text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2011 and shall come into force on 1st January 2012.
2
In this Order, the “ Appointment Order ” means the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007 .
Substitution of article 1(2) of the Appointment Order
2
In article 1 of the Appointment Order (citatin, commencement and interpretation), for article 1(2) substitute —
2
In this Order-
“the Commission” means the Appointments Commission ;
“company” means a company as defined in section 1(1) of the Companies Act 2006 ;
“executive director” means a director who is an employee of the company;
“foundation trust” means an NHS foundation trust specified in either of the Schedules to this Order;
“non-executive director” means a director who is not an employee of the company.
.
Amendment of article 2 of the Appointment Order
3
In article 2 of the Appointment Order (appointment of trustees) after paragraph (2) insert —
3
In respect of the foundation trust specified in column 1 of Schedule 2, the Commission must appoint as trustee for the foundation trust the company which is listed adjacent to it in column 2 of that Schedule.
.
Substitution of article 3 of the Appointment Order
4
For article 3 of the Appointment Order (termination and suspension of appointment) substitute —
3
1
The Commission may terminate a trustee’s tenure of office where it is of the opinion that —
a
it is not in the interests of the foundation trust or of the health service or of the administration of any of the trust funds that the trustee should continue to hold office; or
b
in the case of a trustee that is a company, there has been a breach of any of the conditions in article 3A(2).
2
Where the Commission is of the opinion referred to in paragraph (1), the Commission may suspend the trustee from office, pending a decision on whether to terminate the trustee’s tenure of office.
.
Insertion of article 3A to the Appointment Order
5
After article 3 of the Appointment Order insert the following article —
Appointment of company subject to conditions
3A
1
The Commission must not appoint a company as a trustee for a foundation trust, other than in respect of the foundation trust listed in Schedule 2.
2
Where the Commission appoints a company as a trustee any such appointment shall be subject to the following conditions, which must be included in the company’s constitution —
a
the company must be incorporated as a company limited by guarantee, established for exclusively charitable purposes and registered with the Charity Commission under the Charities Act 1993 ;
b
the objects of the company must include holding property as set out in section 51(1) of the National Health Service Act 2006;
c
the number of non-executive directors must exceed the number of executive directors;
d
the non-executive directors of the company must be appointed by the Commission;
e
when appointing executive directors, the company must have regard to the guidance entitled “Trustees for NHS Charities – Guidance on recruitment and selection” published by the Appointments Commission on 1st March 2010 , as if that guidance applied to the appointment of executive directors;
f
the company must have systems in place for the annual appraisal and performance management of its directors;
g
the board of directors of the company must ratify any Commission request to terminate the tenure of office of a non-executive director on the grounds that the Commission considers it is not in the interests of the foundation trust or of the health service or of the administration of any trust funds that a non-executive director should continue to hold office; and
h
where any of the existing directors of the foundation trust are appointed as a director of the company appointed as trustee for that foundation trust pursuant to this Order, their term of office shall be for a period not exceeding six months.
.
Amendment of the Schedule to the Appointment Order
6
The Schedule to the Appointment Order (NHS Foundation Trusts for which Trustees are to be appointed) is renumbered Schedule 1.
Insertion of Schedule 2
7
After Schedule 1 as so renumbered by article 6 of this Order, insert the following Schedule —
SCHEDULE 2
NHS Foundation Trust for which a company is to be appointed as trustee
Articles 2(3) and 3A
Foundation Trust Company to be appointed as trustee Royal Brompton and Harefield NHS Foundation Trust Royal Brompton and Harefield Charity trustee, company number 7795583
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
8th December 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011 and shall come into force on 1st April 2011.
Interpretation
2
In this Order —
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the development corporation” means the London Thames Gateway Development Corporation;
“the relevant authority” means the authority which, but for the London Thames Gateway Development Corporation (Planning Functions) Order 2005 , as unamended by this Order would be the local planning authority in accordance with Part 1 of the 1990 Act.
Amendment of Order
3
The London Thames Gateway Development Corporation (Planning Functions) Order 2005 is amended as follows.
Amendment relating to planning functions area
4
For article 3 substitute —
3
1
The planning functions area is the development area excluding the area shaded grey on the maps.
2
In paragraph (1), “the maps” means the set of maps numbered 1 and 2 entitled “Maps referred to in the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011 , of which prints, signed by a Director in the Department for Communities and Local Government, are deposited and available for inspection at the offices of the Secretary of State, the development corporation and the London boroughs of Barking and Dagenham, Hackney, Havering, Newham and Tower Hamlets.
.
Transitional provisions in connection with planning functions
5
1
Subject to articles 6 and 7, this article applies as respects any planning functions which were transferred to the development corporation by the London Thames Gateway Development Corporation (Planning Functions) Order 2005 as unamended by this Order and in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for exercising those functions.
2
Anything which before the date of coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the relevant authority.
Transitional provisions in connection with planning applications
6
1
This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulations made or having effect under either of those Acts —
a
which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
b
in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act (reference of application to Secretary of State), to be the local planning authority responsible for determining the application.
2
Except where the development corporation transmits the application to the relevant authority for determination in accordance with paragraph (3), subject to paragraph (6) the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
3
The development corporation shall transmit to the relevant authority for determination —
a
any application which it has resolved with the agreement of the applicant to transmit to the relevant authority; and
b
any other application which it has not determined before 1st April 2011.
4
Subject to paragraph (5), where the development corporation transmits an application to the relevant authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
5
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the relevant authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act in relation to an application to which this article applies, the relevant authority shall be the local planning authority for the purposes of the appeal.
7
The relevant authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act —
a
where the development corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and
b
in any other case, where the application has not been determined before 1st April 2011 or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.
Liability for compensation in connection with planning functions and planning obligations
7
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the planning functions area by the development corporation, the development corporation shall be liable for any compensation which is payable.
2
Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before that date, which relates to land within the planning functions area, the development corporation shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the planning functions area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the relevant authority.
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
28th February 2011


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) Order 2011 and comes into force on 1st May 2011.
Amendment to the Value Added Tax (Input Tax) Order 1992
2
1
The Value Added Tax (Input Tax) Order 1992 is amended as follows.
2
In article 5(1) after the words “for the purposes of business entertainment” insert “unless the entertainment is provided for an overseas customer of the taxable person and is of a kind and on a scale which is reasonable, having regard to all the circumstances”.
3
After article 5(3) insert —
4
For the purposes of this article “overseas customer”, in relation to a taxable person, means —
a
any person who is not ordinarily resident nor carrying on a business in the United Kingdom or the Isle of Man and avails himself or herself, or may be expected to avail himself or herself, in the course of a business carried on by that person outside the United Kingdom and the Isle of Man, of any goods or services the supply of which forms part of the taxable person’s business; and
b
any person who is not ordinarily resident in the United Kingdom or the Isle of Man and is acting, in relation to such goods or services, on behalf of an overseas customer as defined in paragraph (a) above or on behalf of any government or public authority outside the United Kingdom and the Isle of Man.
.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 2011 and shall come into force on 1st March 2011.
2
These Regulations extend to England and Wales.
Amendment to the Police Federation Regulations 1969
2
1
The Police Federation Regulations 1969 are amended as follows.
2
In regulation 6A (branch boards: membership), for paragraph (4) substitute —
4
By virtue of this paragraph, and without prejudice to the filling of the casual vacancy —
a
a member of a joint branch board who is elected to a relevant office of that board shall become an additional member of the appropriate branch board;
b
a member of the Joint Executive Committee of the metropolitan police force who is elected to a relevant office of that Committee shall become an additional member of the appropriate branch board; and.
c
a member of a branch board of the metropolitan police force who is elected to a relevant office of that board shall become an additional member of that board.
4A
An additional member by virtue of paragraph (4) shall remain such until the end of the month following the date when he ceases to hold the relevant office by reason of which he became an additional member, save that —
a
a person who ceases to hold the office of secretary of a joint branch board or of the Joint Executive Committee of the metropolitan police force shall remain an additional member until the end of the month in which elections are first held under regulation 6 following the date on which he ceases to hold that office; and
b
a person who, on a date when elections are held under regulation 6, holds any relevant office other than that of secretary of a joint branch board or of the Joint Executive Committee of the metropolitan police force, shall remain an additional member until the date of the next election to the relevant office that he holds.
4B
For the purposes of paragraphs (4) and (4A) “relevant office” means the office of chairman or secretary of the board or Committee in question, or any other office specified in rules made for these purposes by that board or Committee with the approval of —
a
the chief officer (in the case of a joint branch board); or
b
the Commissioner of Police of the Metropolis (in the case of the Joint Executive Committee or a branch board of the metropolitan police force).
