text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2011 and shall come into force on 6th April 2011.
2
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006;
“the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011 ;
“an application for naturalisation” means an application for naturalisation as a —
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“an application for registration” means an application for registration as a —
British citizen under section 1(3) , (3A) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4D , 10(1) or (2) , or 13(1) or (3) of the 1981 Act, or paragraph 3 , 4 or 5 of Schedule 2 to the 1981 Act;
British overseas territories citizen under sections 24 and 13(1) or (3), or 15(3) or (4) , 17(1) , (2) or (5) , or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act;
British overseas citizen under section 27(1) of the 1981 Act, or paragraph 4 or 5 of Schedule 2 to that Act, or
British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain in or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of 18;
“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999 , and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of the decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“ Council of Europe Social Charter ” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18th October 1961 ;
“ Council of Europe Revised Social Charter ” means the Council of Europe Treaty signed in Strasbourg on 3rd May 1996 ;
“ Crown Dependencies ” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
“dependant” in respect of a person means —
the spouse, civil partner or unmarried or same-sex partner, or
a child,
of that person;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“entry clearance” has, subject to regulation 36, the same meaning as provided in section 33(1) of the 1971 Act ;
“European Community Association Agreement” means the —
Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, and
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Foreign and Commonwealth Office’s Bilateral Programmes” refers to programmes operated by the Foreign and Commonwealth Office to give funds directly to Embassies and Missions outside the United Kingdom to support activities directly connected to the United Kingdom’s international priorities;
“Foreign and Commonwealth Office’s Strategic Programmes” refers to programmes of funding operated by the Foreign and Commonwealth Office to promote action on global issues in areas of strategic importance to the United Kingdom;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“Home Office approved training” means Home Office approved training under Part 4 of the immigration rules;
“immigration and nationality fees regulations” means regulations made under sections 51(3), 52(1) and (3) of the 2006 Act;
“immigration rules” means rules made under section 3(2) of the 1971 Act;
“leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;
“leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;
“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 ;
“premium case working basis” means the processing of applications under the super premium service offered by the United Kingdom Border Agency to applicants seeking to extend their stay in the United Kingdom;
“ Public Enquiry Office ” means a public enquiry office of the United Kingdom Border Agency;
“Scottish charity” means a body entered in the Scottish Charity Register;
“seasonal agricultural worker” means a seasonal agricultural worker under Part 4 of the immigration rules;
“Sectors-Based Scheme” means the programme operated by the Secretary of State for employment as a sector based worker under the immigration rules;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor under Part 6A of the immigration rules;
“sponsor licence” means a licence granted by the Secretary of State under the immigration rules allowing a person to act as a sponsor;
“Tier 1 Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (General) Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (Entrepreneur) Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (Exceptional Talent) Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (Investor) Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (Post-Study Work) Migrant” has the same meaning as provided in the immigration rules;
“Tier 2 Migrant” has the same meaning as provided in the immigration rules;
“Tier 2 (Intra-Company Transfer) Migrant” has the same meaning as provided in the immigration rules;
“Tier 1 (Post-Study Work) Migrant” has the same meaning as provided in the immigration rules;
“Tier 4 Migrant” has the same meaning as provided in the immigration rules;
“Tier 5 Migrant” has the same meaning as provided in the immigration rules;
“Tier 5 (Temporary Worker) Migrant” has the same meaning as provided in the immigration rules;
“unmarried or same sex partner” of a person means someone who is living with that person in a relationship akin to marriage or civil partnership which has subsisted for two years or more;
“work permit employment” means employment as a work permit holder under the immigration rules;
“United Kingdom Border Agency” means the United Kingdom Border Agency of the Home Office;
“United Kingdom Border Agency website” means the public website maintained by the United Kingdom Border Agency .
Fees for applications for leave in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom —
a
for the purposes of employment under the Sectors-Based Scheme;
b
for Home Office approved training; or
c
as a seasonal agricultural worker,
the fees are those specified in paragraph (2).
2
The fees are —
a
£550 where such application is made in person at a Public Enquiry Office; or
b
£350 for an application made by post or courier or via the United Kingdom Border Agency website.
3
This regulation is subject to regulations 16, 17, 19 and 20.
4
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom for work permit employment the fee is —
a
£850 where such application is made in person at a Public Enquiry Office; or
b
£550 for an application made by post or courier or via the United Kingdom Border Agency website.
2
This regulation is subject to regulations 16, 17, 19 and 20.
5
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as —
a
a retired person of independent means; or
b
a sole representative,
under the immigration rules, the fee is £1,000.
2
This regulation is subject to regulations 17, 19 and 20.
6
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 Migrant, the fees are those specified in paragraphs (2) and (3).
2
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant or a Tier 1 (Entrepreneur) Migrant under the immigration rules, the fee is —
a
subject to sub-paragraphs (b) and (c), £1,000 for an application made by post or courier or via the United Kingdom Border Agency website;
b
subject to sub-paragraph (c), £900 for an application made by post or courier or via the United Kingdom Border Agency website for leave to remain as a Tier 1 (General) Migrant or a Tier 1 (Entrepreneur) Migrant where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter ;
c
subject to regulation 16, £500 for an application for leave to remain as a Tier 1 Migrant made by post or courier or via the United Kingdom Border Agency website for leave to remain in respect of a person who has previously been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application;
d
subject to sub-paragraphs (e) and (f), £1,300 where such application is made in person at a Public Enquiry Office;
e
subject to sub-paragraph (f), £1,170 for an application made in person at a Public Enquiry Office where the application is for leave to remain as a Tier 1 (General) Migrant or a Tier 1 (Entrepreneur) Migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
f
subject to regulation 16, £700 for an application for leave to remain as a Tier 1 Migrant made in person at Public Enquiry Office in respect of a person who has previously been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) Migrant under the immigration rules, the fee is —
a
£594 for an application made by post or courier or via the United Kingdom Border Agency website; or
b
£918 where such application is made in person at a Public Enquiry Office.
4
This regulation is subject to regulations 19 and 20.
7
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom, other than an application referred to in paragraph (2), the fee is —
a
£850 where such application is made in person at a Public Enquiry Office; or
b
£550 for an application made by post or courier or via the United Kingdom Border Agency website.
2
The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training;
d
as a seasonal agricultural worker;
e
as a retired person of independent means;
f
as a sole representative;
g
as a student;
h
to re-sit an examination;
i
to write up a thesis;
j
as a student union sabbatical officer;
k
as a prospective student; or
l
of a kind identified in the immigration rules as requiring to be considered under a “Points-Based System”,
under the immigration rules.
3
This regulation is subject to regulations 14, 18, 19 and 20.
8
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 2 Migrant the fee is —
a
subject to sub-paragraphs (b), (e) and (f), £550 for an application made by post or courier or via the United Kingdom Border Agency website;
b
£495 where such application made by post or courier or via the United Kingdom Border Agency website is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
c
subject to sub-paragraphs (d), (g) and (h), £850 for an application made in person at a Public Enquiry Office;
d
£765 where such application made in person at a Public Enquiry Office is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
e
subject to sub-paragraph (f), £350 for an application made by post or courier or via the United Kingdom Border Agency website where the application is for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months;
f
£315 for an application made by post or courier or via the United Kingdom Border Agency website where —
i
the application is for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months; and
ii
the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
g
subject to sub-paragraph (h), £650 for an application made in person at a Public Enquiry Office for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months;
h
£585 for an application made in person at a Public Enquiry Office where —
i
the application is for limited leave as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months; and
ii
the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
2
This regulation is subject to regulations 19, 20 and 21.
