text:
Citation and commencement
1
These Regulations may be cited as the Medical Devices (Fees Amendment) Regulations 2010 and shall come into force on 1st April 2010.
Amendment of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
2
1
The Medical Devices (Consultation Requirements) (Fees) Regulations 1995 are amended as follows.
2
In regulation 3 (fees) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£4,549” substitute “£4,595”; and
ii
in sub-paragraph (b), for “£10,605” substitute “£10,711”;
b
in paragraph (2) —
i
in sub-paragraph (a), for “£900” substitute “£909”; and
ii
in sub-paragraph (b), for “£2,517” substitute “£2,542”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,549” substitute “£4,595”; and
ii
in sub-paragraph (b), for “£10,605” substitute “£10,711”;
d
in paragraph (4) —
i
in sub-paragraph (a), for “£900” substitute “£909”; and
ii
in sub-paragraph (b), for “£2,517” substitute “£2,542”; and
e
in paragraph (5) —
i
in sub-paragraph (a), for “£46,531” substitute “£46,996”; and
ii
in sub-paragraph (b), for “£11,552” substitute “£11,668”.
3
In paragraph (2) of regulation 3A (fees for pre-consultation meetings) —
a
in sub-paragraph (a), for “£824” substitute “£832”;
b
in sub-paragraph (b), for “£1,044” substitute “£1,054”;
c
in sub-paragraph (c), for “£1,428” substitute “£1,443”; and
d
in sub-paragraph (d), for “£1,813” substitute “£1,831”.
Amendment of the Medical Devices Regulations 2002
3
1
The Medical Devices Regulations 2002 are amended as follows.
2
In regulation 54 (fees payable in connection with the designation etc of notified bodies) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£930” substitute “£960”; and
ii
in sub-paragraph (b), for “£3,700” substitute “£3,840”;
b
in paragraph (2), for “£1,810” substitute “£1,880”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,500” substitute “£4,670”;
ii
in sub-paragraph (b)(i), for “£7,400” substitute “£7,670”;
iii
in sub-paragraph (b)(ii), for “£5,550” substitute “£5,760”;
iv
in sub-paragraph (b)(iii), for “£3,700” substitute “£3,840”; and
v
in sub-paragraph (c), for “£3,700” substitute “£3,840”; and
d
in paragraph (3A) —
i
in sub-paragraph (a)(i), for “£261” substitute “£271”; and
ii
in sub-paragraph (a)(ii), for “£72.56” substitute “£75.24”.
3
In regulation 55 (fees payable in connection with the designation etc of conformity assessment bodies) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£930” substitute “£960”; and
ii
in sub-paragraph (b), for “£3,700” substitute “£3,840”;
b
in paragraph (2), for “£1,810” substitute “£1,880”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,500” substitute “£4,670”;
ii
in sub-paragraph (b), for “£3,700” substitute “£3,840”;
iii
in sub-paragraph (c), for “£1,810” substitute “£1,880”; and
iv
in sub-paragraph (d), for “£3,700” substitute “£3,840”;
d
in paragraph (3A), for “£4,500” substitute “£4,670” and for “£1,810” substitute “£1,880”;
e
in paragraph (3B), for “£3,700” substitute “£3,840” and for “£1,810” substitute “£1,880”;
f
in paragraph (3C), for “£1,810” substitute “£1,880”; and
g
in paragraph (3D) —
i
in sub-paragraph (a)(i), for “£261” substitute “£271”; and
ii
in sub-paragraph (a)(ii), for “£72.56” substitute “£75.24”.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
22nd February 2010
We consent
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 2010


type: legislation

jurisdiction: UK

text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2010.
2
These Regulations extend to England and Wales .
3
These Regulations shall come into force on 30th September 2010, but —
a
regulations 7, 9 and 10, 12 to 14(a), 16 to 18, 24, 31, 34 to 36 and 50 shall have effect from 1st April 2008;
b
regulations 25, 27 and 48 shall have effect from 1st October 2008;
c
regulation 41 shall have effect from 1st April 2009;
d
regulations 3 and 4 shall have effect from 6th April 2009,
e
and regulation 49 shall have effect from 31st December 2009.
Amendment of the Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 are amended in accordance with regulations 3 and 4.
3
In regulation 154 (payment of benefits) —
a
in paragraph (1), for “A pension credit member” substitute “Subject to paragraph (4), a pension credit member”; and
b
after paragraph (3), add —
4
A pension credit member may elect in writing to the appropriate administering authority for benefits payable under paragraph (1) to be paid at or after age 60 (but before normal benefit age), and such benefits must be reduced by the amounts as are shown to be appropriate in guidance issued by the Secretary of State.
.
4
In regulation 155 (death grants) , in paragraph (2) for “his normal benefit age” substitute “retirement benefits come into payment,”.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
5
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended in accordance with regulations 6 to 31.
6
In regulation 1 (citation, commencement, interpretation and application) , in paragraph (4) —
a
after the definition of “financial year”, insert —
“ IRMP ” has the same meaning as given to that expression by regulation 20(14);
“local government employment” means employment by virtue of which the person employed is or has been a member;
; and
b
for the definition of “the Scheme”, substitute —
“the Scheme” means the Local Government Pension Scheme 2008 constituted by these Regulations, the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 and the Administration Regulations;
.
7
In regulation 2 (active members) , in paragraph (2) for “he continues to be” substitute “that person is”, and in paragraph (3) for “he” substitute “that person”.
8
In regulation 3 (contributions payable by active members) —
a
in paragraph (3) for “On 1st April 2009, and each subsequent anniversary”, substitute “On the first day of the pay period in which 1st April 2009 falls, and on the first day of the pay period in which each subsequent 1st April falls”;
b
for paragraph (3A) substitute —
3A
In paragraph (3), “the appropriate increase” means the amount by which the figures would be increased with effect from the first Monday falling on or after 6th April of the relevant year if they were pensions beginning on 1st April 2008 to which the Pensions (Increase) Act 1971 applied.
;
c
in paragraph (9) for “after”, substitute “on and after”; and
d
omit paragraph (11).
9
In regulation 4 (meaning of “pensionable pay”) , for paragraph (2)(g) substitute —
2
g
any award of compensation (excluding any sum representing arrears of pay) for the purposes of achieving equal pay in relation to other employees.
.
10
In regulation 7 (calculation of length of periods of membership) , in paragraph (3) for “Membership”, substitute “Except for the purposes of regulation 5(1)(a), membership”.
11
For regulation 11 (final pay: fees), substitute —
11
1
Subject to paragraph (2), where a variable-time employee’s pensionable pay for the purposes of regulation 8(1) consists of or includes fees, his or her final pay is calculated as the sum of —
a
the average of all such fees for the three consecutive years (or the employee’s total period of membership if less) ending with the final pay period; and
b
any sums falling within regulation 4(1), other than fees, for the final pay period.
2
But a member’s employer may consent to the member having his or her final pay calculated by the substitution for paragraph (1)(a) of the average of all such fees for any three consecutive years ending on the 31st March within the period of ten years ending with the last day he or she was an active member.
.
12
In regulation 13 (power of employing authority to award additional pension) , in paragraph (1) for “a member” substitute “an active member”.
13
In regulation 14 (election in respect of additional pension), in paragraph (1) for “A member”, substitute “An active member”.
14
In regulation 14A (election to pay additional contributions: survivor benefits) —
a
in each place where it occurs —
i
for “a member”, substitute “an active member”; and
ii
for “the member”, substitute “the active member”; and
b
omit paragraph (6).
