text:
Citation and commencement
1
This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2011 and comes into force on 1st June 2011.
Amendments to the Insolvency Proceedings (Fees) Order 2004
2
In the definition of “appropriate deposit” in article 6(1) of the Insolvency Proceedings (Fees) Order 2004 —
a
in sub-paragraph (a), for “£1,000” substitute “£1,165”;
b
in sub-paragraph (b), for “£450” substitute “£525”; and
c
in sub-paragraph (c), for “£600” substitute “£700”.
Transitional Provision
3
The amendments made by this Order apply only to petitions presented on or after 1st June 2011.
Signed by authority of the Lord Chancellor
Jonathan Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
14th April 2011
We concur
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These rules may be cited as the Justices’ Clerks (Amendment) Rules 2011 and shall come into force on 6th April 2011.
Amendments to Justices’ Clerks Rules 2005
2
The Justices’ Clerks Rules 2005 are amended in accordance with the following rules.
3
In rule 2, for “the Schedule” substitute “Schedules 1 and 2”.
4
In rule 3(1) —
a
for “paragraphs 1 to 36 and 44 to 71 in the Schedule” substitute “paragraphs 1 to 36 of Schedule 1 and paragraphs 1 to 7 of Schedule 2”; and
b
for “reference in the Schedule” substitute “reference in these Rules”.
5
After rule 3 insert —
3A
Where a justices’ clerk —
a
is performing the function of a single justice in accordance with paragraphs 1 to 7 of Schedule 2 to these Rules; and
b
considers, for whatever reason, that it is inappropriate to perform the function,
the justices’ clerk must refer the matter to the magistrates’ court which may perform the function.
.
6
In rule 5, for “the Schedule” in paragraphs (a) and (b) substitute “Schedule 1”.
7
In the Schedule —
a
in the heading, for “Schedule” substitute “Schedule 1”;
b
omit the heading “Family etc. ” after paragraph 36; and
c
omit paragraphs 37 to 71.
8
After the Schedule insert Schedule 2 which is set out in the Schedule to these Rules.
Transitional provisions
9
Where, by virtue of Part 36 of the Family Procedure Rules 2010 , the Family Procedure Rules 2010 do not apply to a particular case, the Justices’ Clerks Rules 2005 shall have effect as if the amendments made to the Justices’ Clerks Rules 2005 by these Rules had not been made.
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
28th February 2011
I concur
John Goldring, L.J.
Senior Presiding Judge
2nd March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hounslow and Richmond Community Healthcare National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Hounslow and Richmond Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the MARD Regulations 2011 and come into force on 1 January 2012.
2
The Articles mentioned in these Regulations are those of MARD .
3
Regulations 2(1), 4(1), 5(1), 6, 7(2), 7(4) and 13(2) each applies to any Article it mentions only where the relevant UK authority is the requested authority in that Article.
4
Regulations 9, 10(1), 11, 12 and 13(3) each applies to any Article it mentions only where an applicant authority of the United Kingdom is the applicant authority in that Article.
Claims, etc to the United Kingdom (i.e. relevant UK authority is the requested authority in MARD)
Exchange of information
2
1
The relevant UK authority must comply with the provision made by Article 5 in relation to the requested authority.
2
This is subject to Articles 5(2) and 5(3).
3
A United Kingdom public authority that is to make a refund in Article 6 may follow that Article.
4
1
The relevant UK authority must make and carry out the agreement and arrangements for which Article 7(1) makes provision in relation to the requested authority, to the extent that this will promote the mutual assistance provided for in MARD.
2
This is subject to Articles 7(3) and 21(2).
Enforcement of foreign claims in the UK
5
1
The relevant UK authority must comply with the provision made by Articles 8, 9(1), 13(2), 13(3), 13(5), 14(1), 16, 18(4) and 19(3) in relation to the requested authority.
2
For Article 8: this is subject to Article 8(2).
3
For Article 16: paragraph (1) and regulation 7 apply in a way that gives effect to Article 17.
6
1
The relevant UK authority may follow Article 13(4), first sentence.
2
Where it does so, that authority must follow Article 13(4), second sentence.
7
1
Articles 12, 14(1), 14(2), 15(2) second and third sub-paragraphs, and 18 apply to a foreign claim .
2
The relevant UK authority must follow Article 15(2), first sub-paragraph, second sentence.
3
The provision in paragraph (1) for Articles 12 and 14 also apply where the foreign claim is based on a revised instrument in Article 15(2), third sub-paragraph.
4
The relevant UK authority may follow Articles 18(1) and 18(2).
5
The relevant UK authority may follow Article 18(3) where the United Kingdom is the Member State in that Article.
8
In the application of the Finance Act 2009 , Schedule 49 to any kind of foreign claim for which the relevant UK authority is the Commissioners , the sum payable in paragraph 1(1) of that Schedule includes a foreign claim.
Claims, etc from the United Kingdom (i.e. a UK authority is the applicant authority in MARD)
Request for notification of certain documents relating to claims
9
Any applicant authority of the United Kingdom must ensure compliance or comply with the provision made by Articles 8(1) and 8(2) in relation to the applicant authority.
Requests for recovery, and conditions governing them
10
1
Any applicant authority of the United Kingdom must comply with the provision made by Articles 10(2) and 11 in relation to the applicant authority.
2
A request in either Article by an applicant authority of the United Kingdom must comply with Article 12(1) (except for the obligations that Article places on the requested Member State ).
The request may be accompanied by the other documents as mentioned in Article 12(2).
Disputes
11
Any applicant authority of the United Kingdom must comply with the provision made by Articles 14(3) and 14(4), third sub-paragraph, third sentence in relation to the applicant authority.
Amendment or withdrawal of UK request for recovery assistance
12
Any applicant authority of the United Kingdom must comply with the provision made by Article 15 in relation to the applicant authority.
Claims within MARD: general
Questions on limitation
13
1
Article 19 applies to a foreign claim and to a claim for which the applicant Member State is the United Kingdom, as appropriate.
2
The relevant UK authority must comply with the provision made by Article 19(3) in relation to the requested authority.
3
Any applicant authority of the United Kingdom must comply with the provision made by Article 19(3) in relation to the applicant authority.
Costs
14
1
The relevant UK authority and an applicant authority of the United Kingdom may follow respectively Article 20(2), second sub-paragraph in relation to the requested and applicant authorities, as appropriate to the circumstances.
2
United Kingdom public authorities must seek to ensure compliance with Article 20(2), first sub-paragraph and with Article 20(3).
Standard forms and means of communication
15
1
Article 21(1) applies where the United Kingdom is the requested Member State or the applicant Member State in that Article, as appropriate.
2
This is subject to Article 21(3).
Use of languages
16
1
The documents mentioned in Article 22(1) sent from the United Kingdom must comply with that Article.
2
Where those documents are sent to the United Kingdom, the second sentence of that Article applies provided that the United Kingdom public authority concerned has agreed with the sending Member State as mentioned in that sentence.
3
This paragraph applies in relation to documents covered by Article 22(3) where the relevant UK authority is the requested authority or an applicant authority of the United Kingdom is the applicant authority in that Article.
The former authority may impose, and the latter authority must obey, the requirement in that Article.
Either authority may enter the bilateral agreement in that Article.
4
English is the only official language in cases where the United Kingdom is the requested Member State in Articles 22(1) and 22(3), or is the applicant Member State in Article 22(2).