9
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 4 Migrant, the fee is —
a
£386 for an application made by post or courier or via the United Kingdom Border Agency website;
b
£702 for an application made in person at a Public Enquiry Office.
2
This regulation is subject to regulations 17, 18, 19 and 20.
10
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) Migrant and the application is made in person at a Public Enquiry Office, the fee is —
a
subject to sub-paragraph (b), £648; or
b
£583 where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
2
This regulation is subject to regulations 17, 18, 19 and 20.
Dependants of applicants for limited leave to remain
11
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for limited leave to remain in the United Kingdom as the dependant of a person applying for limited leave to remain in the United Kingdom, the fee is —
a
£275 where the application is made as the dependant of a person making an application referred to in regulation 3(2)(a) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
b
£175 where the application is made as the dependant of a person making an application referred to in regulation 3(2)(b) and is made at the same time and by the same method as that person’s application; or
c
£425 where the application is made as the dependant of a person making an application referred to in regulation 4(1)(a) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
d
£275 where the application is made as the dependant of a person making an application referred to in regulation 4(1)(b) and is made at the same time and by the same method as that person’s application; or
e
£500 where the application is made as the dependant of a person making an application referred to in regulation 5; or
f
£500 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(a) and is made at the same time and by the same method as that person’s application; or
g
£500 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(b) and is made at the same time and by the same method as that person’s application; or
h
£250 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(c) and is made at the same time and by the same method as that person’s application; or
i
£650 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(d) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
j
£650 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(e) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
k
£350 where the application is made as the dependant of a person making an application referred to in regulation 6(2)(f) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
l
£459 where the application is made as the dependant of a person making an application referred to in regulation 6(3)(b) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
m
£425 where the application is made as the dependant of a person making an application referred to in regulation 7(1)(a) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
n
£275 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(a) and is made at the same time and by the same method as that person’s application; or
o
£275 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(b) and is made at the same time and by the same method as that person’s application; or
p
£425 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(c) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
q
£425 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(d) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
r
£175 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(e) and is made at the same time and by the same method as that person’s application; or
s
£175 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(f) and is made at the same time and by the same method as that person’s application; or
t
£325 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(g) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
u
£325 where the application is made as the dependant of a person making an application referred to in regulation 8(1)(h) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
v
£193 where the application is made as the dependant of a person making an application referred to in regulation 9(1)(a) and is made at the same time and by the same method as that person’s application; or
w
£351 where the application is made as the dependant of a person making an application referred to in regulation 9(1)(b) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
x
£324 where the application is made as the dependant of a person making an application referred to in regulation 10(1)(a) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
y
£324 where the application is made as the dependant of a person making an application referred to in regulation 10(1)(b) and is made in person on the same day and at the same Public Enquiry Office as that person’s application.
2
This regulation is subject to regulations 17, 19 and 20.
Indefinite Leave to Remain
12
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for indefinite leave to remain in the United Kingdom, the fee is —
a
subject to sub-paragraphs (b) and (c), £1,350 where the application is made in person at a Public Enquiry Office;
b
£1,215 where the application is made in person at a Public Enquiry Office in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
c
£2,214 where the application is made in person at a Public Enquiry Office in respect of a parent, grandparent or other dependant relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules;
d
subject to sub-paragraphs (e) and (f), £972 where the application is made by post or courier or via the United Kingdom Border Agency website;
e
£875 where the application is made by post or courier or via the United Kingdom Border Agency website in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
f
£1,814 where the application is made by post or courier or via the United Kingdom Border Agency website and is in respect of a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules.
2
This paragraph applies to the following —
a
a work permit holder;
b
a highly skilled Migrant;
c
a Tier 1 (General) Migrant;
d
a Tier 1 (Entrepreneur) Migrant;
e
a Tier 2 Migrant;
under the immigration rules.
3
This regulation is subject to regulations 14, 15, 18, 19 and 20.
13
1
In the case of an application to which article 3(2)(a) or (c) of the 2011 Order applies, where the application is for indefinite leave to remain in the United Kingdom and the applicant applies as a dependant, the fee is —
a
£675 where the application is made as the dependant of an applicant referred to in regulation 12(1)(a) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
b
£675 where the application is made as the dependant of an applicant referred to in regulation 12(1)(b) and is made in person on the same day and at the same Public Enquiry Office as that person’s application; or
c
£486 where the application is made as the dependant of an applicant referred to in regulation 12(1)(d) and is made at the same time and by the same method as that person’s application; or
d
£486 where the application is made as the dependant of an applicant referred to in regulation 12(1)(e) and is made at the same time and by the same method as that person’s application.
2
This regulation is subject to regulations 14, 15, 19 and 20.
Exceptions in respect of fees for leave to remain applications
14
No fee is payable in connection with an application for leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum;
d
a person who is a dependant of a person referred to in paragraph (a), (b) or (c) and is applying for leave to enter or remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or
e
a child who does not come within paragraph (d) who was born in the United Kingdom to a person referred to in paragraph (a), (b) or (c).
15
No fee is payable in connection with an application referred to in regulations 12 or 13, where the application is for indefinite leave to remain in the United Kingdom as a victim of domestic violence under the immigration rules, where at the time of making the application, the applicant appears to the Secretary of State to be destitute.
16
No fee is payable in connection with applications referred to in —
a
regulations 3 or 4; or
b
regulation 6(2)(c) or (f),
where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
17
No fee is payable in respect of applications referred to in regulations 3, 4, 5, 9, 10 or 11 if the application is made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months.
18
No fee is payable in respect of an application referred to in regulations 7, 9, 10 or 12 if the application is made in respect of a person who, at the time of making the application, is a child and is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
19
1
Where two or more applications for limited leave to remain or indefinite leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable.
2
The fee payable shall be the higher, or as the case may be, the highest of the fees specified in respect of those applications, where those fees are different.
20
No fee is payable in respect of an application referred to in regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 if it is made under the terms of a European Community Association Agreement.
21
1
No fee is payable in respect of an application referred to in regulation 8 where —
a
the applicant was granted leave to remain in the United Kingdom for 3 years as a Tier 2 Migrant on the basis that they were a Qualifying Work Permit Holder under Part 6A of the immigration rules;
b
the application is made to extend the duration of the leave to remain referred to in sub-paragraph (a) to 5 years; and
c
the applicant is still working for the same employer as they were when the leave to remain referred to in sub-paragraph (a) was granted.
2
In paragraph (1)(c) “working for the same employer” has the meaning provided in paragraph 245ZB of Part 6A of the immigration rules.
Fees for nationality applications
22
1
Subject to paragraph 2, in the case of an application to which article 3(2)(h) or (j) of the 2011 Order applies, namely an application for naturalisation, the fee is £756.
2
Subject to paragraph (3), where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time of the applications are residing together, the total fee payable in respect of those applications is £1,134.
3
Paragraph (2) does not apply to any fee which is payable in respect of the arrangement of a citizenship ceremony.
23
1
Subject to paragraph (2), in the case of an application to which article 3(2)(k) to (n) of the 2011 Order applies, namely an application for registration, the fee is £540.
2
Where an application for registration is made in respect of two children and those children have the same parent, or parents, the total fee payable in respect of that application shall be £810, with an increase of £270 to that fee for every additional child registered.
3
In this regulation, “parent” includes a step-parent and an adoptive parent.
Fees for applications for sponsor licences
24
1
In the case of an application to which article 3(2)(t) of the 2011 Order applies, where the application is not in respect of a person who, if granted a sponsor licence, would be a small sponsor, and the application is for a licence, or the renewal of a licence, referred to in paragraph (2), the fee is £1,025.
