text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Authorised Payments) Amendment Regulations 2009 and shall come into force on 1st December 2009.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
2
For regulation 5 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (short service benefit in lump sum form), substitute —
Short service benefit in lump sum form
5
For the purposes of section 71(6) of the Act (basic principle as to short service benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of short service benefit in the form of a lump sum before normal pension age are that the payment of a lump sum —
a
to the member is permitted in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004 (lump sum rule); or
b
is —
i
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
ii
a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 ; and
iii
made to or in respect of a member.
.
Amendment of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations 1996
3
In regulation 5 of the Occupational Pension Schemes (Discharge of Protected Rights on Winding Up) Regulations 1996 (conditions upon which appropriate policies of insurance may be commuted) —
a
in paragraph (1), for “paragraph (2)” substitute “paragraph (2), (2A)”, and
b
after paragraph (2), insert —
2A
This paragraph is satisfied if the lump sum payment is —
a
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
b
a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009; and
c
made to or in respect of a member.
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
4
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) , after the definition of “the 2004 Act” insert —
“the 2009 Regulations ” means the Registered Pension Schemes (Authorised Payments) Regulations 2009;
.
3
In regulation 20(1) (payment of a lump sum instead of a pension payable under a relevant scheme) —
a
immediately before sub-paragraph (a), omit “is permitted either”,
b
in sub-paragraphs (a) and (b), insert at the beginning “is permitted”, and
c
after sub-paragraph (b), insert —
; or
c
is —
i
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
ii
a payment that is described in Part 2 of the 2009 Regulations; and
iii
made to or in respect of a member.
.
4
In regulation 60(1)(b)(i) (payment of a guaranteed minimum pension as a lump sum) —
a
omit “qualifies as”,
b
in sub-paragraphs (aa) and (bb), insert at the beginning “qualifies as”, and
c
after sub-paragraph (bb), insert —
cc
is made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”)), is a payment that is described in Part 2 of the 2009 Regulations and is made to or in respect of a member; or
.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
5
In regulation 8 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (giving effect to protected rights by the provision of a lump sum) —
a
in paragraph (1), for “either paragraph (1A)” substitute “paragraph (1A), (1AA)”, and
b
after paragraph (1A), insert —
1AA
This paragraph is satisfied if the lump sum payment is —
a
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
b
a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009; and
c
made to or in respect of a member.
.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
6
For regulation 8(6)(b)(i) of the Occupational Pension Schemes (Winding Up) Regulations 1996 (requirements to be satisfied by transferee schemes, annuities etc. ), substitute —
i
of a lump sum —
aa
that is a trivial commutation lump sum or a winding up lump sum for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 is made to a member; or
bb
is made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”)), is a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 and is made to or in respect of a member; and
.
Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997
7
In regulation 2(1)(a) of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 (commutation of a pension under an occupational pension scheme), after paragraph (ii) insert —
iii
the earner or the earner’s widow, widower or surviving civil partner is a payment —
aa
by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”)); and
bb
that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009; or
.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
8
In regulation 15 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (disqualification as a destination for pension credit – annuity contracts and insurance policies) —
a
in paragraph (4) —
i
omit the word “either”, and
ii
after sub-paragraph (a), insert —
aa
the condition set out in paragraph (5A) is satisfied; or
, and
b
after paragraph (5), insert —
5A
The condition referred to in paragraph (4)(aa) is that the lump sum payment is —
a
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
b
a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009; and
c
made to or in respect of a member.
.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
9
For regulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (pension credit benefit in lump sum form), substitute —
Pension credit benefit in lump sum form
3
For the purposes of section 101C(2) of the 1993 Act (basic principle as to pension credit benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of pension credit benefit in the form of a lump sum before normal benefit age are —
a
those which permit payment of a lump sum in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004 (lump sum rule); or
b
that the lump sum payment is —
i
made by a registered pension scheme (within the meaning given in section 150(2) of the Finance Act 2004 (meaning of “pension scheme”));
ii
a payment that is described in Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009; and
iii
made to or in respect of a member.
.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State
2nd November 2009
Department for Work and Pensions


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Support Staff Negotiating Body (Prescribed Organisations) Regulations 2009 and come into force on 12th January 2010.
2
These Regulations apply only in relation to England.
Prescribed organisations
2
For the purposes of paragraph 1(2) of Schedule 15 to the Apprenticeships, Skills, Children and Learning Act 2009, the organisations listed in the Schedule are the prescribed organisations.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
15th December 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the European Parliamentary Elections (Amendment) (No.2) Regulations 2009.
2
These Regulations shall come into force on the day after the day on which they are made.
3
These Regulations extend to England, Wales, Scotland and Gibraltar.
Amendments to the European Parliamentary Elections Regulations 2004
2
1
The European Parliamentary Elections Regulations 2004 are amended as follows.
2
In Schedule 1 (European Parliamentary elections rules) , rule 53(3) (the count), for “them” substitute “the numbers or other unique identifying marks printed on the back of the papers”.
3
In Schedule 2 (absent voting) —
a
in paragraph 36(7) (requiring personal identifiers from existing absent voters), for “an elections” substitute “an election”;
b
in paragraph 39(1)(a) (consequences of failure or refusal to provide personal identifiers), for “voting records” substitute “absent voting records”;
c
in paragraph 54(10) (lost postal ballot papers), for “regulation 52” substitute “paragraph 52”; and
d
in paragraph 70(1) (forwarding of documents), for “those rules” substitute “the European Parliamentary elections rules”.
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
31st March 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces (Pensions)(Prescribed Modification) Order 2009 and comes into force on 6th March 2009.
2
In this Order —
“final pensionable earnings” has the meaning given in rule A.4 of the Scheme; and
“the Scheme” means the Armed Forces Pension Scheme 2005 established by the Armed Forces Pension Scheme Order 2005 and set out in Schedule 1 to that Order.
Modification of the Armed Forces Pension Scheme 2005
2
For the purposes of section 3(1)(b) of the Armed Forces (Pensions and Compensation) Act 2004, the prescribed manner of the exercise of the power to modify a pension scheme established under section 1(1) of that Act is any modification to the way that adjustments for inflation are calculated for the purposes of —
a
determining final pensionable earnings;
b
increasing pensions.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
11th February 2009


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 2009.
2
These Regulations come into force on 1st September 2009.
3
The definition of “the Principal Regulations ” in paragraph (5), and regulation 14 have effect from 6th April 2006.
4
Regulation 11 has effect from 1st October 2008.
5
In these Regulations —
“office holder” and “participant” have the meanings set out in regulation A2 of the Principal Regulations; and
“the Principal Regulations” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 .
6
The amendments to the Principal Regulations provided for in regulations 2 to 10, 13 and 15 have effect only in relation to a person who is in service as a Member of the House of Commons or as an office holder on or after 1st September 2009.
7
The amendments to the Principal Regulations provided for in regulations 2 to 4, 7 to 10, 13 and 15 do not have effect in relation to a person (“P”) who —
a
applies for an ill-health pension in accordance with regulation J1(3) of the Principal Regulations and receives notice from the Trustees before 31st May 2009 notifying P that P is entitled to receive an ill-health pension payable from the time specified in P’s application, and
b
ceases to be a participant at or before the time specified in P’s application.
Duration of pensions
2
In paragraph (1) of regulation F8 of the Principal Regulations after “Subject to the following provisions of this regulation” insert “and regulation J6”.
Ill-health pensions based on service as a participating Member
3
1
Regulation J1 of the Principal Regulations is amended as follows.
2
For paragraph (2) substitute —
2
If on an application under this regulation —
a
the applicant (“A”) satisfies paragraph (1)(a);
b
A has certified to the Trustees in such form as the Trustees require that A does not intend —
i
to seek re-election to the House of Commons;
ii
to accept any future offer of a qualifying office; or
iii
to accept membership of the House of Lords; and
c
the Trustees are satisfied that —
i
A’s ceasing to be a participating Member as mentioned in paragraph (1)(a) is a direct consequence of A’s ill-health;
ii
A’s ill-health is such as would permanently prevent A from performing adequately the duties of a Member of the House of Commons; and
iii
A’s ill-health is such as would permanently prevent A from performing any gainful work,
A shall, subject to regulation J6, be entitled to receive an upper-tier ill-health pension as from the material time, payable under regulation F1 and calculated in accordance with paragraph (4).
.
3
After paragraph (2) insert —
2A
If on an application under this regulation —
a
the applicant (“A”) —
i
satisfies the requirements of paragraph (1)(b) but not paragraph (1)(a); or
ii
satisfies the requirements of paragraph (1)(a) but not paragraph (2);
b
A has certified to the Trustees in such form as the Trustees require that A does not intend —
i
to seek re-election to the House of Commons; or
ii
to accept any future offer of a qualifying office; and
c
the Trustees are satisfied that —
i
A’s ceasing to be a participating Member as mentioned in paragraph (1)(a) or ceasing to be a participating office holder as mentioned in paragraph (1)(b) is a direct consequence of A’s ill-health; and
ii
A’s ill-health is such as would permanently prevent A from performing adequately the duties of a Member of the House of Commons,
A shall, subject to regulation J6, be entitled to receive a lower-tier ill-health pension as from the material time, payable under regulation F1 and calculated in accordance with paragraph (4A).
.
4
For paragraph (3) substitute —
3
Where a participant (“P”) would become entitled to make an application under paragraph (1) if, because of ill-health, P were to cease as mentioned in sub-paragraph (a) or (b) of paragraph (1) at a particular time in the future, P may make an application under paragraph (1) before so ceasing, specifying in the application the time when P proposes so to cease.