15
In regulation 15 (elections to pay AVCs ), in paragraph (1) for “A member”, substitute “Subject to regulation 26 (use of accumulated value of AVCs and SCAVCs ) of the Administration Regulations, a member”.
16
In regulation 16 (retirement benefits) —
a
in paragraph (1) —
i
for “A member”, substitute “Subject to paragraph (3), a member”; and
ii
for “local government pension scheme employment”, substitute “local government employment”; and
b
after paragraph (2), add —
3
Where a member chooses to defer immediate payment of retirement pension under regulation 50 (commencement of pensions) of the Administration Regulations, the member’s pension rights shall be enhanced in accordance with guidance issued by the Secretary of State.
.
17
In regulation 17 (retirement after the normal retirement date), in paragraph (1) after “remains in employment” insert “or who joins the Scheme”.
18
In regulation 18 (flexible retirement) —
a
after paragraph (3), insert —
3A
If the payment of benefits referred to in paragraph (1) takes effect after the member’s 65th birthday, the benefits payable shall be enhanced in accordance with guidance issued by the Secretary of State.
; and
b
in paragraph (5), after “17,” insert “18,”.
19
In regulation 20 (early leavers: ill-health) —
a
in paragraphs (1)(b) and (2), for “obtaining” substitute “being capable of undertaking”;
b
in paragraph (3) —
i
for “cannot obtain gainful employment” substitute “is not capable of undertaking gainful employment”; and
ii
for “able to obtain” substitute “capable of undertaking”;
c
for paragraph (4) substitute —
4
If the authority determine that it is likely that he will be capable of undertaking gainful employment within three years of leaving his employment, or normal retirement age if earlier, his benefits —
;
d
in paragraph (5) —
i
after “medicine” insert “(“IRMP”)”; and
ii
for “obtaining” substitute “being capable of undertaking”;
e
in paragraph (7) —
i
for sub-paragraph (a) substitute —
a
Subject to sub-paragraph (c), once benefits under paragraph (4) have been in payment to a person for 18 months, the authority shall make inquiries as to his current employment.
; and
ii
after sub-paragraph (b), insert —
c
Sub-paragraph (a) does not apply where a person reaches normal retirement age.
;
f
in paragraph (8) —
i
in sub-paragraph (a)(ii), for “obtaining” substitute “undertaking”;
ii
in sub-paragraph (b), for “The authority” substitute “Subject to sub-paragraph (bb), the authority”; and
iii
after sub-paragraph (b), insert —
bb
Paragraph (b) does not apply where a person reaches the age of 65.
;
g
after paragraph (11)(a), insert —
aa
A subsequent determination under paragraph (3) must be made within three years of the date that payment of benefits is discontinued under paragraph (8)(b), or before the member reaches the age of 65 if earlier.
;
h
after paragraph (11), insert —
11A
Where an authority makes a determination of benefits under paragraph (2) or (3) (“the subsequent determination”) in the case of a person —
a
for whom a retirement pension had already been determined under paragraph (2) or (3) (“the initial determination”), and
b
who subsequently became an active member of the Scheme,
his earlier period of active membership (calculated under the initial determination) shall not when aggregated with his later period of active membership (calculated under the subsequent determination), exceed the total membership he would have had, were the initial determination to have been made under paragraph (2).
;
i
in paragraph (12)(b), for “the member is wholly or partly in part-time service as a result of the condition” substitute “ the member is in part-time service wholly or partly as a result of the condition”; and
j
for paragraph (13), substitute —
13
But in the case of a person who is an active member before 1st April 2008 and who —
a
has reached the age of 45 before that date;
b
has had continuous membership; and
c
has not received any benefits in respect of that membership,
his benefits are increased by adding the period that would have been added had regulation 28 of the 1997 Regulations applied if such period is greater than the period to be added under paragraph (2)(b) or (3)(b).
.
k
in paragraph (14), for the definition of “qualified in occupational health medicine” substitute —
an independent registered medical practitioner qualified in occupational health medicine (“IRMP”)
.
20
In regulation 23 (death grants: active members) —
a
in paragraph (4) for “But in calculating death grant” substitute “But, subject to paragraph (4A), in calculating the death grant”; and
b
after paragraph (4) insert —
4A
Where, in the opinion of an IRMP the member was, at the date of death, in part-time service wholly or partly as a result of the condition that caused or contributed to the member’s death, no account shall be taken of any reduction in pay due to such reduction in service as is attributable to that condition.
.
21
In regulation 24 (survivor benefits: active members) —
a
in paragraph (1), after “a pension” add “, which shall come into payment on the day following death”; and
b
for paragraph (2), substitute —
2
a
Subject to the provisions listed in sub-paragraph (b) and to paragraph (2A), the pension is calculated by multiplying the member’s total membership, augmented as if regulation 20(2) applied, by his or her final pay and divided by 160;
b
The provisions mentioned in sub-paragraph (a) are —
i
regulations 14, 14A and 15;
ii
regulations 20(4)(a) and 20A of the 1997 Regulations ; and
iii
regulations 23 to 26 of the Administration Regulations.
2A
Where, in the opinion of an IRMP the member was at the date of death, in part-time service wholly or partly as a result of the condition that caused or contributed to the member’s death, no account shall be taken of any reduction in pay due to such reduction in service as is attributable to that condition.
.
22
In regulation 27 (children’s pensions) , for paragraph (2) substitute “The pension is payable on the day following death.”.
23
In regulation 29 (calculation on leaving early) , in paragraph (5) omit “, or any part of it,”.
24
In regulation 30 (choice of early payment of pension) after paragraph (6), add —
7
Paragraph (6) only applies to a member whose employment has been continuous with the same employing authority throughout that period.
8
For the purposes of paragraph (7), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply shall be treated as being continuous employment with the transferee employer.
.
25
After regulation 30, insert —
Choice of payment of pension: pensioner member with deferred benefits
30A
1
Where a member who is treated as a pensioner member with deferred benefits under regulation 20(9) (“a regulation 20(9) member”), has reached the Scheme’s normal retirement age, he or she is entitled to immediate payment of his or her retirement pension without reduction.
2
Subject to paragraphs (3) and (4), a regulation 20(9) member may upon reaching the age of 55, choose to receive payment of his or her retirement pension immediately.
3
A choice made by a member aged less than 60 is ineffective without the consent of the member’s former employing authority.
4
Subject to paragraph (5), the member’s pension must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary.
5
The member’s former employing authority may determine on compassionate grounds that the member’s retirement pension should not be reduced under paragraph (4).
.
26
In regulation 31 (early payment of pension: ill-health) —
a
in paragraph (1), omit “immediately”; and
b
for paragraph (2), substitute —
2
Before determining whether to agree to a request under paragraph (1), an employing authority must obtain a certificate from an IRMP as to whether in the IRMP’s opinion the member is suffering from a condition that renders the member permanently incapable of discharging efficiently the duties of the relevant employment because of ill-health or infirmity of mind or body and, if so, whether as a result of that condition the member has a reduced likelihood of being capable of undertaking any gainful employment before reaching normal retirement age, or for at least three years, whichever is the sooner.
.
27
In regulation 32 (death grants: deferred members) —
a
for paragraph (1) substitute —
1
If —
a
a deferred member, or
b
a pensioner member with deferred benefits under regulation 20(9) dies,
a death grant is payable.