2
The licences are —
a
a sponsor licence in respect of Tier 2 Migrants;
b
a sponsor licence in respect of Tier 2 and Tier 4 Migrants;
c
a sponsor licence in respect of Tier 2 and Tier 5 Migrants; and
d
a sponsor licence in respect of Tier 2, Tier 4 and Tier 5 Migrants.
Fees for entry clearance applications
25
1
In the case of an application to which article 3(2)(b) of the 2011 Order applies, namely an application for entry clearance —
a
subject to sub-paragraph (b), where the application is for entry clearance as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant or a Tier 1(Exceptional Talent) Migrant, the fee is £800;
b
where the application is for entry clearance as a Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £720;
c
where the application is for entry clearance as a Tier 1 (Post-Study Work) Migrant, the fee is £474;
d
where the application is for entry clearance as the dependant of a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant the fee is £800;
e
where the application is for entry clearance as the dependant of a Tier 1 (Post-Study Work) Migrant, the fee is £474;
f
subject to sub-paragraphs (g), (h) and (i), where the application is for entry clearance as a Tier 2 Migrant, the fee is £400;
g
where the application is for entry clearance as a Tier 2 Migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £360;
h
subject to sub-paragraph (i) where the application is for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months, the fee is £350;
i
where the application is for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £315;
j
subject to sub-paragraph (k), where the application is for entry clearance as the dependant of a Tier 2 Migrant, the fee is £400;
k
where the application is for entry clearance as a dependant of a Tier 2 (Intra-Company Transfer Migrant) for a period of not more than 12 months, the fee is £350;
l
subject to sub-paragraph (m), where the application is for entry clearance for settlement in the United Kingdom, the fee is £810;
m
where the application is for entry clearance for settlement in respect of a parent, grandparent or other dependant relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules, the fee is £1,814;
n
where the application is for entry clearance as a visitor for a period of more than 6 months the fee is —
i
£265 for a period of not more than 2 years;
ii
£486 for a period of more than 2 years but not more than 5 years;
iii
£702 for a period of more than 5 years but not more than 10 years;
o
where the application is for entry clearance other than —
i
for the purposes listed in sub-paragraphs (a) to (n);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
as a Tier 4 Migrant;
v
as a Tier 5 Migrant; or
vi
for passing through the United Kingdom,
the fee is £265.
2
This regulation is subject to regulations 26 and 27.
Exceptions and waivers in respect of fees for entry clearance applications
26
No fee is payable by the applicant in relation to an application referred to in regulation 25 where —
a
the application is made in connection with the official duty of any official of Her Majesty’s Government;
b
the application is made under paragraphs 352A to 352FI of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
27
The official determining the application may decide to waive the payment of a fee or reduce the fee required under regulation 25 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship;
b
the official so decides as a matter of international courtesy; or
c
the applicant intends to visit the United Kingdom in connection with one of the Foreign and Commonwealth Office’s Strategic or Bilateral Programmes.
Fees for transfer of conditions
28
1
Subject to paragraph (2), in the case of an application made in person at a Public Enquiry Office to which article 3(2)(e) of the 2011 Order applies, namely the fixing of a stamp, sticker or other attachment on a passport or other document issued to the applicant which indicates that a person has been granted limited, or indefinite, leave to enter or remain in the United Kingdom, the fee is £648.
2
Where an application referred to in paragraph (1) is made by an applicant and at the same time a similar application is made on behalf of one of or more of his dependants, the fee in respect of each dependant’s application is £324.
Fee for the expedited provision of documents under Part 3 of the Immigration (European Economic Area) Regulations 2006 at Public Enquiry Offices
29
1
In the case of an application, to which article 3(2)(v) of the 2011 Order applies, namely an application for a residence card or a permanent residence card no fee may be charged for the card itself but a fee of £300 shall be charged where —
a
the application is made in person at a Public Enquiry Office; and
b
the applicant applies for the processing of the application to be expedited.
2
In this regulation “residence card” and “permanent residence card” have the same meaning as provided in the Immigration (European Economic Area) Regulations 2006 .
Fee for applications made on a premium case working basis
30
The fee for an application for limited leave to remain in the United Kingdom which is made on a premium case working basis, to which articles 3(2)(a) or (c) of the 2011 Order apply, is the fee that would be payable under these Regulations or other immigration and nationality fees regulations were the application made in person at a Public Enquiry Office.
31
In addition to the fee specified in regulation 30 in respect of an application made on a premium case working basis, a fee of £6,000 is payable where a representative of the Secretary of State comes to a premises for the purposes of an application, this being a service to which article 4(i) of the 2011 Order applies.
Fee for the provision of services outside office hours
32
In the case of the provision of a service to which article 4(j) of the 2011 Order applies, the fee is:
a
subject to paragraph (b), £300 for the provision by a representative of the Secretary of State of a service at a Public Enquiry Office outside office hours relating to an application referred to in these Regulations or any other immigration and nationality fees regulations in force at the time the application made; and
b
£150 for the provision of the service referred to in sub-paragraph (a), where that service is provided in relation to an application where the applicant is applying as a dependant of a person making an application referred to in these Regulations or any other immigration and nationality fees regulations in force at the time the application is made.
33
The fee for the provision of the services referred to in regulation 32 is payable in addition to the fee for the application in respect of which the service is provided, as specified in these Regulations or any other immigration and nationality fees regulations in force at the time the application is made.
Fee for the process of issuing a certificate of sponsorship
34
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2011 Order applies, the fee is £175 where the process is the issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the United Kingdom as a Tier 2 Migrant.
2
No fee is payable under paragraph (1) where the certificate of sponsorship is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
Fees in respect of applications involving the exercise of consular functions
35
1
In the case of the following applications, to which article 6 of the 2011 Order applies, namely applications received outside the United Kingdom for entry clearance into the Crown Dependencies, the fees are —
a
£265 for entry clearance as a visitor for single, double and multiple entries valid for a period of more than six months but not more than two years;
b
£486 for entry clearance as a visitor for single, double and multiple entries valid for a period of more than two years but not more than five years;
c
£702 for entry clearance as a visitor for single, double and multiple entries valid for a period of more than five years but not more than ten years;
d
£810 for entry clearance for settlement;
e
£400 for entry clearance for work permit employment, unless sub-paragraph (f) applies;
f
£360 for entry clearance for work permit employment where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter; or
g
£265 for entry clearance for any purpose other than those listed in sub-paragraphs (a) to (f) or for which fees are specified in any other immigration or nationality regulations in force at the time the application is made.
2
In this regulation “entry clearance” means a visa, entry certificate, entry permit or other document which in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into a Crown Dependency.
36
The fees specified in regulation 35 are to be charged in place of the fees for the applications referred to in that regulation specified in paragraph 28 of Schedule 1 to the Consular Fees Order 2010 .
Consequences of failing to pay the specified fee
37
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
38
The Immigration and Nationality (Fees)(No.2) Regulations 2010 are revoked.
Damian Green
Minister of State
Home Office
1st April 2011
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2011.
2
These Regulations shall come into force on 1st March 2011 and, subject to paragraph (3), shall have effect in relation to deaths occurring on or after that day.
3
Regulations 2, 4, 5 and 6 shall have effect in relation to deaths occurring on or after 6th April 2010.
4
In these Regulations “the principal Regulations ” means the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004 .
Amendment of the principal Regulations
2
In regulation 2 (interpretation) of the principal Regulations for the definition of “IHT threshold” substitute ““IHT threshold” has the meaning given in regulation 5A;”.
3
1
Regulation 4 (excepted estates) of the principal Regulations is amended as follows.
