text:
Citation and interpretation
1
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 5) Order 2010.
2
In this Order, “the 2009 Act ” means the Coroners and Justice Act 2009.
Provisions coming into force on 2nd August 2010
2
The following provisions of the 2009 Act shall come into force on 2nd August 2010 —
a
section 145 (transfer to parole board of functions under the Criminal Justice Act 1991 );
b
in section 177 (consequential etc amendments and transitional and saving provisions), subsection (2) (transitional, transitory and saving provisions) so far as it relates to the provision specified in sub-paragraph (d);
c
section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e);
d
in Schedule 22 (transitional, transitory and saving provisions), paragraph 43 (transfer of functions to Parole Board); and
e
in Part 5 of Schedule 23 (repeals: miscellaneous criminal justice provisions) —
i
the repeals relating to the Criminal Justice Act 1991; and
ii
the repeal relating to the Criminal Justice and Immigration Act 2008 .
Provisions coming into force on 15th August 2010
3
The following provisions of the 2009 Act shall come into force on 15th August 2010 —
a
section 144 (treatment of convictions in other member States etc), so far as it relates to the provisions specified in sub-paragraph (d);
b
in section 177, subsection (2) so far as it relates to the provisions specified in sub-paragraph (e);
c
section 178, so far as it relates to the provisions specified in sub-paragraph (f);
d
in Schedule 17 (treatment of convictions in other member States etc) —
i
paragraph 1 (evidence of bad character);
ii
paragraph 3 (bail);
iii
paragraphs 6 and 7 (determining the seriousness of an offence);
iv
paragraph 10 (required custodial sentences for certain offences);
v
paragraph 11 (restriction on imposing custodial sentence or service detention);
vi
paragraph 12 (young offenders: referral conditions); and
vii
paragraphs 13 to 15 (proving of foreign convictions before courts in England and Wales);
e
in Schedule 22, paragraphs 40 to 42 (transitional provisions in relation to treatment of convictions in other member States etc), so far as they relate to paragraphs 1, 6, 7 and 10 to 15 of Schedule 17 to the 2009 Act; and
f
in Part 5 of Schedule 23, the repeals relating to —
i
the Criminal Justice and Public Order Act 1994 ;
ii
the Powers of Criminal Courts (Sentencing) Act 2000 ;
iii
the Criminal Justice Act 2003 ; and
iv
section 238(3) of the Armed Forces Act 2006 .
Signed by the authority of the Secretary of State
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
19th July 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Prescribed Public Examinations) (England) Regulations 2010 and come into force on 1st January 2011.
2
These Regulations apply in relation to maintained schools in England only.
Prescribed public examinations
2
1
A public examination is prescribed for the purposes of the provisions of the Education Act 1996 set out in paragraph (2) if it is for a qualification that —
a
falls within paragraph (3); and
b
is approved for the purposes of section 96 of the Learning and Skills Act 2000 (qualifications for persons under 19).
2
The provisions of the Education Act 1996 referred to in paragraph (1) are —
a
section 402(1), (3) and (5) (obligation to enter pupils for public examinations);
b
section 451(4)(a) (prohibition of charges for provision of education);
c
section 453(1) (examinations: prohibition of charges and recovery of wasted fees); and
d
section 454(1)(b) and (3)(b) (prohibition of incidental charges).
3
The qualifications in this paragraph are —
a
Advanced Extension Award;
b
an award, certificate or diploma in the Qualifications and Credit Framework;
c
Asset Languages qualification;
d
Cambridge International Certificate;
e
Cambridge Pre-University qualification;
f
Diploma;
g
Entry Level qualification;
h
Extended Project qualification;
i
Free-Standing Mathematics qualification;
j
Functional Skills qualification;
k
General Certificate of Education Advanced level (Advanced Subsidiary level and Advanced level);
l
General Certificate of Secondary Education;
m
International Baccalaureate Diploma;
n
Key Skills qualification;
o
Vocational qualification.
Revocation
3
The Education (Prescribed Public Examinations) Regulations 1989 are revoked so far as they apply in relation to maintained schools in England.
Nick Gibb
Minister of State
Department for Education
19th September 2010


text:
1
This Order may be cited as the Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2010 and shall come into force on 6 th April 2010.
2
The code of practice entitled “Covert Surveillance and Property Interference”, laid before each House of Parliament in draft on 5th January 2010, relating to the carrying out of covert surveillance under Part 2 of the Regulation of Investigatory Powers Act 2000 and to interference with property or wireless telegraphy under section 5 of the Intelligence Services Act 1994 and Part 3 of the Police Act 1997, shall come into force on 6th April 2010.
David Hanson
Minister of State
Home Office
25th February 2010


text:
PART 1 GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010.
2
Subject to paragraph (3), these Regulations come into force on 1st October 2010.
3
Regulations 24 (revocation of transitional claims provisions) and 25(2) (amendment of the 2008 Regulations ) and paragraph 2 of Schedule 4 (consequential amendments to the 2008 Regulations) come into force on 31st January 2011.
Interpretation
2
1
In these Regulations —
“the 2007 Act ” means the Welfare Reform Act 2007;
“the 2008 Regulations” means the Employment and Support Allowance Regulations 2008 ;
“benefit week” has the same meaning as in the 2008 Regulations;
“contributory allowance” means an employment and support allowance to which a person is entitled by virtue of these Regulations which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled ;
“conversion decision”, in relation to a notified person, has the meaning given in regulation 5(2) ;
“effective date”, in relation to a conversion decision, is to be construed in accordance with regulation 13 ;
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 );
“income-related allowance” means an employment and support allowance to which a person is entitled by virtue of these Regulations which was based on an award of income support to which the person was entitled ;
“notified person” has the meaning given in regulation 4(2) ;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 ;
“relevant deduction”, in relation to a person, includes such of the following deductions as fall to be made in relation to the person —
any deduction made under any of the following provisions of the Social Security (Claims and Payments) Regulations 1987 —
regulation 34A (deductions of mortgage interest which shall be made from benefit and paid to qualified lenders);
regulation 34B (deductions of mortgage interest which may be made from benefits and paid to qualified lenders in other cases); or
regulation 35 (deductions which may be made from benefit and paid to third parties);
any deduction made under the Community Charges (Deductions from Income Support) (No.2) Regulations 1990 (deductions which may be made from benefit for meeting sums due in respect of community charges);
any deduction made under the Fines (Deductions from Income Support) Regulations 1992 (deductions which may be made from an offender’s benefit);
any deduction made under the Council Tax (Deductions from Income Support) Regulations 1993 (deductions which may be made from benefit for meeting sums due in respect of council tax);
any deduction in respect of overpayment recovery or recovery of social fund loans made under any of the following provisions of the Administration Act —
section 71 (overpayments-general),
section 74 (income support and other payments), or
section 78 (recovery of social fund awards).
2
A requirement under these Regulations to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose —
a
a message sent by electronic communication shall be treated as a notice given in writing; and
b
electronic communication has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
3
For the purposes of these Regulations, the conversion phase, in relation to any person entitled to an existing award or awards, is the period which —
a
begins in accordance with regulation 4(4) ; and
b
ends in accordance with regulation 5(6) .
4
In these Regulations, any reference to Step 1, 2 or 3, in relation to any person, is to be construed in accordance with regulation 8 .
Persons to whom these Regulations apply
3
These Regulations apply to any person who, on or after 1st October 2010, is entitled to an existing award .
PART 2 CONVERSION DECISIONS
The notice commencing the conversion phase
4
1
Subject to paragraph (5), the Secretary of State may at any time issue a notice to any person who is entitled to an existing award.
2
Any person to whom such a notice is issued is referred to in these Regulations as a notified person.
3
The notice must inform the notified person —
a
that an existing award is to be converted into an award of an employment and support allowance if certain conditions are satisfied;
b
that, if those conditions are not satisfied, the existing award will not be converted and will terminate by virtue of these Regulations;
c
of the requirements that must be met in order to satisfy those conditions; and
d
of such other matters as the Secretary of State considers appropriate.
4
The issue of the notice to a notified person begins the conversion phase in relation to that person, with effect from the date of issue.
5
No notice may be issued to any person —
a
who reaches pensionable age at any time before 6th April 2014; or
b
at any time when payment of the existing award to the person is subject to adjustment under regulation 4 of the Social Security (Transitional Payments) Regulations 2009 (adjustment of subsequent payments following an adjusting payment of benefit).
6
Where a person is entitled to —
a
an existing award of incapacity benefit or severe disablement allowance; and
b
an existing award of income support,
the notice issued to the person under this regulation shall have effect in relation to both such awards.
Deciding whether an existing award qualifies for conversion
5
1
In relation to the existing award or awards to which a notified person (“P”) is entitled, the Secretary of State must, except where paragraph (8)(a) applies, make a conversion decision in accordance with these Regulations.
2
A conversion decision is —
a
a decision that P’s existing award or awards qualify for conversion into an award of an employment and support allowance in accordance with regulation 7 (qualifying for conversion); or
b
a decision that P’s existing award or awards do not qualify for conversion into an award of an employment and support allowance.