.
3
In Schedule 2 (proceedings) —
a
in paragraph 1 at the end insert “; the Joint Executive Committee of the metropolitan police force.”;
b
in paragraph 2 for “paragraph 2A” substitute “paragraphs 2A to 2D”;
c
after paragraph 2A insert —
2B
In any election to a relevant office held in the period beginning on 1st March 2011 and ending on 31st December 2011, the candidates may include any person who is discharging the duties or functions of that or any other relevant office of the specified body immediately before the election, notwithstanding that he is not then a member of the specified body.
2C
The election of any person to a relevant office of a specified body before 1st March 2011 shall not be questioned on the basis that the person was not a member of the specified body at the time of the election.
2D
In paragraphs 2B and 2C “relevant office” has the meaning given in regulation 6A(4B)(b)
.
Nick Herbert
Minister of State
Home Office
4th February 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Venture Capital Trust (Winding up and Mergers) (Tax) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
2
These Regulations have effect as follows —
a
regulations 4 to 7 have effect in relation to any VCT-in-liquidation whose winding-up commences on or after 6th April 2011;
b
regulations 8 to 11 have effect in relation to any merger where the transactions bringing the merger into effect take place on or after 6th April 2011; and
c
regulation 12 has effect in relation to shares issued on or after 6th April 2011.
Amendment of the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004
2
The Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 are amended in accordance with these Regulations.
Amendment of regulation 2
3
1
Regulation 2 (interpretation) is amended as follows.
2
For paragraphs (1) to (4) substitute —
1
In these Regulations, references to provisions of an Act or to Parts of an Act are to provisions or Parts of the Income Tax Act 2007 unless otherwise stated.
2
In these Regulations —
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“market value” shall be construed in accordance with sections 272 and 273 of the Taxation of Chargeable Gains Act 1992 ;
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992;
“prescribed winding-up period”, in relation to a VCT-in-liquidation, means the period —
beginning on the commencement of the company’s winding-up, and
ending on the earliest of —
the end of the company’s winding-up;
the company’s ceasing to be wound up;
the dissolution of the company;
the third anniversary of the commencement of the winding-up;
“qualifying holdings” shall be construed in accordance with Chapter 4 of Part 6;
“securities”, except in regulation 12, has the same meaning as in section 285(2);
“statement of affairs” means a statement as to the affairs of a company, in the form prescribed under and complying with section 99 or 131 of the Insolvency Act 1986 ;
“the 15% test” means the 15% holding limit condition specified in the table in section 274(2) and as provided for in sections 275 to 279;
“the 70% tests” means the conditions specified in the last two entries in the table in section 274(2) and as provided for in sections 275, 278, 280 and 280A ;
“the 30% test” means the condition which was specified in the table at section 274(2) and as provided for in sections 275, 278 and 280, ignoring the amendments made to section 274(2) by paragraph 2(2)(b) and (c) of Schedule 2 to the Finance (No. 3) Act 2010 .
3
In regulations 9 to 14 and in this paragraph —
a “section 323(1) merger” means a merger described in section 323(1);
a “section 323(2) merger” means a merger described in section 323(2);
“share for business transfer” means an issue of shares as mentioned in section 323(1)(b)(ii) or 323(2)(b)(ii), as the case may be;
“share for share exchange” means an exchange of shares as mentioned in section 323(1)(b)(i) or 323(2)(b)(i), as the case may be;
“shares issued to effect the merger” means —
in the case of a section 323(1) merger, shares in the successor company issued as mentioned in section 323(1); and
in the case of a section 323(2) merger, shares in the successor company issued as mentioned in section 323(2);
“shares issued for new consideration” means shares in the successor company issued in the period during which the merger takes place for a consideration other than as mentioned in section 323(1)(b) or 323(2)(b).
4
Section 319(3) (references in sections 314 to 318 to things done by a VCT-in-liquidation to include things done by the liquidator of a VCT-in-liquidation) shall apply for the purposes of regulations 3 to 8 as it applies to Chapter 5 of Part 6.
.
Amendment of regulation 3
4
In paragraph (2)(a) of regulation 3 (winding-up of venture capital trusts), for “section 842AA(5A)(a) and (b)” substitute “section 280(1)(a) and (b)”.
Amendment of regulation 4
5
In regulation 4, for “paragraph 3(9) of Schedule 15B” substitute “section 268”.
Amendment of regulation 6
6
In paragraphs (2)(a) and (3)(b) of regulation 6, for “section 842AA(2)” substitute “section 274”.
Amendment of regulation 8
7
In paragraph (3) of regulation 8 (transfer of investments in specie from a VCT-in-liquidation to a venture capital trust), for “paragraphs 1(2)(b) and 6 to 8 of Schedule 28B” substitute “sections 286(2)(b), 287, 293, 294, 297 and 331(2) and (3)”.
Amendment of regulation 9
8
In regulation 9 (mergers of venture capital trusts) —
1
in each place where it appears —
a
for “paragraph 10(1) merger” substitute “section 323(1) merger”, and
b
for “paragraph 10(2) merger” substitute “section 323(2) merger”.
2
In paragraph(3)(f) for “paragraph 10(1)(b)(ii) or 10(2)(b)(ii) of Schedule 33” substitute “section 323(1)(b)(ii) or section 323(2)(b)(ii)”.
Amendment of regulation 11
9
In regulation 11, for “Part 1 of Schedule 15B” substitute “Chapter 2 of Part 6” and for “that Schedule” substitute “that Chapter”.
Amendment of regulation 12
10
In paragraph (1) of regulation 12 —
a
for “70% test” substitute “70% tests”,
b
for “section 842AA(2)(a)” substitute “section 274(2)”,
c
for “Schedule 28B” substitute “Chapter 4 of Part 6”, and
d
for “section 842AA(5B)” substitute “section 280(2)”.
Amendment of regulation 13
11
1
Regulation 13 is amended as follows.
2
In paragraph (3) —
a
for “Schedule 15B”, the first time it appears, substitute “Chapter 2 of Part 6”; and
b
for “Part 1 of Schedule 15B” in sub-paragraph (b), substitute “Chapter 2 of Part 6”.
3
In paragraph (5), for “any of the paragraphs of Schedule 28B (except paragraph 9)” substitute “Chapter 4 of Part 6 (except section 296(1) and (2))”.
4
In paragraph (6) —
a
for “paragraph 9 of Schedule 28B” substitute “section 296(1) and (2)”; and
b
in sub-paragraph (b) for “that paragraph” substitute “that section”.
5
In paragraph (7), for “section 842AA(2)(b) to (d)” substitute “section 274(2)” and for “in accordance with subsection (5) of that section” substitute “in accordance with that section”.
6
In paragraph (8) —
a
for “paragraph 10B of Schedule 28B” and (in the parentheses) “paragraph 10B” substitute “section 289”, and
b
for “section 842AA(5)” substitute “section 278(1) to (3)”.
7
In paragraph (9) —
a
for “section 842AA(4)” substitute “section 275(1) to (3)”,
b
for “section 842AA” substitute “section 281”,
c
for “subsection (7)” substitute “subsection (2)”, and
d
for “subsections (8) and (9)”, in both places where it occurs, substitute “subsections (3) and (4)”.
Amendment of regulation 14
12
1
Regulation 14 (limiting the operation of section 842AA(5B)) is amended as follows.
2
For the heading before the regulation substitute “Limiting the operation of section 280”.
3
In paragraph (1), for “section 842AA(5B)” substitute “section 280(2)” and for “(5A)” substitute “(1)”.
4
In paragraph (4), for “section 842AA(5B)” substitute “section 280(2)”.
5
In paragraph (5), for “section 842AA(2)(b) and (c)” substitute “section 274”.
6
In paragraphs (1) and (5), for “70% test” substitute “70% tests”.
Substitution of references to “Board” for references to “Commissioners”
13
1
Substitute “Commissioners” for “Board” in each place in which the word appears in the following.
2
Regulation 3(1), 9(1), 9(3) (twice), 10(1) (four times), 10(2), 10(3) (three times), 10(4) (twice), 10(5), 14(2)(b)(i) and in the heading immediately before regulation 10.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011


text:
Citation and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2011 and comes into force on 14th December 2011.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972.
Designation in relation to discrimination
2
The Treasury is designated in relation to discrimination.
Relationship with other designations
3
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
3
In this article —
“Minister or department” means a Minister of the Crown or government department, including a Northern Ireland department;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011.
2
These Regulations shall come into force on 6th April 2011 and shall have effect in relation to payments of statutory maternity pay made on or after that date.