2
At the beginning of paragraph (2)(d) insert “subject to paragraph (7A),”.
3
In paragraph (3) —
a
At the beginning of sub-paragraph (d) insert “subject to paragraph (7A),”,
b
At the end of sub-paragraph (e) omit “and”, and
c
After sub-paragraph (e) insert —
ea
the total value transferred on that person’s death by a spouse, civil partner or charity transfer is greater than nil; and
.
4
In paragraph (6) after ““specified transfers” means” insert “, subject to paragraph (7A),”.
5
After paragraph (7) insert —
7A
For the purpose of paragraphs (2)(d) and (e), (3)(d) and (e) and (6) any transfers of value made by that person in any period from 6th April in any year until and including the following 5th April which —
i
are exempt transfers by virtue of section 21 (normal expenditure out of income) of the 1984 Act ,
ii
are made less than seven years prior to the death of that person, and
iii
are in total more than £3,000,
shall be treated as chargeable transfers.
.
4
After regulation 5 (spouse, civil partner and charity transfers) of the principal Regulations insert —
IHT threshold
5A
1
Subject to paragraph (2), for the purposes of these Regulations “IHT threshold” means the amount shown in the second column in the first row of the Table in Schedule 1 to the 1984 Act (upper limit of portion of value charged at rate of nil per cent) and in the first column in the second row of that Table (lower limit of portion charged at next rate) applicable to —
a
chargeable transfers made in the year before that in which a person’s death occurred if —
i
that person died on or after 6th April and before 6th August, and
ii
an application for a grant of representation or, in Scotland, an application for confirmation, is made before 6th August in that year; or
b
chargeable transfers made in the year in which a person’s death occurred in any other case,
and for this purpose “year” means a period of twelve months ending with 5th April.
2
Where the criteria specified in paragraphs (3) and (4) are met “IHT threshold” means the IHT threshold as defined in paragraph (1) as increased by 100 per cent.
3
The criteria specified in this paragraph are as follows —
a
immediately before the death of a person (referred to for the purposes of this paragraph and paragraphs (4), (5) and (6), as a “first deceased person”) that first deceased person was the spouse or civil partner of the person specified in regulation 4(2) or (3) (referred to for the purposes of this paragraph as “the survivor”);
b
the survivor survived the first deceased person;
c
either —
i
in a case where the first deceased person was the spouse of the survivor, the first deceased person died on or after 13th November 1974, or
ii
in a case where the first deceased person was the civil partner of the survivor, the first deceased person died on or after 5th December 2005; and
d
a claim is made pursuant to section 8A of the 1984 Act —
i
by virtue of which the nil-rate band maximum at the time of the survivor’s death is treated, for the purpose of the charge to tax on the death of the survivor, as increased by 100 per cent, and
ii
which is made in respect of not more than one first deceased person.
4
The criteria specified in this paragraph are as follows —
a
the first deceased person died domiciled in the United Kingdom;
b
the value of the first deceased person’s estate is attributable wholly to property passing —
i
under the first deceased person’s will or intestacy, or
ii
by survivorship in a beneficial joint tenancy or, in Scotland, by survivorship in a special destination;
c
of that property, not more than £100,000 represented value attributable to property which immediately before the first deceased person’s death was situated outside the United Kingdom;
d
the first deceased person was not a person by reason of whose death one of the alternatively secured pension fund provisions applies;
e
the first deceased person died without having made any chargeable transfers during the period of seven years ending with the first deceased person’s death; and
f
the value transferred by any chargeable transfer made on the death of the first deceased person was not reduced by virtue of section 104 (business property relief) or section 116 (agricultural property relief) of the 1984 Act.
5
For the purpose of paragraph 4(e), sections 104 (business property relief) and 116 (agricultural property relief) of the 1984 Act shall not apply in determining whether the first deceased person has made a chargeable transfer.
6
Subject to paragraph (7), for the purpose of paragraph (4)(e) any transfers of value made by the first deceased person in any period from 6th April in any year until and including the following 5th April which —
i
are exempt transfers by virtue of section 21 (normal expenditure out of income) of the 1984 Act,
ii
are made less than seven years prior to the death of that person, and
iii
are in total more than £3,000,
shall be treated as chargeable transfers.
7
Paragraph (6) shall have effect in relation to deaths occurring on or after 1st March 2011.
.
5
1
Regulation 6 (production of information) of the principal Regulations is amended as follows.
2
For paragraph (1) substitute —
1
Subject to paragraph (3), a person who by virtue of these Regulations is not required to deliver to the Board an account under section 216 of the 1984 Act of the property comprised in an excepted estate, must produce the information specified in paragraph (2) and, where the criteria specified in regulation 5A(3) and (4) are met, paragraph (2A), to the Board in such form as the Board may prescribe.
.
3
After paragraph (2) insert —
2A
The information specified for the purpose of paragraph (1) is —
a
the full name of the first deceased person,
b
the last known address of the first deceased person,
c
the date of death of the first deceased person,
d
the date and place of the marriage or civil partnership (as the case may be) between the first deceased person and the survivor, and
e
either —
i
a statement specifying whether a grant of probate, grant of letters of administration or grant of confirmation was issued in relation to the estate of the first deceased person and the date and place of issue of such grant, or
ii
a statement specifying that no grant of probate, grant of letters of administration or grant of confirmation was issued in relation to the estate of the first deceased person.
2B
In paragraph (2A) “first deceased person” and “survivor” shall have the meaning given to them in regulation 5A(3)(a).
.
4
In paragraph (3) —
a
for “if the information” substitute “to the extent that the information”, and
b
after “in paragraph (2)” insert “and, where applicable, paragraph (2A)”.
6
In regulation 7(1) (production of information) of the principal Regulations after “regulation 6(2)” insert “and (2A)”.
Steve Lamey
Lesley Strathie
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd February 2011


text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Greenwich) Permit Scheme Order 2011 and comes into force on 5th September 2011.
Interpretation
2
In this Order —
“the London Borough of Greenwich Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Greenwich and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Greenwich Permit Scheme comes into effect on 5th September 2011.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Greenwich Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011 and shall come into force on 1 December 2011.
2
In these Regulations —
a
“the 2004 Act ” means the Civil Partnership Act 2004; and
b
“civil partnership” means a civil partnership which exists under or by virtue of the 2004 Act.
Specified registration authorities in England and Wales
2
1
The registration authorities in England and Wales listed in the left-hand column of the Schedule to these Regulations are specified for the purposes of paragraph 4(1)(a) of Schedule 23 to the 2004 Act.
2
An employee or officer or other person provided by a specified registration authority is a “relevant individual” for the purposes of paragraph 4(1)(b) and (2) of Schedule 23 to the 2004 Act if he or she —
a
is authorised by that authority to attest notices of proposed civil partnership; and
b
is located at the office specified in relation to that authority in the right-hand column of the Schedule to these Regulations.
Specified registration districts in Scotland
3
Every registration district in Scotland is specified for the purposes of paragraph 9(1)(a) of Schedule 23 to the 2004 Act.
Prescribed registrars in Northern Ireland
4
The registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1)(a) of Schedule 23 to the 2004 Act.
Revocation
5
These regulations revoke the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005 .
Damian Green
Minister of State
Home Office
7th November 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Employment Income Provided Through Third Parties (Excluded Relevant Steps) Regulations 2011 and come into force on 6th December 2011.
2
The Regulations have effect in relation to relevant steps taken on and after 9th December 2010.
Interpretation
2
In these Regulations —
“Part 7A” means Part 7A of the Income Tax (Earnings and Pensions) Act 2003 (employment income provided through third parties); and
“relevant non-UK scheme” means a scheme within paragraph 1(5) of Schedule 34 to FA 2004 .