3
A notice of a conversion decision under paragraph (2)(a) must specify the amount of an employment and support allowance to which P is entitled on the effective date (subject to any relevant deductions).
4
The amount referred to in paragraph (3) is to be determined in accordance with regulation 8 (amount of an employment and support allowance on conversion).
5
The Secretary of State must notify P of the Secretary of State’s conversion decision.
6
The conversion phase ends in relation to P —
a
immediately before the effective date of the conversion decision notified to P; or
b
if earlier, when P’s entitlement to the award or awards to which the notice under regulation 4 (notice commencing the conversion phase) relates otherwise ceases to be subject to conversion (because entitlement to the award has terminated or for some other reason).
7
The effective date of any conversion decision is to be determined in accordance with regulation 13 (effective date of a conversion decision).
8
In the event that P’s entitlement to an existing award ceases to be subject to conversion (for example, because P’s entitlement to an award of income support has ceased to fall within paragraph (c) of the definition of “existing award” in paragraph 11 of Schedule 4 to the 2007 Act) —
a
before a conversion decision is made, the Secretary of State must notify P that the conversion phase has ended without a conversion decision being made; or
b
after the making of a conversion decision but before its effective date, the Secretary of State must notify P that the conversion decision shall not come into effect.
9
On the giving of a notice under paragraph (8)(b), the conversion decision to which it relates shall lapse with immediate effect.
Application of certain enactments for purpose of making conversion decisions
6
1
The enactments listed in paragraph (2) apply, subject to the modifications specified in Schedule 1, for the purposes of —
a
enabling the Secretary of State to make in relation to any person a conversion decision under this Part; and
b
providing for the revision of such decisions at any time before the effective date.
2
The listed enactments are —
a
Part 1 of the 2007 Act;
b
the 2008 Regulations;
c
regulation 32(1) and (1A) of the Social Security (Claims and Payments) Regulations 1987 (information to be given);
d
Chapter 2 of Part 1 of the Social Security Act 1998 (social security decisions and appeals); and
e
the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
3
In the application of the enactments listed in paragraph (2)(d) and (e), the conversion decision is to be treated as if it were a decision as to a person’s entitlement to an employment and support allowance which had been made on a claim.
Qualifying for conversion
7
For the purposes of regulation 5(2)(a) (deciding whether an existing award qualifies for conversion), an existing award or awards to which a notified person is entitled qualify for conversion into an award of an employment and support allowance only if the person satisfies the basic conditions set out in section 1(3)(a) to (d) and (f) of the 2007 Act.
Amount of an employment and support allowance on conversion
8
For the purposes of regulation 5(3), the amount of an employment and support allowance to which a notified person is entitled shall be determined as follows.
Step 1
Determine in accordance with Part 1 of the 2007 Act and the 2008 Regulations the amount (if any) of an employment and support allowance to which the notified person would be entitled if, on a claim made by that person —
it had been determined that the person was entitled to an award of an employment and support allowance; and
the assessment phase had ended.
Step 2
Determine in accordance with regulations 9 to 12 —
whether the notified person is entitled to a transitional addition; and
if so, the amount of the transitional addition.
Step 3
Aggregate the amounts (if any) which result from Steps 1 and 2.
Determining entitlement to a transitional addition
9
1
In relation to any notified person whose existing award or awards qualify for conversion into an employment and support allowance —
a
the person’s entitlement (if any) to a transitional addition; and
b
the amount of any such transitional addition,
are to be determined in accordance with regulation 10(2) (transitional addition: incapacity benefit or severe disablement allowance) or 11(2) (transitional addition: income support).
2
The amount of transitional addition to which a notified person is entitled is subject to reduction in accordance with regulations 18 to 20 .
3
The entitlement of a notified person to any transitional addition terminates in accordance with regulation 21 (termination of transitional addition).
Transitional addition: incapacity benefit or severe disablement allowance
10
1
This regulation applies to any notified person who is entitled to an existing award of incapacity benefit or severe disablement allowance (and for these purposes it is irrelevant whether the person is also entitled to any existing award of income support).
2
In any case falling within paragraph (1) —
a
the notified person shall be entitled to a transitional addition if Amount A exceeds Amount B; and
b
the amount of transitional addition to which the notified person is entitled under this paragraph shall be equal to the amount of any such excess.
3
Amount A is the amount of the weekly rate of the existing award applicable to the notified person.
4
To calculate Amount B —
a
take the amount prescribed under paragraph (2) of regulation 67 of the 2008 Regulations (prescribed amounts for purpose of calculating a contributory allowance) which is applicable to the notified person; and
b
add the amount of the applicable component determined in accordance with regulation 12(5) .
5
In paragraph (3), the reference to the weekly rate of an existing award applicable to the notified person is to —
a
in the case of incapacity benefit, the weekly rate payable —
i
under section 30B(2), (6) or (7) of the Contributions and Benefits Act (incapacity benefit: rate),
ii
under section 40(5) or 41(4) of the Contributions and Benefits Act (long-term incapacity benefit for widows and for widowers),
iii
by virtue of regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (former sickness benefit), or
iv
by virtue of regulation 17(1) of those Regulations (former invalidity benefit);
b
in the case of severe disablement allowance, the weekly rate payable under sections 68(7) and 69(1) of the Contributions and Benefits Act (as they have effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No.9 and Transitional and Savings Provisions) Order 2000 ).
Transitional addition: income support
11
1
This regulation applies to any notified person who is entitled to an existing award of income support (and for these purposes it is irrelevant whether the person is also entitled to any existing award of incapacity benefit or severe disablement allowance).
2
In any case falling within paragraph (1) —
a
the notified person shall be entitled to a transitional addition if Amount C exceeds Amount D; and
b
the amount of transitional addition to which the notified person is entitled under this paragraph shall be equal to the amount of any such excess.
3
To calculate Amount C —
a
take the notified person’s weekly applicable amount under regulation 17 or 18 of, and Schedule 2 to, the Income Support (General) Regulations 1987 (applicable amounts);
b
disregard any amount determined in accordance with (as the case may be) regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, those Regulations (housing costs); and
c
disregard any amount included in the person’s applicable amount —
i
under regulation 17(1)(b), (c) or (d) of those Regulations in respect of a child or young person who is a member of the notified person’s family, or
ii
under regulation 18(1)(b), (c), (d) or (e) of those Regulations in respect of a child or young person who is a member of the same household as the notified person,
as those provisions have effect by virtue of regulations 1 and 7 of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendment) Regulations 2003 .
4
To calculate Amount D —
a
take the amount prescribed under regulation 67(1) or 68(1) of the 2008 Regulations (prescribed amounts for purpose of calculating an income-related allowance) which is applicable to the notified person;
b
disregard any amount determined in accordance with (as the case may be) regulation 67(1)(c) or 68(1)(d) (housing costs) of the 2008 Regulations; and
c
add the amount of the applicable component determined in accordance with regulation 12(5) of these Regulations.
Regulations 10 and 11 : supplementary
12
1
This regulation has effect for the purposes of applying regulations 10 and 11 in relation to any notified person.
2
Subject to paragraphs (3) and (4) —
a
Amounts A and C are to be calculated in respect of the benefit week which ends immediately before the effective date of the notified person’s conversion decision; and
b
Amounts B and D are to be calculated in respect of the benefit week the first day of which is the effective date of the notified person’s conversion decision.
3
Where —
a
by virtue of an order made under section 150 of the Administration Act (annual up-rating of benefits), there is an increase in —
i
the weekly rate which, in accordance with regulation 10(3) (transitional addition: incapacity benefit or severe disablement allowance), is to be used to calculate Amount A, or
ii
the applicable amount which, in accordance with regulation 11(3) (transitional addition: income support), is to be used to calculate Amount C; and
b
that increase takes effect from any day in the benefit week referred to in paragraph (2)(b),
the calculation of Amount A or C is to be made using the increased weekly rate or applicable amount (as the case may be).
4
Where —
a
there is a change of circumstances in relation to a notified person which, but for sub-paragraph (b), would have resulted in an increase or decrease of the weekly rate or applicable amount referred to in paragraph (3)(a)(i) or (ii); and
b
that increase or decrease would have taken effect from any day in the benefit week referred to in paragraph (2)(b),
the calculation of Amount A or C is to be made using the weekly rate or applicable amount (as the case may be) which would have been payable in respect of the existing award if it had not been subject to conversion under these Regulations.
5
The “applicable component”, in relation to the notified person, means —
a
the work-related activity component, if it has been determined in accordance with the enactments applied by regulation 6 (application of certain enactments for purpose of making conversion decisions) that the notified person does not have and is not to be treated as having limited capability for work-related activity; or
b
the support component, if it has been determined in accordance with those enactments that the notified person has or is to be treated as having limited capability for work-related activity.