3
In these Regulations —
“the principal GB Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 ;
“the principal NI Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland) 1994 .
Amendment of the principal GB Regulations
2
In regulation 3 (determination of the amount of additional payment to which a small employer shall be entitled) of the principal GB Regulations —
a
for “6th April 2002” there shall be substituted “6th April 2011”; and
b
for “4.5 per cent.” there shall be substituted “3.0 per cent.”.
Amendment of the principal NI Regulations
3
In regulation 3 (amount of additional payment to which a small employer shall be entitled) of the principal NI Regulations —
a
for “6th April 2002” there shall be substituted “6th April 2011”; and
b
for “4.5 per cent.” there shall be substituted “3.0 per cent.”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Minister for Disabled People
Department for Work and Pensions
8th March 2011
The Commissioners for Her Majesty’s Revenue and Customs hereby concur.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2011


text:
PART 1 General
Citation and commencement
1
This Order may be cited as the Greater Manchester Combined Authority Order 2011 and shall come into force on 1st April 2011.
Interpretation
2
In this Order —
“the 2009 Act ” means the Local Democracy, Economic Development and Construction Act 2009;
“combined area” means the area consisting of the areas of the constituent councils;
“constituent councils” means the metropolitan district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, and Wigan;
“the Executive” has the meaning given by article 9(1);
“financial year” means the period of 12 months ending with 31st March in any year;
“the GMCA ” has the meaning given by article 3(2); and
“the ITA ” means the Greater Manchester Integrated Transport Authority .
PART 2 Establishment of a Combined Authority for Greater Manchester
Establishment
3
1
There is established a combined authority for the combined area.
2
The combined authority is to be a body corporate and to be known as the Greater Manchester Combined Authority (“the GMCA”).
3
The functions of the GMCA are those functions conferred or imposed upon it by this Order or by any other enactment (whenever passed or made), or as may be delegated to it by this Order or any other enactment (whenever passed or made).
Constitution
4
Schedule 1 (which makes provision about the constitution of the GMCA) has effect.
Funding
5
1
The constituent councils must meet the costs of the GMCA reasonably attributable to the exercise of its functions relating to economic development and regeneration.
2
The amount payable by each of the constituent councils is to be determined by apportioning the costs of the GMCA referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated by the Registrar General.
3
For the purposes of paragraph (2) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years previously.
PART 3 Transport
Abolition and transfer of functions
6
1
The Greater Manchester integrated transport area is dissolved and the ITA is abolished.
2
On the abolition of the ITA —
a
its functions; and
b
its property, rights and liabilities
are transferred to the GMCA.
Adaptation of enactments
7
1
This article has effect in consequence of article 6.
2
In any enactment (whenever passed or made) —
a
any reference to an integrated transport area; or
b
any reference which falls to be read as a reference to such an area,
is to be treated as including a reference to the combined area.
3
In any enactment (whenever passed or made) —
a
any reference to an integrated transport authority; or
b
any reference which falls to be read as a reference to such an authority,
is to be treated as including a reference to the GMCA.
4
Schedule 2 (which amends section 9 of the Transport Act 1968 in consequence of article 6) has effect, but this does not affect the generality of paragraphs (2) and (3).
Delegation of certain transport functions
8
1
There are delegated to the GMCA the functions of the constituent councils —
a
under section 65 (placing of traffic signs) of the Road Traffic Regulation Act 1984 so far as it relates to traffic signs that are traffic light signals;
b
under section 23 of that Act (pedestrian crossings) so far as it relates to Pelican and Puffin crossings as defined by regulation 3(1) of the Zebra, Pelican and Puffin Crossings Regulations 1997 ; and
c
under section 2 of the Road Traffic Reduction Act 1997 (duty of principal councils to make reports).
2
In consequence of subparagraphs (a) and (b) of paragraph (1) the GMCA, in the discharge of the functions delegated to it by those provisions, is to be treated as a highway authority for the purposes of sections 62 and 278 of the Highways Act 1980 .
3
In this article “traffic light signal” means a traffic sign of the size, colour and type prescribed by regulation 33, 34, 37, 39, 41, 44, 45, 46, 47, 48, 49 or 52 of the Traffic Signs Regulations 2002 or another traffic sign of a like nature prescribed by those Regulations as from time to time amended or by any regulations for the time being replacing those Regulations.
4
The costs incurred by the GMCA in discharging the functions delegated to it by this article shall, except so far as the constituent councils agree otherwise, be defrayed by the GMCA.
5
The costs so defrayed shall, for the purposes of section 74(10) of the Local Government Finance Act 1988 , fall to be treated as expenses attributable to the exercise of the GMCA’s functions relating to transport.
6
The functions delegated by paragraph (1) are not exercisable by the constituent councils either concurrently or instead of the GMCA, except so far as the GMCA sub-delegates any such function back to a constituent council.
7
In the application of section 101 of the Local Government Act 1972 (arrangements for the discharge of functions) to the GMCA the functions delegated to the GMCA by paragraph (1) are to be treated as if they were functions of the GMCA.
Passenger Transport Executive
9
1
In this article “the Executive” means the Greater Manchester Passenger Transport Executive established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 .
2
The Executive is to be an executive body of the GMCA for the purposes of Part 5 of the Local Transport Act 2008 and Part 6 of the 2009 Act and is to be known as “Transport for Greater Manchester”.
3
In the application of section 101 of the Local Government Act 1972 (arrangements for the discharge of functions) to the GMCA the Executive is to be treated as if it were an officer of the GMCA.
4
Where arrangements are in force for the discharge of functions of a constituent council by the GMCA by virtue of —
a
section 101(1)(b) of the Local Government Act 1972; or
b
section 19 of the Local Government Act 2000 and regulation 7 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 ,
the Executive is to be treated as if it were an officer of the GMCA for the purposes of section 101 of the Act of 1972 and for the purposes of those Regulations.
5
The Executive has power to discharge any function which is the subject of arrangements entered into with it by virtue of paragraph (3) or (4).
PART 4 Additional Functions
Economic development and regeneration functions
10
1
The functions of the constituent councils set out in Schedule 3 to this Order are exercisable by the GMCA in relation to its area.
2
The functions are exercisable concurrently with the constituent councils.
3
Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the GMCA.
Incidental provisions
11
The following provisions shall have effect as if the GMCA were a local authority for the purposes of these provisions —
a
section 142(2) of the Local Government Act 1972 (the power to arrange for publication of information etc. relating to the functions of the authority); and
b
section 222 of the Local Government Act 1972 (the power to instigate and defend legal proceedings).
12
1
The GMCA shall have the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985 (research and collection of information) whether or not a scheme is made under that section.
2
For the purposes of paragraph (1) of this article, paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 shall have effect as if a reference to “that area” were a reference to the combined area.
13
Section 13 of the Local Government and Housing Act 1989 shall have effect as if —
a
in subsection (4), after paragraph (e) there were inserted —
ea
subject to subsection (4A), a committee appointed by the Greater Manchester Combined Authority;
; and
b
after subsection (4) there were inserted —
4A
A person who is a member of a committee falling within paragraph (ea) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless he is a member of one of the constituent councils as defined by article 2 of the Greater Manchester Combined Authority Order 2011.
.
14
The Apprenticeships, Skills, Children and Learning Act 2009 shall have effect as if the GMCA were a local authority for the purposes of section 61(1)(c) and section 84(2).
PART 5 Supplementary
Transfer of the Commission for the New Economy etc
15
1
The GMCA is to become a member of the Commission for the New Economy Limited and Manchester Investment and Development Agency Service Limited, companies limited by guarantee and registered in England with company numbers 05678007 and 3323710.
2
The constituent councils are to cease to be members of those companies.
Scheme for transfer of property etc.
16
1
Each constituent council must make a scheme for the transfer of its property, rights and liabilities to the GMCA or to the Executive, or to the GMCA and the Executive, as soon as reasonably practicable.
2
The property, rights and liabilities that are to be the subject of the scheme are those relating to the transport functions of each constituent council delegated to the GMCA by article 8 of this Order.
3
Any transfers by the scheme are to take effect on such date as may be specified in the scheme.
4
The requirement in paragraph (1) may be fulfilled by a scheme or schemes made jointly by two or more of the constituent councils.
Continuity
17
1
None of the following, that is to say —
a
anything in article 6 or 7;
b
the transfer or delegation, by this Order or a scheme made under it, of the functions, property, rights or liabilities of the ITA or of a constituent council to the GMCA or the Executive,
affects the validity of anything done by or in relation to the ITA or the constituent council before the date on which the transfer or delegation takes effect.