3A
Where —
a
a participant (“P”) makes an application in accordance with paragraph (3); and
b
the Trustees are satisfied that if, because of ill-health, P ceases as mentioned in sub-paragraph (a) or (b) of paragraph (1) at the time specified in the application, P will be entitled under paragraph (2) or (2A) to receive a pension under regulation F1 as from that time,
the Trustees must give P notice in writing to that effect, specifying under which of paragraphs (2) or (2A) entitlement will arise.
.
5
For paragraph (4) substitute —
4
The annual amount of an upper tier ill-health pension payable under regulation F1 to a person (“P”) by virtue of paragraph (2) shall (subject to Part G (Commutation)) be calculated in accordance with regulation F2; but for the purposes of that calculation P’s actual period of reckonable service as a participating Member shall be increased by a period equal to the period between P’s ceasing as mentioned in sub-paragraph (a) of paragraph (1) and the time when P would attain the age of sixty-five years.
4A
The annual amount of a lower tier ill-health pension payable under regulation F1 to a person by virtue of paragraph (2A) shall (subject to Part G (Commutation)) be calculated in accordance with regulation F2.
.
6
In paragraph (5)(b) for “for the purpose of that calculation” substitute “for the purpose of calculating an upper tier ill-health pension payable by virtue of paragraph (2)”.
7
In paragraph (6)(a) and (b), after “if, but only if, he” in each place where it occurs insert “makes an application under this regulation and”.
Ill-health pensions based on service as an office holder
4
1
Regulation J2 of the Principal Regulations is amended as follows.
2
For sub-paragraph (1)(a) substitute —
a
ceases to be a participating Member and a participating office holder before attaining the age of sixty-five years; or
.
3
For paragraph (2) substitute —
2
If on an application under this regulation —
a
the applicant (“A”) has certified to the Trustees in such form as the Trustees require that A does not intend —
i
to seek election or re-election to the House of Commons; or
ii
to accept any future offer of a qualifying office; and
b
the Trustees are satisfied that —
i
A’s ceasing to be a participating Member as mentioned in paragraph (1)(a) or ceasing to be a participating office holder as mentioned in paragraph (1)(b) is a direct consequence of A’s ill-health; and
ii
A’s ill-health is such as would permanently prevent A from performing adequately the duties of a Member of the House of Commons,
A shall, subject to regulation J6, be entitled to receive a lower tier ill-health pension as from the material time, payable under regulation F3 and calculated in accordance with paragraph (4).
.
4
For paragraph (3) substitute —
3
Where a participant (“P”) would become entitled to make an application under paragraph (1) if, because of ill-health, P were to cease as mentioned in sub-paragraph (a) or (b) of paragraph (1) at a particular time in the future, P may make an application under paragraph (1) before so ceasing, specifying in the application the time when P proposes so to cease.
3A
Where —
a
a participant (“P”) makes an application in accordance with paragraph (3); and
b
the Trustees are satisfied that if, because of ill-health, P ceases as mentioned in sub-paragraph (a) or (b) of paragraph (1) at the time specified in the application, P will be entitled under paragraph (2) to receive a pension under regulation F3 as from that time,
the Trustees must give P notice in writing to that effect.
.
5
For paragraph (4) substitute —
4
The annual amount of a lower tier ill-health pension payable under regulation F3 by virtue of this regulation shall (subject to Part G (Commutation)) be calculated in accordance with regulation F4.
.
Ill-health pensions for former Members
5
1
Regulation J3 of the Principal Regulations is amended as follows.
2
In paragraph (1) —
a
for “retired from gainful work” substitute “permanently ceased to perform gainful work”;
b
for “an early pension” substitute “early payment of his pension”; and
c
for “he so retired” substitute “he so ceased to perform gainful work”.
3
For paragraph (2) substitute —
2
If on an application under this regulation —
a
the applicant (“A”) has certified to the Trustees in such form as the Trustees require that A does not intend —
i
to seek election to the House of Commons; or
ii
to accept any future offer of a qualifying office; and
b
the Trustees are satisfied that —
i
A has permanently ceased to perform gainful work as a direct consequence of A’s ill-health; and
ii
A’s ill-health is such as would permanently prevent A from performing adequately the duties of a Member of the House of Commons,
A shall, subject to regulation J6, be entitled to receive a pension under regulation F1 as from the date on which the Trustees are satisfied that A meets the conditions in paragraphs (1) and (2) of this regulation.
.
4
Omit paragraph (4).
Ill-health pensions for former office holders
6
In regulation J4 of the Principal Regulations for “retired from gainful work” substitute “permanently ceased to perform gainful work”.
Requirement for incapacity for occupation
7
Omit regulation J4A of the Principal Regulations.
Additional provisions relating to ill-health pensions
8
For regulation J5 of the Principal Regulations substitute —
Additional provisions relating to ill-health pensions
J5
1
In connection with an application made by a person (“A”) under this Part, the Trustees must consider —
a
evidence from a registered medical practitioner that, because of physical or mental impairment —
i
A is incapable of carrying on A’s occupation; or
ii
A is incapable of performing any gainful work,
and that A’s incapacity is likely to be permanent; and
b
such other evidence as the Trustees consider appropriate.
2
The Trustees may require A to undergo a medical examination by a registered medical practitioner nominated by them.
3
Where the Trustees require A to undergo a medical examination, the Trustees may —
a
determine whether the fees for that examination must be paid by A or by the Trustees; and
b
refuse an application if the applicant refuses to undergo the medical examination.
4
For the purposes of an application under this Part, the Trustees and the registered medical practitioner, when considering A’s degree of incapacity, may take into account —
a
the duties of a Member of Parliament as specified by the Trustees; and
b
where A is a participating Member, the location of A’s constituency.
5
In considering whether A is incapable of carrying on A’s occupation or of performing any gainful work, the Trustees may take account of the views of any registered medical practitioner nominated by them as to the impact of any medical treatment that A could undergo.
.
Ill-health definitions and review of ill-health pensions
9
After regulation J5 of the Principal Regulations insert —
Ill-health definitions
J5A
In this Part —
“gainful work” means —
work from which the person concerned gains the whole or a substantial part of the person’s income (ignoring any income received from investments, trusts or other sources not related to work), being work —
under a contract of employment,
as the holder of an office, or
as a self-employed person engaged in a business or profession; or
work from which the person concerned would obtain such an income if the person had not waived payment in relation to that work,
and the Trustees may treat voluntary or unpaid work as gainful work if they consider that the duties of that work are equivalent to employment for which the person concerned could obtain an income; and
“permanent” in relation to a situation or condition means that the situation or condition will continue until the applicant attains the age of sixty-five years.
Review of ill-health pensions
J6
1
The Trustees may, at such intervals as the Trustees determine, review the continued payment of an ill-health pension in payment to a person (“P”) by virtue of this Part and may reduce that pension to the extent they consider appropriate or terminate that pension if —
a
in the case of a pension payable by virtue of regulation J1(2), J3(2) or J4 the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from —
i
performing adequately the duties of a Member of the House of Commons; or
ii
performing any gainful work, or
b
in the case of a pension payable by virtue of regulation J1(2A) or J2(2), the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from performing adequately the duties of a Member of the House of Commons.
2
A review may not be carried out under this regulation on or after the date on which P attains the age of sixty-five years.
3
Where a pension is reduced or terminated under this regulation, the pension payable to P with effect from the date when the reduction or termination applies shall, subject to paragraphs (5) and (7) and regulation F7, be the reduced pension (if any) that the Trustees determine should continue to be payable under paragraph (1).
4
Paragraph (5) applies where —
a
a pension has been reduced or terminated under this regulation, and
b
P subsequently fulfils the conditions for payment of a pension by virtue of regulation H1 or H2, including the requirement to apply in writing to the Trustees.
5
Where this paragraph applies, the amount of pension payable to P from the date of P’s application under regulation H1 or H2 or, if later, such other date as may be specified in the application must be no less than an amount —
a
calculated in accordance with regulation H1 or H2, instead of in accordance with this Part; and
b
reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G at the time of P’s retirement under this Part.
6
Paragraph (7) applies where —
a
a pension has been reduced or terminated under this regulation,
b
paragraph (5) does not apply, and
c
P subsequently fulfils the conditions for payment of a pension under regulation F1 or F3.
7
Where this paragraph applies, the amount of pension payable to P from the date on which P fulfils the conditions in regulation F1 or F3 must be no less than an amount —
a
calculated in accordance with regulation F2 or F4, instead of in accordance with this Part; and
b
reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G at the time of P’s retirement under this Part.
.
Death in service of participating Member
10
In paragraph (2) of regulation K4 of the Principal Regulations for “had by virtue of regulation J1 been entitled to receive a pension” substitute “had by virtue of regulation J1(2) been entitled to receive an upper tier ill-health pension”.
Calculating amounts of transfer value payments
11
1
Regulation P5 of the Principal Regulations is amended as follows.
2
In paragraph (1) for “accordance with guidance and tables provided by the Government Actuary to the Trustees for use at the guarantee date” substitute “a manner determined by the Trustees, after consultation with the Government Actuary”.
3
In paragraph (2) for “preparing those tables the Government Actuary must use such factors as he considers appropriate,” substitute “determining the manner in which the guaranteed cash equivalent transfer value payment is to be calculated, the Trustees must use such assumptions as they consider appropriate, having taken advice from the Government Actuary and”.