; and
b
for paragraph (3), substitute —
3
The death grant is —
a
in the case of a deferred member, the member’s retirement pension multiplied by 5; or
b
in the case of a pensioner member with deferred benefits, the member’s retirement pension multiplied by 5, but the amount so calculated is reduced by the amount of any benefits paid to the member under regulation 20(4).
.
28
In regulation 33 (survivor benefits: deferred members) , in paragraph (1) after “a pension” insert “, which shall come into payment on the day following death”.
29
In regulation 35 (death grants: pensioner members) —
a
for paragraph (3), substitute —
3
a
The death grant is the member’s pension in payment multiplied by 10, ignoring any reduction where abatement has been applied under regulation 71 (application of abatement policy to individual cases) of the Administration Regulations; but
b
the amount so calculated is reduced by the amounts of any retirement pension paid to the member, or that would have been paid had the member’s pension not at any time been abated under regulation 71.
; and
b
after paragraph (3), add —
4
If the administering authority have not made payments under paragraph (1) equalling in aggregate the member’s death grant before the expiry of two years —
a
beginning with the member’s death, or
b
beginning with the date on which the administering authority could reasonably be expected to have become aware of the member’s death,
they must pay an amount equal to the shortfall to the member’s personal representatives.
.
30
In regulation 36 (survivor benefits: pensioners) , in paragraph (1) after “a pension” insert “, which shall come into payment on the day following death”.
31
In regulation 38 (pension increases under the Pensions (Increase) Acts) —
a
after paragraph (1), insert —
1A
But Schedule 3 to the 1971 Act only has effect in relation to any such increase where —
a
the last employing authority is not a body required by regulation 39 (employer’s contributions) of the Administration Regulations to contribute to that fund, nor a Water Act Company; or
b
the last employing authority is such a body or Company and the increase was payable before 1st April 1990.
1B
In a case where the last employing authority ceases after 31st March 1990 to be such a body, Schedule 3 to the 1971 Act has effect only so far as the cost of the increase has not, in the opinion of an actuary appointed by the administering authority of the fund, already been provided for by contributions under regulation 39 of the Administration Regulations.
1C
The amounts due under Schedule 3 to the 1971 Act must be paid on or before such dates, falling at intervals of not more than 12 months, as the appropriate administering authority may determine.
;
b
in paragraph (6), after “any amounts paid to them under paragraph (2)” insert “or Schedule 3 to the 1971 Act”;
c
in paragraph (7), for “paragraph 1(2) of Schedule 3 to the 1971 Act” substitute “paragraph 1(2) of Schedule 3 to the 1971 Act, except that if the pension became payable by reason of service with a relevant body, it means that body”; and
d
after paragraph (7), insert —
7A
Relevant bodies are —
a
an admission body which has made an admission agreement;
b
a body employing persons deemed to be in employment under —
i
regulation 129 (miscellaneous transport employees),
ii
regulation 130 (miscellaneous airport employees), or
iii
regulation 130C (employees in the Rent Service Agency)
of the 1997 Regulations; or
c
a company under the control of a Scheme employer listed in Schedule 2 to the Administration Regulations.
.
Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008
32
The Local Government Pension Scheme (Transitional Provisions) Regulations 2008 are amended in accordance with regulations 33 to 37.
33
In regulation 1 (citation, commencement, interpretation and application), in paragraph (4) for the definition of “the Scheme”, substitute —
“the Scheme” means the Local Government Pension Scheme 2008 constituted by these Regulations, the Benefits Regulations and the Administration Regulations.
.
34
In regulation 3 (membership accrued before 1st April 2008: active members) , in paragraph (2)(b), for “16, 17, 19 and 20 of the Benefits Regulations” substitute “16, 17, 19, 20 and 31 of the Benefits Regulations”.
35
In regulation 10 (the 85 year rule), in paragraph (1)(b) for “the appropriate administering authority”, substitute “the employing authority”.
36
After regulation 14 (pension sharing) insert —
Civil servants transferred to the Environment Agency
15
1
This regulation applies to a person to whom regulation 22 (civil servants transferred to the Environment Agency) of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 applied, notwithstanding the revocation of those Regulations.
2
Subject to paragraphs (3) and (7), these Regulations, the Benefits Regulations and Administration Regulations apply to a person to whom this regulation applies and who is an active member before 1st April 2008 and who has been since then in the continuous employment of the Environment Agency.
3
The Benefits Regulations and Administration Regulations apply subject to the modifications set out in paragraphs (4) to (6).
4
Sub-paragraphs (a) and (b) list the regulations in which references to normal retirement age shall be construed as age 60 —
a
in the Benefits Regulations, regulation 29 (calculation on leaving early) except for paragraph (5) of that regulation and regulation 30A (choice of payment of pension: pensioner member with deferred benefits); and
b
in the Administration Regulations, regulation 19(7) (contributions during reserve forces service leave), regulation 68(3) (annual benefit statements) and regulation 84(4) (right to count credited period).
5
Sub-paragraphs (a) and (b) list the regulations where references to 65th birthday shall be construed as references to 60th birthday —
a
in the Benefits Regulations, regulation 18(2) (flexible retirement); and
b
in the Administration Regulations, regulation 50(2) (commencement of pensions).
6
In the Benefits Regulations, in regulation 30 (choice of early payment of pension) and in regulation 30A (choice of payment of pension: pensioner member with deferred benefits) —
a
references to 55 shall be construed as references to 50; and
b
in each of those regulations, in paragraph (4), after “Actuary” insert “as respects members to whom regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 applies”.
7
Regulation 10 of, and Schedule 2 to, these Regulations shall not apply.
.
37
In Schedule 1 (regulations revoked) , for “regulation 108(A)”, substitute “regulation 108A”.
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
38
The Local Government Pension Scheme (Administration) Regulations 2008 are amended in accordance with regulations 39 to 56.
39
In regulation 7 (admission agreements – further provisions), omit paragraph (5).
40
In regulation 8 (eligibility for membership of employees of other bodies not listed in Schedule 2) —
a
in paragraph (1)(b), after “local authority”, omit “or”;
b
in paragraph (1)(c), for “Education Act 1996,” substitute “Education Act 1996; or”; and
c
after paragraph (1)(c) insert —
d
a federated school (within the meaning of the Education Act 2002 ),
.
41
In regulation 10 (supplementary provisions for certain members), in paragraph (1)(b) for “the Secretary of State” substitute “the Commissioners for Her Majesty’s Revenue and Customs ”.
42
In regulation 13 (joining the scheme) , for paragraph (5) substitute —
5
A person referred to in paragraph (3) who is employed by a body listed in Part 1 of Schedule 2 may be an active member from the date that the employment began provided that the person —
a
applies to the body to pay contributions in respect of that earlier period at the appropriate contribution rate as provided in regulation 3 of the Benefits Regulations; and
b
does so within 3 months of becoming eligible to join the Scheme, or such longer period as the employer may allow.
.
43
In regulation 16 (re-employed and rejoining deferred members) —
a
for paragraph (3) substitute —
3
Before the expiry of the period mentioned in paragraph (4)(b) or the expiry of the date mentioned in paragraph (4)(bb), a member may choose to aggregate any period of former membership.
; and
b
in paragraph (4), after sub-paragraph (b) insert —
bb
where sub-paragraph (b) does not apply, on or before 1st October 2011;
.
