exchange.
3
Rules of the exchange about access to, or membership of, a financial market operated by it must permit the exchange to give access to or admit to membership (as the case may be) only —
a
an investment firm,
b
a credit institution, or
c
a person who —
i
is fit and proper,
ii
ii)has a sufficient level of trading ability and competence,
iii
where applicable, has adequate organisational arrangements, and
iv
iv)has sufficient resources for the role he is to perform, taking account of the exchange’s arrangements under paragraph 4(2)(d).
4
Rules under this paragraph must enable —
a
an investment firm authorised under Article 5 of the markets in financial instruments directive, or
b
a credit institution authorised under the banking consolidation directive,
by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have direct or remote access to, or membership of, any financial market operated by the exchange on the same terms as a UK firm.
5
The exchange must make arrangements regularly to provide the Authority with a list of the users or members of its facilities.
6
This paragraph is without prejudice to the generality of paragraph 4.
Access to central counterparty, clearing and settlement facilities
7C
1
This paragraph applies to an exchange which provides central counterparty, clearing or settlement facilities.
2
The exchange must make transparent and non-discriminatory rules, based on objective criteria, governing access to those facilities.
3
The rules under sub-paragraph (2) must enable an investment firm or a credit institution authorised by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have access to those facilities on the same terms as a UK firm for the purposes of finalising or arranging the finalisation of transactions in financial instruments.
4
The exchange may refuse access to those facilities on legitimate commercial grounds.
Choice of settlement facilities
7D
1
The rules of the exchange must permit a user or member of a regulated market operated by it to use whatever settlement facility he chooses for a transaction.
2
Sub-paragraph (1) only applies where —
a
such links and arrangements exist between the chosen settlement facility and any other settlement facility as are necessary to ensure the efficient and economic settlement of the transaction; and
b
the exchange is satisfied that the smooth and orderly functioning of the financial markets will be maintained.
Suspension and removal of financial instruments from trading
7E
The rules of the exchange must provide that the exchange must not exercise its power to suspend or remove from trading on a regulated market operated by it any financial instrument which no longer complies with its rules, where such step would be likely to cause significant damage to the interests of investors or the orderly functioning of the financial markets.
.
10
In paragraph 8 of the Schedule for sub-paragraph (1) substitute —
1
The exchange must have —
a
effective arrangements (which include the monitoring of transactions effected on the exchange) for monitoring and enforcing compliance with its rules, including rules in relation to the provision of clearing services in respect of transactions other than transactions effected on the exchange;
b
effective arrangements for monitoring and enforcing compliance with the arrangements made by it as mentioned in paragraph 4(2)(d); and
c
effective arrangements for monitoring transactions effected on the exchange in order to identify disorderly trading conditions.
.
11
After paragraph 9 of the Schedule insert —
Operation of a multilateral trading facility
9A
1
An exchange operating a multilateral trading facility must also operate a regulated market.
2
An exchange operating a multilateral trading facility must comply with those requirements of —
a
Chapter I of Title II of the markets in financial instruments directive, and
b
Commission Directive 2006/73/EC of 10 August 2006 ,
which are applicable to a market operator (within the meaning of the directive) operating such a facility.
3
The requirements of this paragraph do not apply for the purposes of section 292(3)(a) of the Act (requirements for overseas investment exchanges and overseas clearing houses).
.
12
In paragraph 10(3) of the Schedule omit “by a recognised clearing house”.
13
After paragraph 21 of the Schedule insert —
Access to central counterparty, clearing and settlement facilities
21A
1
The clearing house must make transparent and non-discriminatory rules, based on objective criteria, governing access to central counterparty, clearing or settlement facilities provided by it.
2
The rules under sub-paragraph (1) must enable an investment firm or a credit institution authorised by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have access to those facilities on the same terms as a UK firm for the purposes of finalising or arranging the finalisation of transactions in financial instruments.
3
The clearing house may refuse access to those facilities on legitimate commercial grounds.
.
Kevin Brennan
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations and come into force on 2nd February 2006.
Amendment of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
2
1
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 are amended as follows.
2
In regulation 1, paragraph (2) is deleted.