Disclosure of information and documents
17
1
Articles 23(1) and 23(6) apply where the United Kingdom is the Member State receiving the information within those Articles.
2
Any United Kingdom public authority in question must seek to ensure that the United Kingdom complies with Articles 23(3) and 23(5) where the United Kingdom is the Member State providing the information, or is the Member State from which it originates, within those Articles.
3
The relevant UK authority may follow Article 23(4), first sentence where it is the requested authority in that Article.
4
An applicant authority of the United Kingdom may follow Article 23(4), first sentence where it is the applicant authority in that Article.
5
Paragraphs (3) and (4) are subject to the second and third sentences of Article 23(4), and to Article 23(5), being satisfied.
Statutory instruments revoked
Statutory instruments revoked
18
The Regulations in the table in the Schedule are revoked.
Brooks Newmark
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2011
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
7th December 2011


text:
PART 1 Introduction
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the School Finance (England) Regulations 2011 and come into force on 15th March 2011.
2
These Regulations apply in relation to the financial year beginning on 1st April 2011.
3
These Regulations apply only in relation to England.
4
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002;
“the 2005 Act ” means the Education Act 2005 ;
“the 2006 Act ” means the Education and Inspections Act 2006 ;
“the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009 ;
“the 2008 Regulations ” means the School Finance (England) Regulations 2008 ;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 88D of the 1998 Act;
“advanced skills teacher” is defined in section 2 of the School Teachers’ Pay and Conditions Document 2010 and Guidance on School Teachers’ Pay and Conditions (referred to in S.I. 2010/1979 ), which document can be found at www.education.gov.uk ;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003 ;
“ CRC ” means the CRC Energy Efficiency Scheme operated by the Environment Agency;
“central expenditure” means the total amount deducted by a local authority from their schools budget;
“ CERA ” means capital expenditure which an authority expect to charge to a revenue account of the authority within the meaning of section 22 of the Local Government Act 2003;
“children in need” means children in respect of whom the local authority in whose area they reside must provide a range and level of services appropriate to their needs under section 17 of the Children Act 1989 ;
a “combined service” is a service funded partly from central expenditure, and partly from other budgets of the authority or contributions from other bodies;
“Dedicated Schools Grant” is a grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act;
a reference to a determination or redetermination of a budget share or amount to be allocated is for the funding period, unless otherwise stated;
“early years provision” has the meaning assigned to it in section 20 of the Childcare Act 2006 ;
“expenditure on the schools specific contingency” is central expenditure deducted for the purpose of ensuring that monies are available to enable increases in a school’s budget share after it has been allocated where it subsequently becomes apparent that —
a governing body have incurred expenditure which it would be unreasonable to expect them to meet from the school’s budget share,
an increase in the school’s budget share is due in accordance with the local authority’s formula,
a determination or redetermination of the school’s budget share authorised by the schools forum or the Secretary of State has led to such an increase, or
such an increase is necessary to correct errors,
and where such circumstances were unforeseen when initially determining the school’s budget share;
“funding period” means the financial year beginning on 1st April 2011;
“gifted and talented pupils” means pupils in primary or secondary schools identified as such by a local authority by virtue of the fact that they are demonstrating, or have the potential to develop, ability in one or more subjects, leadership skills or organisational skills at a level significantly ahead of other children in their year group;
“institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 1992 ;
“key stage 4” means the fourth key stage of the National Curriculum for England comprising the requirements and entitlements described in sections 85 and 85A of the 2002 Act ;
a “local authority’s formula” has the meaning in regulation 9;
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which, on implementation of proposals for the establishment of the school, will be such a school, and which has a temporary governing body;
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes such expenditure of that class or description as the authority may incur in relation to Academies, and to pupils registered at Academies;
“non-domestic rate” has the meaning given in section 54 of the Local Government Finance Act 1988 ;
“Performance Reward Grant” is a grant of that name paid to a local authority under section 31 of the Local Government Act 2003 to reward the authority for improvements in local services;
“ PFI scheme unitary payment” means a charge payable by a local authority under a private finance transaction, as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
“practical and applied learning” means education provided to pupils at key stage 4 in a secondary school or elsewhere which prepares them for employment or for a qualification related to a particular employment sector;
“prescribed early years provision” means early years provision prescribed for the purposes of section 7(1) of the Childcare Act 2006;
“previous funding period” means the financial year beginning on 1st April 2010;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“provider”, in relation to prescribed early years provision, may be a governing body of a school or a relevant early years provider;
“prudential borrowing” means borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate, where the revenue savings that will be achieved are equal to or more than the expenditure that will be incurred in borrowing the money;
“relevant early years provider” means a provider of prescribed early years provision, other than the governing body of a maintained school;
“relevant early years provision” means prescribed early years provision provided by a relevant early years provider;
“school year” has the meaning given in section 579(1) of the 1996 Act ;
a reference to “special educational needs transport costs”, for the purposes of paragraph 37(e) of Schedule 2, is a reference to the costs of home to school transport for pupils with special educational needs in schools maintained by a local authority where the authority are meeting such costs because the revenue savings that will be achieved by placing such children in a school maintained by them are equal to, or greater than, the cost of such transport;
“specific grant” means any grant (other than the Dedicated Schools Grant or any grant made by the YPLA under section 61 of the 2009 Act) paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;
“summer term” means the third term of the school year where a school has three terms, or the fifth and sixth terms where a school has six terms;
a reference to “termination of employment costs”, for the purposes of paragraph 37(b) of Schedule 2, is a reference to expenditure relating to the dismissal or premature retirement of, or for the purpose of securing the resignation of, any person employed in a maintained school;
“unavoidable costs” means costs which must be incurred by virtue of a statutory requirement;
“YPLA” is the Young People’s Learning Agency for England.
5
In these Regulations, a reference to “a mainstreamed grant” means a specific grant which has been merged into the Dedicated Schools Grant for the financial year commencing 1st April 2011 but was paid to local authorities by the Secretary of State as a separate grant under section 14 of the 2002 Act, in addition to the Dedicated Schools Grant, for the financial year commencing 1st April 2010 and includes any of the following grants —
a
School Standards Grant,
b
School Standards Grant (Personalisation),
c
School Development Grant (Standards Fund only),
d
School Lunch Grant,
e
Ethnic Minority Achievement Grant ( EMAG ),
f
1-2-1 Tuition Grant,
g
Extended Schools – Sustainability Grant,
h
Extended Schools – Subsidy Grant,
i
Targeted Support for the Primary National Strategy allocated to schools (consisting of Universal and Targeted elements, Every Child elements, Leading Teachers element, Early Years Foundation Stage element and Modern Foreign Languages element),
j
Targeted Support for the Secondary National Strategy allocated to schools (consisting of Universal and Targeted elements and Leading Teachers element),
k
Diploma Formula Grant,
l
London Pay Addition Grant.
Revocation of previous Regulations
2
The School Finance (England) Regulations 2006 and the School Finance (Amendment) (England) Regulations 2007 are revoked on 1st April 2011.
PART 2 Action to be Taken by a Local Authority
CHAPTER 1
Appropriation of the Non-Schools Education Budget
The Non-Schools Education Budget
3
The following classes or descriptions of local authority expenditure are prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local authority’s non-schools education budget, subject to the exceptions in regulation 6 —
a
those specified in Schedule 1; and
b
any expenditure which falls outside the classes or descriptions of expenditure specified in regulation 5 and Schedule 2 (the schools budget).