The effective date of a conversion decision
13
1
For the purposes of determining the date on which a conversion decision takes effect in relation to any notified person —
a
take the date on which the person is notified of the conversion decision; and
b
unless paragraph (2) applies, determine the first complete fortnightly period in respect of which the person’s existing benefit is payable after that date,
and the effective date of the person’s conversion decision is the first day of the benefit week immediately following the end of the fortnightly period referred to in sub-paragraph (b).
2
Where existing benefit is payable to the notified person in respect of a period other than a fortnight —
a
determine the second complete benefit week in respect of which the person’s existing benefit is payable after the date on which the person is notified of the conversion decision; and
b
the effective date of the person’s conversion decision is the first day of the benefit week immediately following the end of that second complete benefit week.
3
“Existing benefit”, in relation to a notified person, means the benefit in respect of the person’s existing award or awards.
Conversion decision that existing award qualifies for conversion
14
1
Paragraphs (2) and (3) apply in any case where the conversion decision is a decision that a notified person’s (“P”) existing award or awards qualify for conversion into an employment and support allowance.
2
On the effective date of the conversion decision —
a
P’s existing award; or
b
both of P’s existing awards (as the case may be),
are by virtue of this paragraph converted into, and shall have effect on and after that date as, a single award of an employment and support allowance of such amount as is specified in the conversion decision.
3
Where immediately before the effective date of the conversion decision, any relevant deduction was made from the existing award or awards, an equivalent deduction shall be made from the employment and support allowance to which P is entitled by virtue of these Regulations.
4
Paragraphs (2) and (3) are subject to regulation 17 .
Conversion decision that existing award does not qualify for conversion
15
1
Subject to paragraph (4), paragraphs (2) and (3) apply in any case where the conversion decision is a decision that a notified person’s (“P”) existing award or awards do not qualify for conversion into an employment and support allowance.
2
P’s entitlement to one or both of —
a
an existing award of incapacity benefit or severe disablement allowance; or
b
an existing award of income support (being an award made to a person incapable of work or disabled),
shall terminate by virtue of this paragraph immediately before the effective date of P’s conversion decision.
3
Where, immediately before that date, P is entitled to be credited with any earnings under regulation 8B(2)(a) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work), P shall not be entitled to be so credited under that regulation on or after that date.
4
Paragraph (5) applies where —
a
a conversion decision within the meaning of regulation 5(2)(b) (“the earlier conversion decision”) is made by virtue of either of the following provisions of the 2008 Regulations (as they apply by virtue of regulation 6)–
i
regulation 22(1) (failure to provide information or evidence requested in relation to limited capability for work), or
ii
regulation 23(2) (failure to attend for a medical examination to determine whether the claimant has limited capability for work); and
b
after P is notified of the earlier conversion decision, the Secretary of State is satisfied (or where the conversion decision is appealed to the First-tier Tribunal, that tribunal determines) that P had good cause for failing to–
i
provide the information requested, or
ii
attend for or submit to the medical examination for which P was called.
5
Where this paragraph applies —
a
the earlier conversion decision is treated as never having been made;
b
any entitlement of P–
i
to an existing award which was terminated by virtue of paragraph (2), or
ii
to be credited with earnings which was terminated by virtue of paragraph (3),
shall be reinstated with effect from the effective date of the earlier conversion decision;
c
the Secretary of State must make a conversion decision (“the new conversion decision”) in accordance with regulation 5 (deciding whether an existing award qualifies for conversion) in relation to the existing award or awards to which P is entitled;
d
the notice issued under regulation 4 (notice commencing the conversion phase) has effect in relation to that existing award or those existing awards; and
e
with the exception of regulation 4 (notice commencing the conversion phase), the remaining provisions of this Part, including this regulation, apply to the new conversion decision.
6
Paragraphs (2) and (3) are subject to regulation 17 (changes of circumstances before the effective date).
PART 3 AFTER THE CONVERSION PHASE
Application of other enactments applying to employment and support allowances
16
1
The enactments listed in paragraph (2) apply, subject to the modifications specified in Schedule 2, for the purposes of —
a
providing for the revision or supersession of any person’s conversion decision at any time on or after that decision’s effective date; and
b
enabling any other matter to be determined in connection with any person’s entitlement or continuing entitlement to an award of an employment and support allowance by virtue of these Regulations.
2
The listed enactments are —
a
Part 1 of the 2007 Act;
b
Chapter 2 of Part 1 of the Social Security Act 1998 (social security decisions and appeals);
c
any other Act which is amended by Schedule 3 to the 2007 Act;
d
the Social Security (Recovery of Benefits) Act 1997 ; and
e
the following regulations —
i
this Part of these Regulations,
ii
the 2008 Regulations, and
iii
the Regulations listed in Schedule 3 to these Regulations (being regulations consequentially amended by regulations made under Part 1 of the 2007 Act).
3
In the application of those enactments, the conversion decision is to be treated as if it were a decision as to a person’s entitlement to an employment and support allowance which had been made on a claim.
Changes of circumstances before the effective date
17
Where, on or after the effective date of any person’s conversion decision, the Secretary of State is notified of any change of circumstances or other relevant event which occurred before that date, the Secretary of State —
a
must treat any award converted by virtue of regulation 14(2) (conversion decision that existing award qualifies for conversion) or terminated by virtue of regulation 15(2) (conversion decision that existing award does not qualify for conversion) as if it had not been converted or terminated;
b
must take account of the change of circumstances or other relevant event for the purposes of determining whether to revise or supersede a decision (“the earlier decision”) relating to the award or awards in respect of which the conversion decision was made;
c
in an appropriate case, must revise or supersede the earlier decision;
d
if any earlier decision is revised or superseded, must determine whether to revise the conversion decision made in relation to P; and
e
in an appropriate case, must revise that conversion decision.
Reducing the transitional addition: general rule
18
1
The amount of any transitional addition to which a person is entitled by virtue of these Regulations shall be reduced (but not below nil) by a sum equal to the aggregate amount of all relevant increases which occur on or after the effective date in the amount payable to the person by way of an employment and support allowance.
2
For the purposes of paragraph (1), a relevant increase is —
a
in relation to a person entitled to a contributory allowance, an increase in any amount applicable to the person under regulation 67(2)(a) or (3) of the 2008 Regulations ; and
b
in relation to a person entitled to an income-related allowance, an increase in any amount applicable to the person under regulation 67(1)(a) or (b) or (3) or 68(1)(a), (b) or (c) of the 2008 Regulations,
which is not excluded by paragraph (3).
3
In relation to any person, the excluded increases are —
a
any increase applicable to the benefit week the first day of which is the effective date of the person’s conversion decision; and
b
any increase resulting from the reversal (on appeal or otherwise) of any decision made by the Secretary of State that a person who was previously entitled to the support component has become entitled to the work-related activity component.
Reducing the transitional addition: increases for dependent children
19
1
Paragraphs (2) and (3) apply to any person (“T”) who —
a
on the day before the effective date of T’s conversion decision, was entitled in connection with an existing award of incapacity benefit or severe disablement allowance to an increase under section 80 of the Contributions and Benefits Act (beneficiary’s dependent children), as that section has effect by virtue of article 3 of the Tax Credits (Commencement No.3 and Transitional Provisions and Savings) Order 2003 ; and
b
on and after the effective date, is entitled by virtue of these Regulations to an employment and support allowance which includes an amount by way of a transitional addition.
2
The amount of the transitional addition shall be reduced in accordance with paragraph (3) on the termination, on or after the effective date, of T’s entitlement to child benefit in respect of the child or qualifying young person —
a
for whom; or
b
for whose care by an adult dependant,
T was entitled to the increase referred to in paragraph (1)(a).
3
The amount of the transitional addition shall be reduced (but not below nil) by a sum equal to the amount which, on the day before the effective date, was the amount of the increase referred to in paragraph (1)(a) to which T was entitled.
Reducing the transitional addition: increases for adult dependants
20
1
Paragraphs (2) and (3) apply to any person (“T”) who —
a
on the day before the effective date of T’s conversion decision, was entitled in connection with an existing award of incapacity benefit or severe disablement allowance to an increase under —
i
section 86A of the Contributions and Benefits Act (incapacity benefit: increases for adult dependants), or
ii
section 90 of the Contributions and Benefits Act (adult dependants of beneficiaries in receipt of severe disablement allowance); and
b
on and after the effective date, is entitled by virtue of these Regulations to an employment and support allowance which includes an amount by way of a transitional addition.
2
The amount of the transitional addition shall be reduced in accordance with paragraph (3) on the occurrence, on or after the effective date, of any of the following events —
a
the death of the adult dependant in respect of whom T was entitled to the increase referred to in paragraph (1)(a);
b
the permanent separation of T and that adult dependant;
c
the termination of the entitlement of either T or that adult dependant to child benefit; or
d
the award to that adult dependant of a personal benefit (within the meaning of the Social Security (Overlapping Benefits) Regulations 1979 ) which is equal to or more than the amount which, on the day before the effective date, was the amount of the increase referred to in paragraph (1)(a) to which T was entitled.