Disapplication of Chapter 2 of Part 7A: relevant steps arising or deriving from UK tax-relieved funds and relevant transfer funds
3
1
Chapter 2 of Part 7A (treatment of relevant steps for income tax purposes) does not apply by reason of a relevant step if the subject of the relevant step is a sum of money or asset which represents or which has (wholly or partly) arisen or derived (directly or indirectly) from a sum of money or assets which represents or has represented —
a
a UK tax-relieved fund under a relevant non-UK scheme, or
b
a relevant transfer fund under a relevant non-UK scheme.
2
Paragraph (3) applies if the sum of money or asset which is the subject of the relevant step only partly —
a
represents, or
b
arises or derives from a sum of money or assets which represents or has represented,
a fund mentioned in paragraph (1).
3
The relevant step is to be treated for the purposes of this Part as being two separate relevant steps —
a
one in relation to the sum of money or asset so far as it represents or arises or derives from a sum of money or assets which represents or has represented a fund mentioned in paragraph (1), and
b
one in relation to the sum of money or asset so far as it does not represent or arise or derive from a sum of money or assets which represents or has represented a fund mentioned in paragraph (1),
and paragraph (1) applies only in relation to the separate relevant step mentioned in sub-paragraph (a).
4
In order to give effect to paragraph (3), the sum of money or asset which is the subject of the relevant step is to be apportioned between the two separate relevant steps on a just and reasonable basis.
5
In paragraph (1) —
“relevant transfer fund” has the meaning given in paragraph 4(2) of Schedule 34 to FA 2004;
“UK tax-relieved fund” has the meaning given in paragraph 3(2) of Schedule 34 to FA 2004.
Disapplication of Chapter 2 of Part 7A: relevant steps arising or deriving from a payment from a registered pension scheme that has been subject to the unauthorised payments charge
4
1
Chapter 2 of Part 7A does not apply by reason of a relevant step if the subject of the relevant step is a sum of money or asset which has (wholly or partly) arisen or derived (directly or indirectly) from a payment —
a
made by a registered pension scheme,
b
that was subject to the unauthorised payments charge.
2
Paragraph (3) applies if the sum of money or asset which is the subject of the relevant step only partly arises or derives from a payment mentioned in paragraph (1).
3
The relevant step is to be treated for the purposes of Part 7A as being two separate relevant steps —
a
one in relation to the sum of money or asset so far as it arises or derives from a payment mentioned in paragraph (1), and
b
one in relation to the sum of money or asset so far as it does not arise or derive from a payment mentioned in paragraph (1),
and paragraph (1) applies only in relation to the separate relevant step mentioned in sub-paragraph (a).
4
In order to give effect to paragraph (3), the sum of money or asset which is the subject of the relevant step is to be apportioned between the two separate relevant steps on a just and reasonable basis.
5
In this regulation, “the unauthorised payments charge” means the charge under section 208 of FA 2004.
Modification of section 554S in Part 7A
5
For the purposes of applying these Regulations, section 554S(2) in Part 7A applies as if after the reference to section 554W (and before the reference to section 554X) there were a reference to these Regulations.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th November 2011


text:
Citation
1
These rules may be cited as the Land Registration (Network Access) (Amendment) Rules 2011.
Commencement
2
These rules shall come into force on the day that section 71 of the Legal Services Act 2007 comes into force, unless that section is already in force when these rules are made, in which case these rules shall come into force on the day after the day on which they are made.
Interpretation
3
In these rules “the network access rules” means the Land Registration (Network Access) Rules 2008 and in rules 5 and 6 a reference to a rule or schedule by number is a reference to the rule or schedule so numbered in the network access rules.
Amendments to the network access rules
4
The network access rules are amended as set out in rules 5 and 6.
Amendments to rule 2 of the network access rules
5
In rule 2(1) —
a
after the definition of “address for service” insert —
“approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
;
b
for the definition of “intervention” substitute —
“intervention” means —
an intervention by the Law Society under section 35 of, and Schedule 1 to, the Solicitors Act 1974 , section 9 of, and Schedule 2 to, the Administration of Justice Act 1985 , or section 89 of, and Schedule 14 to, the Courts and Legal Services Act 1990 ,
an intervention by the Council for Licensed Conveyancers under section 31 of, and Schedule 5 to, or section 32 of, and Schedule 6 to, the Administration of Justice Act 1985 ,
an intervention by a licensing authority under section 102 of, and Schedule 14 to, the Legal Services Act 2007, or
an intervention of a similar nature to those referred to in (a), (b) and (c) of this definition by any other approved regulator in accordance with its regulatory arrangements,
and for the purpose of these rules an intervention occurs on the day when the intervening body first decides to exercise the power of intervention in question in relation to a person or body,;
;
c
after the definition of “intervention” insert —
“licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,
;
d
after the definition of “read-only network access agreement” insert —
“regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,
.
Amendments to Schedule 1 to the network access rules
6
1
For paragraph 1 of Schedule 1 substitute —
Authorised persons
1
1
That the applicant is —
a
an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
b
an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
c
a government department.
2
For the purposes of this paragraph —
a
“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
b
“manager” has the same meaning as in section 207 of the Legal Services Act 2007,
c
“relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
d
“relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.
.
2
In paragraph 2 of Schedule 1 —
a
substitute “indemnification arrangements” for “indemnity rules” wherever those words appear in sub-paragraph (1),
b
for sub-paragraph (2) substitute —
2
Subject to paragraph 3, where the applicant is not under an obligation to comply with indemnification arrangements, that he holds a policy of indemnity insurance providing cover which in the opinion of the registrar is reasonably equivalent to the cover which would have been required under the indemnification arrangements applicable had the applicant been an authorised person regulated or licensed (whichever would, in the opinion of the registrar, have been more appropriate in the case of the applicant) by the Law Society.
,
c
omit sub-paragraph (3).
3
In paragraph 3(2) of Schedule 1 substitute “indemnification arrangements” for “indemnity rules”.
4
In paragraph 7(c) of Schedule 1 after “was” where it first appears insert “, at the date of the intervention,”.
5
In paragraph 7(d) of Schedule 1 after “applicant” insert “or a connected person”.
6
In paragraph 9(1)(b) of Schedule 1 —
a
omit “or” at the end of sub-paragraph (iii),
b
after sub-paragraph (iv) add —
v
any other disciplinary tribunal provided under the regulatory arrangements of an approved regulator, or
vi
a licensing authority,
.
7
In paragraph 9(2) of Schedule 1 —
a
omit “or” at the end of sub-paragraph (c),
b
after sub-paragraph (d) add —
or
in relation to paragraph 7(d), the date of the application.
.
8
After paragraph 9 add —
Interpretation
10
In this Schedule, “indemnification arrangements” has the same meaning as in section 21 of the Legal Services Act 2007 but with the omission of the words “, in relation to a body,”.
.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
21st July 2011


text:
Citation, commencement and effect
1
1
This Order may be cited as the Finance Act 2009, Sections 101 to 103 (Income Tax Self Assessment) (Appointed Days and Transitional and Consequential Provisions) Order 2011 and comes into force on 1st April 2011.
2
The amendments made by articles 6 to 11 have effect on and after 31st October 2011.
Interpretation
2
In this Order —
“ HMRC ” means Her Majesty’s Revenue and Customs;
“self-assessment amount” means any tax or other amount in relation to which, for any tax year —
a return falls to be made under —
section 8(1)(a) of the Taxes Management Act 1970 (personal return) ,
section 8A(1)(a) of that Act (trustee’s return) , or
section 12AA(2)(a) or (3)(a) of that Act (partnership return) , or
an assessment is made under section 29 of that Act (assessment where loss of tax discovered) ,
and includes any penalties assessed in relation to that tax or amount.