2
There may be continued by or in relation to the GMCA or the Executive anything (including legal proceedings) which —
a
relates to any of the functions, property, rights or liabilities transferred or delegated; and
b
is in process of being done by or in relation to the ITA or constituent council immediately before the transfer or delegation takes effect.
3
Anything which —
a
was made or done by or in relation to the ITA or constituent council for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred or delegated; and
b
is in effect immediately before the transfer or delegation takes effect,
has effect as if made or done by or in relation to the GMCA or the Executive.
4
The GMCA or the Executive shall be substituted for the ITA or the constituent councils in any instruments, contracts or legal proceedings which —
a
relate to any of the functions, property, rights or liabilities transferred or delegated; and
b
are made or commenced before the transfer or delegation takes effect.
5
A reference in this article to anything made or done by or in relation to the ITA or a constituent council includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the ITA or constituent council.
6
Without prejudice to the generality of this article a levy issued by the ITA under section 74 of the Local Government Finance Act 1988 and in accordance with the Transport Levying Bodies Regulations 1992 to the constituent councils in respect of the financial year beginning 1st April 2011 is to have effect for that year as if it had been so issued by the GMCA.
Signed on behalf of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
22nd March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil and Biofuels (Road Fuel in Defined Areas) (Reliefs) Regulations 2011 and come into force on 1st January 2012.
Interpretation
2
In these Regulations —
“defined area” means —
the Inner and Outer Hebrides;
the Northern Isles;
the Islands of the Clyde; and
the Isles of Scilly;
“qualified claimant” has the meaning given in regulation 3;
“qualifying fuel” means —
hydrocarbon oil charged with a duty of excise under section 6(1A)(a) or (c) of the Hydrocarbon Oil Duties Act 1979 ;
biodiesel charged with a duty of excise under section 6AA of that Act;
bioblend charged with a duty of excise under section 6AB of that Act; and
bioethnanol blend charged with a duty of excise under section 6AE of that Act,
and in relation to which the duty charged has been paid.
Qualified claimant
3
A person is a qualified claimant if that person —
a
supplies qualifying fuel by retail sale from premises situated in a defined area; and
b
has notified the Commissioners of that fact and is registered by them to make a claim for relief.
Relief
4
Relief is allowed in accordance with these Regulations if a quantity of qualifying fuel has been purchased by a qualified claimant to be supplied by that person for use as fuel in a road vehicle.
Amount and form of relief
5
The amount of the relief shall be 5 pence per litre and shall be in the form of a repayment by the Commissioners to the qualified claimant.
Application for relief
6
1
Relief is allowed only upon the written application of a qualified claimant.
2
Each application must contain the particulars specified in the Schedule and be made on a form provided by the Commissioners for the purpose.
3
The qualified claimant must sign and date the form and declare that the information provided on it is true and complete.
4
An application must be made no later than 30 days after the end of the month to which it relates.
Conditions
7
1
Relief is allowed subject to the following conditions.
2
The qualified claimant must —
a
if so required by the Commissioners, provide to their satisfaction evidence of the purchase of the qualifying fuel in relation to which any application for relief is made;
b
give to the person to whom the qualifying fuel is supplied for use in a road vehicle a reduction in the price per litre that is equivalent to the relief per litre that has been claimed (or will be claimed) on it;
c
keep and preserve such records as the Commissioners may specify.
3
The condition in paragraph (2)(b) does not apply in relation to any qualifying fuel that is supplied in the period of 60 consecutive days commencing with the day on which the qualified claimant is first registered to make a claim for relief.
Cancellation of Relief
8
1
If there is a failure to comply with any condition imposed by regulation 7 the relief allowed shall be cancelled.
2
Where any relief is cancelled, any person who is a qualified claimant in relation to the application for relief shall, on demand, be liable to repay the amount of the relief.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
7th December 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No.6) Order 2011 and shall come into force on 9th November 2011.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 substitute the Schedule set out in Schedule 1 to this Order.
3
The instruments listed in Schedule 2 to this Order are revoked.
Damian Green
Minister of State
Home Office
18th October 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011 and shall come into force on 1st April 2011.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.
Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
2
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 —
a
in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,649” substitute “£2,731”;
b
in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,478” (in both places) substitute “£5,648”; and
c
for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
31st March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 and come into force on 26th August 2011.
Amendments to the Railways and Other Guided Transport Systems (Safety) Regulations 2006
2
1
The Railways and Other Guided Transport Systems (Safety) Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation and application), in paragraph (1) —
a
for the definition of “the Directive” substitute —
“the Directive” means Directive 2004/49/ EC of the European Parliament and of the Council on safety on the Community’s railways as amended by the Interoperability Directive, Directive 2008/110/EC of the European Parliament and of the Council on safety on the Community’s railways and Commission Directive 2009/149/EC on Common Safety Indicators and common methods to calculate accident costs;
;
b
after the definition of “engineering possession” insert —
“entity in charge of maintenance” means an entity in charge of maintenance of a vehicle, and includes a transport undertaking, an infrastructure manager or a keeper;
;
c
after the definition of “infrastructure manager” insert —
“Interoperability Directive” means Directive 2008/57/EC of the European Parliament and of the Council of 17 th June 2008 on the interoperability of the rail system within the Community (Recast) ;
;
d
after the definition of “Interoperability Regulations” insert —
“keeper” means the person who, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as being the keeper in the National Vehicle Register;
;
e
after the definition of “mainline railway system” insert —
“maintenance file” means the written file that contains all the technical and management information that is necessary to carry out the maintenance of a vehicle;
“maintenance rules” means any rules, applicable to the whole of Great Britain, which set out requirements relating to the maintenance of vehicles;
;
f
after the definition of “national safety rules” insert —
“National Vehicle Register” means the register of vehicles authorised in Great Britain, required by regulation 33 of the Interoperability Regulations ;
;
g
after the definition of “operator of last resort” insert —
“owner”, in relation to a vehicle, means any person who has an estate or interest in, or a right over, that vehicle, and whose permission is needed before another may use it;
;
h
after the definition of “Part B of a safety certificate” insert —
“placed in service” means when a vehicle, having been constructed, upgraded or renewed, is first operated in the transportation of passengers or freight, and in ascertaining when this takes place no regard shall be had to any trials or testing that takes place to the relevant vehicle, and cognate expressions shall be construed accordingly;
;
i
after the definition of “station” insert —
“subsystem” has the same meaning as in the Interoperability Directive;
;
j
in the definition of “technical specifications for interoperability” —
i
at the end of paragraph (a) of the definition, omit “or”;
ii
at the end of paragraph (b) of the definition, insert —
; or
Article 6.1 of the Interoperability Directive
;
k
for the definition of “vehicle” substitute —
“vehicle” —
a
includes a mobile traction unit; and
b
in respect of the mainline railway, means a vehicle that runs on its own wheels on railway lines of a gauge of at least 350 millimetres, with or without traction, and is composed of one or more structural and functional subsystems or parts of such subsystems;
.
3
In regulation 5 (safety management system for the mainline railway) omit paragraph (6).
4
In regulation 6 (safety management system for other transport systems) omit paragraph (5).
5
After regulation 18 (notification to the European Railway Agency regarding safety certificates and safety authorisations relating to the mainline railway), insert —
Maintenance of vehicles on the mainline railway
18A
1
No person may place in service or use a vehicle on the mainline railway unless that vehicle has an entity in charge of maintenance assigned to it, and that entity in charge of maintenance is registered as such in the National Vehicle Register.
2
Each entity in charge of maintenance must ensure, by means of a system of maintenance, that a vehicle for which it is in charge of maintenance is in a safe state of running.
3
The requirement for a system of maintenance referred to in paragraph (2) is that a vehicle must be maintained in accordance with —
a
the maintenance file for the vehicle;
b
applicable maintenance rules; and
c
applicable TSIs.
.
6
In regulation 20 (annual safety reports), in paragraph (1)(c), for “paragraphs 1(1)(a)(vii), 1(1)(b)(v) and 3”, substitute “2(1)(a)(vi), 2(1)(b)(v) and 6 of Part 1 (common safety indicators)”.
7
In regulation 23 (interpretation and application of Part 4), in paragraph (1) —
a
in the definition of “safety critical work”, omit “or voluntary work”;
b
omit “and” immediately following that definition; and
c
at the end of the definition of “telecommunications system”, add —
; and
“work” includes voluntary work
.
8
In regulation 27 (appeals) —
a
after paragraph (4), insert —
4A
A hearing held by a person appointed in pursuance of paragraph (2) shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council).