CHAPTER 2
Determination of Schools Budgets, Individual Schools Budgets, and Budget Shares
Initial determination of a local authority’s schools budget
4
A local authority must not later than 31st March 2011 —
a
make an initial determination of their schools budget; and
b
give notice of that determination to the governing bodies of the schools they maintain.
The schools budget
5
1
The classes or descriptions of local authority expenditure specified in sub-paragraphs (a) to (d) and Schedule 2 are prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local authority’s schools budget, subject to paragraph (2) and the exceptions in regulation 6 —
a
expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools, pupil referral units, at home or in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local authority;
c
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, in so far as that expenditure does not fall within sub-paragraph (a) or (b); and
d
expenditure on early years provision, in so far as that expenditure does not fall within sub-paragraph (a), (b) or (c).
2
Where a local authority operates a combined service for the benefit of pupils referred to in paragraph (1), expenditure referred to in paragraph 37(c) of Schedule 2 is only expenditure prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local authority’s schools budget where that expenditure is incurred in providing an educational benefit to those pupils.
Exceptions
6
A local authority’s non-schools education budget or schools budget must not include the following classes or descriptions of expenditure —
a
capital expenditure, other than —
i
CERA,
ii
capital expenditure appropriated to the schools budget for the purpose of funding pay arrears due to staff whose salaries are met from the schools budget;
b
expenditure on capital financing, other than expenditure incurred —
i
on prudential borrowing,
ii
for the purpose of meeting the costs of financing the payment of pay arrears referred to in paragraph (a)(ii); and
c
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings).
Determination of the individual schools budget for the funding period and limit on increase in central expenditure
7
1
Subject to paragraphs (2) to (4), not later than 31st March 2011, a local authority must deduct from their schools budget such of the classes or descriptions of planned expenditure set out in Schedule 2 (“the central expenditure”) as they propose to deduct, in order to determine their individual schools budget.
2
In deducting the central expenditure under paragraph (1), a local authority must ensure that —
a
where the authority’s schools budget increases from the previous funding period to the funding period, the percentage of any increase in the central expenditure does not exceed the percentage of the increase in the schools budget,
b
where the authority’s schools budget decreases from the previous funding period to the funding period, the central expenditure decreases and that the percentage of the decrease is not less than the percentage of the decrease in the schools budget,
unless they obtain authorisation to exceed these limits from their schools forum under regulation 13(1)(a) or the Secretary of State under regulation 13(3).
3
In deducting the central expenditure referred to in paragraph 37 of Schedule 2, a local authority must not exceed the limit referred to in that paragraph, unless they obtain authorisation to do so from their schools forum under regulation 13(1)(c) or the Secretary of State under regulation 13(3).
4
Where a local authority carries forward a deficit in the central expenditure from the previous funding period to the funding period, which reduces the amount of the schools budget available, the funding of this deficit from the schools budget must be authorised by their schools forum under regulation 13(1)(d) or the Secretary of State under regulation 13(3).
5
References to planned expenditure in this regulation are references to that expenditure net of —
a
all related specific grants;
b
all related fees, charges and income; and
c
any funding received from the Secretary of State in respect of PFI scheme unitary payments.
6
For the purposes of this regulation, a local authority must adjust the schools budget for the previous funding period to include any mainstreamed grant.
Consultation
8
1
A local authority may make changes to the formulae they have used in the financial years beginning 1st April 2008, 1st April 2009 and 1st April 2010.
2
Subject to paragraph (3), a local authority must consult their schools forum about any proposed changes under paragraph (1), in relation to the factors and criteria taken into account, and the methods, principles and rules adopted.
3
Paragraph (2) does not apply to changes made relating to matters referred to in regulation 20 (sixth form funding) or 23 (excluded pupils).
Formulae for determination of budget shares etc
9
1
A local authority must, before the beginning of the funding period and after consulting their schools forum about the matter, decide upon the formula which they will use to determine and redetermine the budget shares for schools maintained by them (other than nursery schools).
2
Subject to paragraph (3), a local authority must use the formula determined under paragraph (1) in all determinations and redeterminations of school budget shares in respect of the funding period.
3
A local authority must, before the beginning of the funding period and after consulting their schools forum about the matter, decide upon the formula they will use to determine and redetermine —
a
the budget shares for nursery schools maintained by them;
b
the amounts to be allocated in respect of nursery classes in schools maintained by them;
c
the amounts to be allocated to relevant early years providers in their area.
4
A local authority may not make changes to their formulae after the funding period has commenced.
Determination of allocation of budget shares etc for the funding period
10
1
Not later than 31st March 2011, a local authority must determine —
a
the budget share for each of the schools maintained by them (other than nursery schools), using the formula referred to in regulation 9(1); and
b
the budget share for each of the nursery schools maintained by them, the amount to be allocated in respect of each nursery class in schools maintained by them and the amount to be allocated to each relevant early years provider in their area, using the formula referred to in regulation 9(3),
in accordance with Part 3 of these Regulations.
2
Not later than 31st March 2011, a local authority must give notice of each budget share or amount determined under paragraph (1) to the governing body of the school or the relevant early years provider concerned.
Delegated budgets for new schools
11
1
A new school must have a delegated budget from the appropriate date.
2
Subject to paragraphs (3) and (6), the appropriate date is either —
a
the date which is fifteen calendar months before the opening date of the new school; or
b
the date upon which a temporary governing body is constituted for that school,
whichever is the later.
3
On the application of a local authority, their schools forum may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date; or
c
refuse to vary the appropriate date.
4
Where —
a
a schools forum —
i
vary the appropriate date to a different date, or
ii
refuse to vary the appropriate date; or
b
a local authority are not required to establish a schools forum for their area ,
the authority may make an application to the Secretary of State for variation of the appropriate date.
5
On the application of a local authority, the Secretary of State may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date.; or
c
refuse to vary the appropriate date.
6
A local authority must determine the amount of a new school’s delegated budget for the period from the appropriate date to the opening date as an amount which is sufficient to fund the appointment of staff and to enable the purchase of any goods and services necessary in order to admit pupils.
7
After the opening date, a school’s delegated budget must be determined in accordance with the local authority’s formula.
CHAPTER 3
Redetermination of Schools Budgets, Individual Schools Budgets and Schools’ Budget Shares
Redetermination of schools budgets and individual schools budgets
12
1
Subject to paragraph (2), a local authority may redetermine their schools budget and individual schools budget at any time before or during the funding period.
2
In making any redetermination under paragraph (1), a local authority —
a
may only reduce the amount of their schools budget where they receive an amount of Dedicated Schools Grant which is lower than the amount on which they based their determination under regulation 7;
b
must not reduce their individual schools budget by making further deductions of central expenditure from their schools budget unless they obtain authorisation to do so from their schools forum under regulation 13(1)(b) or the Secretary of State under regulation 13(3);
c
must comply with the limits referred to in paragraph 37 of Schedule 2 and imposed by regulation 7(2) unless they obtain authorisation to vary those limits from their schools forum under regulation 13(1)(c) or the Secretary of State under regulation 13(3).