Appointed days
3
1
31st October 2011 is the day appointed for the coming into force of sections 101 and 103 of the Finance Act 2009 (late payment interest on sums due to HMRC) for the purposes of any self-assessment amount payable by a person to HMRC.
2
31st October 2011 is the day appointed for the coming into force of sections 102 and 103 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC) for the purposes of any self-assessment amount payable or repayable by HMRC to any person.
Transitional provision
4
1
In relation to any self-assessment amount payable by a person to HMRC and outstanding immediately prior to 31st October 2011 —
a
section 86 of the Taxes Management 1970 (interest on overdue income tax and capital gains tax) has effect up to and including 30th October 2011, and
b
sections 101 and 103 of the Finance Act 2009 have effect on and after 31st October 2011.
2
In relation to any self-assessment amount payable or repayable by HMRC to a person and outstanding immediately prior to 31st October 2011 —
a
section 824 of the Income and Corporation Taxes Act 1988 (repayment supplements: individuals and others) and section 283 of the Taxation of Chargeable Gains Act 1992 (repayment supplements) have effect up to and including 30th October 2011, and
b
sections 102 and 103 of the Finance Act 2009 have effect on and after 31st October 2011.
5
For the avoidance of doubt, section 86 of the Taxes Management Act 1970, section 824 of the Income and Corporation Taxes Act 1988 and section 283 of the Taxation of Chargeable Gains Act 1992 do not have effect in relation to any self-assessment amount which becomes payable or repayable on or after 31st October 2011.
Consequential provision
6
The Taxes Management Act 1970 is amended as follows.
7
In section 69(1) (recovery of penalty, surcharge or interest) , at the end of paragraph (c) insert —
; and
d
interest charged under section 101 of the Finance Act 2009.
8
1
Section 107A (relevant trustees) is amended as follows.
2
In subsection (2) —
a
in paragraph (a), for “section 103A of this Act” substitute “section 101 of the Finance Act 2009”;
b
in paragraph (c), after “Schedule 56 to the Finance Act 2009” insert “, or to interest under section 101 of that Act on such a penalty;”; and
c
in paragraph (d), after “section 86 of this Act” insert “or section 101 of the Finance Act 2009”.
3
In subsection (3) —
a
for paragraph (a) substitute —
a
in relation to —
i
a penalty under paragraph 4 of Schedule 55 to the Finance Act 2009 in respect of a return or other document falling within item 1, 2 or 3 of the Table in paragraph 1 of that Schedule, or
ii
interest under section 101 of that Act on a penalty within sub-paragraph (i),
the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;
;
b
in paragraph (b), for “section 103A of this Act” substitute “section 101 of the Finance Act 2009”; and
c
in paragraph (c) —
i
at the end of sub-paragraph (i), omit “or”; and
ii
after sub-paragraph (ii) insert —
or
iii
interest under section 101 of that Act on a penalty within sub-paragraph (i) or (ii),
.
9
In paragraph 6(1) of Schedule 2 to the Social Security Contributions and Benefits Act 1992 (other provisions) —
a
for “Section 86 of the Taxes Management Act 1970 (interest on overdue tax)” substitute “Section 101 of the Finance Act 2009 (late payment interest on sums due to HMRC)”; and
b
for “section 824 of the Act of 1988 (repayment supplements)” substitute “section 102 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC)”.
10
In the Taxes (Interest Rate) Regulations 1989 , omit regulation 3(1)(ab).
11
In regulation 4(1) of the Recovery of Social Security Contributions Due in Other Member States Regulations 2010 (interest for late payment of claims) for the words from “under section 178” to “inclusive” substitute —
under —
a
section 178 of the Finance Act 1989 for the purposes of Class 1, 1A and 1B national insurance contributions, or
b
sections 101 and 103 of the Finance Act 2009 for the purposes of Class 4 national insurance contributions,
from the date of recognition until the date of payment inclusive.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2011 and come into force on 17th June 2011.
Amendment of Regulations
2
1
The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2 (interpretation) in paragraph (1) in the definition of “disabled person” omit “more than 2 years old and”.
3
In regulation 4 (descriptions of disabled persons) —
a
in paragraph (1)(b) for “2” substitute “3”; and
b
after paragraph (2)(d) insert —
dd
has —
i
received a lump sum benefit under article 15(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 within tariff levels 1 to 8 (inclusive); and
ii
been certified by the Secretary of State as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking;
.
4
In regulation 6 (fee for issue and period of issue of a badge) in paragraph (2)(a) for “second” substitute “third”.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
23rd May 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Somalia) Order 2011 and shall come into force on 17th February 2011.
2
In this Order —
“designated person” means person listed in Annex I to the Regulation ;
“military goods and technology” means goods and technology included in the Common Military List of the European Union ;
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act;
“the Regulation” means Council Regulation (EU) No 356/2010 and references to Annex I of that Regulation are to be construed as references to that Annex as amended from time to time.
Offences related to military activities
2
1
A person who contravenes any of the following provisions of the Regulation commits an offence —
a
Article 8(1)(a) (prohibition on provision to any designated person of technical assistance related to military activities or to the supply etc. of military goods and technology);
b
Article 8(1)(b) (prohibition on provision to any designated person of financing etc. related to military activities or to the supply etc. of military goods and technology); or
c
Article 8(1)(c) (prohibition on provision to any designated person of investment services related to military activities or to the supply etc. of military goods and technology).
2
A person who contravenes Article 8(2) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 8(1)(a), (b) or (c)) of the Regulation commits an offence and may be arrested.
Overlap with other legislation
3
In any case where a person would, apart from this paragraph, be guilty of —
a
an offence under this Order; and
b
a corresponding offence under the Somalia (United Nations Sanctions) Order 2002 (“the UN Order ”) or under Part 2, 3 or 4 of the Export Control Order 2008 ,
that person shall be guilty only of the offence under the UN Order.
Penalties
4
1
A person guilty of an offence under article 2(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under article 2(2) of this Order is liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both; or
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
Application of the 1979 Act
5
1
Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which would contravene Article 8 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
25th January 2011


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire East (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Cheshire East (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Cheshire East and number of councillors
3
1
The existing wards of the district of Cheshire East are abolished.
2
The district is divided into fifty-two wards each bearing a name listed in column 1 of the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Congleton and number of councillors
4
1
The existing wards of the parish of Congleton are abolished.
2
The parish is divided into two wards named respectively —
a
Congleton East;
b
Congleton West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for each ward.
Wards of the parish of Gawsworth and number of councillors
5
1
The parish of Gawsworth is divided into two wards named respectively —
a
Gawsworth Moss;
b
Gawsworth Village.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Six councillors are to be elected for Gawsworth Village ward.
4
Three councillors are to be elected for Gawsworth Moss ward.
Wards of the parish of Nantwich and number of councillors
6
1
The existing wards of the parish of Nantwich are abolished.
2
The parish is divided into two wards named respectively —
a
Nantwich North and West;
b
Nantwich South.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for Nantwich North and West ward.
5
Five councillors are to be elected for Nantwich South ward.
Wards of the parish of Poynton-with-Worth and number of councillors
7
1
The existing wards of the parish of Poynton-with-Worth are abolished.
2
The parish is divided into two wards named respectively —
a
Poynton East;
b
Poynton West.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Nine councillors are to be elected for each ward.