;
b
in paragraph (6), for “Minister for the Civil Service” substitute “Treasury”; and
c
in paragraph (8), for “sub-section (1) of the said section 44” substitute “section 44(1) of the Health and Safety at Work etc. Act 1974 ”.
9
In regulation 31 (defence of due diligence), in paragraph (1), for “regulation 5(4) or 6(4)” substitute “regulation 5(4), 6(4) or 18A(2)”.
10
After regulation 34 (revocation), insert —
Review
34A
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which the Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
.
11
In paragraph 2 of Part 1 of Schedule 2 (application for a safety certificate) —
a
for “Railways (Interoperability) (High-Speed) Regulations 2002 (“ 2002 Regulations ”)” substitute “Interoperability Regulations”; and
b
for “2002 Regulations”, in the second place where that expression occurs, substitute “Interoperability Regulations”.
12
For Schedule 3 (common safety indicators) substitute —
SCHEDULE 3
COMMON SAFETY INDICATORS
Regulation 20(1)(c)
( This Schedule substantially reproduces, with minor modifications, the provisions of Annex I to the Directive and its Appendix )
Part 1 COMMON SAFETY INDICATORS
Interpretation
1
In this Part, the definitions for the common safety indicators and the methods used to calculate the economic impact of accidents in Part 2 apply.
Indicators relating to accidents
2
1
Total and relative, to train-kilometres, number of —
a
significant accidents and a break-down of the following types of accidents —
i
collisions of trains, including collisions with obstacles within the clearance gauge;
ii
derailments of trains;
iii
level crossing accidents which includes accidents involving persons at level crossings;
iv
accidents to persons caused by rolling stock in motion, except for suicides;
v
fires in rolling stock; and
vi
any other types of accidents,
and each significant accident shall be reported under the heading of the primary accident even where the consequences of any secondary accident are more severe, such as where a fire follows a derailment;
b
persons seriously injured or killed by type of accident divided into the following categories —
i
passengers;
ii
persons carrying out work or voluntary work directly in relation to the operation;
iii
level crossing users;
iv
unauthorised persons on premises of the transport system; and
v
any other types of person,
and the number of passengers seriously injured or killed shall also be indicated in relation to the total number of passenger-kilometres.
2
The provisions of Regulation 91/2003 of the European Parliament and the Council on rail transport statistics shall be applied to any information provided under this paragraph.
Indicators relating to dangerous goods
3
Total and relative, to train-kilometres, number of accidents involving the transport of dangerous goods —
a
involving at least one vehicle transporting dangerous goods; and
b
number of such accidents in which dangerous goods are released.
Indicators relating to suicides
4
Total and relative, to train-kilometres, number of suicides.
Indicators relating to precursors of accidents
5
Total and relative, to train-kilometres, number of —
a
broken rails;
b
buckled rails;
c
wrong-side signalling failures;
d
signals passed at danger; and
e
broken wheels and axles on vehicles in service,
and all such precursors are to be reported, whether or not they result in accidents and where they result in a significant accident, they shall be reported under paragraph 2 of this Part of Schedule 3.
Indicators to calculate the economic impact of accidents
6
1
Total in Euros and relative, to train-kilometres —
a
number of deaths and serious injuries multiplied by the Value of Preventing a Casualty ( VPC );
b
cost of damage to the environment;
c
cost of material damage to rolling stock or infrastructure;
d
cost of delays as a consequence of accidents.
2
Each annual safety report submitted by the Office of Rail Regulation in accordance with regulation 20(3) shall include the economic impact of significant accidents only.
3
The VPC is the value society attributes to the prevention of a casualty but is not intended to be used as a reference for the assessment of compensation between parties involved in accidents.
Indicators relating to technical safety of infrastructure and its implementation
7
The —
a
percentage of tracks with a train protection system, within the meaning of regulation 2(1) of the Railway Safety Regulations 1999 , in operation;
b
percentage of train-kilometres with a train protection system falling within paragraph (a) in operation;
c
number of (total per line-kilometre and per track-kilometre) —
i
active level crossings with —
aa
automatic user-side warning;
bb
automatic user-side protection;
cc
automatic user-side protection and warning;
dd
automatic user-side protection and warning, and rail-side protection;
ee
manual user-side warning;
ff
manual user-side protection;
gg
manual user-side protection and warning; and
ii
passive level crossings.
Indicators relating to management of safety
8
Internal audits carried out by transport operators pursuant to the procedures referred to in paragraph 2(k) of Schedule 1 and the number of such audits which have been carried out and that number expressed as a percentage of the audits which were planned for that year.
PART 2 COMMON DEFINITIONS AND METHODS TO CALCULATE THE ECONOMIC IMPACT OF ACCIDENTS
Indicators relating to accidents
1
1
“Significant accident” means any accident involving at least one rail vehicle in motion, resulting in at least one killed or seriously injured person, or in significant damage to stock, track, other installations or environment, or extensive disruptions to traffic. Accidents in workshops, warehouses and depots are excluded.
2
“Significant damage to stock, track, other installations or environment” means damage that is equivalent to €150,000 or more.
3
“Extensive disruptions to traffic” means that train services on a main railway line are suspended for six hours or more.
4
“Train” means one or more railway vehicles hauled by one or more locomotives or railcars, or one railcar travelling alone, running under a given number or specific designation from an initial fixed point to a terminal fixed point. A light engine, i.e. a locomotive travelling on its own, is considered to be a train.
5
“Collision of trains, including collisions with obstacles within the clearance gauge” means a front to front, front to end or a side collision between a part of a train and a part of another train, or with —
a
shunting rolling stock; or
b
objects fixed or temporarily present on or near the track (except at level crossings if lost by a crossing vehicle or user).
6
“Train derailment” means any case in which at least one wheel of a train leaves the rails.
7
“Level crossing accidents” means accidents at level crossings involving at least one railway vehicle and one or more crossing vehicles, other crossing users such as pedestrians or other objects temporarily present on or near the track if lost by a crossing vehicle/user.
8
“Accidents to persons caused by rolling stock in motion” means accidents to one or more persons who are either hit by a railway vehicle or by an object attached to, or that has become detached from, the vehicle. Persons who fall from railway vehicles are included, as well as persons who fall or are hit by loose objects when travelling on board vehicles.
9
“Fires in rolling stock” means fires and explosions that occur in railway vehicles (including their load) when they are running between the departure station and the destination, including when stopped at the departure station, the destination or intermediate stops, as well as during re-marshalling operations.
10
“Other types of accidents” means all accidents other than those already mentioned (train collisions, train derailments, at level crossing, to persons caused by rolling stock in motion and fires in rolling stock).
11
“Passenger” means any person, excluding members of the train crew, who makes a trip by rail. For accident statistics, passengers trying to embark/disembark onto/from a moving train are included.
12
“Employees (staff of contractors and self-employed contractors are included)” means any person whose employment is in connection with a railway and is at work at the time of the accident. It includes the crew of the train and persons handling rolling stock and infrastructure installations.
13
“Level crossing users” means all persons using a level crossing to cross the railway line by any means of transport or by foot.
14
“Unauthorised persons on railway premises” means any person present on railway premises where such presence is forbidden, with the exception of level crossing users.
15
“Others (third parties)” means all persons not defined as “passengers”, “employees including the staff of contractors”, “level crossing users” or “unauthorised persons on railway premises”.
16
“Deaths (killed person)” means any person killed immediately or dying within 30 days as a result of an accident, excluding suicides.
17
“Injuries (seriously injured person)” means any person injured who was hospitalised for more than 24 hours as a result of an accident, excluding attempted suicides.
Indicators relating to dangerous goods
2
1
“Accident involving the transport of dangerous goods” means any accident or incident that must be reported in accordance with RID section 1.8.5., as revised or reissued from time to time.
2
“Dangerous goods” means those substances and articles the carriage of which is prohibited by RID, or authorised only under the conditions prescribed therein.
3
In this paragraph “RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail as adopted under Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods.
Indicators relating to suicides
3
“Suicide” means an act to deliberately injure oneself resulting in death, as recorded and classified by the Railway Safety and Standards Board.
Indicators relating to precursors of accidents
4
1
“Broken rails” means any rail which is separated in two or more pieces, or any rail from which a piece of metal becomes detached, causing a gap of more than 50mm in length and more than 10mm in depth on the running surface.
2
“Track buckles” means faults related to the continuum and the geometry of track, requiring track obstruction or immediate reduction of permitted speed to maintain safety.
3
“Wrong side signalling failure” means any failure of a signalling system (either to infrastructure or to rolling stock), resulting in signalling information less restrictive than that demanded.