3
Before the beginning of the funding period, a local authority must advise schools of any circumstances they are aware of which make it likely that a redetermination will be made in respect of the funding period, and the nature of any redetermination likely to be made in particular circumstances.
4
Where a local authority makes a redetermination under paragraph (1), they must give notice of that redetermination to the governing bodies of the schools maintained by them within 28 days of making the redetermination.
CHAPTER 4
Further Deductions and Variations to Limits Authorised by Schools Forums or the Secretary of State
Applications to the schools forum and the Secretary of State
13
1
Subject to paragraph (2), on the application of a local authority, their schools forum may authorise —
a
the making of further deductions from their schools budget of any central expenditure under regulation 7(1), in excess of the limit imposed by regulation 7(2);
b
the reduction of their individual schools budget by making further deductions of central expenditure from their schools budget under regulation 12(1), pursuant to regulation 12(2)(b);
c
the varying of any limit referred to in paragraph 37 of Schedule 2; or
d
the funding of any deficit in their central expenditure from the schools budget under regulation 7(4).
2
Where —
a
a schools forum does not authorise any of the matters referred to in paragraph (1); or
b
a local authority are not required to establish a schools forum for their area,
the authority may make an application to the Secretary of State for such authorisation.
3
On the application of a local authority under paragraph (2), the Secretary of State may authorise the matters referred to in paragraph (1).
PART 3 Formulae for Determination of Budget Shares etc
CHAPTER 1
Factors and Criteria Taken into Account
Pupil numbers
14
1
Subject to regulation 16 (special arrangements for pupils in maintained nursery schools and nursery classes and children receiving relevant early years provision) and paragraph (2), in determining and redetermining budget shares for primary and secondary schools, a local authority must ascertain and take into account in their formula the number of registered pupils at those schools on the date specified in paragraph (5), weighted, if the authority consider it appropriate, in accordance with paragraph (4).
2
For the purposes of paragraph (1), the number of registered pupils does not include pupils —
a
in places —
i
in primary or secondary schools which the authority have reserved for children with special educational needs, and
ii
in boarding accommodation at boarding schools other than special schools,
where the authority exercise their discretion to take these places into account under regulation 15(1)(b) or (c);
b
in respect of whom grant is payable to the authority by the YPLA (sixth form pupils); or
c
in infant classes where the authority choose to take the class into account as an additional factor under paragraph 33 of Schedule 3.
3
Where a local authority exercise their discretion under regulation 15(1) to take into account places, they may also take into account in their formula the number of registered pupils in special schools or schools with boarding accommodation, or in reserved places at primary or secondary schools, as referred to in that paragraph, on the date specified in paragraph (5).
4
A local authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
in the case of pupils aged under five, their exact age when admitted to the school;
c
in the case of pupils aged under five, hours of attendance;
d
whether a pupil has special educational needs;
e
whether the pupil is attending a middle school;
f
whether the pupil is at key stage 4, and is accessing practical and applied learning;
g
whether the pupil, although registered at a school, is also attending an institution within the further education sector or a course delivered by any training provider;
h
whether the pupil is in an infant class (in cases where an infant class is not taken into account as an additional factor under paragraph 33 of Schedule 3);
i
whether the pupil is registered at more than one maintained school.
5
The date for ascertaining pupil numbers is 20th January 2011.
6
Subject to paragraph (7), where a primary school —
a
operates a policy of admitting children into reception classes in the summer term; and
b
will admit pupils into such classes in the summer term in 2011,
a local authority may determine a number representing the number of pupils who will be admitted in that summer term, and take such number into account in their formula.
7
In determining the number of pupils they will take into account under paragraph (6), a local authority —
a
must not determine any number which exceeds the number of pupils admitted in the summer term in 2010; and
b
must make any such determination before the beginning of the funding period.
8
A local authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil to the school following permanent exclusion from another school.
Places
15
1
In determining and redetermining budget shares, a local authority may take into account the number of places they wish to fund in —
a
special schools;
b
primary or secondary schools with places which the authority have reserved for children with special educational needs; and
c
schools with boarding accommodation.
2
In determining and redetermining budget shares a local authority may take into account the nature of any special educational needs when funding places under paragraph (1)(a) or (b).
3
If a local authority take into account any places in accordance with paragraph (1)(a), the number must be no fewer than the number of registered pupils at the school on the relevant date in regulation 14(5).
Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision
16
1
Subject to paragraphs (5) and (6), in determining —
a
budget shares for nursery schools maintained by them,
b
amounts to be allocated in respect of nursery classes in schools maintained by them and
c
amounts to be allocated to relevant early years providers in their area,
a local authority must take into account in their formula the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class or of children receiving prescribed early years provision from the relevant early years provider, as the case may be, using as a basis for the calculation the most recent data available about the actual numbers of registered pupils or children.
2
A local authority must review the budget share for each maintained nursery school and the amount allocated in respect of each nursery class when further information about the hours of attendance becomes available, taking into account —
a
in the case where the local authority decide to fund only prescribed early years provision —
i
the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class who will receive prescribed early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
ii
the actual total number of hours of such attendance for the period;
b
in the case where the local authority decide to fund early years provision in excess of that which is prescribed —
i
the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class who will receive early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
ii
the actual total number of hours of such attendance for the period; and
redetermine that budget share or amount allocated, as the case may be.
3
A local authority must review the amount allocated to each relevant early years provider, when further information about hours of attendance becomes available, taking into account —
a
the predicted total number of hours of attendance of children who will receive prescribed early years provision from the relevant early years provider during the period (using as a basis for the calculation the actual hours of such attendance in at least three sample weeks); or
b
the actual total numbers of hours of such attendance for the period; and
redetermine the amount allocated.
4
Where a local authority make any redetermination pursuant to paragraph (2) or (3) they must give notice to the governing body of the school or the relevant early years provider concerned of the redetermination and the date on which it will be implemented, within 28 days of the redetermination.
5
When determining budget shares for maintained nursery schools, amounts to be allocated in respect of nursery classes and amounts to be allocated to relevant early years providers in their area, a local authority may weight the predicted total number of hours of attendance of registered pupils in the nursery school or nursery class or of children receiving prescribed early years provision from the relevant early years provider, according to the special educational needs of any such pupils or children.
6
When determining budget shares for amounts to be allocated to relevant early years providers in their area, a local authority may weight the predicted total number of hours of attendance of children receiving prescribed early years provision from the relevant early years provider, according to whether any children have been admitted to the relevant early years provider in excess of the number agreed with the authority.
7
When determining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes maintained by them and
c
amounts to be allocated to relevant early years providers,
a local authority may take into account in their formula the number of places they wish to fund in the school, class or provider (instead of the predicted total number of hours of attendance), where those places have been reserved by the authority for children with special educational needs or children in need.
8
When determining budget shares for schools maintained by them which provide nursery classes, a local authority may reduce the amount payable to each such school under the formula referred to in regulation 9(1) by a sum representing the amount to be allocated in respect of the nursery class in that school under the formula referred to in regulation 9(3).
Differential funding
17
1
For the purpose of determining budget shares, a local authority must use factors or criteria which differentiate between different categories or descriptions of school in so far as the functions of the governing bodies of those schools justify such differentiation, but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local authority must use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice made by that school’s governing body as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraphs 14 (admissions), 16(a) and (b) (meals), 28 (insurance) and 30 (library services) of Schedule 2.