Procedure for applying for acceptance of a transfer value payment from another scheme
12
In regulation P8 of the Principal Regulations for paragraph (2) substitute —
2
An applicant must not make an application relating to —
a
a transfer value payment from a personal pension scheme, or
b
unless paragraph (3) applies, a transfer value payment relating only to voluntary contribution rights,
if the applicant has paid contributions to the personal pension scheme or towards those voluntary contribution rights after the relevant date.
.
Effect of option to cease contributions by Members with enhanced protection
13
For paragraph (3)(b) of regulation T3 of the Principal Regulations substitute —
b
if a pension becomes payable to the individual under regulation F1 by virtue of regulation J1 (ill-health pensions based on service as a participating Member) the pension will be calculated as if it were a lower tier ill-health pension under rule J1(2A) and no enhancement will apply to the individual’s reckonable service.
.
Maximum pensions
14
In the definition of “retained benefits” in paragraph 1 of Schedule 2 of the Principal Regulations after “are derived from a registered pension scheme” insert “, excluding benefits in respect of service or which relate to earnings in respect of service”.
Purchase of added years in cases of interrupted service
15
In Schedule 6 of the Principal Regulations for “regulation J1” in each place where it occurs substitute “regulation J1(2)”.
Review of transitional ill-health pensions
16
1
This regulation applies to an ill-health pension payable to a person (“P”) who —
a
applies for the pension in accordance with regulation J1(3) of the Principal Regulations and receives notice from the Trustees before 31st May 2009 notifying P that P is entitled to receive the pension from the time specified in P’s application, and
b
ceases to be a participant at or before the time specified in P’s application.
2
The Trustees may, at such intervals as the Trustees determine, review the continued payment of the pension and may reduce the pension to the extent they consider appropriate or terminate the pension if the Trustees are no longer satisfied that P’s ill-health is such as would permanently prevent P from performing adequately the duties of a Member of the House of Commons.
3
A review may not be carried out under this regulation on or after the date on which P attains the age of sixty-five years.
4
Where a pension is reduced or terminated under this regulation, the pension payable to P with effect from the date when the reduction or termination applies shall, subject to paragraphs (6) and (8) and regulation F7 of the Principal Regulations (guaranteed minimum pensions), be the reduced pension (if any) that the Trustees determine should continue to be payable under paragraph (2).
5
Paragraph (6) applies where —
a
a pension has been reduced or terminated under this regulation, and
b
P subsequently fulfils the conditions for payment of a pension by virtue of regulation H1 or H2 of the Principal Regulations (early retirement for Members of the House of Commons or office holders who have been Members), including the requirement to apply in writing to the Trustees.
6
Where this paragraph applies, the amount of pension payable to P from the date of P’s application under regulation H1 or H2 of the Principal Regulations or, if later, such other date as may be specified in the application must be no less than an amount —
a
calculated in accordance with regulation H1 or H2 of the Principal Regulations, and
b
reduced in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G of the Principal Regulations (commutation) at the time of P’s retirement under Part J of the Principal Regulations (ill-health pensions).
7
Paragraph (8) applies where —
a
a pension has been reduced or terminated under this regulation,
b
paragraph (6) does not apply, and
c
P subsequently fulfils the conditions for payment of a pension under regulation F1 or F3 of the Principal Regulations (entitlement of pensioner Members and office holders).
8
Where this paragraph applies, the amount of pension payable to P from the date on which P fulfils the conditions in regulation F1 or F3 of the Principal Regulations must be no less than an amount —
a
calculated in accordance with regulation F2 or F4 of the Principal Regulations (amount payable to pensioner Members and office holders), and
b
reduced, in such manner as the Government Actuary determines, to take account of any lump sum received by P under Part G of the Principal Regulations at the time of P’s retirement under Part J of the Principal Regulations.
Harriet Harman
Leader of the House of Commons
Tessa Jowell
Minister for the Civil Service
16th July 2009


text:
Citation and commencement
1
This Order may be cited as the Revenue and Customs Appeals Order 2009 and comes into force on 1st April 2009.
Amendment of the Oil Taxation Act 1975
2
For paragraph 14(11) of Schedule 2 to the Oil Taxation Act 1975 (management and collection of petroleum revenue tax) substitute —
11
When an appeal is notified to the tribunal, the decision of the tribunal on the appeal is final and conclusive.
12
But sub-paragraph (11) is subject to —
a
sections 9 to 14 of the Tribunals, Courts and Enforcement Act 2007 ,
b
Tribunal Procedure Rules, and
c
any provision of this Schedule.
.
Amendment of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999
3
After section 13(2) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 insert —
2A
Regulations under subsection (1) above may provide for sections 11(2) and 13(2) of the Tribunals, Courts and Enforcement Act 2007 to apply with such modifications as may be specified in the regulations in relation to an appeal to the tribunal under this Part.
.
Amendment of the Counter-Terrorism Act 2008
4
The Schedule contains amendments to the Counter-Terrorism Act 2008 .
Amendment of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
5
After article 12(2) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 insert —
2A
Regulations under paragraph (1) above may provide for sections 11(2) and 13(2) of the Tribunals Courts and Enforcement Act 2007 to apply with such modifications as may be specified in the regulations in relation to an appeal to the tribunal under this Part.
.
Amendment of the Social Security Contributions (Decisions and Appeals) Regulations 1999
6
For regulation 12 of the Social Security Contributions (Decisions and Appeals) Regulations 1999 substitute —
Appeals from the tribunal
12
1
Section 56 of the Management Act (payment of tax where there is a further appeal) shall apply to appeals from the tribunal under Part II of the Transfer Act and Part III of the Transfer Order.
2
For the purposes of sections 11(2) and 13(2) of the Tribunals, Courts and Enforcement Act 2007 a party to the case includes —
a
the appellant and HMRC ;
b
in the case of an appeal against a decision relating to a person’s entitlement to statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, the employee or employer concerned; and
c
in any other case, any other person named in the decision.
.
Amendment of the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009
7
Omit paragraph 74(7) of Schedule 1 and paragraph 67 of Schedule 2 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 .
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 and shall come into force on 8th May 2009.
2
These Regulations apply in relation to England.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
2
1
The National Health Service (Charges for Drugs and Appliances) Regulations 2000 are amended as follows.
2
In regulation 5 (supply of drugs and appliances by Health Authorities, NHS trusts and Primary Care Trusts) —
a
in paragraph (1), after “(3A)” insert “, (3B)”; and
b
after paragraph (3A) insert the following paragraph —
3B
No charge shall be made and recovered under this regulation in respect of a supply which is —
a
made —
i
while a disease is, or
ii
in anticipation of a disease being imminently,
pandemic and a serious risk, or potentially a serious risk, to human health; and
b
in accordance with a protocol relating to that disease as provided for in article 12F of the Prescription Only Medicines (Human Use) Order 1997 or article 8 of the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
.
Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 1989
3
In Schedule 1 to the National Health Service (Charges to Overseas Visitors) Regulations 1989 , in Part IV (other diseases), after “Severe Acute Respiratory Syndrome” insert the following entry —
Pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza).
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
6th May 2009


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Amendments Relating to Optical Charges and Payments) Regulations 2009 and come into force on 1st April 2009.
2
In these Regulations, “the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
3
These Regulations apply in relation to England.
Amendments to the Optical Regulations
2
1
The Optical Regulations are amended as follows.
2
In regulation 1 (citation, commencement and interpretation) —
a
in the definition of “ NHS sight test fee” for “£53.34” substitute “£55.93” and for “£19.32” substitute “£20.26”; and
b
for the definition of “prisoner” substitute the following definition —
“prisoner” means a person who is detained in a prison, but is at the time he receives any primary ophthalmic service, on leave from that prison;
.
3
In regulation 8(3)(l)(ii) (eligibility – supply of optical appliances) for “£15,050” substitute “£15,276”.
4
In regulation 19 (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£51.90” substitute “£52.90”; and
b
in paragraph (3), for “£13.40” substitute “£13.70”.
5
In Schedule 1 (voucher letter codes and face values – supply and replacement), in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below:
(1)
Old amount
(2)
New amount
£35.50 £36.20 £54.00 £55.10 £79.00 £80.60 £178.40 £182.00 £61.40 £62.70 £78.10 £79.70 £101.20 £103.30 £196.10 £200.10 £182.70 £186.40
6
In Schedule 2 (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£11.60” substitute “£11.80”;
b
in paragraph 1(1)(b), for “£13.90” substitute “£14.20”;
c
in paragraph 1(1)(c), for “£3.90” substitute “£4.00”;
d
in paragraph 1(1)(d), for “£4.40” substitute “£4.50”;
e
in paragraph 1(1)(e), for “£58.50”, “£51.90”, and “£28.00” substitute “£59.70”, “£52.90” and “£28.60” respectively;
f
in paragraph 1(1)(g), for “£58.50” substitute “£59.70”;
g
in paragraph 2(a), for “£13.40” substitute “£13.70”; and
h
in paragraph 2(b), for “£33.90” substitute “£34.60”.
7
For Schedule 3 (voucher values – repair), substitute —
SCHEDULE 3
VOUCHER VALUES REPAIR
Regulation 19(2) and (3)
(1)
Nature of Repair
(2)
Letter of Codes – Values
A B C D E F G H I £ £ £ £ £ £ £ £ £ Repair or replacement of one lens 11.25 20.70 33.45 84.15 24.50 33.00 44.80 93.20 86.35 Repair or replacement of two lenses 22.50 41.40 66.90 168.30 49.00 66.00 89.60 186.40 172.70 Repair or replacement of: the front of a frame 11.60 11.60 11.60 11.60 11.60 11.60 11.60 11.60 11.60 A side of a frame 6.90 6.90 6.90 6.90 6.90 6.90 6.90 6.90 6.90 the whole frame 13.70 13.70 13.70 13.70 13.70 13.70 13.70 13.70 13.70
.