3
The amount of the transitional addition shall be reduced (but not below nil) by a sum equal to the amount which, on the day before the effective date, was the amount of the increase referred to in paragraph (1)(a) to which T was entitled.
Termination of transitional addition
21
1
Any entitlement to a transitional addition which a person (“T”) may have by virtue of these Regulations terminates on whichever is the earlier of —
a
the reduction in accordance with regulations 18 to 20 (reducing the transitional addition: general rule and increases for dependent children and adult dependants) of the amount of the transitional addition to nil;
b
subject to paragraphs (2) and (3), the termination in accordance with the enactments applied by regulation 16 of T’s entitlement to an employment and support allowance; and
c
5th April 2020.
2
Nothing in paragraph (1)(b) prevents reinstatement of a person’s entitlement to a transitional addition following the reversal on appeal of any determination which results in the termination of the person’s entitlement to an employment and support allowance.
3
Any termination of T’s entitlement to a transitional addition by virtue of paragraph (1)(b) shall instead have effect as a suspension of that entitlement in Case 1 or Case 2.
4
Case 1 is where —
a
on a subsequent claim made by T for an employment and support allowance, a period of limited capability for work is treated under regulation 145(1) or (2) of the 2008 Regulations (linking rules) as a continuation of an earlier period of limited capability for work; and
b
T’s entitlement to an employment and support allowance which is referred to in paragraph (1)(b) (“T’s old entitlement”) was in respect of that earlier period.
5
Case 2 is where —
a
T’s old entitlement was to an income-related allowance;
b
the reason for terminating that entitlement was that the condition set out in paragraph 6(1)(f) of Schedule 1 to the 2007 Act had ceased to be satisfied in T’s case (no entitlement to income-related allowance where other member of a couple engages in remunerative work); and
c
on a subsequent claim for an income-related allowance, T’s entitlement to such an allowance commences before the end of the 12 week period which begins with the date of termination of T’s old entitlement.
6
In Cases 1 and 2, the amount of the transitional addition which becomes payable on commencement of T’s entitlement to an employment and support allowance is to be determined by reference to the amount of the transitional addition that was payable on the termination of T’s old entitlement, subject to any subsequent adjustment of that amount that would have been made under this Part.
PART 4 MISCELLANEOUS
Disapplication of certain enactments following conversion decision
22
Where a conversion decision has been made in relation to any person, the following enactments shall not apply to that person with effect from the conversion decision’s effective date —
a
sections 30A, 40 or 41 of the Contributions and Benefits Act (incapacity benefit);
b
section 68 of the Contributions and Benefits Act (as it has effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 );
c
regulation 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987 (prescribed category of persons for the purposes of entitlement on grounds of incapacity or disability);
d
the Income Support Transitional Regulations 1987 ; and
e
the Incapacity Benefit Transitional Regulations 1995 .
Treatment of claims until coming into force of regulation 24
23
In sub-paragraphs (a), (b) and (c) of regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 (claim for existing award), for “a claim” substitute “a claim made in respect of a period commencing before 31st January 2011”.
Revocation of transitional claims provisions
24
In regulation 2(2) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008, sub-paragraphs (a) to (c) are revoked.
Amendment of the 2008 Regulations
25
1
Regulation 31 of the 2008 Regulations (claimant who claims jobseeker’s allowance to be treated as not having limited capability for work) is revoked.
2
In regulation 144(2)(a) of the 2008 Regulations (which sets out exceptions from the requirement to serve a period of waiting days at the beginning of a period of limited capability for work), between “income support,” and “state pension credit” insert “incapacity benefit, severe disablement allowance,”.
Consequential amendments
26
Schedule 4 (which makes amendments consequential on these Regulations) has effect.
Amendments to legislation relating to Housing Benefit and Council Tax Benefit
27
Schedule 5 (which makes amendments to legislation relating to Housing Benefit and Council Tax Benefit) has effect.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary Under Secretary of State,
Department for Work and Pensions
18th March 2010


text:
Citation and commencement
1
These byelaws may be cited as the Atomic Weapons Establishment ( AWE ) Burghfield Byelaws 2010 and shall come into force on 1st May 2010.
Revocation
2
The Royal Ordnance Factory Burghfield Byelaws 1986 are revoked.
Interpretation
3
In these byelaws:
“aircraft” includes any craft or device which is for the time being airborne;
“Appointed Person” means the Crown servant who has been appointed by the Secretary of State for Defence to be responsible for the Protected Area and Controlled Areas;
“Controlled Areas” means the areas of land that are coloured blue on the three maps annexed to these byelaws;
“firearm” has the same meaning as in the Firearms Act 1968 ;
“lawful user” means any constable, Crown servant, member of a visiting force or headquarters, employee of AWE plc or its contractors and agents, or person in possession of a written permission from the Appointed Person;
“offensive weapon” means any item made or adapted for use for:
causing injury to, or incapacitating a person, or
causing injury to, or incapacitating or trapping an animal or bird, and
the person having it with them intends it for such use, or for threatening such use;
“photograph” includes any cinematograph film and any form of video or digital recording;
“Protected Area” means the area of land that is coloured pink on the three maps annexed to these byelaws;
“service authorities” means naval, military or air force authorities;
“site exempt vehicle” means any vehicle used solely within the confines of the Protected Area and the Controlled Areas by a lawful user; and
“visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom and any member of the civilian component of that force as defined in the Visiting Forces Act 1952 .
Application
4
These byelaws apply to the Protected Area and the Controlled Areas.
Prohibited Activities – Protected Area
5
No person shall:
a
enter or leave the Protected Area except by way of an official entrance or exit;
b
remain in the Protected Area after having been directed to leave by a constable or person described in byelaw 12;
c
obstruct a lawful user acting in the proper exercise of their duty within the Protected Area;
d
cause or permit any vehicle, aircraft, animal or thing to enter into the Protected Area;
e
take any photograph of any person or thing within the Protected Area;
f
make any false statement, either orally or in writing, or employ any other form of misrepresentation in order to obtain entry to any part of the Protected Area;
g
board, or interfere with the movement of any vehicle or aircraft within the Protected Area;
h
interfere with, or obstruct the use of, any property within the Protected Area which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors;
i
remove any property which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors; or
j
deface any sign, wall, fence, structure or other surface within the Protected Area.
Use of the Controlled Areas by the Public
6
Subject to the provisions of these byelaws, members of the public are permitted to use all parts of the Controlled Areas not specially enclosed or entry to which is not shown by signs or fences as being prohibited or restricted, for any lawful purpose at all times when the Controlled Areas are not being used for the military purpose for which they are appropriated.
Prohibited Activities – Controlled Areas
7
No person shall within the Controlled Areas:
a
obstruct a lawful user or any other person acting in the proper exercise of his duty;
b
enter any part which is enclosed or entry to which is shown by a sign as being prohibited or restricted;
c
carry any firearm or offensive weapon;
d
interfere with, or obstruct the use of, any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
e
remove any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
f
camp in tents, caravans, trees or otherwise;
g
cause any nuisance, or behave in an indecent or obscene manner;
h
deposit any industrial refuse, rubble, waste or litter or abandon any vehicle or vehicle part or any other article;
i
act in any way likely to cause annoyance, nuisance or injury to other persons;
j
light fires or do anything likely to cause an outbreak of fire;
k
fail to keep under control any dog or other animal;
l
fail to keep any dog on a short lead during the period beginning with 1 st March and ending with 31 st July in each year;
m
fail to remove all waste created by any dog or other animal under their control;
n
deface any sign, wall, fence, structure or other surface;
o
engage in any trade or business of any description or ride, drive, conduct or cause to be ridden, driven or conducted, use or employ any animal or vehicle of any kind or use any audible means either wholly or mainly for the purpose of trade or advertisement;
p
damage, cut or remove any crops, turfs, plants, roots or trees;
q
graze any animal;
r
kill or trap any birds or animals, or take or destroy their eggs; or
s
dig or search for any item, or interfere with or take any item found within the Controlled Areas.
Control of Road Traffic
8
1
This byelaw shall not apply to any site exempt vehicle.
2
Every person who rides a bicycle or drives a vehicle in the Controlled Areas and the Protected Area shall remain on the road.
3
Every person who rides a bicycle or drives a vehicle shall:
a
comply with the directions given by a constable or person described in byelaw 12;
b
comply with all military and traffic signs; and
c
ride or drive with due care and attention.
4
No person shall ride a bicycle or drive a vehicle on the road during the hours of darkness without using the appropriate lights which must be used when on a public highway during the hours of darkness.
5
No person shall drive without a valid Driving Licence or be in charge of any vehicle unless the vehicle is registered, taxed and insured and the subject of a current vehicle test certificate, as required for such vehicle when on a public highway.
6
No person shall stop or park any vehicle where “No Parking” or “No Waiting” notices are displayed, except for the purposes of loading or unloading passengers or goods.
7
For the purposes of this byelaw “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise.
Contravention of Byelaws
9
Any person who contravenes byelaws 5, 7 or 8 shall commit an offence under section 17(2) of the Military Lands Act 1892.