3
A local authority may use factors or criteria in their formula which differentiate between maintained nursery schools, primary schools, secondary schools and special schools, or between schools whose pupils are in different age ranges.
4
For the purpose of determining or redetermining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them and
c
amounts to be allocated to relevant early years providers in their area,
a local authority may use factors or criteria which differentiate between different categories or descriptions of school or provider on the basis of unavoidable costs.
Additional factors or criteria
18
1
Subject to paragraph (2) and regulation 17 (differential funding), in determining budget shares, a local authority may take into account in their formula any or all of the factors or criteria set out in Part 1 of Schedule 3.
2
In determining budget shares for nursery schools maintained by them, amounts to be allocated in respect of nursery classes in schools maintained by them and amounts to be allocated to relevant early years providers in their area, a local authority —
a
must not take into account in their formula any of the factors or criteria set out in paragraphs 23 and 33 in Part 1 of Schedule 3; but
b
may take into account in their formula any or all of the factors or criteria set out in Part 2 of Schedule 3.
3
In determining —
a
budget shares for maintained nursery schools,
b
amounts to be allocated in respect of nursery classes in schools maintained by them and
c
amounts to be allocated to relevant early years providers in their area,
a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation among pupils registered at the nursery school or in the nursery class or among children receiving relevant early years provision from the provider, if they have no factor elsewhere in their formula which is based on such incidence.
4
In determining budget shares for primary and secondary schools, a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation among pupils registered at each school if they have no factor elsewhere in their formula which is based on such incidence.
5
A factor included in a local authority’s formula pursuant to paragraph 17 of Schedule 3 (school milk, meals and refreshment) is not, for the purposes of paragraphs (3) and (4), a factor based on the incidence of social deprivation among pupils registered at schools or children receiving relevant early years provision.
6
The factors and criteria set out in Schedule 3 may not be taken into account by a local authority on the basis of actual or estimated cost unless otherwise stated in that Schedule.
7
Where a local authority make changes to the factors or criteria taken into account in any of their formulae from the previous funding period for the funding period, they may make such transitional provision as they consider reasonable.
Minimum funding guarantee
19
1
Subject to paragraph (3), in determining and redetermining budget shares for schools maintained by them, a local authority must ensure —
a
in respect of primary and secondary schools, that an amount equal to the guaranteed funding level is included, calculated in accordance with paragraphs 1–4 of Schedule 4;
b
in respect of special schools, that the formula must provide for a minimum amount of funding, calculated in accordance with paragraph 5 of Schedule 4.
2
For the purposes of determining budget shares, paragraph (1) does not apply to any school —
a
opening during the funding period, except in the circumstances set out in paragraph 4 of Schedule 4;
b
closing during the funding period in circumstances where a local authority have redetermined that school’s budget share during that period.
3
A local authority may make changes to the operation of this regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State or their schools forum under regulation 25 (additional arrangements).
Sixth form funding
20
1
A local authority must include in a secondary school’s budget share an amount equal to any sum notified to the local authority by the YPLA as being the allocation in respect of that school’s sixth form.
2
A local authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
3
A local authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school under their formula by a sum representing any element which has been duplicated in the YPLA’s allocation.
4
A local authority must redetermine the budget share of a secondary school before the end of the funding period where the authority receive a written notification from the YPLA of a revised allocation in respect of the sum referred to in paragraph (1).
New, reorganised and closing schools
21
1
A local authority must include factors or criteria in their formula which enable them to determine, or redetermine, a school’s budget share so as to take into account the particular needs of that school in the cases of —
a
a proposed school;
b
a school, proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a prescribed alteration within the meaning of regulations made under section 18 of the 2006 Act;
d
a school which is to be discontinued; and
e
a school which is to be the subject of a significant change, as determined by the authority.
2
In the case of schools falling within paragraph (1)(c), such factors or criteria may not be used for a period of more than seven years after the date of implementation of the prescribed alteration.
3
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local authority, reached either —
a
the number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals would be fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Federated schools
22
1
Subject to paragraph (2), where two or more schools are federated under section 24 of the 2002 Act, the local authority may treat them as a single school for the purposes of these Regulations and, accordingly, allocate a single budget share to the governing body of the federation.
2
Where the local authority decide to allocate a single budget share to the governing body of a federation under paragraph (1) and the amount of that share (‘X’) would be less than would have been allocated to the governing body had the authority allocated a budget share for each school within the federation (‘Y’), the authority must adjust X by adding to it an amount which equates to the difference between Y minus X.
CHAPTER 2
Adjustments, Correction of Errors, and Additional Arrangements Authorised by Schools Forums or the Secretary of State
Pupils permanently excluded from, or leaving, maintained schools
23
1
Where a pupil is permanently excluded from a school maintained by a local authority, the authority must redetermine the school’s budget shared in accordance with paragraph (2).
2
The school’s budget share must be reduced by the amount A x (B / 52) where —
a
A is the amount determined by the authority in accordance with this Part, that would be attributable to a registered pupil of the same age and personal circumstances as the pupil in question at primary or secondary schools maintained by the authority for the full funding period; and
b
B is the number of complete weeks remaining in the funding period calculated from the relevant date, except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil who has been permanently excluded from a school maintained by a local authority is admitted to another school maintained by a local authority (“the admitting school”) in the funding period, the authority must redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The admitting school’s budget share must be increased by an amount which may not be less than the amount D x (E / F) where —
a
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded, or would have reduced it had that school been maintained by the authority;
b
E is the number of complete weeks remaining in the funding period during which the pupil is a registered pupil at the admitting school; and
c
F is the number of complete weeks remaining in the funding period calculated from the relevant date.
5
Where a permanently excluded pupil is subsequently reinstated by the governing body of the school or by an appeal panel constituted under regulations made under section 52 of the 2002 Act, the school’s budget share must be increased by an amount which is no less than G x (H / I) where —
a
G is the amount by which the authority has reduced the school’s budget share;
b
H is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and
c
I is the number of complete weeks remaining in the funding period calculated from the relevant date.
6
Paragraphs (1) and (2) also apply where a pupil leaves a maintained school for reasons other than permanent exclusion, and is receiving education funded by a local authority other than at a school which is maintained by that authority.
7
For the purposes of paragraph (2)(a), the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula, by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom grant is payable to the authority by the YPLA under section 61 of the 2009 Act, the amount attributable to that pupil is £3,232 for the funding period).
8
For the purposes of this regulation, “the relevant date” is the sixth school day following the date on which the pupil has been permanently excluded.
Correction of errors and changes in non-domestic rates
24
1
A local authority may, at any time during the funding period, redetermine a school’s budget share or any earlier funding period in order to correct an error in a determination or redetermination under these or any previous Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise, provided the error is of a kind not provided for by any specific error correction provision in the authority’s formula.
2
A local authority may redetermine a school’s budget share to take into account any changes in that school’s non-domestic rate liability in relation to the funding period or any earlier funding period.
3
In so far as any redetermination under paragraph (1) would require the amount that would otherwise have been the budget share of a school to be reduced, it may not be reduced to a figure which is lower than that which could have been allocated to that school under the regulations in force during the funding period in which the error occurred.