Transitional Provision
3
The amounts substituted by regulation 2(4) to (7) shall apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2009.
Amendment to the Primary Ophthalmic Services Regulations 2008
4
In regulation 3(2)(g)(ii) of the Primary Ophthalmic Services Regulations 2008 (sight tests –eligibility) for “£15,050” substitute “£15,276”.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
26th February 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Identity Cards Act 2006 (Civil Penalties) Regulations 2009 and shall come into force on 20 th October 2009.
2
In these Regulations –
“the Identity and Passport Service” means the Secretary of State acting through the Identity and Passport Service;
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom; and
“the 2006 Act ” means the Identity Cards Act 2006.
Service of notice
2
1
A notice given under section 31(2) of the 2006 Act must be —
a
sent by
i
first class post,
ii
prepaid registered post, or
iii
recorded delivery service,
to the last known address of the defaulter;
b
sent by facsimile to the last known number of the defaulter;
c
sent by electronic mail to the last known electronic mail address of the defaulter; or
d
delivered by hand to the last known address of the defaulter.
2
A notice given in accordance with paragraph (1) shall be deemed to have been given to the defaulter –
a
in the case of a notice given in accordance with sub-paragraph (a), on the second day after the day on which it was sent;
b
in the case of a notice given in accordance with sub-paragraph (b) or (c), on the day on which it was sent; and
c
in the case of a notice given in accordance with sub-paragraph (d), on the day on which it was delivered.
Method of giving a notice of objection
3
1
A notice of objection given under section 32(2) of the 2006 Act must be —
a
sent by –
i
first class post,
ii
prepaid registered post, or
iii
recorded delivery service,
to the address specified in the notice given under section 31(2) of the 2006 Act;
b
sent by facsimile to the number specified in the notice given under section 31(2) of the 2006 Act; or
c
sent by electronic mail to the electronic mail address specified in the notice given under section 31(2) of the 2006 Act.
2
A notice referred to in paragraph (1) must be on form made available for the purpose by the Identity and Passport Service.
4
The period prescribed for the purposes of giving a notice of objection under section 32(2) of the 2006 Act is a period of thirty working days beginning with the day on which the notice under section 31(2) of the 2006 Act was given to the defaulter.
Notification of outcome of consideration of objection
5
1
A notification given under section 32(5) of the 2006 Act must be -
a
sent by –
i
first class post,
ii
prepaid registered post, or
iii
recorded delivery service,
to the last known address of the defaulter;
b
sent by facsimile to the last known number of the defaulter;
c
sent by electronic mail to the last known electronic mail address of the defaulter; or
d
delivered by hand to the last known address of the defaulter.
2
A notification given in accordance with paragraph (1) shall be deemed to have been given to the defaulter –
a
in the case of a notification given in accordance with sub-paragraph (a), on the second day after the day on which it was sent;
b
in the case of a notification given in accordance with sub-paragraph (b) or (c), on the day on which it was sent; and
c
in the case of a notification given in accordance with sub-paragraph (d), on the day on which it was delivered.
3
The period prescribed for the purposes of giving a notification under section 32(5) of the 2006 Act is a period of thirty working days beginning with the day on which the notice of objection was received.
Bill Brett
Parliamentary Under-Secretary of State
Home Office
23rd September 2009


text:
Citation, Commencement and interpretation
1
1
This Order shall be known as the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 and shall come into force on 6 th April 2009.
2
In this Order “ the Act ” means the Regulatory Enforcement and Sanctions Act 2008.
Enforcement action
2
1
Subject to paragraph (2), each of the following actions is to be regarded as enforcement action for the purposes of Part 2 of the Act —
a
the giving of any communication in writing which indicates that one or more of the actions referred to in subparagraphs (b) to (t) will be taken within, or at the end of, a period of time specified in the communication unless the regulated person acts (or ceases to act) in the manner specified in the communication;
b
the service of a stop notice within the meaning of section 46(2) of the Act;
c
the service of a prohibition notice under any of the following enactments —
i
section 22 of the Health and Safety at Work etc Act 1974 ,
ii
section 10 of the Safety of Sports Grounds Act 1975 ,
iii
regulation 15(3) of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 ,
iv
regulation 24(3) of the Fluorinated Greenhouse Gases Regulations 2008 ;
d
the service of an abatement notice under section 80 of the Environmental Protection Act 1990 ;
e
the service of an emergency prohibition notice under any of the following enactments —
i
section 12(1) of the Food Safety Act 1990 ,
ii
regulation 22 of the Feed (Hygiene and Enforcement) (England) Regulations 2005 ,
iii
regulation 22 of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 ,
iv
regulation 8 of the Food Hygiene (England) Regulations 2006 ,
v
regulation 8 of the Food Hygiene (Wales) Regulations 2006 ;
f
the imposition of an improvement notice under any of the following enactments —
i
section 10 of the Animal Welfare Act 2006 ,
ii
section 10 of the Food Safety Act 1990,
iii
section 21 of the Health and Safety at Work etc Act 1974,
iv
regulation 17 of the Feed (Hygiene and Enforcement) (England) Regulations 2005,
v
regulation 17 of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005,
vi
regulation 6 of the Food Hygiene (England) Regulations 2006,
vii
regulation 6 of the Food Hygiene (Wales) Regulations 2006;
g
the service of a remedial action notice or a detention notice under either of the following enactments —
i
regulation 9 of the Food Hygiene (England) Regulations 2006,
ii
regulation 9 of the Food Hygiene (Wales) Regulations 2006;
h
the service of a certificate under either of the following enactments —
i
regulation 27 of the Food Hygiene (England) Regulations 2006,
ii
regulation 27 of the Food Hygiene (Wales) Regulations 2006;
i
the service of a notice under section 4 of the Prevention of Damage by Pests Act 1949 ;
j
the service of a notice under section 60 of the Control of Pollution Act 1974 ;
k
the determination of an application under section 61 of the Control of Pollution Act 1974
l
the imposition of a fixed monetary penalty or discretionary requirement within the meaning of section 39(3) or section 42(3) of the Act respectively;
m
the service of an enforcement notice under —
i
regulation 15(1) of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002,
ii
regulation 36 of the Environmental Permitting (England and Wales) Regulations 2007 ,
iii
regulation 24(1) of the Fluorinated Greenhouse Gases Regulations 2008;
n
the service of a suspension notice under regulation 37 of the Environmental Permitting (England and Wales) Regulations 2007;
o
the service of any of the following notices under the General Product Safety Regulations 2005 —
i
a suspension notice under regulation 11,
ii
a requirement to mark products under regulation 12,
iii
a requirement to warn consumers under regulation 13,
iv
a withdrawal notice under regulation 14,
v
a recall notice under regulation 15;
p
the reference of any matter to a prosecuting authority other than a local authority with a view to the prosecuting authority considering the commencement of proceedings in relation to the matter;
q
the commencement of proceedings in a court of law or tribunal created under an enactment;
r
the imposition of any sanction (whether criminal or otherwise) in respect of any act or omission;
s
the administering of a simple caution;
t
the acceptance by the enforcing authority of any undertaking (under an enactment or otherwise) in respect of any act or omission.
2
The following action is not to be regarded as enforcement action for the purposes of Part 2 of the Act: —
a
action referred to in section 28(5) of the Act not specified in paragraph (1);
b
action taken by an enforcing authority pursuant to or in connection with the exercise of functions under —
i
the Regulatory Reform (Fire Safety) Order 2005 ,
ii
the Licensing Act 2003 , or
iii
the Gambling Act 2005 .
Enforcement Action: Exclusions
3
Section 28(1) to (4) of the Act shall not apply in the following circumstances:
a
where the enforcement action is required urgently, or in the opinion of the enforcing authority is required urgently, to avoid a significant risk of harm to human health or the environment (including the health of animals or plants) or the financial interests of consumers;
b
where the enforcement action is the service of a notice referred to in Article 2(1)(d) or (e);
c
where the application of section 28(1) to (4) of the Act would be, or in the opinion of the enforcing authority would be, wholly disproportionate.
Stephen Carter
Minister for Communications, Technology and Broadcasting
Department for Business, Enterprise and Regulatory Reform
13th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Health and Social Care Act 2008 (NHS Blood and Transplant Periodic Review) Regulations 2009 and shall come into force on 21st December 2009.
Extension of periodic review function to NHS Blood and Transplant
2
The Commission is required to―
a
conduct periodic reviews of the carrying on of the regulated activity prescribed in regulation 3(1)(d) of the Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 (regulated activities carried on by NHS Blood and Transplant in England); and
b
assess the performance of NHS Blood and Transplant following each such review and publish a report of its assessment.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
16th November 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2009 and come into force on 1st September 2009.
2
These Regulations apply in relation to a school year beginning on or after that date.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), for “£1,745” substitute “£1,830” in each place where it appears.
3
In paragraph 1 of Schedule 2, for “£13,397” substitute “£14,019”.