Exemptions
10
These byelaws shall not apply to anything done:
a
by a lawful user in connection with the discharge of his functions; or
b
by a person acting under and in accordance with any permission given in writing by the Appointed Person.
Enforcement
11
In order to:
a
prevent the breach of any provision of byelaws 5, 7 or 8; or
b
prevent any nuisance, disorder, obstruction or damage to the land or any property within the Protected Area and the Controlled Areas;
a constable or person described in byelaw 12 may direct any person to leave, or to remove any vehicle, aircraft, animal, or thing from the Protected Area and the Controlled Areas and any person to whom such a direction is made shall comply with it as soon as practicable.
12
The following persons are authorised to remove from the Protected Area and the Controlled Areas and to take into custody without warrant any person committing an offence against these byelaws and to remove any vehicle, aircraft, animal or thing in contravention of these byelaws from the said areas:
a
The Appointed Person;
b
Any officer, warrant officer, or non–commissioned officer in uniform and acting under the instructions of the Appointed Person; and
c
Any other Crown servant authorised in writing by the Appointed Person.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
4th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) (Amendment) Regulations 2010 and shall come into force on 1st January 2011.
Amendment of the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009
2
The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2009 are amended in accordance with the following provisions of these Regulations.
Amendment of Regulation 6
3
In regulation 6 (transmission limits) —
1
in paragraph 6(e), for “4.2” substitute “4.8”.
2
omit paragraph 6(f).
Amendment of Regulation 10
4
In regulation 10 (transmission limits) —
1
in paragraph 10(a)(i), for “4.2” substitute “6.0” and after “ GHz ;” insert “and”.
2
omit paragraph 10(a)(ii).
3
in paragraph 10(b), omit “4.2 GHz to 4.8 GHz and in the frequency band”.
Ed Richards
Chief Executive of the Office of Communications
For and by authority by the Office of Communications
16th November 2010


text:
This Order may be cited as the General Medical Council (Applications for General Practice and Specialist Registration) Regulations Order of Council 2010 and comes into force on 1st April 2010.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Recovery of Social Security Contributions Due in Other Member States Regulations 2010 and come into force on 1st May 2010.
Interpretation
2
In these Regulations —
“applicant party” has the meaning assigned to it by Article 75 of Council Regulation ( EC ) No 987/2009 ;
“claim” has the meaning assigned to it by Article 75 of Council Regulation (EC) No 987/2009 , except for the second and third times it occurs in regulation 4(1) of these Regulations;
“Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“instrument permitting enforcement” means–
any instrument issued by an applicant party in relation to a claim; or
a decision relating to a claim given in favour of an applicant party in any member State by a court or tribunal or other competent body in that State which permits recovery of that claim, or part thereof, in that State;
“officer” means an officer of Revenue and Customs .
Enforcement of claims
3
1
An instrument permitting enforcement of a claim, recognised by the Commissioners as an instrument authorising enforcement of the claim in the United Kingdom, together with a certificate of an officer that payment of the claim has not been made to that officer, or, to the best of that officer’s knowledge and belief, to any other person acting on behalf of the Commissioners, or to the applicant party, is sufficient evidence that the sum mentioned in the instrument is unpaid and is due to the applicant party.
2
A certificate of an officer that interest is payable under regulation 4(1) and that payment of the interest has not been made to that officer, or, to the best of that officer’s knowledge and belief, to any other person acting on behalf of the Commissioners, or to the applicant party, is sufficient evidence that the sum mentioned in the instrument is unpaid and is due to the applicant party.
3
For the purposes of this regulation, any document purporting to be such a certificate as is mentioned in paragraph (1) or (2) is deemed to be such a certificate unless the contrary is proved.
Interest for late payment of claims
4
1
A claim corresponding to a claim for outstanding Class 1, 1A, 1B or 4 national insurance contributions carries interest in respect of the principal amount and any penalty claimed at the rate applicable to the corresponding claim under section 178 of the Finance Act 1989 from the date of recognition until the date of payment inclusive.
2
In this Regulation “the date of recognition” means the earlier of–
i
the date following the expiry of three months from the date of receipt by the Commissioners of the request for recovery of the claim; and
ii
the date the instrument permitting enforcement of the claim is recognised by the Commissioners as an instrument authorising enforcement of the claim in the United Kingdom.
3
Interest is payable under this regulation without any deduction of income tax.
4
For the purposes of this regulation, where–
a
any payment is made by cheque to–
i
the Commissioners, or
ii
the applicant party, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn;
the payment shall be treated as made on the date on which the cheque was received by the Commissioners or the applicant party.
5
Interest payable under this regulation shall be recoverable as if it were interest charged under a provision of the Taxes Management Act 1970 .
Tony Cunningham
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2010


text:
PART 1 Introductory
Citation, commencement and effect
1
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2010.
2
These Regulations come into force on 23rd July 2010 and, save as provided in paragraphs (3) and (4), have effect from that date.
3
The following regulations have effect from 1st November 2009 —
a
regulation 6;
b
regulation 9.
4
Regulation 5 shall have effect from 6th April 2010.
PART 2 Amendment of the National Health Service Pension Scheme Regulations 1995
Part 2: General
2
The National Health Service Pension Scheme Regulations 1995 are amended in accordance with this Part.
Amendment of regulation D1
3
1
Regulation D1 (contributions by members) is amended as follows.
2
For paragraph (1A), substitute —
1A
A member whose pensionable pay falls into a pay band specified in column 1 of the relevant table must contribute the percentage of the member’s pensionable pay specified in column 2 of that table in respect of that amount.
.
3
For paragraph (2), substitute —
2
The Secretary of State shall, with the consent of the Treasury, determine the pensionable pay bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
.
4
In paragraph (2A), for “making a determination” substitute “determining those pensionable pay bands or contribution percentage rates”.
5
After paragraph (2B)(b), add —
c
“the relevant table” means —
i
in respect of the 2010-2011 scheme year, table 1 where paragraph (2C) applies and table 2 if paragraph (2Q), (2R) or (2V) applies;
ii
in respect of the 2011-2012 scheme year, table 2.
Table 1
Column 1 Column 2 Pensionable Pay band Contribution percentage rate
Up to £20,709 5% £20,710 to £68,392 6.5% £68,393 to £107,846 7.5% £107,847 to any higher amount 8.5%
Table 2
Column 1 Column 2 Pensionable Pay band Contribution percentage rate
Up to £21,175 5% £21,176 to £69,931 6.5% £69,932 to £110,273 7.5% £110,274 to any higher amount 8.5%.
6
In paragraphs (2E) to (2R) and (2V), for “the table in paragraph (1A)” substitute “the relevant table in paragraph (2B)”.
Amendment of regulation D2
4
For paragraphs (1) and (2) of regulation D2 (contributions by employing authorities), substitute —
1
Each employing authority must contribute to the scheme, in respect of the pensionable pay of each member in pensionable employment with the authority, at the rate determined by the Secretary of State and specified in paragraph (2) (“the employer’s standard rate”).
1A
The employer’s standard rate shall include the cost of providing any increases in pensions which are payable by virtue of Part 1 of the Pensions (Increase) Act 1971 .
1B
In determining the employer’s standard rate, the Secretary of State must take the advice of the Scheme Actuary and obtain the Treasury’s consent.
2
The employer’s standard rate is 14 per cent.
.
Amendment of Part K
5
1
Part K (contracting-out) is amended as follows.
2
After paragraph (3)(c) of regulation K1 (contracting-out conditions to be overriding), add —
ca
“guaranteed minimum pension age” means age 65 in the case of a man or age 60 in the case of a woman;
.
3
For “State pension age” substitute “guaranteed minimum pension age”, in —
a
paragraphs (2) and (7)(a) of regulation K2 (guaranteed minimum pensions),
b
regulation K3 (late retirement),
c
paragraph (1) of regulation K4 (early leavers) (three times),
d
paragraphs (1), (2) and (3) of regulation K5 (guaranteed minimum pensions transferred to this Section of the scheme).
Amendment of regulation U3
6
1
Regulation U3 (accounts and actuarial reports) is amended as follows.
2
In paragraph (3), for “The Scheme Actuary” substitute “Subject to paragraph (3A), the Scheme Actuary”.
3
After paragraph (3), add —
3A
The actuarial report referred to in paragraph (3) shall be based on actuarial assumptions determined by the Secretary of State following the consent of the Treasury.
3B
Before determining the assumptions referred to in paragraph (3A) the Secretary of State may consult —
a
such representatives of employees and employing authorities as appear to the Secretary of State to be appropriate, and
b
the Scheme Actuary.
.
Amendment of Schedule 2
7
1
Paragraph 10 (contributions to this Section of the scheme) of Schedule 2 (medical and dental practitioners) is amended as follows.
2
After sub-paragraph (1), add —
1A
For the purposes of this paragraph, “the relevant table” means —
a
in respect of the 2009-2010 scheme year, table 1;
b
in respect of the 2010-2011 and any later scheme year, table 2.