44
In regulation 17 (concurrent employments), for paragraph (1) substitute —
1
Where a person ceases to be an active member in one employment (“the first employment”) —
a
in respect of which the person has at least three months’ total membership; or
b
in respect of which the person has an entitlement to benefits under regulation 5 (benefits) of the Benefits Regulations; and
continues as an active member in another employment which was held concurrently with the first employment, the person may elect to have the former membership in respect of the first employment aggregated with membership in that other employment.
.
45
In regulation 26 (use of accumulated value of AVCs and SCAVCs) —
a
in paragraph (1)(a)(ii), for “19, 30 or 31” substitute “19 or 30”;
b
in paragraph (2), after “paragraph (1)(a)(i)” insert “or (b)”;
c
for paragraph (3), substitute —
3
The permissible ways are —
a
to subscribe to a registered pension scheme (other than the Scheme) but only if making a transfer under Part 9;
b
to subscribe to the AVC or SCAVC scheme established by the person’s new administering authority where regulation 86(1) or (2) applies; or
c
to purchase an appropriate policy from one or more insurance companies (within the meaning of section 275 of the Finance Act 2004).
;
d
omit paragraph (7); and
e
in paragraph (8), omit “or with paragraph (7)(b)”.
46
In regulation 36A (future costs) , after paragraph (4) insert —
4A
The assumptions used in making the valuation under paragraph (4) shall be determined by the Secretary of State after consultation with the Government Actuary and such other persons with whom consultation appears to the Secretary of State to be desirable.
.
47
In regulation 47 (exclusion of rights to return of contributions) —
a
in paragraph (1)(b), at the end omit “or”;
b
in paragraph (c), for “applies” substitute “applies; or”; and
c
after paragraph (c), insert —
d
the person continues as an active member in another employment held concurrently with the employment in which that person has ceased to be an active member.
.
48
In regulation 50 (commencement of pensions) after paragraph (3), insert —
3A
The first period for which any retirement pension under regulation 30A (choice of payment of pension: pensioner member with deferred benefits) of the Benefits Regulations is payable begins with the day on which the member chooses under paragraph (2) of that regulation.
.
49
In regulation 50A (guaranteed minimum pensions) —
a
in paragraph (2), for “unless paragraph (3) (4), or (5) applies” substitute “unless paragraph (3) or (4) applies”; and
b
in paragraph (6), for “Where paragraph (3)” substitute “Subject to regulation 17 (retirement after the normal retirement date) of the Benefits Regulations, where paragraph (3)”.
50
In regulation 51 (interest on late payment of certain benefits), in paragraph (3)(b), for “the Transitional Regulations or regulation 21” substitute “the Transitional Regulations, the Earlier Regulations or regulation 21”.
51
After regulation 52 (payments due in respect of deceased persons), insert —
Payments for persons incapable of managing their affairs
52A
1
If it appears to the appropriate administering authority that a person other than an eligible child is entitled to payment of benefits under the Scheme but is, by reason of mental disorder or otherwise, incapable of managing his or her affairs —
a
the authority may pay the benefits or any part of them to a person having the care of the person entitled, or such other person as the authority may determine, to be applied for the benefit of the person entitled as the authority may direct; and
b
in so far as the authority does not pay the benefits in that manner, the authority may apply them in such manner as the authority may determine, for the benefit of the person entitled or his or her beneficiaries.
2
In this regulation, “eligible child” shall be construed in accordance with regulation 26 (meaning of eligible child) of the Benefits Regulations.
.
52
In regulation 56 (first instance determinations: ill-health) —
a
in paragraph (1), for “An independent registered medical practitioner” substitute “Subject to paragraph (1A), an independent registered medical practitioner (“IRMP”)”; and
b
after paragraph (1), insert —
1A
Paragraph (1)(a) does not apply where a further certificate is requested for the purposes of regulation 20(7) of the Benefits Regulations.
; and
c
for paragraph (3), substitute —
3
The employing authority and the IRMP must have regard to guidance given by the Secretary of State when carrying out their functions under this regulation, and —
a
in the case of the employing authority, when making a determination under regulation 20 of the Benefits Regulations; or
b
in the case of the IRMP, when expressing an opinion as to the matters set out in regulation 20(5) and regulation 31(2) (early payment of pension: ill health) of those Regulations.
.
53
In regulation 58 (applications to resolve disagreements), in paragraph (9), for “regulation 63(1)” substitute “regulation 63(2)”.
54
For regulation 87 (changes of fund and variable time employees), substitute —
Changes of fund and variable-time employees
87
1
An inter-fund transfer under regulation 86(2) in respect of a member who is a variable-time employee prior to the transfer and who remains a variable-time employee after the transfer shall be on the basis that the member’s period of membership transfers on a day for day basis.
2
An inter-fund transfer under regulation 86(2) in respect of a member who is a variable-time employee prior to the transfer and who becomes a whole-time or part-time employee after the transfer shall be on the basis that the member’s period of membership transfers on a pro-rata basis using the formula —
.
55
In Schedule 2 (Scheme Employers), in Part 1 —
a
for paragraph 21, substitute —
21
A proprietor of an Academy within the meaning of section 579 (general interpretation) of the Education Act 1996 , who has entered into Academy arrangements within the meaning of section 1 (Academy arrangements) of the Academies Act 2010 .
.
b
after paragraph 25, add —
26
The Greater London Authority.
.
56
In Schedule 4 (Appropriate Funds) , in Part 1 —
a
in paragraph 2, for “paragraph 3 of Part 2 of the Table in Schedule 5 to the 1997 Regulations”, substitute “paragraph 3 of the Table in Part 2 of Schedule 5 to the 1997 Regulations”; and
b
after the Table, in notes (1), (2) and (3), in each place where it occurs, omit the word “active”.
Signed by authority of the Secretary of State for Communities and Local Government
Robert Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
18th August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010, and come into force on 6th April 2011.
Amendment of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
2
1
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 are amended as follows.
2
In regulation 2(1) —
a
insert each of the following definitions at the appropriate place —
“business day” shall cover both day and night-time settlements and shall encompass all events happening during the business cycle of a system;
“credit claims” means pecuniary claims arising out of an agreement whereby a credit institution grants credit in the form of a loan;
“interoperable system” in relation to a system (“the first system”), means a second system whose system operator has entered into an arrangement with the system operator of the first system that involves cross-system execution of transfer orders;
“system operator” means the entity or entities legally responsible for the operation of a system. A system operator may also act as a settlement agent, central counterparty or clearing house;
;
b
in the definition of “central counterparty”, omit “designated”;
c
in the definition of “clearing house”, omit “designated”;
d
in the definition of “collateral security” —
i
after “including” insert “credit claims and”;
ii
in sub-paragraph (a), omit “designated” both times it occurs;
e
in the definition of “credit institution” for “Article 4(1)(a)” substitute “Article 4(1)”;
f
in the definition of “default arrangements” —
i
after “designated system” insert “or by a system which is an interoperable system in relation to that system”; and
ii
after “participant” insert “or a system operator of an interoperable system”;
g
for the definition of “indirect participant” substitute —
“indirect participant” means an institution, central counterparty, settlement agent, clearing house or system operator —
which has a contractual relationship with a participant in a designated system that enables the indirect participant to effect transfer orders through that system, and
the identity of which is known to the system operator;
;
h
in the definition of “institution” —
i
insert after sub-paragraph (a) —
aa
an electronic money institution within the meaning of Article 2.1 of Directive 2009/110/ EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC ;
;
ii
omit the word “designated”;
i
in the definition of “participant”, after sub-paragraph (a), insert —
aa
a system operator;
;
j
in the definition of “relevant office-holder” —
i
at the end of paragraph (c), omit “or”;
ii
at the end of paragraph (d), insert “or”;
iii
after paragraph (d), insert —
e
any person appointed pursuant to insolvency proceedings of a country or territory outside the United Kingdom;
;
k
in the definition of “settlement account” omit “designated”;
l
in the definition of “settlement agent”, omit “designated”;
m
in the definition of “the Settlement Finality Directive” insert at the end “as amended by Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims ”;
n
in the definition of “transfer order” after “a central bank” insert “, a central counterparty”;
o
for the definition of “winding-up”, substitute —
“winding-up” means —
winding up by the court or creditors’ voluntary winding up within the meaning of the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 (but does not include members’ voluntary winding up within the meaning of that Act or that Order);
sequestration of a Scottish partnership under the Bankruptcy (Scotland) Act 1985 ;
bank insolvency within the meaning of the Banking Act 2009 .