4
For the table following paragraph 2(1) of Schedule 2 substitute the following table —
(1) Part of relevant income to which specified percentage applies (2) Only one assisted pupil
(%)
(3) Each of two assisted pupils (%) (4) Each of three
assisted
pupils (%)
That part (if any) which exceeds £13,853 but does not exceed £15,064. 9 6.75 5.25 That part (if any) which exceeds £15,064 but does not exceed £16,293. 12 9 7 That part (if any) which exceeds £16,293 but does not exceed £18,731. 15 11.25 8.75 That part (if any) which exceeds £18,731 but does not exceed £22,492. 21 15.75 12.25 That part (if any) which exceeds £22,492 but does not exceed £27,395. 24 18 14 That part (if any) which exceeds £27,395. 33 24.75 19.25
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
22nd June 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 11) 2009 and shall come into force on 3rd August 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 3rd August 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 3rd August 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of either (a) CC&G who as such is permitted by the Rules of CC&G or (b) EMCF who as such is permitted by the Rules of EMCF, to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“CC&G” means Cassa di Compensazione e Garanzia S.p.A., a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“EMCF” means European Multilateral Clearing Facility NV, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“the Facility” means the multilateral trading facility operated by Baikal Global Limited, a company which is permitted to operate a multilateral trading facility for the purposes of Part IV of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for either CC&G or EMCF acting in their capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant; and
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
The Facility is prescribed as a recognised investment exchange;
b
CC&G is prescribed as a recognised clearing house; and
c
EMCF is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility, conditions A and B below are met.
3
Condition A is that traded securities of a particular kind are issued or transferred, or agreed to be issued or transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or a nominee of another clearing participant;
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant;
c
a clearing participant or a nominee of a clearing participant to CC&G or EMCF, or to a nominee of either CC&G or EMCF;
d
a person other than a clearing participant to CC&G or EMCF, or to a nominee of CC&G or EMCF, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to CC&G or EMCF, or to a nominee of either CC&G or EMCF;
e
CC&G or EMCF, or a nominee of either CC&G or EMCF, to a clearing participant or a nominee of a clearing participant;
f
CC&G or a nominee of CC&G to EMCF or a nominee of EMCF; or
g
EMCF or a nominee of EMCF to CC&G or a nominee of CC&G.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to CC&G or EMCF are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in its capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by CC&G or EMCF for a clearing participant in connection with the traded securities concerned.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Income Tax Act 2007 (Amendment) (No. 2) Order 2009 and shall come into force on 18th November 2009.
2
The amendments made by this Order shall be deemed to have come into force on 6th April 2007 and have effect —
a
for income tax and capital gains tax purposes, for the year 2007-08 and subsequent tax years, and
b
for corporation tax purposes, for accounting periods ending after 5th April 2007.
Amendment of the Income and Corporation Taxes Act 1988
2
1
The Income and Corporation Taxes Act 1988 is amended as follows.
2
In section 576D (share loss relief: the control and independence requirement) after subsection (3) insert —
3A
Section 839 (connected persons) applies for the purposes of this section.
.
3
In section 777(13) (transactions in land: provisions supplementary to section 776), in the definition of “capital” —
a
after “section 776” insert “of this Act and Chapter 3 of Part 13 of ITA 2007”, and
b
for “corporation tax purposes” substitute “purposes of the Tax Acts”.
Amendment of the Finance Act 2006
3
1
Amend section 139 of the Finance Act 2006 (manufactured dividends) as follows.
2
After subsection (1) insert —
1A
Paragraph 2 of Schedule 23A to ICTA has effect with the modifications set out in subsections (2) and (2A).
.
3
In subsection (2) for the words from the beginning to “paragraph 2(2) — ” substitute “For sub-paragraph (2) there is substituted — ”.
4
After subsection (2) insert —
2A
Sub-paragraphs (6) to (8) are omitted.
.
Amendment of the Income Tax Act 2007
4
1
The Income Tax Act 2007 is amended as follows.
2
In section 29 (calculation of income tax liability: supplementary provisions about tax reductions) —
a
in subsection (4)(a) for “section 796(1) and (2) of ICTA” substitute “section 796(1), (2) and (3) of ICTA”, and
b
after subsection (4) insert —
4A
If the taxpayer is an individual, the total of the tax reductions within subsection (4B) that are deducted at Step 6 must not be greater than —
Α − Β
where —
A is the amount of tax calculated at Step 5, and
B is the total amount of the tax treated under section 414 (gift aid) as deducted from gifts made by the taxpayer in the tax year.
4B
A tax reduction is within this subsection if it is under —
Chapter 1 of Part 5 ( EIS relief),
Chapter 2 of Part 6 ( VCT relief), or
Chapter 1 of Part 7 (community investment tax relief).
4C
Subsection (4A) applies in addition to subsections (2) and (3).
.
3
In section 424(2) (gift aid: charge to tax: interpretation) for paragraph (b) of the definition of “amount C” substitute —
b
the amount of capital gains tax to which the individual would be chargeable for the tax year if the following were ignored —
i
any relief under section 788 of ICTA (double taxation arrangements: relief by agreement), and
ii
any relief under section 790(1) of ICTA (relief for foreign tax where no double taxation arrangements).
.
4
In section 772(1) (transactions in land: interpretation) for “income tax purposes apart from” substitute “purposes of the Tax Acts otherwise than as a result of section 776 of ICTA or”.
5
In section 777(7) (sales of occupation income: conditions for sections 778 and 779 to apply) for “income tax purposes apart from” substitute “purposes of the Tax Acts otherwise than as a result of”.
6
In paragraph 193 of Schedule 1 (which amends section 796 of the Income and Corporation Taxes Act 1988) —
a
for sub-paragraph (4) (which provides for the repeal of section 796(3) of the 1988 Act except as applied by section 277(1) of the Taxation of Chargeable Gains Act 1992 ) substitute —
4
In subsection (3) for “less any income tax which he is entitled to charge against any other person” substitute “less the total amount of the tax treated under section 414 of ITA 2007 (gift aid) as deducted from gifts made by him in that year”.
, and
b
in sub-paragraph (5) (which provides for paragraph 193 not to apply to section 796 of the 1988 Act as applied by section 277(1) of the 1992 Act) for “This paragraph does not” substitute “Sub-paragraphs (2) and (3) do not”.
7
In Part 1 of Schedule 3 (repeals) omit —
a
the entry for section 796(3) of the Income and Corporation Taxes Act 1988, and
b
the note at the end of that Part of that Schedule, relating to that entry.
Amendment of the Income Tax Act 2007 (Amendment) (No. 3) Order 2007
5
In consequence of article 4(7)(b) of this Order omit article 3(6) of the Income Tax Act 2007 (Amendment) (No. 3) Order 2007.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
26th October 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009 and come into force on 12th October 2009.
2
In these Regulations “the 2008 Act ” means the Education and Skills Act 2008.
Unsuitable persons: prescribed kind of work
2
1
Work of the kind described in paragraph (2) is prescribed for the purposes of section 119(1)(a) of the 2008 Act.
2
The kind of work referred to in paragraph (1) is any form of work (whether or not for gain) which —
a
the person (“W”) carries out regularly, and
b
gives W the opportunity, in consequence of anything W is permitted or required to do in connection with the work, to have contact with a student at the institution who is a child or vulnerable adult within the meanings in the Safeguarding Vulnerable Groups Act 2006 .
3
For the purposes of paragraph (2), in any period of 30 days W carries out work regularly if W carries out the work on more than two days in that period.
Unsuitable persons: prescribed descriptions of directions, orders and decisions
3
The following descriptions of directions, orders and decisions, made under the enactments prescribed, are prescribed for the purposes of section 119(2) of the 2008 Act —
a
an order under section 100(2)(e) of the Education (Scotland) Act 1980 (determination of complaints);
b
a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (list of individuals unsuitable to work with children);
c
an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children);
d
a direction under section 142 of the Education Act 2002 given on the grounds that the person is unsuitable to work with children or otherwise having the effect of prohibiting a person from taking part in the management of an independent school (prohibition from teaching, etc. );
e
a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent schools);
f
a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (list of individuals unsuitable to work with children);
g
a decision to include a person (other than provisionally) in the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (duty of Department to keep list);
h
an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (disqualification of adults and juveniles from working with children);
i
a decision to include a person in a barred list within the meaning in the Safeguarding Vulnerable Groups Act 2006 ;
j
a decision to include a person on a list kept under section 1(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (duty of Scottish Ministers to keep lists);
k
a decision to prohibit a person from teaching or working with children under regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 ;
l
a decision to include the person on a barred list within the meaning in Article 2(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ;
m
a direction under section 128 of the 2008 Act (prohibition on participation in management).
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st July 2009


text:
Citation, commencement and extent
1
These Regulations —
a
may be cited as the Environmental Permitting (England and Wales) (Amendment) Regulations 2009;
b
come into force on 7th July 2009; and
c
extend to England and Wales only.
Amendment of the Environmental Permitting (England and Wales) Regulations 2007
2
The Environmental Permitting (England and Wales) Regulations 2007 are amended in accordance with regulations 3 to 27.
Amendment of regulation 2 (interpretation: general)
3
1
Paragraph (1) of regulation 2 (interpretation: general) is amended as follows.
2
After the definition of “appropriate authority”, insert —
“Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive ;
.
3
For paragraph (e) of the definition of “emission”, substitute —
e
in relation to —
i
a waste operation not falling within paragraph (a) to (d), or
ii
a mining waste operation,
the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;
.
4
After the definition “exemption registration authority”, insert —
“existing mining waste facility” means a mining waste facility in operation on 1st May 2008;
“extractive waste” means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);
.
5
For the definition of “the IPPC Directive”, substitute —
“the IPPC Directive” means Directive 2008/1/ EC of the European Parliament and of the Council concerning integrated pollution prevention and control ;
.
6
At the end of the definition of “landfill”, insert —
, but does not include any operation excluded from the scope of that Directive by Article 3(2)
.