Table 1: Scheme Year 2009-2010
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £20,709 5% £20,710 to £68,392 6.5% £68,393 to £107,846 7.5% £107,847 to any higher amount 8.5%
Table 2: Scheme Year 2010-2011
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £21,175 5% £21,176 to £69,931 6.5% £69,932 to £110,273 7.5% £110,274 to any higher amount 8.5%.
3
For sub-paragraph (2) to (2B), substitute —
2
Subject to sub-paragraph (2A), a member whose pensionable earnings fall into a pensionable earnings band specified in column 1 of the relevant table must contribute the percentage of the member’s pensionable earnings specified in column 2 of that table in respect of that amount.
2A
The Secretary of State shall, with the consent of the Treasury, determine the pensionable earnings bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
2B
Before determining those pensionable earnings bands or contribution percentage rates, the Secretary of State must consider —
a
the advice of the Scheme Actuary, and
b
in accordance with regulation U4 (cost sharing), advice from such employee and employer representatives as the Secretary of State considers appropriate.
.
4
In sub-paragraphs (2H), (2I), (2K) and (2L), for “the table in sub-paragraph (2)” substitute “the relevant table in sub-paragraph (1A)”.
5
For sub-paragraph (18), substitute —
18
For the purposes of this paragraph —
a
“D1 contributions” means contributions payable under regulation D1 by a practitioner or, as the case may be, a non-GP provider under this Section of the scheme;
b
“D2(1) contributions” means contributions payable under regulation D2(1) by an employing authority in respect of a practitioner or, as the case may be, a non-GP provider.
.
PART 3 Amendment of the National Health Service Pension Scheme Regulations 2008
Part 3: General
8
The National Health Service Pension Scheme Regulations 2008 are amended in accordance with this Part.
Amendment of regulation 1.B.1
9
1
Regulation 1.B.1 (actuarial reports and accounts) is amended as follows.
2
At the end of paragraph (4), add (as full out words), “This is subject to paragraph (5).”.
3
After paragraph (4), add —
5
The actuarial report referred to in paragraph (4) shall be based on actuarial assumptions determined by the Secretary of State following the consent of the Treasury.
6
Before determining the assumptions referred to in paragraph (5) the Secretary of State may consult —
a
such representatives of employees and employing authorities as appear to the Secretary of State to be appropriate, and
b
the Scheme Actuary.
.
Substitution of regulation 2.C.1
10
For regulation 2.C.1 (contributions by members), substitute —
Contributions by members
2.C.1
1
Each active member must make contributions to this Section of the Scheme (“member contributions”) in respect of —
a
the member’s pensionable pay in accordance with regulation 2.C.2 where the member is not a non-GP provider;
b
the member’s pensionable earnings in accordance with regulation 2.C.4 where the member is a non-GP provider.
2
Member contributions must be made —
a
until the member completes 45 years’ pensionable service, or
b
where the notice required by regulation 2.A.2(3) has been properly received, until the member ceases officer service.
3
In the case of a member who is not a non-GP provider, the member’s employing authority must deduct member contributions from the member’s pensionable pay and pay them to the Secretary of State not later than the 19th day of the month following the month in which the pay was paid to the member.
4
In the case of a member who is a non-GP provider, the host Trust or Board must pay to the Secretary of State contributions under this regulation paid to it by the non-GP provider or paid to it by another employing authority not later than the 19th day of the month following the month in which the earnings were paid to the non-GP provider.
5
Paragraph (6) applies where a member has failed to pay member contributions or an employing authority has failed to deduct such contributions in accordance with this regulation.
6
The Secretary of State may recover any sum that remains due in respect of contributions referred to in paragraph (5) by deduction from any payment by way of benefits to, or in respect of, the member if —
a
the member agrees to such a deduction, and
b
the deduction is to the member’s advantage.
7
Paragraph (6) is without prejudice to any other method of recovery the Secretary of State may have.
8
A member who is absent from service in circumstances within regulation 2.A.4(1) to (3), may make contributions to this Section of the Scheme in respect of the member’s pensionable pay or, as the case may be, pensionable earnings in accordance with that regulation and whichever of regulations 2.C.2 or 2.C.4 applies to that member.
9
If, apart from this paragraph, the pay or, as the case may be, earnings for a scheme year in respect of a member’s service would not be a whole number of pounds, that pay or, as the case may be, those earnings must be rounded down to the nearest whole pound.
.
Substitution of regulation 2.C.2
11
For regulation 2.C.2 (members’ contribution rate), substitute —
Contribution rate for members other than non-GP providers
2.C.2
1
Contributions under regulation 2.C.1(1)(a) must be paid at the member’s contribution rate for the scheme year in question.
2
A member’s contribution rate is the percentage specified in column 2 of the relevant table in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls.
3
The Secretary of State shall, with the consent of the Treasury, determine the pensionable pay bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
4
Before determining those pensionable pay bands or contribution percentage rates, the Secretary of State must consider —
a
the advice of the Scheme Actuary, and
b
in accordance with regulation 1.B.2 (cost sharing), advice from such employee and employer representatives as the Secretary of State considers appropriate.
5
For the purposes of this regulation “the relevant table” means —
a
in respect of the 2010-2011 scheme year, table 1 where paragraph (2) of regulation 2.C.3 applies and table 2 if paragraph (16), (17) or (21) of that regulation applies;
b
in respect of the 2011-2012 scheme year, table 2.
Table 1
Column 1 Column 2 Pensionable Pay band Contribution percentage rate
Up to £20,709 5% £20,710 to £68,392 6.5% £68,393 to £107,846 7.5% £107,847 to any higher amount 8.5%
Table 2
Column 1 Column 2 Pensionable Pay band Contribution percentage rate
Up to £21,175 5% £21,176 to £69,931 6.5% £69,932 to £110,273 7.5% £110,274 to any higher amount 8.5%.
Amendment of regulation 2.C.3
12
1
Regulation 2.C.3 (employees) is amended as follows.
2
For the heading, substitute “2.C.3 Determination of pensionable pay for the purposes of setting a contribution rate for members other than non-GP providers”.
3
In paragraphs (4) to (17) and (21), for “the table in paragraph (2)” substitute “the relevant table in paragraph (5)”.
4
In paragraph (26), for “the 2008-2009 scheme year” substitute “the current scheme year”.
Substitution of regulation 2.C.4
13
For regulation 2.C.4 (non-GP providers), substitute —
Contribution rate and determination of pensionable earnings for non-GP providers
2.C.4
1
Member contributions payable by a non-GP provider under regulation 2.C.1(1)(b) must be paid at the member’s contribution rate for the scheme year in question.
2
A member’s contribution rate is the percentage specified in column 2 of the relevant table in paragraph (15) in respect of the corresponding pensionable earnings band specified in column 1 of that table into which the member’s pensionable earnings fall.
3
The Secretary of State shall, with the consent of the Treasury, determine the pensionable earnings bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
4
Before determining those pensionable earnings bands or contribution percentage rates, the Secretary of State must consider —
a
the advice of the Scheme Actuary, and
b
in accordance with regulation 1.B.2 (cost sharing), advice from such employee and employer representatives as the Secretary of State considers appropriate.
5
Paragraph (6) applies where, in respect of a scheme year, a non-GP provider —
a
has certified their pensionable earnings in accordance with regulation 2.J.14 and forwarded a record of those earnings to the host Trust or Board, or
b
was not required to certify their earnings in accordance with that regulation but the host Trust or Board has the figure that represents the non-GP provider’s pensionable earnings for that scheme year.
6
In the circumstances referred to in paragraph (5), contributions payable for the scheme year in question shall be those specified in column 2 of the relevant table in paragraph (15) in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to —
a
the certified or final pensionable earnings from all non GP provider sources, and
b
any additional pensionable earnings the non-GP provider is treated as having received during a break in service in accordance with regulation 2.A.9.
7
If paragraph (5) does not apply to a non-GP provider in respect of a scheme year, that non-GP provider shall pay contributions at the rate in column 2 of the relevant table in paragraph (15), on the basis of whichever of the following the host Trust or Board considers the most appropriate in the circumstances —
a
an amount of the non-GP provider’s earnings that has been agreed between the host Trust or Board on the one hand and the non-GP provider on the other hand;
b
an amount of the non-GP provider’s earnings that corresponds to that non-GP provider’s most recent certified or final pensionable earnings referred to in paragraph (5); or
c
an amount of such earnings that corresponds to the host Trust or Board’s estimate of that non-GP provider’s pensionable earnings from all non-GP provider sources for that year.
This is subject to paragraph (8).
8
If paragraph (7) applies to a non-GP provider in respect of a scheme year and paragraph (5)(a) or (b) is subsequently satisfied in respect of that scheme year, that non-GP provider shall pay contributions at the rate determined in accordance with paragraph (6).