.
3
In regulation 4(1), after “designated system” insert “and identifying the system operator of that system”.
4
In regulation 5 —
a
in paragraph (2), after “charge” insert “the system operator of”;
b
in paragraph (3)(b) —
i
for “system continues” substitute “system and its system operator continue”;
ii
for “is complying” substitute “are complying”;
iii
for “it is subject” substitute “they are subject”.
5
In regulation 7(1)(b) —
a
after “the system” insert “or the system operator of that system”;
b
for “it is subject” substitute “they are subject”.
6
In regulation 7(4), after “consent of the” insert “system operator of the”.
7
In regulation 8(2) insert at the end “and to the system operator of that system”.
8
In regulation 9 —
a
in paragraph (1), after “to the designated system” insert “and to the system operator of that system”;
b
after paragraph (1), insert —
2
Where a designating authority, in accordance with paragraph (1), treats an indirect participant as a participant in a designated system, the liability of the participant through which that indirect participant passes transfer orders to the designated system is not affected.
.
9
In regulation 10 —
a
for paragraph (1), substitute —
1
The system operator of a designated system shall, when that system is declared to be a designated system, provide to the designating authority in writing a list of the participants (including the indirect participants) in the designated system and shall give written notice to the designating authority of any amendment to the list within seven days of such amendment.
;
b
in paragraphs (2), (3), (4) and (5), for “a designated system” in each place where it occurs substitute “the system operator of a designated system”.
10
In regulation 13 —
a
for paragraph (2)(a), substitute —
a
insolvency proceedings in respect of a participant in a designated system, or of a participant in a system which is an interoperable system in relation to that designated system;
;
b
at the end of paragraph (2)(b), insert “and”;
c
after paragraph (2)(b), insert —
c
insolvency proceedings in respect of a system operator of a designated system or of a system which is an interoperable system in relation to that designated system;
;
d
after paragraph (3), insert —
4
References in this Part to “insolvency proceedings” shall include —
a
bank insolvency under Part 2 of the Banking Act 2009; and
b
bank administration under Part 3 of the Banking Act 2009;
.
11
In regulation 14 —
a
in paragraph (1), after “insolvent estate” insert “or with the law relating to other insolvency proceedings of a country or territory outside the United Kingdom”;
b
in paragraph (1)(d), after “designated system” insert “or in a system which is an interoperable system in relation to that designated system”;
c
in paragraph (2)(b) for “its default arrangements” substitute “the default arrangements of a designated system”;
d
in paragraph (2)(c), after “designated system” insert “or in a system which is an interoperable system in relation to that designated system”;
e
for paragraph (5)(a)(iv), substitute —
iv
paragraph 100(3) of Schedule B1 to the Insolvency (Northern Ireland) Order 1989, Article 31(4) of that Order, as it has effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005, and Article 50 of the Insolvency (Northern Ireland) Order 1989; and
;
f
in paragraph (5)(a)(v) after “2006” insert “(including that section as applied or modified by any enactment made under the Banking Act 2009)”;
g
in paragraph (6), after “participant” insert “, system operator”.
12
In regulation 15(1), after “default arrangements” insert “of a designated system”.
13
In regulation 20 —
i
in paragraph (1)(a), for “in respect of that participant” substitute —
in respect of —
i
that participant;
ii
a participant in a system which is an interoperable system in relation to the designated system; or
iii
a system operator which is not a participant in the designated system, or
;
b
in paragraph (1)(b) and (c), after “that participant” insert “, a participant in a system which is an interoperable system in relation to the designated system or a system operator of that designated system”;
c
in paragraph (2) —
i
in sub-paragraph (a), for “same day” substitute “same business day of the designated system”;
ii
in sub-paragraph (b) —
aa
for “the settlement agent, the central counterparty or the clearing house” substitute “the system operator”;
bb
for “the time of settlement of the transfer order” substitute “the time the transfer order became irrevocable”;
d
in paragraph (3), for “the relevant settlement agent, central counterparty or clearing house” substitute “the relevant system operator”.
14
In regulation 22(1), for “the system” substitute “the system operator of that designated system”.
15
In regulation 23(a) —
a
after “a participant” insert “, a system operator”;
b
after “the participant” insert “, the system operator”.
16
In regulation 26 —
a
in paragraph (1)(b), omit “in connection with a designated system”;
b
for paragraph (2)(b), substitute —
b
“equivalent overseas security” means any realisable assets provided under a charge or a repurchase or similar agreement, or otherwise (including credit claims and money provided under a charge) —
i
for the purpose of securing rights and obligations potentially arising in connection with such a system, or
ii
to a central bank for the purpose of securing rights and obligations in connection with its operations in carrying out its functions as a central bank.
.
17
In the Schedule —
a
in paragraph 1, insert at the end —
5
An arrangement entered into between interoperable systems shall not constitute a system.
;
b
in paragraph 3, for “system” in both places where it occurs, substitute “system operator”;
c
in paragraph 4, for “the system”, substitute “the system operator”;
d
in paragraph 5, after sub-paragraph (1), insert —
1A
Where the system has one or more interoperable systems, the rules required under paragraph (1)(a) and (b) shall, as far as possible, be co-ordinated with the rules of those interoperable systems.
1B
The rules of the system which are referred to in paragraph (1)(a) and (b) shall not be affected by any rules of that system’s interoperable systems in the absence of express provision in the rules of the system and all of those interoperable systems.
.
Existing designations
3
Nothing in these Regulations affects any designation order in force under the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 in relation to a designated system, and no system operator shall be required to apply for an amended designation order in consequence only of these Regulations.
Amendment of the Financial Collateral Arrangements ( No. 2) Regulations 2003
4
1
The Financial Collateral Arrangements (No. 2) Regulations 2003 are amended as follows.
2
In regulation 3 —
a
renumber the existing provision as paragraph (1);
b
in paragraph (1) —
i
insert in the appropriate place —
“credit claims” means pecuniary claims which arise out of an agreement whereby a credit institution, as defined in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council relating to the taking up and pursuit of the business of credit institutions (recast), including the institutions listed in Article 2 of that Directive, grants credit in the form of a loan ;
;
ii
in the definition of “financial collateral”, for “cash or financial instruments” substitute “cash, financial instruments or credit claims”;
iii
in the definition of “reorganisation measures”, in sub-paragraphs (c) and (d), after “Scottish partnership,” on each occasion it occurs, insert “a protected trust deed within the meaning of”;
iv
in the definitions of “security financial collateral arrangement” and “security interest” —
aa
for “equivalent financial collateral” substitute “financial collateral of the same or greater value”,
bb
after “excess financial collateral” insert “or to collect the proceeds of credit claims until further notice”;
v
for the definition of “winding up proceedings” substitute —
“winding-up proceedings” means —
winding up by the court or voluntary winding up within the meaning of the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989;
sequestration of a Scottish partnership under the Bankruptcy (Scotland) Act 1985 ;
bank insolvency within the meaning of the Banking Act 2009.