Additional arrangements approved by the schools forum or the Secretary of State
25
1
Subject to paragraph (2), on application by a local authority to the Secretary of State for any authorisation or authorisations to determine or redetermine budget shares, the Secretary of State may authorise the authority to determine or redetermine budget shares to such extent as the Secretary of State may specify in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
The Secretary of State may not authorise a local authority to determine or redetermine budget shares in the cases referred to in paragraph (3) unless —
a
the authority have first made an application to their schools forum for such authorisation which has been refused; or
b
the authority is not required to establish a schools forum for their area.
3
In determining or redetermining budget shares for schools which they maintain, a local authority may, when calculating the guaranteed funding level —
a
replace the figure of 0.985 referred to in paragraphs 2, 3 and 5 of Schedule 4 with a higher figure,
b
exclude the —
i
Diploma Formula Grant,
ii
targeted elements of the Targeted Support for the Primary National Strategy allocated to schools,
iii
targeted elements of the Targeted Support for the Secondary National Strategy allocated to schools,
from the redetermined adjusted budget share for the previous funding period,
where authorised to do so by their schools forum.
4
In determining or redetermining budget shares for nursery schools which they maintain or the amounts to be allocated in respect of nursery classes in schools which they maintain, a local authority may disregard regulation 19, where authorised to do so by their schools forum, provided the share or amount allocated includes a notional amount per pupil in respect of mainstreamed grants which is not less than 98.5% of the amount per pupil that was paid to the nursery school or in respect of the nursery class for the previous funding period from any mainstreamed grant.
5
Unless the contrary intention appears in any authorisations given by the schools forum or the Secretary of State or any arrangements approved by the Secretary of State under any previous regulations, such authorisations or arrangements, as the case may be, continue to apply in relation to the funding period.
PART 4 Schemes
Required content of schemes
26
A scheme prepared by a local authority under section 48(1) of the 1998 Act must deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 5.
Approval by the schools forum or the Secretary of State of proposals to revise schemes
27
1
Where a local authority submit a copy of their proposals to revise their scheme to their schools forum for approval pursuant to paragraph 2A(3)(b) of Schedule 14 to the 1998 Act, the schools forum may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
2
Where the schools forum approve the proposals to revise the scheme, they may specify the date upon which the revised scheme is to come into force.
3
Where —
a
the schools forum refuse to approve proposals submitted under paragraph 2A(3)(b) of Schedule 14 to the 1998 Act, or approve any such proposals subject to modifications which are not acceptable to the local authority; or
b
the local authority are not required to establish a schools forum for their area,
the authority may apply to the Secretary of State for approval of such proposals.
4
The Secretary of State may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
5
When approving proposals to revise the scheme, the Secretary of State may specify the date upon which the revised scheme is to come into force.
6
No revised scheme is to come into force unless approved by the schools forum or the Secretary of State in accordance with this regulation.
Publication of schemes
28
1
A local authority —
a
must publish their scheme on a website which is accessible to the general public; and
b
may publish it elsewhere, in such manner as they see fit.
2
Whenever a local authority revise the whole or part of their scheme they must publish the scheme as revised on a website which is accessible to the general public by the date that the revisions are due to come into force, together with a statement that the revised scheme comes into force on that date.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
11th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
2
1
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
2
In regulation 2(2) (interpretation) immediately before the definition of “qualifying young person” insert —
“qualifying care receipts” has the meaning given to that expression by section 805 of the Income Tax (Trading and Other Income) Act 2005 ;
.
3
In Table 6 of regulation 19 (general disregards in the calculation of income) for item 9 substitute —
9
Any payment by way of qualifying care receipts to the extent that those receipts qualify for relief under Chapter 2 of Part 7 of the Income Tax (Trading and Other Income) Act 2005 .
.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
3
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
2
Amend regulation 14(2) (meaning of child care) as follows.
3
In sub-paragraph (b) —
a
at the end of paragraph (ii) omit “or”, and
b
omit paragraph (iii) .
4
In sub-paragraph (c) —
a
omit paragraph (iv) (and the “or” at the end of it) , and
b
at the end of paragraph(v) insert —
; or
vi
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would fall within one of the descriptions in paragraph (2C);
.
5
In sub-paragraph (f) —
a
in paragraph (i) for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010 ”;
b
for paragraph (ii) substitute —
ii
by a person in circumstances where, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010 , the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010;
;
c
omit paragraph (v) ;
d
at the end of paragraph (vi) omit “or”; and
e
at the end of paragraph (vii) insert —
; or
viii
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would fall within one of the descriptions in paragraph (2D).
.
6
After paragraph (2B) insert —
2C
The descriptions referred to in paragraph (2)(c)(vi) are —
a
child minding or day care for the purposes of Part 11 of the Children (Northern Ireland) Order 1995 ; and
b
qualifying child care for the purposes of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 .
2D
The descriptions referred to in paragraph (2)(f)(viii) are —
a
child minding, or day care, for the purposes of Part 2 of the Children and Families (Wales) Measure 2010; and
b
qualifying child care for the purposes of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007 .
.
Tax Credits (Provision of Information) (Functions Relating to Health) Regulations 2003
4
1
The Tax Credits (Provision of Information) (Functions Relating to Health) Regulations 2003 are amended as follows.
2
In regulation 2 (interpretation), in the definition “qualifying family”, for sub-paragraphs (a) and (b) substitute —
a
that has a relevant income of £16,190 or less, and
b
one member of which is a person who —
i
is receiving child tax credit, and
ii
is not eligible for working tax credit;
.
3
In regulation 3 (prescribed functions relating to health) —
a
omit sub-paragraphs (c), (d) and (e); and
b
after sub-paragraph (b) insert —
ba
the provision of benefits by or on behalf of the Secretary of State or the Department of Health, Social Services and Public Safety under a scheme established pursuant to section 13 of the Social Security Act 1988 or article 13 of the Social Security (Northern Ireland) Order 1988 in so far as such a scheme relates to the health of pregnant women, mothers or children.
.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2011
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2011


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Antigua and Barbuda) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of Antigua and Barbuda with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Members of the European Parliament (Salaries of Members of the Greater London Authority) Order 2011 and comes into force on 31st January 2012.
Amendment of the Greater London Authority Act 1999
2
1
Omit the word “or” at the end of section 25(1)(b) of the Greater London Authority Act 1999 ; and
2
after that paragraph insert —
ba
under Article 9 of the Statute for Members of the European Parliament (European Parliament Decision 2005/684/ EC , Euratom) (entitlement to salary for MEPs ); or
.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
20th December 2011


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 9) Order 2011.
2
In this Order “ the Act ” means the Pensions Act 2008.
Commencement of provisions
2
1
Section 65 (Objectives of the Regulator) of the Act comes into force on 16th March 2011.
2
The provisions of the Act specified in Part 1 of the Schedule to this Order come into force, for the purpose only of conferring power to make regulations, on the day after the day on which this Order is made.
3
The provisions of the Act specified in Part 2 of the Schedule come into force, insofar as they are not already in force, on 6th April 2011.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
5th March 2011


text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Iran (Restrictive Measures) (Overseas Territories) Order 2011 and shall come into force on 16th December 2011.
2
This Order shall extend to the territories listed in Schedule 1.
3
Article 13 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
4
Article 13 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands as set out in Schedule 3.
5
Article 13 shall apply to St Helena, Ascension and Tristan da Cunha as set out in Schedule 4.