4
“Signal passed at danger ( SPAD )” means any occasion when any part of a train proceeds beyond its authorised movement to an unauthorised movement;
“unauthorised movement” means to pass —
a trackside colour light signal or semaphore at danger, order to STOP, where an Automatic Train Control System ( ATCS ) or train protection system (as described in paragraph 7(a) of Part 1 of this Schedule) is not operational;
the end of a safety related movement authority provided in an ATCS or train protection system;
a point communicated by verbal or written authorisation laid down in regulations; or
stop boards (buffer stops are not included) or hand signals,
but excludes cases in which —
e
vehicles without any traction unit attached or a train that is unattended run away past a signal at danger; or
f
for any reason, the signal is not turned to danger in time to allow the driver to stop the train before the signal.
(The Office of Rail Regulation may report separately on items (a) to (d) and shall report at least an aggregate indicator containing data on all four items).
5
“Broken wheels and broken axles” means a break affecting the essential parts of the wheel or the axle and creating a risk of accident (derailment or collision).
Common methodologies to calculate the economic impact of accidents
5
1
The Value of Preventing a Casualty (VPC) is composed of —
a
value of safety per se : Willingness to Pay ( WTP ) values based on stated preference studies carried out in Great Britain;
b
direct and indirect economic costs, appraised in Great Britain, composed of —
i
medical and rehabilitation costs;
ii
legal and court costs, police, private crash investigations and emergency service costs and administrative costs of insurance;
iii
production losses: value to society of goods and services that could have been produced by the person if the accident had not occurred.
2
Common principles to appraise the value of safety per se and direct / indirect economic costs —
a
for the value of safety per se , the assessment of whether available estimates are appropriate or not shall be based on the following considerations —
i
estimates shall relate to a system for valuation of mortality risk reduction in the transport sector and follow a WTP approach according to stated preference methods;
ii
the respondent sample used for the values shall be representative of the population concerned. In particular, the sample has to reflect the age / income distribution along with other relevant socio-economic / demographic characteristics of the population;
iii
method for eliciting WTP values: survey design shall be such that questions are clear / meaningful to respondents;
b
direct and indirect economic costs shall be appraised on the basis of the real costs borne by society.
3
“Cost of damage to environment” means costs that are to be met by transport undertakings or infrastructure managers, appraised on the basis of their experience, in order to restore the damaged area to its state before the railway accident.
4
“Cost of material damage to rolling stock or infrastructure” means the cost of providing new rolling stock or infrastructure, with the same functionalities and technical parameters as that damaged beyond repair, and the cost of restoring repairable rolling stock or infrastructure to its state before the accident. Both are to be estimated by transport undertakings or infrastructure managers on the basis of their experience. Also includes costs related to leasing rolling stock, as a consequence of non availability due to damaged vehicles.
5
“Cost of delays as a consequence of accidents” means the monetary value of delays incurred by users of rail transport (passengers and freight customers) as a consequence of accidents, and is calculated by the following model —
VT = monetary value of travel time savings
Value of time for a passenger of a train (an hour)
VT p = [VT of work passengers]*[Average percentage of work passengers per year] + [VT of non-work passengers]*[Average percentage of non-work passengers per year]
VT measured in EUR per passenger per hour
Value of time for a freight train (an hour)
VT F = [VT of freight trains]*[(Tonne-Km)/(Train-Km)]
VT is measured in EUR per freight tonne per hour
Average tonnes of goods transported per train in one year = (Tonne-Km)/(train-Km)
C m = Cost of 1 minute of delay of a train
Passenger train
C MP = K 1 *(VT p /60)*[(Passenger-Km)/(Train Km)]
Average number of passengers per train in one year = (Passenger-Km)/(Train Km)
Freight train
C MF = K 2 * (VT F /60)
Factors K 1 and K 2 are between the value of time and the value of delay, as estimated by stated preference studies, to take into account that the time lost as a result of delays is perceived significantly more negatively than normal travel time.
Cost of delays of an accident = C MP *(Minutes of delay of passenger trains) + C MF *(Minutes of delay of freight trains)
Scope of the model
Cost of delays is to be calculated for all accidents, both significant and non-significant.
Delays are to be calculated as follows:
real delays on the railway lines where accidents occurred,
real delays or, if not possible, estimated delays on the other affected lines.
Indicators relating to technical safety of infrastructure and its implementation
6
1
“Automatic Train Protection” means a system that enforces obedience to signals and speed restrictions by speed supervision, including automatic stop at signals.
2
“Level crossing” means any level intersection between the railway and a passage, as recognised by the infrastructure manager and open to public or private users. Passages between platforms within stations are excluded, as well as passages over tracks for the sole use of employees.
3
“Passage” means any public or private road, street or highway, including footpaths and bicycle paths, or other route provided for the passage of people, animals, vehicles or machinery.
4
“Active level crossing” means a level crossing where the crossing users are protected from or warned of the approaching train by the activation of devices when it is unsafe for the user to traverse the crossing, as follows —
a
protection by the use of physical devices, including half or full barriers or gates;
b
warning by the use of fixed equipment at level crossings, including lights, audible devices such as bells, horns or klaxons and physical devices such as vibration due to road bumps;
active level crossings are classified as —
c
“level crossing with crossing-user-side automatic protection and/or warning” which means a level crossing where the crossing protection and/or warning are activated by the approaching train. These level crossings are classified as —
i
automatic user-side warning;
ii
automatic user-side protection;
iii
automatic user-side protection and warning;
iv
automatic user-side protection and warning, and rail-side protection; “rail-side protection” means a signal or other train protection system that only permits a train to proceed if the level crossing is user-side protected and free from incursion; such freedom from incursion to be achieved by means of surveillance and/or obstacle detection;
d
“level crossing with crossing-user-side manual protection and/or warning” which means a level crossing where protection and/or warning is manually activated and there is not an interlocked railway signal showing, to the train, a running aspect only when protection and/or warning of level crossing are activated. These level crossings are classified as —
i
manual user-side warning;
ii
manual user-side protection;
iii
manual user-side protection and warning.
5
“Passive level crossing” means a level crossing without any form of warning system and/or protection activated when it is unsafe for the user to traverse the crossing.
Indicators relating to the management of safety
7
“Audit” means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
Definitions of the scaling bases
8
1
“Train-kilometre” (train-km) means the unit of measure representing the movement of a train over one kilometre. The distance used is the distance actually run, if available, otherwise the standard network distance between the origin and destination shall be used.
2
“Passenger-kilometre” (passenger-km) means the unit of measure representing the transport of one passenger by rail over a distance of one kilometre.
3
“Line-kilometre” (line-km) means the length measured in kilometres of the railway to which these Regulations apply. For multiple-track railway lines, only the distance between origin and destination is to be counted.
4
“Track-kilometre” (track-km) means the length measured in kilometres of the railway, to which these Regulations apply. Each track of a multiple-track railway line is to be counted.
.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
25th July 2011


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as the Uplands Transitional Payment Regulations 2011 and come into force on 17th February 2011.
2
These Regulations, except for regulation 9, apply only in England.
Interpretation
2
In these Regulations —
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for uplands transitional payment made in a single payment scheme application;
“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 or the Commons Act 2006 ;
“Council Regulation 1257/1999” means Council Regulation ( EC ) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 73/2009” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005 , (EC) No 247/2006 , (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 ;
“CSS Agreement” means an agreement made under regulation 3(1) of the Countryside Stewardship Regulations 2000 ;
“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;
“the England LFA maps” means the four volumes of maps numbered 1 to 4, each volume being marked “Less Favoured Area Map of England 2009”, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“ESA Agreement” means an agreement made under section 18(3) of the Agriculture Act 1986 ;
“ewe” means a female sheep which was at least one year old on 1st January 2011, or had lambed by that date;
“forage area” has the same meaning as in Article 2(k) of Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation 73/2009 ;
“holding” has the same meaning as in Article 2(b) of Council Regulation 73/2009;
“individual quota” has the same meaning as in Article 65(i) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“moorland” means all the land shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“qualifying forage area” means the claimed forage area or, where deductions are made under Schedule 2 (availability of individual quotas: deductions from claimed forage area), such part of that area as remains following those deductions;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;
“relevant animal” means, in relation to a claimant, a breeding cow or ewe determined as a relevant animal in accordance with Schedule 1 (relevant animals);
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 73/2009;
“single payment scheme application” means an application to the single payment scheme submitted in 2010 in accordance with Article 19 of Council Regulation 73/2009 and Title II of Part II of Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation 73/2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ;
“suckler cow” has the same meaning as in Article 109(d) of Council Regulation 73/2009;
“uplands transitional payment” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999.