7
After the definition of “local authority”, insert —
“the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC ;
“mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;
“mining waste facility closure notice” means a closure notice served under paragraph 10 of Schedule 18B to these Regulations;
“mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;
.
8
After the definition of “regulator”, insert —
“regulator initiated variation” means the variation of an environmental permit on the initiative of the regulator under regulation 20(1);
.
Amendment of regulation 8 (interpretation: regulated facility)
4
1
Regulation 8 (interpretation: regulated facility) is amended as follows.
1A
In paragraph (1), after "paragraphs (2)" insert ", (2A)".
2
After paragraph (1)(d), add —
,
e
a mining waste operation
.
3
Omit paragraph (2) and substitute —
2
An exempt waste operation is not a regulated facility within paragraph (1)(a) where it is an activity falling within section 5.3 or section 5.4 of Chapter 5 of Part 2 of Schedule 1 or a directly associated activity of that activity.
2A
An exempt waste operation is not a regulated facility within paragraph (1)(b) to (d).
.
Amendment of regulation 12 (requirement for an environmental permit)
5
For regulation 12 (requirement for an environmental permit), substitute —
12
1
No person may operate a regulated facility except under and to the extent authorised by an environmental permit.
2
Paragraph (1) is subject to the transitional provisions in regulation 71A.
.
Amendment of regulation 17 (single site permits etc. )
6
For regulation 17 (single site permits etc.), substitute —
17
The regulator may authorise under a single environmental permit, the operation by the same operator —
a
of more than one regulated facility on the same site;
b
of more than one mobile plant; or
c
of more than one standard facility (other than a standard facility to which the IPPC Directive applies),
but may not otherwise authorise the operation of more than one regulated facility under a single environmental permit.
.
Amendment of regulation 24 (notification of the surrender of an environmental permit)
7
In paragraph (1)(b) of regulation 24 (notification of the surrender of an environmental permit), after “installation”, insert “, except to the extent that it relates to a waste operation”.
Amendment of regulation 31 (appeals to an appropriate authority)
8
1
Regulation 31 (appeals to an appropriate authority) is amended as follows.
2
In paragraph (1) —
a
for sub-paragraph (d), substitute —
d
a person who is aggrieved by a decision not to authorise the closure procedure mentioned in —
i
Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive, or
ii
Article 12 of the Mining Waste Directive after a request referred to in Article 12(2)(b) of that Directive;
.
b
in sub-paragraph (e), after “suspension notice” insert “, mining waste facility closure notice.
3
For paragraph (2) substitute —
2
Paragraph (1) does not apply —
a
where the relevant decision or notice implements a direction of the appropriate authority given under —
i
regulation 61(1),
ii
regulation 62(1),
iii
regulation 62(6), or
iv
paragraph (4); or
b
where an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility is refused pursuant to paragraph 14(2) of Schedule 18B.
.
Amendment of regulation 32 (discharge of functions)
9
1
Regulation 32 (discharge of functions) is amended as follows.
2
At the start of paragraph (2), insert “Subject to paragraph 2A,”.
3
After paragraph (2), insert —
2A
Functions in relation to a waste operation carried out at a Part B installation are exercisable by the Agency.
.
4
After paragraph (5), add —
6
Functions in relation to a mining waste operation are exercisable by the Agency.
.
Amendment of regulation 33 (direction to a regulator: discharge of functions by a different regulator)
10
1
Regulation 33 (direction to a regulator: discharge of functions by a different regulator) is amended as follows.
2
For paragraph (4), substitute —
4
A direction under paragraph (1)(b) may not be made in relation to —
i
a waste operation carried out other than at an installation or by means of mobile plant,
ii
a mining waste operation.
.
Amendment of regulation 35 (provision in relation to types of regulated facility)
11
At the end of regulation 35 (provision in relation to types of regulated facility), add —
;
n
Schedule 18B (provision in relation to mining waste operations)
.
Amendment of regulation 38 (offences)
12
In paragraph (1)(c) of regulation 38 (offences), after “suspension notice” insert “, a mining waste facility closure notice”.
Amendment of regulation 42 (enforcement by the High Court)
13
In regulation 42 (enforcement by the High Court), after “suspension notice” insert “, mining waste facility closure notice”.
Amendment of regulation 46 (duty of the regulator to maintain a public register)
14
After paragraph (7) of regulation 46 (duty of the regulator to maintain a public register), insert —
7A
Where information of any description is excluded from any public register under regulation 48, a statement must be entered in the register indicating the existence of information of that description.
.
Amendment of regulation 63 (directions to the Agency: installations outside the United Kingdom)
15
1
Regulation 63 (directions to the Agency: installations outside the United Kingdom) is amended as follows.
2
In paragraph (1), for “Article 17(1)”, substitute “Article 18(1)”.
3
In paragraph (2), for “Article 17(2)”, substitute “Article 18(2)”.
Amendment of regulation 71 (transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant)
16
1
Regulation 71 (transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant) is amended as follows.
2
For the cross heading “Transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant”, substitute —
Transitional provision: conversion of PPC permits, disposal licences or waste management licences resulting from applications in relation to existing Part A installations and mobile plant
3
After paragraph (3), insert —
3A
If an application to which this regulation applies relates to the operation of a landfill and the determination date for that application falls within sub-paragraphs (b) or (c) of paragraph 6 of Schedule 3 to the 2000 Regulations and occurs on or after 7th July 2009, paragraph (3B) applies.
3B
On the determination date the disposal licence or waste management licence which authorised the operation of the landfill immediately before that date is deemed to be an environmental permit granted under regulation 13(1) to the extent that it contains closure and after-care obligations.
.
4
For paragraph (4), substitute —
4
In this regulation —
a
“existing” and “determination date” have the meanings given at the relevant time by paragraph 6 of Schedule 3 to the 2000 Regulations; and
b
“closure and after-care obligations” means —
i
any condition which implements Article 13 of the Landfill Directive, or
ii
any condition which is otherwise related to closure and after-care of the landfill site or to ensuring it does not cause pollution, and includes any such condition inserted following a variation under regulation 20 after the determination date.
.
5
After regulation 71, insert —
Transitional provision: existing mining waste operations
71A
1
Regulation 12(1) does not apply to an existing mining waste operation involving an existing mining waste facility until the date referred to in paragraph (2).
2
The date referred to in this paragraph is —
a
if an application for the grant or variation of an environmental permit is made on or before 1st May 2011 —
i
if the application is granted, the date of the grant,
ii
if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn,
iii
if the application is refused, and the applicant is entitled to appeal against the refusal in accordance with regulation 31(1) but does not do so, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6, or
iv
if the application is for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility and the application is refused pursuant to paragraph 14(2) of Schedule 18B, the date of the refusal;
or
b
if no such application is made, 1st May 2011.
3
Where an existing mining waste operation is not covered by paragraph (1), regulation 12(1) does not apply to that operation until the date referred to in paragraph (4).
4
The date referred to in this paragraph is —
a
if an application for the grant or variation of an environmental permit is made on or before 30th December 2010 —
i
if the application is granted, the date of the grant,
ii
if the application is refused, and the applicant appeals against the refusal in accordance with regulation 31(1), the date the appeal is determined or withdrawn, or
iii
if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6;
or
b
if no such application is made, 30th December 2010.
5
In this regulation, “existing mining waste operation” means a mining waste operation subsisting on 1st May 2008.
.
Amendment of regulation 72 (savings)
17
In regulation 72, for paragraph (1) substitute —
1
Notwithstanding their repeal or revocation by these Regulations, the provisions of the 1990 Act , the 1994 Regulations, the 2000 Regulations and the Landfill (England and Wales) Regulations 2002 have effect for the purposes of —
a
determining an application for the grant of a PPC permit or a waste management licence which was outstanding at the relevant time;
b
giving effect to a notice served before the coming into force of these Regulations;
c
determining an appeal brought before the coming into force of these Regulations; and
d
bringing and determining an appeal, after the coming into force of these Regulations, in respect of —
i
the determination of an application made, or
ii
a notice served,
under any of those provisions.
.
Amendment of Schedule 1 (activities)
18
1
Schedule 1 (activities) is amended as follows.
2
In section 1.1 of Part 2 of Schedule 1, under the heading “Interpretation and application of Part A(1), in paragraph 5, for the words “these Regulations”, substitute “regulation 8(1)(a)”.
Amendment of Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply)
19
1
Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply) is amended as follows.
2
After paragraph 5(1)(b), add —
, and
the appliance is only used to treat the waste listed in the definition of “excluded plant” in paragraph 1 of section 5.1 of Part 2 of Schedule 1.
.
3
For paragraph 29(1), substitute —
1
Burning waste at the place where it is produced by the person producing it in an excluded plant within the meaning of section 5.1 of Part 2 of Schedule 1 with a capacity of less than 50kg per hour.
.
Amendment of Schedule 5 (environmental permits)
20
1
Schedule 5 (environmental permits) is amended as follows.
2
In paragraph 1, omit the definition of “regulator initiated variation”.
3
For paragraph 5(1), substitute —
1
Paragraph 6 applies to every application for the grant of an environmental permit except an application in relation to —
a
mobile plant;
b
a standard facility, unless the facility is a Part A installation; or
c
a mining waste operation not involving a mining waste facility to which Article 7 of the Mining Waste Directive applies.
.
4
In paragraph 10(2) —
a
in sub-paragraph (a), for “Article 17 of the IPPC Directive” substitute “the relevant Directive Article”;
b
in sub-paragraph (b), for “relevant matters”, substitute “relevant information”.