;
c
after paragraph (1), insert —
2
For the purposes of these Regulations “possession” of financial collateral in the form of cash or financial instruments includes the case where financial collateral has been credited to an account in the name of the collateral-taker or a person acting on his behalf (whether or not the collateral-taker, or person acting on his behalf, has credited the financial collateral to an account in the name of the collateral-provider on his, or that person’s, books) provided that any rights the collateral-provider may have in relation to that financial collateral are limited to the right to substitute financial collateral of the same or greater value or to withdraw excess financial collateral.
.
3
In regulation 4 —
a
in paragraph (4), insert at the end “or, in Scotland, to relation to any charge created or arising under a financial collateral arrangement”;
b
in paragraph (5), omit “security” both times it occurs.
4
In regulation 5, omit “security” both times it occurs.
5
In regulation 6A , insert at the end, “or, in Scotland, to any charge created or arising under a financial collateral arrangement.”
6
In regulation 8 —
a
in paragraph (1)(a), omit “and”;
b
after paragraph (1)(a), insert —
aa
paragraph 65(2) (distribution);
;
c
at the end of paragraph (1)(b), insert “and”;
d
after paragraph (1)(b), insert —
c
paragraph 99(3) and (4) (administrator’s remuneration, expenses and liabilities).
e
in paragraph (3) —
i
at the end of sub-paragraph (b), insert “and”;
ii
after sub-paragraph (b), insert —
c
section 19(4) and 19(5) (administrator’s remuneration, expenses and liabilities).
7
In regulation 9 —
a
at the end of paragraph (1)(a), omit “and”;
b
after paragraph (1)(b), insert —
c
Article 31(4) and (5) (administrator’s remuneration, expenses and liabilities); and
d
Paragraphs 44(2), 45 (restriction on enforcement of security), 66(2) (distribution), 71, 72 (power of administrator to deal with charged property), 100(3) and (4) (administrator’s remuneration, expenses and liabilities) of Schedule B1 to the Order .
.
8
In regulation 10 —
a
after paragraph (2), insert —
2A
Sections 40 (or in Scotland, sections 59, 60(1)(e)) and 175 of the Insolvency Act 1986 (preferential debts) shall not apply to any debt which is secured by a charge created or otherwise arising under a financial collateral arrangement.
2B
Section 176ZA of the Insolvency Act 1986 (expenses of winding up) shall not apply in relation to any claim to any property which is subject to a disposition or created or otherwise arising under a financial collateral arrangement.
;
b
in paragraph (4), for “being wound up” substitute “subject to winding-up proceedings”; and
c
in paragraph (6) after “floating charge)”, insert “(including that section as applied or modified by any enactment made under the Banking Act 2009)”.
9
In regulation 11 —
a
after paragraph (1), insert —
1A
Article 50 of that Order (payment of debts out of assets subject to floating charge) shall not apply (if it would otherwise do so), to any charge created or otherwise arising under a financial collateral arrangement.
;
b
after paragraph (2), insert —
2A
Articles 149 of that Order (preferential debts) and 150ZA (expenses of winding up) shall not apply (if they would otherwise do so) to any charge created or otherwise arising under a financial collateral arrangement.
.
10
In regulation 12 —
a
in paragraph (2)(b), after “winding-up of” insert “or, in Scotland, a petition for winding-up proceedings in relation to”;
b
in paragraph (3) —
i
in paragraph (a), after “winding-up order” insert “or, in the case of a Scottish partnership, the award of sequestration”, and
ii
in paragraph (b) after “otherwise”, insert “or, in the case of a Scottish partnership, when a protected trust deed is entered into”;
c
in paragraph (4) after “set-off)” insert “, or in Scotland, any rule of law with the same or similar effect to the effect of these Rules”.
11
In regulation 13(3) —
a
in paragraph (a) after “winding-up order” insert “or, in the case of a Scottish partnership, the award of sequestration”; and
b
in paragraph (b) after “otherwise” insert “or, in the case of a Scottish partnership, the date of registration of a protected trust deed”.
12
In regulation 15 —
a
after “goes into liquidation” insert “or administration”;
b
for “section 49(3) of the Bankruptcy (Scotland) Act 1985 as applied by rule 4.16(1)(c) of those rules (claims in foreign currency)” substitute “the provisions of the Bankruptcy (Scotland) Act 1985 referred to in those rules and such rules and provisions as applied by rule 2.41 of the Insolvency (Scotland) Rules 1986”.
13
After regulation 15, insert —
Insolvency proceedings in other jurisdictions
15A
1
The references to insolvency law in section 426 of the Insolvency Act 1986 (co-operation between courts exercising jurisdiction in relation to insolvency) include, in relation to a part of the United Kingdom, this Part of these Regulations and, in relation to a relevant country or territory within the meaning of that section, so much of the law of that country or territory as corresponds to this Part.
2
A court shall not, in pursuance of that section or any other enactment or rule of law, recognise or give effect to —
a
any order of a court exercising jurisdiction in relation to insolvency law in a country or territory outside the United Kingdom, or
b
any act of a person appointed in such a country or territory to discharge any functions under insolvency law,
in so far as the making of the order or the doing of the act would be prohibited by this Part in the case of a court in England and Wales or Scotland, the High Court in Northern Ireland or a relevant office holder.
3
Paragraph (2) does not affect the recognition of a judgment required to be recognised or enforced under or by virtue of the Civil Jurisdiction and Judgments Act 1982 or Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .
.
14
In regulation 16 —
a
after paragraph (3), insert —
3A
In Scotland, paragraphs (1) and (3) apply to title transfer financial collateral arrangements as they apply to security financial collateral arrangements.
;
b
at the end insert —
5
This regulation does not apply in relation to credit claims.
.
15
For regulation 17, substitute —
Appropriation of financial collateral under a security financial collateral arrangement
17
1
Where a security interest is created or arises under a security financial collateral arrangement on terms that include a power for the collateral-taker to appropriate the financial collateral, the collateral-taker may exercise that power in accordance with the terms of the security financial collateral arrangement, without any order for foreclosure from the courts (and whether or not the remedy of foreclosure would be available).
2
Upon the exercise by the collateral-taker of the power to appropriate the financial collateral, the equity of redemption of the collateral-provider shall be extinguished and all legal and beneficial interest of the collateral-provider in the financial collateral shall vest in the collateral taker.
.
Registration of charges: Scotland
5
1
The Bankruptcy and Diligence etc. (Scotland) Act 2007 has effect in relation to floating charges which are created by or otherwise arise under a financial collateral arrangement with the following modifications.
2
In section 38 (creation of floating charges) —
a
in subsection (3), after “subsection (3A)” insert “, subsection (3B)”;
b
after subsection (3A), insert —
3B
If a floating charge is created or otherwise arises under a security financial collateral arrangement, it is created when the document granting the floating charge is executed by the company granting the charge and without registration in the Register of Floating Charges.
.
3
In section 39 (advance notice of floating charges), for subsection (4), substitute —
4
This section does not apply —
a
where a company proposes to grant a floating charge in favour of a central institution;
b
where a floating charge is created or otherwise arises under a security financial collateral arrangement.