Wards of the parish of Sandbach and number of councillors
8
1
The existing wards of the parish of Sandbach are abolished.
2
The parish is divided into four wards named respectively —
a
Sandbach Elworth;
b
Sandbach Ettiley Heath and Wheelock;
c
Sandbach Heath and East;
d
Sandbach Town.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Five councillors are to be elected for each ward.
Wards of the parish of Weston and number of councillors
9
1
The parish of Weston is divided into two wards named respectively —
a
Weston Village;
b
Weston Wychwood.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Five councillors are to be elected for Weston Village ward.
4
Three councillors are to be elected for Weston Wychwood ward.
Wards of the parish of Willaston and number of councillors
10
1
The existing wards of the parish of Willaston are abolished.
2
The parish is divided into two wards named respectively —
a
Willaston North;
b
Willaston Village.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Ten councillors are to be elected for Willaston Village ward.
5
Two councillors are to be elected for Willaston North ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 4th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
4th January 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Apprenticeships (Issue of Apprenticeship Certificates) (England) Regulations 2011 and come into force on 13th April 2011.
2
In these Regulations, “ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009.
Manner of applying for an apprenticeship certificate
2
For the purposes of applying for an apprenticeship certificate under sections 3 and 4 of the Act, a person must make an application in writing.
Fees for the issue of an apprenticeship certificate
3
1
The English certifying authority is authorised to charge the person applying for an apprenticeship certificate a fee for the issue of an apprenticeship certificate.
2
The amount of the fee which the English certifying authority may charge for issuing an apprenticeship certificate must not exceed £25, or the cost incurred by the English certifying authority of issuing the apprenticeship certificate, whichever amount is lower.
Supply of copies of apprenticeship certificates
4
1
An English certifying authority must supply a copy of an apprenticeship certificate to the person issued with the original of the apprenticeship certificate where an application is made in writing by that person to the certifying authority.
2
The English certifying authority is authorised to charge a fee for supplying a copy of an apprenticeship certificate.
3
The amount of the fee which the English certifying authority may charge for supplying a copy of an apprenticeship certificate must not exceed £30, or the cost incurred by the English certifying authority of supplying the certificate, whichever amount is lower.
John Hayes
Minister of State for Further Education, Skills and Life Long Learning
Department for Business, Innovation and Skills
23rd March 2011


text:
Citation and commencement
1
This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011 and comes into force on 1st September 2011.
Amendment of section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007
2
1
Section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007 (meaning of “relevant duty of care”) is amended as follows.
2
In paragraph (a) of subsection (2), for “or police station” substitute “, a police station or customs premises”.
3
After that paragraph insert —
aa
he is detained in service custody premises;
.
4
In subsection (7) —
a
after the definition of “custodial institution” insert —
“customs premises” means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;
;
b
after the definition of “secure accommodation” insert —
“service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.
.
Signed by the authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
25th July 2011


text:
Citation and commencement
1
This Order may be cited as the Nottingham Express Transit System (Amendment) Order 2011 and comes into force on 4th July 2011.
Amendment of the Nottingham Express Transit System Order 2009
2
1
The Nottingham Express Transit System Order 2009 is amended as follows.
2
In Schedule 6 (land not to be acquired compulsorily), column (2), delete “67,”.
3
For article 43 substitute —
Open space in the Borough of Broxtowe
43
1
The Broxtowe open space and the County open space shall not vest in the promoter until the promoter has acquired the Broxtowe exchange land and, upon a request made by the promoter, Broxtowe Borough Council has certified that a scheme for the provision of the Broxtowe exchange land as open space has been implemented to its satisfaction.
2
Upon the requirements of paragraph (1) being satisfied, the Broxtowe exchange land shall vest in the County Council subject to the like rights, trusts and incidents as attached to the Broxtowe open space and the County open space and, on the vesting of the Broxtowe exchange land, the Broxtowe open space and the County open space shall each be discharged from all rights, trusts and incidents to which they were previously subject.
3
In this article —
a
“the Broxtowe exchange land” means the land in the Borough of Broxtowe shown numbered 14 on the works and land plans and hatched green on the open space and exchange land plans;
b
“the Broxtowe open space” means the open space comprised in land in the Borough of Broxtowe shown numbered 26, 32, 33, 37, 42, 66, 262, 504, 507, 510 and 511 on the works and land plans and hatched red on the open space and exchange land plans; and
c
“the County open space” means the open space comprised in land in the Borough of Broxtowe shown numbered 67 on the works and land plans and hatched blue on the open space and exchange land plans.
.
Certification of plans, etc.
3
1
Nottingham City Council shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the works and land plans, and the open space and exchange land plans submitted with the application for this Order to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the works and land plans and the open space and exchange land plans for the purposes of this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
2
Sheet nos. 3 and 4 of the open space and exchange land plans submitted with the application for this Order shall be substituted for sheet nos. 3 and 4 of the open space and exchange land plans referred to in the Nottingham Express Transit System Order 2009.
Signed by authority of the Secretary of State
Martin Woods
Head of the Transport and Works Act Orders Unit
Department for Transport
13th June 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Whittington Hospital National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 13th May 2011.
2
In this Order —
“the Establishment Order ” means the Whittington Hospital National Health Service Trust (Establishment) Order 1992 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Substitution of article 3 of the Establishment Order
3
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Substitution of article 4 of the Establishment Order
4
For article 4 of the Establishment Order (directors of the trust) substitute —
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act one of the non-executive directors shall be appointed from University College (University of London).
.
Substitution of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational date and accounting date of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6, 7 and 8 of the Establishment Order
6
The following articles of the Establishment Order are revoked insofar as they are still in force —
a
article 6 (limited functions before operational date);
b
article 7 (assistance by health authorities before operational date); and
c
article 8 (restriction on disposal of assets ) .
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
26th April 2011


text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 and comes into force on 10th January 2012.
PART 2
AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME ORDER 2006
Revocation of article 10 (effect of previous award on later award) of the Armed Forces Redundancy Scheme Order 2006
2
The Armed Forces Redundancy Scheme Order 2006 is amended by revoking article 10.
PART 3
AMENDMENT OF THE ARMED FORCES REDUNDANCY ETC. SCHEMES (NO. 2) ORDER 2010
Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010
3
The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010 is amended as set out in this Part and references to articles are references to articles of that Order.
Amendment of article 6 (redundancy reckonable service)
4
1
In paragraph (1) of article 6 —
a
omit “Subject to article 16”;
b
for “redundancy reckonable service” substitute “Redundancy reckonable service”; and
c
for “whether current or previous service” substitute “whether current or previous aggregated service” .
2
In article 6(5), for the definition of “previous service” substitute —
“previous aggregated service” means a period of service as a member of the armed forces which terminated before current service began and which has been aggregated with the member’s current service under rule G.3, G.4 or G.5 of the Armed Forces Pension Scheme 1975 .
.
Amendment of articles 11, 12 and 13 (concerning amount of payment under article 10)
5
In articles 11, 12 and 13, for “articles 14 to 16” substitute “articles 14 to 15”.
Revocation of article 16 (effect of award under article 10 on later award)
6
Article 16 is revoked.
Amendment of article 29 (resettlement commutation)
7
In article 29, omit paragraph (4).
Amendment of article 35 (entitlement to resettlement grants)
8
In article 35(1)(a), for “is” substitute “was, immediately before ceasing service,”.
PART 4
AMENDMENT OF THE ARMED FORCES PENSION SCHEME ORDER 2005
Amendment of the Armed Forces Pension Scheme Order 2005
9
The Armed Forces Pension Scheme Order 2005 is amended as set out in this Part and references to rules are references to rules of that Order.