5
For paragraph 10(4), substitute —
4
In this paragraph —
“member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator initiated variation which relates to the carrying on at an installation of an activity listed in the IPPC Directive;
“relevant application” means an application —
for the grant of an environmental permit; or
to vary an environmental permit,
in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;
“relevant Directive Article” means —
in the case of an application in relation to an installation described in sub-paragraph (5), Article 18 of the IPPC Directive;
in the case of an application in relation to a Category A mining waste facility, Article 16 of the Mining Waste Directive;
“relevant information” means —
where the relevant application or regulator initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex V of the IPPC Directive;
where it relates to a Category A mining waste facility, the information required under Article 16 of the Mining Waste Directive.
.
6
After paragraph 10(4), add —
5
The description in this sub-paragraph is an installation at which there is carried on an activity listed in Annex 1 of the IPPC Directive.
.
7
For paragraph 16(2), substitute —
2
The period starts —
a
in the case of an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility, on the day the regulator is notified by the relevant emergency planner of the matters referred to in paragraph 14(1) of Schedule 18B and for these purposes “relevant emergency planner” has the meaning given in paragraph 2 of that Schedule, but if paragraph 10 of this Schedule applies, this does not have effect until the appropriate authority has complied with paragraph 10(3) of this Schedule;
b
if paragraph 10 of this Schedule applies and the application is not one covered by sub-paragraph (a), on the day the appropriate authority complies with paragraph 10(3) of this Schedule;
c
in all other cases, on the day the regulator receives a duly-made application.
.
Amendment of Schedule 6 (appeals to the appropriate authority)
21
1
Paragraph 3 of Schedule 6 (appeals to the appropriate authority) is amended as follows.
2
For sub-paragraph (1)(c), substitute —
c
in relation to a regulator initiated variation, a suspension notice, an enforcement notice, a mining waste facility closure notice or a landfill closure notice, not later than 2 months from the date of the variation or notice;
.
3
Omit sub-paragraph (3).
Amendment of Schedule 7 (provision in relation to Part A installations and Part A mobile plant)
22
1
Schedule 7 (provision in relation to Part A installations and Part A mobile plant) is amended as follows.
2
After paragraph 2(d), add —
; and
e
“substance” must be read as including, after the words “its compounds” in Article 2(1) of that Directive, the words “any biological entity or micro-organism”
.
3
In paragraph 5(1) —
a
in paragraph (a), after the words “provide that the competent authorities”, insert “contained in the first sentence of Article 3(1)”;
b
in paragraph (e), for the words “second indent”, substitute “point (b)”;
c
in paragraph (f), for the words “Article 18(2)”, substitute “Article 19(2)”.
4
In paragraph 8(2), for the words “Article 2(11)”, substitute “Article 2(12)”.
Amendment of Schedule 8 (provision in relation to Part B installations and Part B mobile plant)
23
1
Schedule 8 (provision in relation to Part B installations and Part B mobile plant) is amended as follows.
2
After paragraph 2(e), add —
; and
f
“substance” must be read as including, after the words “its compounds” in Article 2(1) of that Directive, the words “any biological entity or micro-organism”
.
3
In paragraph 4(2) —
a
in paragraph (a), for the words “the second, fourth and seventh indents”, substitute “points (b), (d) and (g)”;
b
in paragraph (b), for the words “the third and fifth indents”, substitute “points (c) and (e)”;
c
in paragraph (c), for the words “the fifth indent”, substitute “point (e)”;
d
in paragraph (d), for the words “the sixth indent”, substitute “point (f)”;
e
in paragraph (e) —
i
for the words “the eighth indent”, substitute “point (h)”, and
ii
for the words “Article 3(a) and (b)”, substitute “Article 3(1)(a) and (1)(b)”.
4
In paragraph 5(1) —
a
in paragraph (a), for the words “Article 3(a) and (b)”, substitute “Article 3(1)(a) and (1)(b)”;
b
in paragraph (e), for the words “Article 18(2)”, substitute “Article 19(2)”;
5
In paragraph 5(2) —
a
in paragraph (a), after the words “in Article 3”, insert “(l)”;
b
in paragraph (b)(i), for the words “Article 3(a) and (b)”, substitute “Article 3(1)(a) and (1)(b)”.
6
In paragraph 7(2), for the words “Article 2(11)”, substitute “Article 2(12)”.
Amendment of Schedule 10 (provision in relation to landfill)
24
Omit sub-paragraph (a) of paragraph (1) of Schedule 10 (provision in relation to landfill).
Insertion of new Schedule 18B (provision in relation to mining waste operations)
25
After Schedule 18A (provision in relation to waste batteries and accumulators), insert Schedule 18B as set out in Schedule 1 to these Regulations.
Amendment of Schedule 19 (public registers)
26
1
Paragraph 1 of Schedule 19 (public registers) is amended as follows.
2
In sub-paragraph (1)(f), after “landfill closure notice”, insert “, mining waste facility closure notice”.
3
In sub-paragraph (1)(i)(iv), omit “or”.
4
After sub-paragraph (1)(i)(v), add —
, or
vi
a mining waste facility closure notice
.
5
After sub-paragraph (2)(a), insert —
aa
an inventory of closed mining waste facilities as required under Article 20 of the Mining Waste Directive;
.
Amendment of Schedule 20 (further provision relating to waste)
27
1
Schedule 20 (further provision relating to waste) is amended as follows.
2
In paragraph 1(a), after the definition of “local planning authority”, insert —
mineral planning authority” has the same meaning as in section 1 of the Town and Country Planning Act 1990 ;
.
3
At the end of paragraph 6, insert —
3
A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of the Mining Waste Directive applies unless it is satisfied that —
a
the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and
b
the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plan or plans referred to in Article 7(3)(b) of that Directive.
.
Consequential amendments
28
1
Schedule 2 (consequential amendments) has effect.
2
Section 33(1)(a) of the 1990 Act, as amended by paragraph 1(3) of Schedule 2 to these Regulations, does not apply to extractive waste at any time before an environmental permit authorising the deposit of the waste is required.
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
3rd July 2009
Dan Norris
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
2nd July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Further Education (Principals’ Qualifications) (England) (Amendment) Regulations 2009 and come into force on 1st April 2009.
Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007
2
The Further Education (Principals’ Qualifications) (England) Regulations 2007 are amended as set out in regulations 3, 4 and 5.
3
After regulation 2(2), insert —
3
These Regulations also do not apply to a person appointed as the principal of a further education institution if the person–
a
is appointed after 1st April 2009; and
b
has previously served as the principal of a further education institution, of a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 , or of an institution of further education as defined under article 2(2) of the Further Education (Northern Ireland) Order 1997 .
4
In regulation 3 —
a
after “In these Regulations — ” insert —
“the 1996 Act ” means the Employment Rights Act 1996 ;
“certificated illness or injury” means illness or injury certified by a registered medical practitioner;”
b
for the definition of “CEL” substitute —
“ LSIS ” means the Learning and Skills Improvement Service Ltd. ;”
c
in the definitions of “Principals’ Qualification” and “Principals’ Qualification Programme” for “CEL” substitute “LSIS”.
5
In regulation 5 —
a
for the heading substitute “ Exception to regulation 4 ”.
b
for regulation 5 substitute —
5
1
Subject to paragraph (2) a person may serve as a principal of a further education institution without any of the qualifications referred to in regulation 4 while the person is following the Principals’ Qualifying Programme or any course that leads to a qualification under regulation 4(b).
2
A person appointed as the principal of a further education institution after 1st April 2009 and following the Principals’ Qualification Programme must complete the programme within three years of the date of appointment, subject to paragraph (3).
3
The period under paragraph (2) shall be extended to take into account periods of absence from work —
a
in exercise of —
i
her right to maternity leave conferred by section 71 or 73 of the 1996 Act or her contract of employment and has the right to return to work by virtue of those sections or her contract of employment;
ii
the right to parental leave conferred by section 76 of the 1996 Act ;
iii
the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the 1996 Act ; or
iv
the right to adoption leave conferred by section 75A or 75B of the 1996 Act ;
b
because of her pregnancy; or
c
because of certificated illness or injury, where the total period of absence from work exceeds 3 months in any period of 12 months.
Siôn Simon
Parliamentary Under-Secretary of State
Department for Innovation, Universities and Skills
3rd March 2009


text:
Citation, application and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Stud Farms) (England) Order 2009, and shall come into force on 1st April 2010.
Specified amount – deduction in rateable value
2
In respect of the rateable value of any hereditament shown in a non-domestic rating list compiled on or after 1st April 2010, £4,200 is the amount specified for the purposes of paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deductions from valuation of hereditaments used for breeding horses etc. ).
Revocation and saving
3
1
Subject to paragraph (2) the Non-Domestic Rating (Stud Farms) (England) Order 2004 is revoked.
2
The Non-Domestic Rating (Stud Farms) (England) Order 2004 shall continue to have effect in respect of the rateable value of any hereditament shown in a non-domestic rating list compiled before 1st April 2010.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Working Time (Amendment) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.
Amendments to regulation 25A of the Working Time Regulations 1998
2
In regulation 25A (doctors in training) of the Working Time Regulations 1998 —
a
for paragraph (1) substitute —
1
Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours —
a
in the case of doctors in training who are employed in an employment falling within Table 1 of Schedule 2A, with effect from 1st August 2009 until 31st July 2011; and
b
in the case of doctors in training who are employed in an employment falling within Table 2 of Schedule 2A, with effect from 2nd November 2009 until 31st July 2011.