Uplands transitional payment
3
1
The Secretary of State must pay an uplands transitional payment for 2011 to a claimant who is eligible under regulation 4.
2
The Secretary of State must only make such a payment in respect of eligible forage area that does not exceed 700 hectares.
Eligibility for uplands transitional payment
4
1
A claimant who satisfies the conditions in paragraph (2) is eligible for an uplands transitional payment.
2
The conditions are that —
a
the claim relates to at least —
i
ten hectares of severely disadvantaged land, or
ii
one hectare of severely disadvantaged land, where the claimant is eligible for a related less favoured area allowance in another part of the United Kingdom;
b
at least one relevant animal is on land that is —
i
less favoured area, and
ii
in the claimant’s holding;
c
the land referred to in sub-paragraphs (a) and (b) —
i
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2010 to 31st March 2010 inclusive, and
ii
during that seven-month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of at least four months;
d
the claimant farms at least one parcel that is —
i
severely disadvantaged land, and
ii
subject to an ESA Agreement or a CSS Agreement that did not expire before 1st January 2011;
e
the claimant —
i
made an eligible claim for hill farm allowance under the Hill Farm Allowance Regulations 2010 , or
ii
after 10 June 2009 the claimant took over land and an ESA Agreement or a CSS Agreement relating to all or part of that land that did not expire before 1st January 2011; and
f
where all or part of the claim relates to common land, that common land is subject to an ESA Agreement or a CSS Agreement that did not expire before 1st January 2011.
3
But a claimant who is in breach of the agricultural undertaking is not eligible for an uplands transitional payment, unless the Secretary of State considers it reasonable in all the circumstances that the breach should not affect the claimant’s eligibility.
4
A claimant who ceases to farm does not breach the undertaking referred to in paragraph (3) provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
5
Where a holding in respect of which a claim has been made is situated partly outside England, the area of land which must be used for the purposes of agriculture under paragraph (4) is reduced by a percentage equal to the percentage of the land which is outside England.
6
For the purposes of paragraph (2)(c), land is taken to be available to be used for grazing or to have a forage crop taken from it if it is not so available only as a result of an agri-environment agreement.
7
In this regulation —
a
“agricultural undertaking” means the undertaking given by the claimant pursuant to Article 14(2) of Council Regulation 1257/1999 or Article 37(2) of Council Regulation 1698/2005 to pursue farming activity in a less favoured area for at least five years from the date of the first payment to that person in a claim made under these Regulations or any of the Hill Farm Allowance Regulations 2006 to 2010 ;
b
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
c
“agri-environment agreement” means —
i
an agreement made as part of a scheme made under Article 39 of Council Regulation 1698/2005, or
ii
such other agreement involving environmental commitments as the Secretary of State thinks fit;
d
“parcel” means a continuous area of land, declared by one claimant, which does not cover more than one single crop group;
e
“crop group” has the same meaning as in the second sub-paragraph of article 16(1) of Commission Regulation (EC) No 1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005 , as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures .
Payment
5
1
The Secretary of State must pay any uplands transitional payment at the rates specified in this regulation.
2
For the qualifying forage area of severely disadvantaged land which is moorland or common land, the payment rate per hectare is —
a
£14.78 for the first 350 hectares; and
b
£7.39 for the next 350 hectares.
3
For the qualifying forage area of severely disadvantaged land other than severely disadvantaged land which is moorland or common land, the rate payable per hectare is —
a
£39.02 for the first 350 hectares; and
b
£19.51 for the next 350 hectares.
Increase in amount of payment
6
1
The Secretary of State must increase the amount of any payment under regulation 5 by 5% if either condition A or condition B is met, and by 10% if both those conditions are met.
2
Condition A is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with arable crops in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2005.
3
Condition B is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with woodland in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2005.
4
In this regulation —
a
“other financial support” does not include financial support from the single payment scheme;
b
“permanent pasture” means non-rotational land used for sown or natural grass production for periods of five or more years.
Shortfalls and surpluses in the fund
7
1
The Secretary of State may increase the amount of any payment made under these Regulations by up to 10% if the fund available for uplands transitional payment is greater than anticipated because —
a
the amount of eligible forage area in respect of which such payments are payable is smaller than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be greater than anticipated.
2
The Secretary of State may decrease the amount of any payment made under these Regulations by up to 10% if that fund is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such payments are payable is greater than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be smaller than anticipated.
3
Any increase applied under paragraph (1) or decrease applied under paragraph (2) must be applied in the same proportion to each claimant’s payment.
4
The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.
Deductions from claimed forage area
8
Schedule 2 (availability of individual quotas: deductions from claimed forage area) has effect.
Revocation
9
The Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999 and the Hill Livestock (Compensatory Allowances) Regulations 1999 are revoked.
James Paice
Minister of State for Agriculture and Food
Department for Environment, Food and Rural Affairs
24th January 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) (No. 2) Regulations 2011.
2
These Regulations come into force on 6th April 2012.
Amendments to the Social Security Administration Act 1992
2
1
The Social Security Administration Act 1992 is amended as follows.
2
In section 150 (annual up-rating of benefits) in subsection (10A) , after “a member of”, insert “a scheme which was at a time before the abolition date, as defined by section 181(1) of the Pensions Act,”.
3
In section 191 (interpretation – general) —
a
for the definition of “money purchase contracted-out scheme” substitute —
“money purchase contracted-out scheme” is to be construed in accordance with section 181A of the Pensions Act;
, and
b
in the definition of “personal pension scheme” , for “section 7(4)” substitute “section 181A(6)”.
Amendments to the Pensions Act 2008
3
In the Pensions Act 2008 , omit sections 20(2) (quality requirement: UK money purchase schemes) and 26(8) (quality requirement: UK personal pension schemes).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
12th July 2011


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Metropolitan Line S8 Vehicles) Exemption Order 2011 and shall come into force on 14th February 2011.
Interpretation
2
In this Order —
“boarding device requirement” means the requirement to fit a boarding device at wheelchair-compatible doorways set out in paragraph 1(1) of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 ;
“Metropolitan Line” means the London Underground route between Aldgate and Amersham, Chesham, Watford and Uxbridge stations, including platforms 1 and 4 at Neasden and Willesden Green stations;
“MS exempt vehicle” means a rail vehicle of the type known as Metropolitan Line 2010 Tube Stock (S8) and with a number in the series 24001 to 24116;
“step-free access” means access from the station entrance to the platform level without the use of stairs or escalators.
Exemption relating to boarding devices at wheelchair compatible doorways
3
Subject to article 4, an MS exempt vehicle is authorised to be used for carriage on the Metropolitan Line even if it is used in a manner that does not conform with the boarding device requirement, but only in so far as the vehicle is stationary at a station platform named in table 1 in the Schedule.
Expiry
4
The exemption specified in article 3 expires —
a
in relation to Harrow on the Hill station, platform 2, at the end of 30th November 2013;
b
in relation to a station platform named in table 2 in the Schedule, when step-free access is provided to that station platform.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
13th January 2011


text:
Citation and commencement
1
These Regulations may be cited as the National Insurance Contributions Credits (Miscellaneous Amendments) Regulations 2011 and shall come into force on 5th April 2011.
Amendment of the Social Security (Credits) Regulations 1975
2
1
The Social Security (Credits) Regulations 1975 are amended as follows.
2
In regulation 4 (starting credits for the purposes of a retirement pension, a widowed mother’s allowance, a widowed parent’s allowance, a bereavement allowance and a widow’s pension) —
a
at the beginning of paragraph (1), insert “Subject to paragraph (1A),”;
b
after paragraph (1) insert —
1A
For the purposes of entitlement to a Category A or a Category B retirement pension, no contribution shall be credited under this regulation —
a
in respect of any tax year commencing on or after 6th April 2010;
b
in respect of any other tax year, where an application under regulation 9 (application for allocation of national insurance number) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 is made on or after 6th April 2010.
.
3
After regulation 9E (credits for certain spouses and civil partners of members of Her Majesty’s forces) insert —
Credits for persons providing care for a child under the age of 12
9F
1
Subject to paragraphs (2), (5) and (6), the contributor concerned in the case of a benefit listed in paragraph (3) shall be credited with a Class 3 contribution for each week (“the relevant week”) falling after 6th April 2011 during which that contributor satisfied the conditions in paragraph (4).
2
Contributions shall only be credited in so far as is necessary to enable the contributor concerned to satisfy —
a
in relation to a Category A or Category B retirement pension, the contribution condition specified in paragraph 5A(2) of Schedule 3 to the Contributions and Benefits Act;
b
in relation to a widowed parent’s allowance or bereavement allowance, the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Contributions and Benefits Act.