6
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
7
An offence may be committed under articles 4(2), 5(2), 7, 10(4), 11(1) or (2), by any person in the Territory or by any person elsewhere who is —
a
a British citizen, a British Overseas Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British Protected Person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of that Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
“frozen account” means an account with a relevant institution which is held or controlled by a listed person;
“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“listed person” means any person listed in Annex I to the Regulation (as modified from time to time) or a person identified in a direction by the Governor under article 8(1);
“person” means any natural or legal person, entity or body;
“the Regulation” means Council Regulation ( EU ) No. 359/2011 adopted by the Council of the European Union on 12th April 2011 which came into force on 14th April 2011 (the date of its publication) and which places restrictive measures on certain persons, entities and bodies responsible for serious human rights violations in Iran;
“relevant institution” means —
the person responsible for the regulation and supervision of financial services business in the Territory;
any person who may lawfully accept deposits in or from within the Territory by way of business; or
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“ship” includes every description of vessel used in navigation;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold themselves out as accepting deposits on a day to day basis, and
ii
any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
Except where this Order provides otherwise, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
Publicly available list of listed persons
3
The Governor shall —
a
maintain a list of listed persons; and
b
cause the list to be published in the Gazette as necessary from time to time.
FUNDS AND ECONOMIC RESOURCES
Freezing funds and economic resources
4
1
A person (“P”) (including a listed person) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a listed person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In this article, “to deal with” means —
a
in respect of funds —
i
to use, alter, move, allow access to or transfer;
ii
to deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
to make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, to exchange or use in exchange for funds, goods or services.
4
Paragraph (1) is subject to articles 6 and 9.
Making funds and economic resources available
5
1
A person (“P”) (including a listed person) must not make funds or economic resources available, directly or indirectly, to or for the benefit of a listed person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
Paragraph (1) is subject to articles 6 and 9.
Exceptions
6
1
A person (“P”) (including a listed person) is not guilty of an offence under article 4 or 5 if P credits a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the account holder became a listed person.
2
It is not an offence under article 5 for a relevant institution to credit a frozen account where it receives funds transferred by a third party to a frozen account under this Order.
3
Article 4 applies to any funds credited to a frozen account in accordance with this article.
4
In this article “third party” means a person other than the account holder or the person with which the account is maintained.
Circumventing prohibitions etc
7
A person shall be guilty of an offence under this Order if they participate in, knowingly and intentionally, activities the object or effect of which is, directly or indirectly, to-
a
circumvent a prohibition in articles 4(1) or 5(1); or
b
enable or facilitate the commission of an offence under articles 4(2) or 5(2).
Governor’s powers to give directions
8
1
Where the Governor has reasonable grounds for suspecting that a person is a listed person, the Governor may give a direction that such person is a listed person for the purposes of this Order.
2
The Governor may vary or revoke such a direction at any time.
3
A direction under paragraph (1) has effect —
a
for such a period as the Governor may specify in the direction, or
b
until the direction is revoked or set aside.
4
Where the Governor gives a direction the Governor shall —
a
take such steps as he considers appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if the direction is varied or revoked —
i
give written notice of the variation or revocation to the person identified in the direction; and
ii
take such further steps as the Governor considers appropriate to publicise the variation or revocation.
5
The Supreme Court may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
6
A person who makes an application under paragraph (5) shall give a copy of the application and any witness statement or affidavit in support to the Governor not later than seven days before the date fixed for the hearing by the Supreme Court of the application.
Licences
9
1
The Governor may grant a licence to disapply the prohibition in articles 4(1) or 5(1) in relation to the acts specified in the licence.
2
A licence may relate to —
a
basic expenses of listed persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
b
payments of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
c
payment of fees or service charges for the routine holding or maintenance of frozen funds in a frozen account or economic resources;
d
payment of necessary extraordinary expenses as determined by the Governor provided that the other Member States and the Commission of the European Union have been notified of the grounds for the Governor’s determination at least two weeks before the Governor’s authorisation of payment;
e
satisfaction of a judicial, administrative or arbitral lien or judgment provided that the lien or judgment was entered into prior to 14th April 2011 and is not for the benefit of a listed person.
3
Any licence granted under this Order shall be in writing.
4
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
5
The Governor may vary or revoke a licence at any time.
6
Where a licence is granted, varied or revoked by the Governor, the Governor shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
DISCLOSURE BY FINANCIAL INSTITUTIONS
Failure to disclose knowledge or suspicion
10
1
If a relevant institution knows or suspects that a relevant person —
a
is a listed person, or
b
has committed an offence under articles 4(2), 5(2), 7, 11(1) or (2),
it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.
2
A relevant institution, when it makes a disclosure to the Governor under paragraph (1), shall state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
where the relevant person is a listed person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a listed person.
3
A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 6(2).
4
A relevant institution which fails to comply with the requirement in paragraphs (1), (2) or (3) is guilty of an offence under this Order.
5
In this paragraph “relevant person” means —
a
a customer of the relevant institution;
b
a person who has been a customer of the relevant institution at any time on or after 14th April 2011 and has ceased to be a customer; or
c
a person with whom the relevant institution has had dealings in the course of business on or after that date.
6
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a listed person or a person who has committed an offence under articles 4(2), 5(2), 7, 11(1) or (2);
b
any information or other matter on which that knowledge or suspicion is based, or
c
any other information pursuant to article 10(2) above,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with application for licences, conditions attaching to licences, etc
11
1
If, for the purposes of obtaining any licence under this Order, any person makes a statement or furnishes any document or information which to their knowledge is false in any material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, they shall be guilty of an offence under this Order.
2
Subject to paragraph (3), any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with the conditions attaching to that licence shall be guilty of an offence under this Order.
3
No person shall be guilty of an offence under paragraph (2) where they prove that the condition with which they failed to comply was modified, otherwise than with their consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
12
1
The provisions of Schedule 5 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of the matters regulated by this Order, an offence under the law of the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
c
of evidence or information establishing —
i
the nature and amount or quantity of any funds or economic resources owned, held or controlled by a listed person; or
ii
the nature of any financial transactions entered into by a listed person;
d
of evidence or information considered by the Governor appropriate to cooperate with any domestic or international investigation relating to the funds, economic resources or financial transactions of a listed person.
2
No information furnished or document produced by any person in pursuance of a request made under Schedule 5 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in their own right;
b
to any person empowered under Schedule 5 to request that the information be furnished or the document produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any other British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or
ii
for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
d
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other country or territory for the regulation and supervision of financial services business.
Penalties and proceedings
13
1
A person guilty of an offence under articles 4(2), 5(2), 7 or paragraph 4(b) or (d) of Schedule 5 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under articles 11(1) or (2) is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
3
A person guilty of an offence under article 10(4) or a person guilty of an offence under paragraph 4(a) or (c) of Schedule 5 is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
6
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
8
Irrespective of whether such consent has been obtained, paragraph (7) shall not prevent —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
14
1
This article has effect in relation to any notice to be given to a person by the Governor under article 8(4)(b) or (c), or 9(6)(a).
2
Any such notice may be given:
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate in the Territory.
3
Where the Governor does not have an address in the Territory for the person, he must make arrangements for the notice to be given to that person at the first available opportunity.
Exercise of the powers of the Governor
15
1
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by the Governor.