Amendment of rule A.1 (interpretation: general)
10
In rule A.1 —
a
after the definition of “final pensionable earnings” insert —
“fixed protection member” has the meaning given in rule B.6; and
in the definition of “member”, after “deferred member” insert “a fixed protection member,”.
Insertion of new rule B.5
11
After rule B.5 insert —
Fixed Protection Members
B.6
1
“Fixed protection member” means a person who —
a
is a member of the armed forces; and
b
has ceased to be an active member as described in rule B.4 for the reasons set out in paragraph (2).
2
The reasons referred to in paragraph (1)(b) are that the member has given notice to an officer of Her Majesty’s Revenue and Customs of their intention to rely upon the lifetime allowance transitional protection afforded by paragraph 14 of Schedule 18 to the Finance Act 2011 .
3
Service as a fixed protection member is not pensionable service, qualifying service or reckonable service.
4
Rules A.1(5) and (6), D.5, D.6, D.11, D.14, E.1, E.2, E.3, E.10, E.16, E.22, E.25, and E.27 are to be construed as if the references to “active member” also apply to a fixed protection member.
.
Amendment of rule D.1 (retirement after reaching pension age)
12
For rule D.1(1), substitute the following —
D.1
1
The general rule is that a member is entitled to a pension for life and a lump sum if —
a
in the case of a member other than a fixed protection member, the member ceases to be in pensionable service at or after reaching pension age; or
b
in the case of a fixed protection member, the member ceases to be in service at or after reaching pension age.
.
Amendment of rule E.15 (death of a member: lump sum benefit)
13
1
For rule E.15(1), substitute —
1
If a member dies before reaching the age of 75, the Secretary of State may pay a lump sum to any of the following —
a
the person or persons nominated by the member in accordance with rule E.21;
b
if there is no person within sub-paragraph (a), to any person who is entitled to a pension under rule E.1 in respect of the member, or to whom a pension may be awarded under rule E.2 in respect of the member;
c
if there is no person within sub-paragraph (a) or (b), to any person who, but for the application of rule E.1(2) or rule E.2(2), would be so entitled or to whom a pension may be awarded; or
d
if there is no person within sub-paragraphs (a), (b) or (c), to the member’s personal representatives.
.
2
For rule E.15(4), substitute —
4
A lump sum paid under this rule may not be paid more than two years after the day on which the Scheme administrator first knew, or could reasonably be expected to have known, of the member’s death.
.
3
After rule E.15(4), insert —
5
The annual amount of pension paid to a person under this Part shall be increased by such amount as the Defence Council, after consulting with the Scheme actuary, may determine, if —
a
the Defence Council have determined that a lump sum should be paid to the person under this Part, but the lump sum is not paid within two years of the date of the death; or
b
the Defence Council have determined that, but for paragraph (1), a lump sum would have been paid to the person.
.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
14th December 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011, and shall come into force on 27th May 2011.
2
Regulation 2 extends to England and Wales only.
3
Regulations 3 to 7 extend to England and Wales, Scotland and Northern Ireland.
Amendments to the Magistrates’ Courts Act 1980
2
In section 65 of the Magistrates’ Courts Act 1980 (meaning of family proceedings) —
a
in subsection (1) —
i
after paragraph (r) insert —
ra
Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark ;
;
ii
in paragraphs (i) and (ii) (following the words “it does not include — ”), for “or registered” substitute “, registered or enforceable”;
b
in subsection (2)(a), for “and (r)” substitute “, (r) and (ra)”;
c
in subsection (2)(a) and (b), for “or registered” substitute “, registered or enforceable”.
Amendments to the Civil Jurisdiction and Judgments Act 1982
3
The Civil Jurisdiction and Judgments Act 1982 is amended as follows.
4
1
Section 1 (interpretation of references to the Conventions and Contracting States) is amended as follows.
2
In subsection (1) after the definition of “the Lugano Convention” insert —
“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
.
3
In subsection (3) after the definition of “Brussels Contracting State” insert —
“Maintenance Regulation State”, in any provision, in the application of that provision in relation to the Maintenance Regulation means a Member State;
.
5
1
Section 48 (matters for which rules of court may provide) is amended as follows.
2
In subsection (1), at the end insert “or the Maintenance Regulation”.
3
In subsection (2), for the words from “certificate or judgment” to “may be enforced,” substitute —
certificate or judgment —
a
which has been registered in any court under any provision of this Act or the Regulation,
b
which is enforceable in the United Kingdom by virtue of Section 1 of Chapter IV of the Maintenance Regulation, or
c
which has been registered for the purposes of Section 2 of that Chapter,
may be enforced,
.
4
In subsection (3) —
a
in the opening words, after “the Regulation” insert “, the Maintenance Regulation”;
b
in paragraph (a) for “or Regulation State”, in both places, substitute “, Regulation State or Maintenance Regulation State”;
c
in paragraph (b) for “or Regulation States” substitute “, Regulation States or Maintenance Regulation States”;
d
in paragraph (e) for “or Regulation State” substitute “, Regulation State or Maintenance Regulation State”;
e
in paragraph (g) for “or Regulation States” substitute “, Regulation States or Maintenance Regulation States”.
6
In section 50 (interpretation: general) after the definition of “magistrates’ court” insert —
“the Maintenance Regulation” has the meaning given by section 1(1);
“Maintenance Regulation State” has the meaning given by section 1(3);
.
Authentic instruments and court settlements
7
1
Section 48 of the Civil Jurisdiction and Judgments Act 1982 (matters for which rules of court may provide) applies in relation to authentic instruments and court settlements as if they were maintenance decisions to which the Maintenance Regulation applies.
2
The reference in paragraph (1) to authentic instruments and court settlements is to those authentic instruments and court settlements which are to be recognised and enforceable in the same way as maintenance decisions by virtue of Article 48 of the Maintenance Regulation.
3
In this regulation —
“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
“authentic instrument” and “court settlement” have the meanings given in Article 2 of the Maintenance Regulation.
Signed by authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
5th May 2011


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2011 and comes into force on 21st November 2011.
Specification of functions
2
1
The functions exercisable by the Scottish Ministers under the provisions mentioned in paragraph (2), insofar as those functions may be exercised by the Scottish Ministers to enter into contracts to secure the provision of equipment, goods or services for the health service, are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
2
The provisions are —
a
the following sections of the National Health Service (Scotland) Act 1978 —
i
section 1 (general duty of the Scottish Ministers);
ii
section 1A (duty of the Scottish Ministers to promote health improvement);
iii
section 15(1)(a) and (2) (supply of goods and services to providers of primary medical services, general dental or ophthalmic services or pharmaceutical services);
iv
section 37 (prevention of illness, care and after-care);
v
section 38 (arrangements for the care of expectant mothers, nursing mothers and young children);
vi
section 40(3) (supply of vaccine, sera or other preparations for vaccinating or immunising persons against disease);
vii
section 41 (family planning);
viii
section 42 (health education);
ix
section 43 (control of spread of infectious disease);
x
section 44 (supplies of blood and other substances);
xi
section 47 (educational and research facilities); and
xii
section 79 (property), except insofar as that section relates to the purchase of heritable property;
b
section 7 of the Health and Medicines Act 1988 (extension of powers of Secretary of State for financing the health service), except subsection (2)(b); and
c
section 1 of the Public Health etc. (Scotland) Act 2008 (duty of Scottish Ministers to protect public health).
3
In this article “the health service” has the same meaning as in section 108(1) of the National Health Service (Scotland) Act 1978.
Judith Simpson
Clerk of the Privy Council