3
In regulation 2, in paragraph (1),
a
in the definition of “creditors' voluntary winding up resolution” after “Insolvency Act 1986” insert “or the Insolvency (Northern Ireland) Order 1989 ” and at the end after “Act” insert “or that Order”;
b
in the definition of “default arrangements” after “within the meaning of Part VII” insert “or Part V”;
c
after the definition of “netting” insert the following definition —
“Part V” means Part V of the Companies ( No. 2) (Northern Ireland) Order 1990“
;
d
in the definition of “relevant office-holder” at the end insert “or the Insolvency (Northern Ireland) Order 1989”;
e
in the definition of “winding up” after “Insolvency Act 1986” insert “or the Insolvency (Northern Ireland) Order 1989” and at the end after “Act” insert “or that Order”;
4
In regulation 2, in sub-paragraph (a) of paragraph (2), in the second line after “Insolvency Act 1986” insert “, the Insolvency (Northern Ireland) Order 1989” and in the fourth line after “ Insolvency Act 1986” insert “or the Insolvency (Northern Ireland) Order 1989”;
5
In regulation 13, in paragraph (3) after “Part VII” insert “or Part V”;
6
In regulation 14 —
a
in paragraph (2) after “Insolvency Act 1986” insert “, the Insolvency (Northern Ireland) Order 1989”;
b
in sub-paragraph (a) of paragraph (5) after “section 735 of the Companies Act 1985” insert “or Article 3 of the Companies (Northern Ireland) Order 1986” ;
c
in sub-paragraph (a)(i) of paragraph (5) after “section 175 of the Insolvency Act 1986” insert “or Article 149 of the Insolvency (Northern Ireland) Order 1989”;
d
in sub-paragraph (a)(ii) of paragraph (5)-
i
after “to that Act” insert “or Articles 31(4) and 50 of the Insolvency (Northern Ireland) Order 1989”,
ii
after “section 196 of the Companies Act 1985” insert “or Article 205 of the Companies (Northern Ireland) Order 1986”,
e
in sub-paragraph (b) of paragraph (5) after “section 328(1) and (2) of the Insolvency Act 1986” insert “or, in Northern Ireland, Article 300(1) and (2) of the Insolvency (Northern Ireland) Order 1989”;
f
in sub-paragraph (a) of paragraph (6) after “sections 115 and 156 of the Insolvency Act 1986” insert “or Articles 100 and 134 of the Insolvency (Northern Ireland) Order 1989”, after “of that Act” insert “or that Order” and after “Schedule B1 of that Act” insert “or in Article 31(4) of that Order”;
g
in sub-paragraph (b) of paragraph (6) after “section 386 of that Act” insert “or Article 346 of that Order”.
7
In regulation 15 —
a
in paragraph (1) after “Part VII” insert “or Part V” and after “sections 162 and163 of the Companies Act 1989” insert “or Articles 85 and 86 of the Companies (No. 2) (Northern Ireland) Order 1990”;
b
in the first line of paragraph (2) after “Wales” insert “or Northern Ireland”;
c
in sub-paragraph (b) of paragraph (2) after “section 323 of the Insolvency Act 1986” insert “or Article 296 of the Insolvency (Northern Ireland) Order 1989”;
d
in the penultimate line of paragraph (2) after “section 247 of the Insolvency Act 1986” insert “or Article 6 of the Insolvency (Northern Ireland) Order 1989”;
8
In regulation 16 —
a
in paragraph (1) after “Sections 178, 186, 315 and 345 of the Insolvency Act 1986” insert “or Articles 152, 157, 288 and 318 of the Insolvency (Northern Ireland) Order 1989”;
b
in paragraph (3) after “Sections 127 and 284 of the Insolvency Act 1986” insert “or Articles 107 and 257 of the Insolvency (Northern Ireland) Order 1989”.
9
In regulation 17 —
a
in sub-paragraph (a) of paragraph (1) after “section 238 or 339 of the Insolvency Act 1986” insert “or Article 202 or 312 of the Insolvency (Northern Ireland) Order 1989”;
b
in sub-paragraph (b) of paragraph (2) after “section 239 or 340 of that Act” insert “or Article 203 or 313 of that Order”;
c
in sub-paragraph (c) of paragraph (1) after “section 423 of that Act” insert “or Article 367 of that Order”.
10
In regulation 19 —
a
after paragraph (1) insert
1A
The following provisions of the Insolvency (Northern Ireland) Order 1989 (which relate to administration orders and administrators) do not apply in relation to a collateral security charge —
a
Articles 23(1)(b) and 24(3)(c) (restrictions on enforcement of security while petition for administration order pending or order in force); and
b
Article 28(1) and (2) (power of administrator to deal with charged property);
and Article 24(2) of that Order (receiver to vacate office when so required by administrator) does not apply to a receiver appointed under such a charge.
b
in paragraph (3) after “Sections 127 and 284 of the Insolvency Act 1986” insert “or Articles 107 and 257 of the Insolvency (Northern Ireland) Order 1989”.
11
In regulation 21 —
a
in the heading after “Part VII” insert “and Part V”;
b
in paragraph (1) after “the Companies Act 1989” insert “ or the Companies (No. 2) (Northern Ireland) Order 1990”;
c
in sub-paragraph (a) of paragraph (2) after “section 163(4) to (6)” insert “and Article 86(3) to (5)”;
d
in sub-paragraph (b) of paragraph (2) after “section 164 (4) to (6)” insert “and Article 87(3) to (5)”;
e
in sub-paragraph (c) of paragraph (2) after “section 175(5) and (6)” insert “and Article 97(5) and (6)”.
12
In regulation 24, before “or in Scotland” insert “, the High Court in Northern Ireland”.
13
In regulation 25, in paragraph (2) after “or in Scotland” insert “, the High Court in Northern Ireland”.
14
In regulation 26 —
a
in the heading delete “, Northern Ireland”;
b
in paragraph (1) after “or Scotland” insert “or Northern Ireland”,
c
in sub-paragraph (a) of paragraph (2) delete “, Northern Ireland”
15
In the Schedule to the Regulations, in paragraph 1(1) after “must be in” delete “Great Britain” and insert “the United Kingdom” and after “England and Wales” insert “, Northern Ireland”.
Vernon Coaker
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11 January 2006


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2006 and shall come into force on 16th March 2006.
Fees
2
1
The fee to be paid to the Immigration Services Commissioner by each designated professional body for the year 1 st April 2005 to 31 st March 2006 shall be the sum specified in the Schedule to this Order.
2
The fee shall be paid on or before 31 st March 2006.
Tony McNulty
Minister of State
Home Office
20th February 2006