3
This regulation applies to the following benefits —
a
a Category A retirement pension in a case where the contributor concerned attains pensionable age on or after 6th April 2012;
b
a Category B retirement pension payable by virtue of section 48A of the Contributions and Benefits Act in a case where the contributor concerned attains pensionable age on or after that date;
c
a Category B retirement pension payable by virtue of section 48B of that Act in a case where the contributor concerned dies on or after that date without having attained pensionable age before that date;
d
a widowed parent’s allowance payable in a case where the contributor concerned dies on or after that date;
e
a bereavement allowance payable in a case where the contributor concerned dies on or after that date.
4
The conditions are that in the relevant week the contributor concerned —
a
provided care in respect of a child under the age of 12;
b
is, in relation to that child, a person specified in the Schedule (other than a person who is a relevant carer for the purposes of section 23A of the Contributions and Benefits Act); and
c
was ordinarily resident in Great Britain.
5
Only one contributor may be credited with Class 3 contributions under this Regulation in respect of any relevant week.
6
The contributor concerned shall not be credited with Class 3 contributions by virtue of paragraph (1) unless —
a
a person other than that contributor satisfies the conditions in paragraph (7); and
b
an application to the Secretary of State to be so credited is made in accordance with paragraph (8).
7
The conditions are that —
a
child benefit was awarded to that other person in relation to the child for whom, and in respect of the week in which, child care was provided by the contributor concerned; and
b
the aggregate of that other person’s earnings factors, where those earnings factors are derived from so much of that person’s earnings as do not exceed the upper earnings limit and upon which Class 1 contributions have been paid or treated as paid, exceed the qualifying earnings factor for the year in which the relevant week falls.
8
An application under paragraph (6)(b) must —
a
include the name and date of birth of the child cared for;
b
where requested by the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs, include a declaration by the person awarded child benefit in respect of that child that the conditions in paragraph (4) are satisfied;
c
specify the relevant week or weeks in which the child was cared for; and
d
be received after the end of the tax year in which a week, which is the subject of the application, falls.
9
In this regulation, “the contributor concerned” has the meaning given in section 21(5)(a) of the Contributions and Benefits Act.
.
4
At the end of the Regulations insert —
SCHEDULE
Persons who may qualify as carers for a child under the age of 12
Regulation 9F(4)(b)
1
1
Parent.
2
Grandparent.
3
Great-grandparent.
4
Great-great-grandparent.
5
Sibling.
6
Parent’s sibling.
7
Spouse or former spouse of any of the persons listed in sub-paragraphs (1) to (6).
8
Civil partner or former civil partner of any of the persons listed in sub-paragraphs (1) to (6).
9
Partner or former partner of any of the persons listed in sub-paragraphs (1) to (8).
10
Son or daughter of persons listed in sub-paragraphs (5) to (9).
11
In respect of the son or daughter of a person listed in sub-paragraph (6), that person’s —
a
spouse or former spouse;
b
civil partner or former civil partner; or
c
partner or former partner.
2
For the purposes of paragraph 1(5) and (6), a sibling includes a sibling of the half blood, a step sibling and an adopted sibling.
3
For the purposes of paragraph 1(9) and (11)(c), a partner is the other member of a couple consisting of —
a
a man and woman who are not married to each other but are living together as husband and wife; or
b
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.
.
Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations 2010
3
1
The Social Security (Contributions Credits for Parents and Carers) Regulations 2010 are amended as follows.
2
In paragraph (1) of regulation 4 (meaning of “foster parent”) —
a
at the end of sub-paragraph (a) omit “or”;
b
after sub-paragraph (a) insert —
aa
a kinship carer in accordance with Part 5 (kinship care) of the Looked After Children (Scotland) Regulations 2009 ;
;
c
after sub-paragraph (b) insert —
; or
c
a foster parent in accordance with Part 2 (approvals and placements) of the Foster Placement (Children) Regulations (Northern Ireland) 1996
.
Signed by Authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
8th March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No.3) Order 2011.
2
This Order comes into force on 18th October 2011.
3
In this Order —
a
“the 2010 Order ” means the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 ; and
b
a reference to an article by number alone is a reference to the article so numbered in the 2010 Order.
Amendments to the 2010 Order
2
1
Article 15 is amended as follows.
2
In paragraph (1), omit “from a FIT licensee”.
3
Omit paragraphs (2) and (3).
4
In paragraph (4) —
a
in sub-paragraph (a), at the end, omit “; and”; and
b
omit sub-paragraph (b).
3
In article 16, for paragraph (1) substitute —
16
1
Paragraph (2) applies where —
a
the Authority receives notice that an installation which uses an eligible low-carbon energy source (“the existing installation”) has been extended; and
b
either —
i
a request for accreditation of the existing installation as an accredited FIT installation has been refused; or
ii
if a request were made for accreditation of the existing installation, the request would be refused.
.
4
After article 16 insert —
Part 4: interpretation
16A
In this Part, “notice”, in relation to an installation, means a notice given to the Authority by —
a
a FIT licensee; or
b
the owner of the installation.
.
Transitional provision
5
1
Paragraph (2) applies where an installation has been extended as described in paragraph (3) (“Case 1”) or paragraph (4) (“Case 2”).
2
In relation to the accreditation of that extension, article 15 applies as if the amendments made by article 2(3) and (4) of this Order had not been made.
3
Case 1 is that before 18th October 2011 —
a
an extension to an accredited FIT installation has been commissioned; and
b
the Authority or the relevant FIT licensee has received notice of the extension.
4
Case 2 is that —
a
before 18th October 2011 —
i
a request has been made to the Authority, or (in the case of an eligible installation with a total installed capacity not exceeding 50 kW ) a FIT licensee, for accreditation of an eligible installation which has been commissioned;
ii
an extension to that eligible installation has been commissioned; and
iii
the Authority or the FIT licensee has received notice of that extension; and
b
the eligible installation is subsequently accredited as an accredited FIT installation.
5
In this article —
a
the following expressions have the same meanings as in the 2010 Order —
“accreditation”;
“accredited FIT installation”;
“the Authority”;
“central FIT register”;
“commissioned”;
“eligible installation”;
“extension”;
“FIT licensee”;
“FIT payments”; and
“total installed capacity”; and
b
in paragraph (3), “relevant FIT licensee” means the FIT licensee identified on the central FIT register as responsible for making FIT payments in respect of the accredited FIT installation.
Charles Hendry
Minister of State
Department of Energy and Climate Change
23rd September 2011


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2011 and comes into force on 1st October 2011.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
3
In article 2 (interpretation) —
a
for the definition of “Energy Technology Criteria List” substitute —
“Energy Technology Criteria List” means the list dated 25th August 2011 and issued by the Secretary of State for Energy and Climate Change on 1st September 2011;
; and
b
for the definition of “Energy Technology Product List” substitute —
“Energy Technology Product List” means the list dated 25th August 2011 and issued by the Secretary of State for Energy and Climate Change on 1st September 2011.
.
4
In article 3 (description of energy-saving plant and machinery), in paragraph (2) after “uninterruptible power supplies” insert —
;
n
high speed hand air dryers
.
5
In article 4 (certification of energy-saving plant and machinery) for paragraph (1) substitute —
1
In the case of plant or machinery falling within the technology class “Combined Heat and Power” specified in the Energy Technology Criteria List no section 45A allowance may be made unless a relevant certificate of energy efficiency is in force with respect to that plant or machinery.
.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2011


text:
Citation and commencement
1
This Order may be cited as the Severn Bridges Tolls Order 2011 and shall come into force on 1st January 2012.
Level of tolls
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Severn Bridges Act 1992 using either of the bridges shall be as follows:-
Category 1 vehicles £6.00 Category 2 vehicles £12.10 Category 3 vehicles £18.10
Revocation
3
The Severn Bridges Tolls Order 2010 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State,
Department for Transport
20th December 2011


text:
Citation and Commencement
1
This Order may be cited as The Communications Act 2003 (Maximum Penalty for Contravention of Information Requirements) Order 2011 and shall come into force on the day after the day on which it is made.
Amendment of section 139 of the Communications Act 2003
2
1
In section 139(5) of the Communications Act 2003 (penalty for contravention of information requirements) for “£50,000” substitute “£2,000,000”.
2
Paragraph (1) does not apply to a request for information under section 135, 136 or 191 of the Communications Act 2003 where the request is made before the coming into force of this Order.
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
12th July 2011