.
4
In section 42 (assignation of floating charges), after subsection (4), insert —
5
This section does not apply to the assignation (whether in whole or to a specified extent) of a floating charge which was created or otherwise arises under a security financial collateral arrangement.
.
5
In section 43 (alteration of floating charges), in subsection (4A) —
a
at the end of paragraph (b), insert “, or”;
b
after paragraph (b), insert —
c
the floating charge was created or otherwise arises under a security financial collateral arrangement.
.
6
In section 44 (discharge of floating charges), for subsection (4), substitute —
4
This section does not apply where the floating charge to be discharged (whether in whole or to a specified extent) —
a
is or has been held by a central institution, or
b
was created or otherwise arises under a security financial collateral arrangement.
.
7
In section 47 (interpretation), after the definition of “fixed security”, insert —
security financial collateral arrangement” has the same meaning as in regulation 3 of the Financial Collateral Arrangements (No. 2) Regulations 2003;
.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2010 and come into force —
a
for all purposes except those of regulation 2, on 19th April 2010,
b
for the purposes of regulation 2(1),(2) and (3), on 14th May 2010, and
c
for the purposes of regulation 2(4) and (5), on 4th December 2011.
2
In these Regulations the “ Principal Regulations ” means the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 .
Amendments concerning EU cabotage rules
2
1
The Principal Regulations are amended as follows.
2
In regulation 3 (interpretation), in paragraph (1) —
a
for the definition of “Community cabotage authorisation”, substitute —
“ Council Regulation (EEC) No. 3118/93 ” means Council Regulation (EEC) No. 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State as it has effect with Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21st October 2009 on common rules for access to the international road haulage market ;
; and
b
in paragraph (d) of the definition of “foreign goods vehicle”, for the words “except in the case of use under a Community cabotage authorisation”, substitute “(except in the case of use in a cabotage operation permitted under Council Regulation (EEC) No. 3118/93 )”.
3
a
In the heading immediately preceding regulation 7 (exemption for foreign goods vehicles, etc. ), for the words “with Community cabotage authorisations”, substitute “being used to carry out Community cabotage operations”.
b
In regulation 7, for paragraph (1), substitute —
1
Notwithstanding anything in regulations 8 to 30E, section 2(1) of the Act shall not apply in the case of a foreign goods vehicle being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in Great Britain in accordance with the provisions of Council Regulation (EEC) No. 3118/93 .
.
4
In regulation 3 (interpretation), in paragraph (1) —
a
omit the definition of “ Council Regulation (EEC) No. 3118/93 ”, as inserted by paragraph (2)(a) of this Regulation;
b
omit the definition of “Council Regulation No. 881/92 ”;
c
in paragraph (d) of the definition of “foreign goods vehicle”, for the words “(except in the case of use in a cabotage operation permitted under Council Regulation (EEC) No. 3118/93 )”, as inserted by paragraph (2)(b) of this Regulation, substitute —
(except in the case of use in a cabotage operation permitted under Regulation (EC) No. 1072/2009 )
;
d
for the definition of “international carriage”, substitute —
“international carriage” has the meaning which it bears in Article 2 of Regulation (EC) No. 1072/2009 ;
.
e
at the end of the definition of “Northern Ireland goods vehicles”, omit “and”; and
f
after the definition of “Northern Ireland goods vehicles”, insert —
“Regulation (EC) No. 1072/2009 ” means Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21st October 2009 on common rules for access to the international road haulage market; and
.
5
In regulation 7(1), for the words “ Council Regulation (EEC) No. 3118/93 ”, substitute “Regulation (EC) No. 1072/2009 ”.
Amendments concerning Turkish goods vehicles
3
1
For regulation 29 (exemption and modification for Turkish goods vehicles), substitute —
Exemption for Turkish goods vehicles
29
1
In this regulation “Turkish goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Republic of Turkey; and
b
which, in the case of a trailer, is owned by or operated by or on behalf of a person who is authorised under Turkish law to use that vehicle for the carriage of goods in the Turkish Republic.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Turkish goods vehicle for the carriage of any goods.
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
15th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2010.
2
The Regulations shall come into force on 1st May 2010 other than for the purposes of regulation 24 which shall come into force on 4th October 2010.
3
In these Regulations, the “ principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following regulations.
Interpretation
3
In regulation 3 (interpretation), in paragraph (1), after the definition of “1985 Act” insert —
“abridged standard test of driving theory” means the test described in regulation 40B(1A);
.
4
In regulation 3A (meaning of “theory test”) in paragraph (1) —
a
at the end of sub-paragraph (aa) omit “and”; and
b
after sub-paragraph (aa) insert —
ab
the part of a test which consists of the abridged standard test of driving theory and the standard test of hazard perception where the test is to be conducted in —
i
three parts by virtue of regulation 40(2B); or
ii
two parts by virtue of regulation 40(2C); and
.
Meaning of “qualified driver”
5
In regulation 17 (meaning of “qualified driver”) —
a
in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
b
after paragraph (2) insert —
2A
For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle.
; and
c
in paragraph (3) —
i
at the beginning of sub-paragraph (e) add “subject to sub-paragraph (ea),”; and
ii
after sub-paragraph (e) insert —
ea
a period before 1st May 2010 during which a person (“the supervising driver”) has held a licence authorising the driving of vehicles included in sub-category C1, C1+E, D1, or D1+E may only be taken into account in assessing whether the supervising driver has the relevant driving experience to supervise the holder of a provisional licence driving such a vehicle, if the supervising driver has passed a test before 1st May 2010 in which the vehicle used for the practical test fell within one of those sub-categories;
.
Interpretation of Part III
6
In regulation 22 (interpretation of Part III) —
a
for the definition of “appointed person” substitute —
“appointed person” means —
in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; and
in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23;
;
b
after the definition of “DSA examiner” insert —
“educational qualification” means —
a qualification awarded by the Scottish Qualifications Authority pursuant to section 2(1) of the Education (Scotland) Act 1996 ;
a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;
a qualification accredited by the Qualifications and Curriculum Authority under section 24(2)(g) or 30(1)(e) of the Education Act 1997 ;
a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997 ;
a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or
a qualification which has been awarded or authenticated by a person recognised for either of those purposes by the Welsh Ministers under section 30(1)(e) of the Education Act 1997 (as substituted by the 2009 Act) and, where they have determined, under section 30(1)(f) of that Act (as so substituted) that that qualification shall be subject to a requirement of accreditation, which has been accredited by them under section 30(1)(h) of that Act (as so substituted);
“excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;
; and
c
after the definition of “motor car instructor” insert —
“qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;
“relevant awarding authority” means a body which awards or authenticates relevant qualifications;
“relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;
“relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;
“safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);
“Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;
.
Appointment of persons to conduct tests
7
After regulation 22 after the heading “Appointment of persons to conduct tests” insert —
Persons by whom safe road use test may be conducted
22A
1
Subject to the provisions of this regulation, a safe road use test may only be conducted by —
a
a person (including a relevant awarding authority) appointed in writing for that purpose by the Secretary of State; or
b
a person or class of persons appointed by a relevant awarding authority for the purpose of testing persons taking a safe road use test as part of a relevant qualification.