; and
b
in paragraph (1A) —
i
in sub-paragraph (a) for “the table” substitute “Table 1 or Table 2”;
ii
in sub-paragraph (b) for “that table” substitute “the applicable table”;
iii
in sub-paragraph (c) for “that table” substitute “the applicable table”; and
iv
in sub-paragraph (d) for “that table” substitute “the applicable table”.
Amendments to Schedule 2A to the Working Time Regulations 1998
3
In Schedule 2A (doctors in training) to the Working Time Regulations 1998 —
a
after the heading “Doctors in training” start a new line and insert the heading “TABLE 1”; and
b
at the end add —
TABLE 2
Column 1
Employer
Column 2
Place
Column 3
Specialist Services
Column 4
Grade and, where applicable, Rota
England East Midlands Strategic Health Authority area
Chesterfield Royal Hospital NHS Foundation Trust Chesterfield Royal Hospital Emergency Medicine F2, ST1 to ST7 Obstetrics and Gynaecology F2, ST1 to ST7 Paediatrics F2, ST1 to ST8 Derby Hospitals NHS Foundation Trust Royal Derby Hospital Oral Maxillo Facial Surgery ST3 to ST7 Northampton General Hospital National Health Service Trust Northampton General Hospital Emergency Medicine ST3 to ST7 Nottingham University Hospitals National Health Service Trust Queens Medical Centre, Nottingham Neurosurgery ST4 to ST8 University Hospitals of Leicester National Health Service Trust Glenfield Hospital Paediatric (Cardiology and Cardiac Intensive Care) ST3 to ST8 Leicester Royal Infirmary and Leicester General Hospital Neonatology ST1 to ST3 East of England Strategic Health Authority area Cambridge University Hospitals NHS Foundation Trust Addenbrookes Hospital Anaesthetics ST3 to ST7 and SpR Norfolk and Norwich University Hospitals NHS Foundation Trust Norfolk and Norwich University Hospital Obstetrics and Gynaecology ST3 to ST9 and SpR– Tier 3 (partial shift rota (24 hour service)) Paediatric Neonatal ST3 to ST8 and SpR – Tier 2 (full shift Peterborough and Stamford Hospitals NHS Foundation Trust Peterborough District Hospital and Edith Cavell Hospital General Surgery CT1 and CT2 The Queen Elizabeth Hospital King’s Lynn National Health Service Trust The Queen Elizabeth Hospital Obstetrics and Gynaecology ST3 London Strategic Health Authority area The Royal Free Hampstead National Health Service Trust The Royal Free Neurosurgery ST3 to ST8 The Royal Marsden NHS Foundation Trust The Royal Marsden Otolaryngology and Plastic Surgery ST3 to ST8 Urology and Gynaecology ST3 to ST8 North East Strategic Health Authority area The Newcastle Upon Tyne Hospitals NHS Foundation Trust Freeman Hospital General Surgery – Hepatobiliary and Transplant ST3 to ST7 and SpR Paediatric Cardiology ST4 to ST8 and SpR – 2 nd on call Newcastle General Hospital Neurology F2, CT1 and CT2 - 1 st on call ST3 to ST7 and SpR - 2 nd on call Royal Victoria Infirmary Paediatric Surgery ST4 to ST8 and SpR - 2 nd on call Paediatrics ST4 to ST8 and SpR North Tees and Hartlepool NHS Foundation Trust University Hospital of Hartlepool and University Hospital of North Tees Paediatrics ST3 to ST7 and SpR North West Strategic Health Authority area Aintree University Hospitals NHS Foundation Trust University Hospital Aintree Anaesthetics - Critical Care CT1, CT2 and ST3 to ST7 North Cumbria University Hospitals National Health Service Trust Cumberland Infirmary Emergency Medicine F2, FTSTA1, FTSTA2 and ST1 to ST7 Paediatrics ST1 and ST2 West Cumberland Hospital Emergency Medicine F2 and ST1 to ST3 Royal Bolton Hospitals NHS Foundation Trust Royal Bolton Hospital Paediatrics FTSTA3 and ST4 to ST8 Tameside Hospital NHS Foundation Trust Tameside General Hospital Trauma and Orthopaedics F2, CT1, CT2, ST1 and ST2 Warrington and Halton Hospitals NHS Foundation Trust Warrington Hospital Trauma and Orthopaedics F2, ST1 and ST2 South Central Strategic Health Authority area Buckinghamshire Hospitals National Health Service Trust Stoke Mandeville Hospital and Wycombe Hospital Anaesthetics ST3 to ST5 Isle of Wight National Health Service Primary Care Trust St. Mary’s Hospital General Medicine F2, CT1 and CT2 General Medicine ST3 and ST4 Emergency Medicine F2, ST1 and ST2 Obstetrics and Gynaecology ST3 General Surgery F1 General Surgery, Trauma and Orthopaedics, Obstetrics and Gynaecology F2, ST1 and ST2 – Basic Surgical Training rota Oxford Radcliffe Hospitals National Health Service Trust Horton General Hospital, Banbury Obstetrics and Gynaecology ST3 to ST5 Winchester and Eastleigh Healthcare National Health Service Trust Royal Hampshire County Hospital Surgery ST3 to ST5 South East Coast Strategic Health Authority area Ashford and St. Peter’s Hospitals National Health Service Trust St. Peter’s Hospital Anaesthetics CT2 and ST3 to ST7 Brighton and Sussex University Hospitals National Health Service Trust Princess Royal Hospital General Internal Medicine ST3 to ST8 Royal Sussex County Hospital and Princess Royal Hospital Emergency Medicine ST3 to ST8 Royal Sussex County Hospital Obstetrics and Gynaecology ST3 to ST8 East Kent Hospitals University NHS Foundation Trust Queen Elizabeth the Queen Mother Hospital Anaesthetics – Intensive Care Unit and Theatres CT1 and CT2 Paediatrics ST3 to ST7 Frimley Park Hospital NHS Foundation Trust Frimley Park Hospital Anaesthetics – Intensive Care and Acute Care Common Stem CT1 and CT2 Emergency Medicine ST3 to ST6 Obstetrics and Gynaecology ST1 to ST7 Paediatrics ST4 to ST7 Royal Surrey County Hospital National Health Service Trust Royal Surrey County Hospital Anaesthetics – Intensive Care Unit F2, CT1 and CT2 Acute Medicine F1, F2, CT1, CT2 and ST3 to ST7 Emergency Medicine ST3 to ST7 Surrey and Sussex Healthcare National Health Service Trust East Surrey Hospital and Crawley Hospital Paediatrics ST3 to ST6 South West Strategic Health Authority area University Hospitals Bristol NHS Foundation Trust Bristol Eye Hospital, Bristol Royal Infirmary and St. Michael’s Hospital Anaesthetics ST3 and ST4 - 1st on call
ST4 to ST7 – 2nd on call
Bristol Royal Hospital For Children, Frenchay Hospital, Southmead Hospital and St. Michael’s Hospital Otolaryngology ST1 to ST3 West Midlands Strategic Health Authority area George Eliot Hospital National Health Service Trust George Eliot Hospital Anaesthetics ST3 to ST7 University Hospital of North Staffordshire National Health Service Trust The Royal Infirmary Renal ST3 to ST8 Neurosurgery F2, ST1 to ST3 Yorkshire and the Humber Strategic Health Authority area Bradford Teaching Hospitals NHS Foundation Trust Bradford Royal Infirmary and St. Lukes Hospital Otolaryngology/
Plastic Surgery/Oral and Maxillofacial Surgery (merged rota)
F2, CT1 and CT2 Calderdale and Huddersfield NHS Foundation Trust Calderdale Royal Hospital Emergency Medicine F2, CT1, CT2, CT3, ST4, ST5 and SpR Huddersfield Royal Infirmary Anaesthetics CT1, CT2, ST3 to ST5 and SpR Emergency Medicine F2, CT1, CT2, CT3, ST4, ST5 and SpR Hull and East Yorkshire Hospitals National Health Service Trust Hull Royal Infirmary Neurosurgery F2, ST1 and ST2 Scarborough and North East Yorkshire Healthcare National Health Service Trust Scarborough General Hospital Anaesthetics CT1, CT2 and ST3 to ST5 Acute Medicine ST3 to ST5 Neurology ST3 to ST5 Diabetes and Endocrinology ST3 to ST5 Care of the Elderly ST3 to ST5 Sheffield Children’s NHS Foundation Trust Sheffield Children’s NHS Foundation Trust, Capitol Park, Barnsley Paediatrics – Critical Care, Neonatal Services ST6 to ST8 – Transport rota The Rotherham NHS Foundation Trust Rotherham General Hospital Obstetrics and Gynaecology ST1 to ST7 York Hospitals NHS Foundation Trust York Hospital Obstetrics and Gynaecology ST3 to ST7 and SpR Trauma and Orthopaedics F2, CT1, CT2, ST1 and ST2 Scotland Ayrshire and Arran Health Board Ayr Hospital Emergency Medicine ST3 to ST7 and SpR Borders Health Board Borders General Hospital Paediatrics ST3 to ST9 and SpR Fife Health Board Forth Park Maternity Hospital and Victoria Hospital Paediatrics ST3 to ST9 and SpR Lanarkshire Health Board Wishaw General Hospital Emergency Medicine ST3 to ST7 and SpR Neonatology ST3 to ST9 and SpR Hairmyres Hospital Emergency Medicine ST3 to ST7 and SpR Monklands Hospital Emergency Medicine ST3 to ST7 and SpR Wales Cwm Taf Local Health Board Royal Glamorgan Hospital Ophthalmology Junior
Signed on behalf of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
14th October 2009