9
A host Trust or Board may adjust a non-GP provider’s contribution rate for any scheme year determined in accordance with paragraph (7) —
a
by agreement between the host Trust or Board on the one hand and the non-GP provider on the other hand, or
b
without such agreement, if the host Trust or Board is satisfied that pensionable earnings of the non-GP provider will exceed the amount used to determine the contribution rate in accordance with that paragraph.
10
If a member is in non-GP provider service and concurrently in practitioner service in respect of which the member is liable to pay contributions in accordance with regulation 3.C.1, contributions payable in respect of the member’s non-GP provider service shall be determined under this regulation and contributions payable in respect of the member’s practitioner service shall be determined under regulation 3.C.2.
11
In determining member contributions payable in accordance with this regulation, a host Trust or Board must take account of pensionable earnings from all non-GP provider sources, including any pensionable earnings as a non-GP provider determined by another host Trust or Board.
12
An employing authority that is not a host Trust or Board shall, in respect of any pensionable earnings it pays to a non-GP provider, take advice from any relevant host Trust or Board in determining the contributions payable in accordance with this regulation.
13
Where paragraph (14) does not apply, a non-GP provider shall pay member contributions to the host Trust or Board.
14
If a non-GP provider is engaged under a contract of service or for services by an employing authority or is a partner or shareholder in an employing authority that is not an OOH provider, that authority must —
a
deduct contributions due under this regulation from any pensionable earnings it pays to that person, and
b
if it is not also the host Trust or Board, pay those contributions to that Trust or Board not later than the 7th day of the month following the month in which the earnings were paid.
15
For the purposes of this regulation “the relevant table” means —
a
in respect of the 2009-2010 scheme year, table 1;
b
in respect of the 2010-2011 and any later scheme year, table 2.
Table 1: Scheme Year 2009-2010
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £20,709 5% £20,710 to £68,392 6.5% £68,393 to £107,846 7.5% £107,847 to any higher amount 8.5%
Table 2: Scheme Year 2010-2011
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £21,175 5% £21,176 to £69,931 6.5% £69,932 to £110,273 7.5% £110,274 to any higher amount 8.5%.
Substitution of regulation 2.C.5
14
For regulation 2.C.5 (contributions by employing authorities: general), substitute —
Contributions by employing authorities: general
2.C.5
1
The employing authority of a member who is an active member of this Section of the Scheme under this Part must contribute to the scheme, in respect of the pensionable pay, or as the case may be, pensionable earnings of that member, at the rate determined by the Secretary of State and specified in paragraph (4) (“the employer’s standard rate”).
2
In specifying the employer’s standard rate, the Secretary of State must —
a
obtain the consent of the Treasury, and
b
take account of the advice of the Scheme actuary and the cost of providing for any increase in pensions under this Section of the Scheme as a result of orders made under the provisions of the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975 .
3
If for any period a person holds more than one employment (whether under a contract of service or for services) with an employing authority in respect of which the person is an active member of the Scheme, this regulation and regulation 2.C.6 apply in respect of each of those employments as if it were the only employment held.
4
The employer’s standard rate is 14.0%.
5
In any particular case the Secretary of State may direct that, for the purposes of this Chapter, “employing authority” includes one or more of —
a
the transferee under a transfer of staff order pursuant to —
i
in the case of England, section 28(4)(b) of, or paragraph 29(3) of Schedule 4 to, the 2006 Act;
ii
in the case of Wales, section 22(4)(b) of, or paragraph 8 of Schedule 3 to, the 2006 (Wales) Act;
b
without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions;
c
the last employing authority of a person to whom these Regulations apply.
6
If a non-GP provider is —
a
an employing authority which is a GMS practice, a PMS practice or an APMS contractor, or
b
a shareholder or partner in such an employing authority,
that employing authority shall pay employer’s standard rate contributions to the host Trust or Board not later than the 7th day of the month following the month in which the earnings were paid.
This is subject to paragraph (7).
7
If a non-GP provider is a shareholder or partner in more than one employing authority referred to in paragraph (6), each employing authority must pay employer’s standard rate contributions on any pensionable earnings it pays to the non-GP provider or, as the case may be, on the non-GP provider’s share of the partnership profits, to the host Trust or Board not later than the 7th day of the month following the month in which the earnings were paid.
8
If paragraph (14) of regulation 2.C.4 applies (but paragraph (6) of this regulation does not) and the employing authority referred to in regulation 2.C.4(14) —
a
is not the host Trust or Board, that authority must pay employer’s standard rate contributions under this regulation to the host Trust or Board not later than the 7th day of the month following the month in which the earnings were paid;
b
is the host Trust or Board, that Trust or Board must pay employer’s standard rate contributions under this regulation to the Secretary of State in respect of any pensionable earnings it pays to the non-GP provider.
9
Not later than the 19th day of the month following the month in which pensionable pay or, as the case may be, pensionable earnings are paid to a member, the employer’s standard rate contributions under this regulation must be paid to the Secretary of State —
a
in the case of a member other than a non-GP provider, by that member’s employing authority,
b
in the case of a non-GP provider, by the host Trust or Board.
.
Amendment of regulation 3.C.1
15
In paragraph (1) of regulation 3.C.1 (contributions by members), after “Scheme” insert “(“member contributions”)”.
Amendment of regulation 3.C.2
16
1
Regulation 3.C.2 (members’ contribution rate) is amended as follows.
2
For paragraphs (1) to (4), substitute —
1
Contributions under regulation 3.C.1(1) must be paid at the member’s contribution rate for the scheme year in question.
2
A member’s contribution rate is the percentage specified in column 2 of the relevant table in paragraph (17) in respect of the corresponding pensionable earnings band specified in column 1 of that table into which the member’s pensionable earnings fall.
3
The Secretary of State shall, with the consent of the Treasury, determine the pensionable earnings bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
4
Before determining those pensionable earnings bands or contribution percentage rates, the Secretary of State must consider —
a
the advice of the Scheme Actuary, and
b
in accordance with regulation 1.B.2 (cost sharing), advice from such employee and employer representatives as the Secretary of State considers appropriate.
.
3
In paragraphs (5), (6), (8) and (9), for “the table in paragraph (2)” substitute “the relevant table in paragraph (17)”.
4
After paragraph (16), add —
17
For the purposes of this regulation “the relevant table” means —
a
in respect of the 2009-2010 scheme year, table 1;
b
in respect of the 2010-2011 and any later scheme year, table 2.
Table 1: Scheme Year 2009-2010
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £20,709 5% £20,710 to £68,392 6.5% £68,393 to £107,846 7.5% £107,847 to any higher amount 8.5%
Table 2: Scheme Year 2010-2011
Column 1 Column 2 Pensionable earnings band Contribution percentage rate
Up to £21,175 5% £21,176 to £69,931 6.5% £69,932 to £110,273 7.5% £110,274 to any higher amount 8.5%.
Amendment of regulation 3.C.3
17
1
Regulation 3.C.3 (contributions by employing authorities: general) is amended as follows.
2
For paragraph (1), substitute —
1
Each employing authority must contribute to the scheme, in respect of the pensionable earnings of each person who is an active member of the scheme in an employment with the authority, at the rate determined by the Secretary of State and specified in paragraph (5) (“the employer’s standard rate”).
.
3
For paragraph (5), substitute —
5
The employer’s standard rate is 14.0%.
.
PART 4 Miscellaneous
Option to persons detrimentally affected by these Regulations
18
1
This regulation applies in relation to any benefit which is being paid, or may become payable, under the regulations amended by these Regulations (“the amended regulations”) to or in respect of a person who having served in an employment or office which qualified the person to participate in the benefits provided under the amended regulations, ceased to serve in that office or employment before these Regulations came into force.
2
Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).
3
A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within 6 months of the coming into force of these Regulations or such longer period as the Secretary of State may allow.
4
An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th June 2010
We consent
Brooks Newmark
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010 and come into force —
a
for the purpose of large shops, on 1st October 2011; and
b
for all other purposes, on 1st October 2013.
2
These Regulations apply in relation to England.
3
For the purposes of this regulation —
“large shop” means a shop which has a relevant floor area exceeding 280 square metres; and
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of or is comprised in a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Tobacco Advertising and Promotion Act 2002;
“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) from a part of the shop (“the tobacco area”) from which tobacco products are not visible outside such area and whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (2), meet the following conditions —
at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and
at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;
“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer and “packaged for sale” shall be construed accordingly;
“other feature” means a logo, trademark, symbol, motto, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, message or other indication that constitutes all or part of the recognisable identity of a product, but does not include a bar code or stock number;
“package” means any box, carton, or other container;
“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure;
“price list” means a list of the prices of tobacco products normally offered for sale in the place where such list is displayed or made available;
“shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;
“storage unit” means a gantry, cabinet or unit, tray, shelf or other product in which a tobacco product is held pending sale.
2
The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price-
a
during the most recent period of twelve months for which accounts are available, or
b
during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.
Meaning of “place”
3
For the purposes of section 7C of the Act, “place” means premises in England where tobacco products are offered for sale in the course of a business, other than premises —
a
which are accessible only to persons who are engaged in, or employed by, a business which is part of the tobacco trade, and
b
from which the prices of tobacco products are not visible from the outside of the premises.