2
In the case of a delegation referred to in paragraph (1) of this article, references in this Order to the Governor are to be construed accordingly.
Miscellaneous
16
1
Any provision of this Order which prohibits the doing of an act except under the authority of a licence granted by the Governor shall not have effect in relation to any such act done anywhere other than the Territory provided that it is duly authorised.
2
An act is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
Liability
17
No liability will arise for any person (“P”) concerned in the freezing of funds or economic resources in accordance with articles 4(1) or 5(1), unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.
General
18
1
If the Council of the European Union takes any decision which has the effect of postponing, suspending or terminating the operation of the Regulation, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, to the same extent from the date the decision of the Council comes into force.
2
The Governor shall publish particulars of the decision in a notice in the Gazette.
Ceri King
Deputy Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Aruba) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of the Kingdom of the Netherlands, in respect of Aruba, with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 2011 and comes into force on 22nd August 2011.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being installations stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres, as respects that installation, from the point which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Amendment of the Offshore Installations (Safety Zones) Order 2011
3
In the Offshore Installations (Safety Zones) Order 2011 , in column 2 of the Schedule, in the entry for the latitude north co-ordinates of Kinnoull Towhead, for 58°14.23’ substitute 58°14.30’.
Amendment of the Offshore Installations (Safety Zones) Order 1997
4
In the Offshore Installations (Safety Zones) Order 1997 , in Schedule 1, omit the entry for Linnhe Protective Structure including its co-ordinates.
Amendment of the Offshore Installations (Safety Zones) (No 5) Order 2007
5
In the Offshore Installations (Safety Zones) (No 5) Order 2007 , in the Schedule, omit the entry for Tristan North West Subsea Production Well (49/29b-J) including its co-ordinates.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Grayling
Minister of State,
Department for Work and Pensions
20th July 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011.
2
These Regulations come into force —
a
for the purposes of this regulation and regulation 8, on 31st March 2011, and
b
for all other purposes, on 6th April 2011.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
2
In paragraph 15 of Schedule 1 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 (basic information about the scheme) , for “Occupational Pensions Advisory Service Limited” substitute “Pensions Advisory Service ”.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
3
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 are amended as follows.
2
In regulation 12 (transfer of member’s accrued rights without consent) —
a
for paragraph (3), substitute —
3
The condition set out in this paragraph is that —
a
the relevant actuary gives a certification, by completing the certificate in Schedule 3, in relation to the members’ rights in the receiving scheme;
b
the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;
c
the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate; and
d
there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.
,
b
in paragraph (4), for “paragraph (3)(a)” substitute “making the certification in paragraph 1 of the certificate in Schedule 3”, and
c
in paragraph (4A), for “paragraph (3)(b)” substitute “making the certification in paragraph 2 of the certificate in Schedule 3”.
3
After Schedule 2 (revocations), insert as Schedule 3 the Schedule specified in Schedule 1 to these Regulations.
Amendment of the Protected Rights (Transfer Payment) Regulations 1996
4
1
The Protected Rights (Transfer Payment) Regulations 1996 are amended as follows.
2
For regulation 3C(8)(b) (transfer payment to certain schemes without the member’s consent) , substitute —
b
the relevant actuary gives a certification, by completing the certificate in Schedule 3, in relation to the members’ protected rights in the receiving scheme;
ba
the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;
bb
the transfer takes place within three months of the date of the relevant actuary’s signature in the certificate;
bc
there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place; and
.
3
After Schedule 2 (transitional provisions), insert as Schedule 3 the Schedule specified in Schedule 2 to these Regulations.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
5
At the end of regulation 3(1)(a)(i) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (exemptions from the professional advisers requirements) , insert “and”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
6
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 are amended as follows.
2
In regulation 10 (transfer of a person’s pension credit rights without consent) —
a
for paragraph (3) , substitute —
3
The condition set out in this paragraph is that, subject to paragraph (6) —
a
the relevant actuary gives a certification, by completing the certificate in the Schedule, in relation to the person’s pension credit rights in the receiving scheme;
b
the relevant actuary sends that certificate to the trustees or managers of the transferring scheme;
c
the transfer takes place within 3 months of the date of the relevant actuary’s signature in the certificate; and
d
there are no significant changes to the benefits, data and documents used in making the certificate (see the benefits, data and documents specified in the certificate) by the date on which the transfer takes place.
, and
b
in paragraph (4), for “paragraph (3)(b)” substitute “making the certification in paragraph 2 of the certificate in the Schedule”.
3
Insert as the Schedule the Schedule specified in Schedule 3 to these Regulations.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
7
In regulation 7 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (notifications to employers and duty to consult) —
a
at the end of paragraph (2)(b), insert —
, or
c
where the person proposing the change employs all the affected members.
, and
b
for paragraph (3), substitute —
3
A relevant employer must consult about the listed change in accordance with regulations 11 to 16 if —
a
it employs all the affected members, or
b
its employees appear to it to include affected members and it is a relevant employer who —
i
has been notified under paragraph (1), or
ii
falls within paragraph (2)(b).
.
Amendment of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006
8
In regulation 3(3)(b) of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006 (the fraud compensation levy) , for “23” substitute “75”.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
5th March 2011


text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Richmond upon Thames) Permit Scheme Order 2011 and comes into force on 5th September 2011.
Interpretation
2
In this Order —
“the London Borough of Richmond upon Thames 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 Richmond upon Thames 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 Richmond upon Thames Permit Scheme comes into effect on 5th September 2011.
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 Richmond upon Thames Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
Title, commencement and application
1
1
The title of this Order is the Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011.
2
This Order comes into force on the day after the day on which it is made.
Amendment of Part 2 of Schedule 19 to the Equality Act 2010
2
Part 2 (Public Authorities: Relevant Welsh Authorities) of Schedule 19 to the Equality Act 2010 is amended as follows:
a
after the last entry under the sub-heading “ National Health Service ” insert —
The Board of Community Health Councils in Wales or Bwrdd Cynghorau Iechyd Cymuned Cymru.
;
b
for the entry “A county council, county borough council or community council in Wales.” substitute “A county council or county borough council in Wales.”;
c
omit the following entries —
A Special Health Authority established under section 22 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.
;
Charter trustees constituted under section 246 of the Local Government Act 1972 for an area in Wales.
;
An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in Wales.
;
A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in Wales.
;
A joint authority established under Part 4 of the Local Government Act 1985 for an area in Wales.
;
A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in Wales.
;
A joint board which is continued in being by virtue of section 263(1) of that Act for an area in Wales.
;
d
after the last entry under the sub-heading “ Other educational bodies ” insert —
The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru.
The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru.
Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
Other public authorities
The Auditor General for Wales or Archwilydd Cyffredinol Cymru.
The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.
The Care Council for Wales or Cyngor Gofal Cymru.
The Arts Council for Wales or Cyngor Celfyddydau Cymru.
The National Museum of Wales or Amgueddfa Genedlaethol Cymru.
The National Library of Wales or Llyfrgell Genedlaethol Cymru.
The Sports Council for Wales or Cyngor Chwaraeon Cymru.
The Welsh Language Board or Bwrdd yr Iaith Gymraeg.
The Countryside Council for Wales or Cyngor Cefn Gwlad Cymru.
The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru.
The Children’s Commissioner for Wales or Comisiynydd Plant Cymru.
.
Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers
3 April 2011