Display of prices of tobacco products
4
1
The requirements specified below apply for the purposes of section 7C of the Act.
2
Subject to regulation 9, a display of prices of tobacco products in a place shall —
a
in all cases, comply with the general requirements specified in regulation 5, and,
b
comply with the requirements specified in —
i
regulation 6 (in relation to price lists),
ii
regulation 7 (in relation to price lists available on request), or
iii
regulation 8 (in relation to the display of prices on storage units).
3
Where a display of prices of tobacco products in a place also amounts to an advertisement for the purposes of the Act, if it complies with the requirements of these Regulations it is to be treated as a display of prices and not as an advertisement for the purposes of offences under the Act.
General requirements for the display of prices of tobacco products
5
The requirements are that a display of prices of tobacco products —
a
shall be limited to the following information in relation to tobacco products —
i
the brand name of the product,
ii
where pre-packed, the number of units in the package or, where sold by weight, the net weight of the product,
iii
in relation only to cigars, the country of origin and dimensions;
iv
in relation only to pipe tobaccos, the cut and type of tobacco used; and
v
the price of the product ;
b
shall be printed —
i
in black Helvetica plain type on a white background,
ii
in type which has a consistent size throughout the text, and
iii
in lower case type, except that the first letter of a word may be in upper case type; and
c
except as otherwise provided by regulation 7(1)(e), must not contain any other feature.
Price lists
6
1
The requirements are —
a
that the display of prices of tobacco products is in the form of a price list; and
b
that the price list —
i
has the title “Tobacco products price list”, and
ii
may include sub-headings for “cigarettes”, “hand rolling tobacco”, “cigars”, “pipe tobaccos”, and “other tobacco products”,
iii
does not include the prices of any other products,
iv
is worded with characters which are no higher than 7 millimetres,
v
has no border or frame,
vi
does not exceed 1250 square centimetres in size; and
vii
is limited in number in accordance with paragraph (2).
2
The price list shall be limited in number to one price list for each separate area where tobacco products are both located and can be paid for.
Price lists: available only on request
7
1
The requirements are —
a
that the display of prices of tobacco products is in the form of a price list which is made available to an individual aged 18 or over following a particular request by the individual for information about tobacco products for sale in the place where such request takes place;
b
that all reasonable steps are taken to ensure that the individual making such a request is aged 18 or over before such a display takes place;
c
that the display lasts for no longer than is needed for the individual to obtain the information sought by that individual;
d
that the size of the wording on the price list shall be such that no character is greater than 4 millimetres high;
e
that the only other feature displayed is a picture of the actual tobacco product, as packaged for sale, where the size of such picture does not exceed 50 square centimetres; and
f
that the price list shall be limited in number to —
i
one price list for each separate area where tobacco products are both located and can be paid for, or
ii
where there is more than one till at any such location, one price list for each such till.
2
For the purposes of paragraph (1)(b), a person is treated as having taken all reasonable steps to establish that the individual is aged 18 or over if either —
a
from the individual’s appearance nobody could reasonably have suspected that the individual was aged under 18; or
b
the person asked the individual for evidence of the individual’s age and the evidence would have convinced a reasonable person.
Storage units
8
The requirements are —
a
that the price of the tobacco product is displayed on a storage unit where that particular product is kept pending sale;
b
that such display —
i
is worded with characters which are no higher than 4 millimetres, and
ii
does not exceed 9 square centimetres in size; and
c
is limited in number to one display for each separate location in a storage unit where a particular tobacco product is held.
Specialist and bulk tobacconists
9
1
Except as provided in paragraphs (2) and (3), these Regulations shall not apply to specialist tobacconists or bulk tobacconists.
2
A display of prices of tobacco products which is visible from —
a
the outside of the premises of a specialist tobacconist, or
b
the outside of the tobacco area of a bulk tobacconist,
shall comply with the requirements of paragraph (3).
3
The requirements are that such a display —
a
shall comply with the general requirements specified in regulation 5,
b
shall comply with the requirements of regulation 6(1)(a) and (b)(i) to (vi), and
c
is limited in number to one display for each premises.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
17th March 2010


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 2) Order 2010.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religious denomination).
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
P S A Jones
A Deputy Director in the
Department for Education
7th July 2010


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010 and comes into force on 1st April 2010.
Consequential amendments
2
The Schedule to this Order contains amendments in consequence of Schedule 24 to the Finance Act 2007 and Schedule 41 to the Finance Act 2008.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 and come into force on 1st November 2010.
2
These Regulations apply in relation to England.
Amendment to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004
2
1
Schedule 2 (drugs, medicines and other substances that may be ordered only in certain circumstances) to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 is amended as follows.
2
For the entry for “Oseltamivir (Tamiflu)” which is referred to in column 1 —
a
in the part which relates to “Treatment of influenza” (as mentioned in column 3), in column 2, in paragraph (1), from the words “At-risk adult” to the end of sub-paragraph (a), substitute —
A patient who is aged 1 year or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, where —
a
the Department of Health has notified general medical practitioners that the influenza virus is circulating in the community ;
; and
b
in the part which relates to “Prophylaxis of influenza” (as mentioned in column 3), in column 2, in paragraph (2), from the words “At-risk patients” to the end of sub-paragraph (a), substitute —
A patient who is aged 1 year or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, where —
a
the Department of Health has notified general medical practitioners that the influenza virus is circulating in the community;
.
3
For the entry for “Zanamivir (Relenza)” which is referred to in column 1, in the part which relates to “Treatment of influenza” (as mentioned in column 3), in column 2, in paragraph (1) —
a
from the words “At-risk adult” to the end of sub-paragraph (a), substitute —
A patient who is aged 5 years or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, where —
a
the Department of Health has notified general medical practitioners that the influenza virus is circulating in the community;
; and
b
for sub-paragraph (c) substitute —
c
in the case of a patient —
i
who has attained the age of 5 years but not the age of 13 years, that patient can start therapy within 36 hours of the onset of symptoms; and
ii
who is aged 13 years or over, that patient can start therapy within 48 hours of the onset of symptoms.
.
4
At the end of the Table, in the interpretation provision —
a
omit the definitions of “at-risk” and “child”; and
b
in the appropriate alphabetical order, insert —
“at clinical risk” means in relation to a patient, a patient who —
has chronic respiratory disease;
has asthma that requires continuous or repeated use of inhaled or systemic steroids or with previous exacerbations requiring hospital admission;
has chronic heart disease;
has chronic renal failure;
has chronic liver disease;
has chronic neurological disease;
has diabetes; or
is immunosuppressed;
and
“general medical practitioner” has the same meaning as in the National Health Services (General Medical Services Contracts) Regulations 2004 ;
.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
28th September 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2010 and come into force on 10th August 2010.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 10th August 2010;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 10th August 2010;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“ Chi-X Europe MTF ” means the multilateral trading facility operated by Chi-X Europe Limited ;
“clearing participant” means a member of —
EMCF who as such is permitted by the Rules of EMCF,
EuroCCP who as such is permitted by the Rules of EuroCCP,
LCH.Clearnet who as such is permitted by the Rules of LCH.Clearnet, or
X-CLEAR who as such is permitted by the Rules of X-CLEAR,
to clear transactions made on the Chi-X Europe MTF for a traded security and who may or may not also be a participant on the Chi-X Europe MTF;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Chi-X Europe MTF;
“EMCF” means European Multilateral Clearing Facility N.V. ;
“EuroCCP” means European Central Counterparty Limited;
“LCH.Clearnet” means LCH.Clearnet Limited;
“X-CLEAR” means SIX X-CLEAR AG;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF, EuroCCP, LCH.Clearnet or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Chi-X Europe MTF, or as a nominee for a clearing participant;
“non-clearing firm” means a participant on the Chi-X Europe MTF other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
Chi-X Europe Limited is prescribed as a recognised investment exchange;
b
EMCF is prescribed as a recognised clearing house;
c
EuroCCP is prescribed as a recognised clearing house;
d
LCH.Clearnet is prescribed as a recognised clearing house; and
e
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Chi-X Europe MTF, conditions A, B and C are met.
3
Condition A is that traded securities are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
d
a person other than a clearing participant to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
e
either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or their nominees, to a clearing participant or its nominee;
f
EMCF or its nominee to either EuroCCP, LCH.Clearnet or X-CLEAR or to their nominees;
g
EuroCCP or its nominee to either EMCF, LCH.Clearnet or X-CLEAR or to their nominees;
h
LCH.Clearnet or its nominee to either EMCF, EuroCCP or X-CLEAR or to their nominees; or
i
X-CLEAR or its nominee to either EMCF, EuroCCP or LCH.Clearnet or to their nominees.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph 3(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
Condition C is that traded securities which are the subject of a relevant agreement shall be dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.
6
In this regulation —
a
“designated account” means an account designated by EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, for a clearing participant, in connection with the traded securities concerned;
b
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009
5
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009 are revoked.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2010