2
No relevant awarding authority shall be eligible to appoint any person or class of persons under paragraph (1)(b) unless, following an application made to the Secretary of State for the purpose of that paragraph, the Secretary of State is satisfied in relation to such an appointment that —
a
proper arrangements will be made by the authority for the conduct of the test in accordance with these Regulations; and
b
proper records of the tests and the results of the tests will be kept by the authority,
and has granted approval in writing to the authority making the appointments, the approval to be subject to such conditions as the Secretary of State thinks fit to impose.
3
An appointment made under paragraph (1)(a) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates.
4
The Secretary of State may vary any conditions imposed under paragraphs (2) or (3) by notice in writing given to the appointed person or to the relevant awarding authority in the case of an approval granted under paragraph (2).
5
No person, or member of a class of persons appointed by virtue of paragraph (1)(b), may conduct tests unless the Secretary of State has approved the appointments in writing and such approval shall be granted only if the Secretary of State is satisfied that that person is, or the members of that class of persons are, capable of making a proper assessment of a candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.
22B
1
The Secretary of State shall, on request, supply (by electronic or other means) a test set to any relevant awarding authority.
2
In this regulation, a “test set” means a set of the information and materials necessary for the conduct of the safe road use test, for each person taking the test.
.
8
In regulation 23 (persons by whom theory tests may be conducted) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (8A).”; and
b
after paragraph (8) insert —
8A
A person appointed under sub-paragraph (da), (db), (e) or (f) of paragraph (1) shall not conduct a theory test within the meaning of regulation 3A(1)(ab).
.
9
In regulation 23A(4)(a) for “theory test questions and film clips, each” substitute “the information and materials necessary for the conduct of that test, including the film clips”.
10
After regulation 25 (revocation of authority to conduct tests) insert —
25A
1
The Secretary of State may revoke —
a
an appointment made under regulation 22A(1)(a), or
b
an approval given under regulation 22A(2),
by notice in writing and the authority of the person whose appointment or approval is revoked to conduct safe road use tests or, as the case may be, to appoint others to do so shall cease upon the date specified in the notice.
.
Applications for tests
11
After regulation 25A (as inserted by these Regulations), under the heading “applications for tests” insert —
Applications for safe road use tests
25B
1
Subject to paragraph (4), a relevant awarding authority which is approved under regulation 22A(2) but which is not an appointed person may apply to an appointed person for an appointment for a safe road use test in respect of a person seeking to attain a relevant qualification (“the candidate”).
2
An application made under paragraph (1) shall specify the date, time and location of the appointment sought and provide the name and such further details relating to —
i
the candidate who is to attend the appointment to take the test, and
ii
whether the candidate has special needs,
as the appointed person may reasonably require.
3
Subject to paragraph (4), upon receipt of such details the appointed person shall confirm to the relevant awarding authority the date and time of the appointment.
4
The appointed person may refuse to accept an application from a relevant awarding authority (or, where two or more applications have been made on the same occasion, to accept all or any of those applications) where any appointment specified in the application is unavailable or where, in the opinion of the appointed person, it is reasonably necessary to do so in the general interests of applicants for safe road use tests.
5
Subject to paragraph (6), no application may be made for an appointment on behalf of a person who has failed to pass a safe road use test if less than three working days, commencing with the day after the first test, would expire before the day on which the subsequent test would take place.
6
Paragraph (5) shall not apply in a case where the appointed person has given notice, prior to the first test, that an appointment for a subsequent test would be accepted without the interval referred to in that paragraph having expired.
.
12
In regulation 26 (applications for theory tests: applicants in person) in paragraph (1)(c) for “the fee specified in” substitute “the appropriate fee as specified in”.
13
In regulation 27 (applications for theory tests: motor bicycle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(2)”.
14
In regulation 28 (applications for theory tests: large vehicle instructors) in paragraph (1)(d) for “regulation 30” substitute “regulation 30(1)”.
15
In regulation 30 (fees for theory tests) —
a
at the beginning of paragraph (2) insert “Subject to paragraph (3),”; and
b
after paragraph (2) insert —
3
The fee payable for a theory test within the meaning of regulation 3A(1)(ab) is £24.
.
16
In regulation 38 (further requirements at tests) —
a
before paragraph (1) insert —
ZA1
A person submitting to a safe road use test (“the candidate”) to be conducted by an appointed person shall be accompanied by a person who is employed by a school, college or other body which has responsibility for the candidate or that candidate’s undertaking of that test.
; and
b
in paragraph (3)(a) —
i
omit “and” at the end of sub-paragraph (ii); and
ii
after that sub-paragraph insert —
iia
where the test is a theory test within the meaning of regulation 3A(1)(ab), produce a valid qualification award certificate or a valid relevant qualification certificate, as appropriate; and
.
17
In regulation 39 (examiner’s right to refuse to conduct test) before paragraph (1) insert —
ZA1
An appointed person shall refuse to conduct a safe road use test where the requirement in regulation 38(ZA1) is not met.
.
Nature of tests
18
In regulation 40 (nature of tests other than extended tests) for paragraph (2) substitute —
2
Subject to paragraph (2C), the test for a licence authorising the driving of a motor vehicle of a class included in category B shall be conducted in accordance with either paragraph (2A) or paragraph (2B).
2A
A test conducted in accordance with this paragraph shall consist of two parts, namely —
a
the standard test of driving theory and the standard test of hazard perception, and
b
the practical test,
and a person taking such a test must pass both parts.
2B
A test conducted in accordance with this paragraph shall consist of three parts, namely —
a
the safe road use test,
b
the abridged standard test of driving theory and the standard test of hazard perception, and
c
the practical test,
and a person taking such a test must pass all three parts.
2C
Where a person has been issued with a valid qualification award certificate, the test for a licence authorising the driving of a motor vehicle included in category B shall be conducted in two parts, namely —
a
the abridged standard test of driving theory and the standard test of hazard perception, and
b
the practical test,
and a person taking such a test must pass both parts.
.
19
In regulation 40A, in paragraph (1), after “two parts” insert “pursuant to regulation 40(2A) or (2C) or consists of three parts pursuant to regulation 40(2B)”.
20
In regulation 40B (content of the tests) —
a
before paragraph (1) insert —
ZA1
The safe road use test shall —
a
be conducted as an approved form of examination and test a candidate’s knowledge of the matters in Schedule 7 Part 2, other than the excepted matters;
b
have a duration of 30 minutes or, in the circumstances specified in paragraph (6), 60 minutes.
;
b
in paragraph (1) in sub-paragraph (a), for “candidate on” substitute “candidate’s knowledge and understanding of”;
c
after paragraph (1) insert —
1A
The abridged standard test of driving theory shall —
a
be conducted as an approved form of examination with the questions testing a candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and
b
have a duration of 40 minutes or, in the circumstances specified in paragraph (6), 80 minutes.
; and
d
in paragraph (6), for “paragraphs (1) and (2)” substitute “paragraphs (ZA1), (1), (1A) and (2)”.
Passing the test
21
In regulation 40C (passing the test) —
a
before paragraph (1) insert —
ZA1
A person (“the candidate”) shall be treated as having passed the safe road use test if the candidate satisfies the person conducting the test of the candidate’s knowledge of the matters in Schedule 7 Part 2 other than the excepted matters.
; and
b
after paragraph (1) insert —
1A
A candidate shall be treated as having passed the theory test described in regulation 3A(1)(ab) if the candidate satisfies the person conducting the test —
a
in respect of the abridged standard test of driving theory, of the candidate’s knowledge and understanding of the matters specified in Part 2 of Schedule 7; and
b
in respect of the standard test of hazard perception, that the candidate’s performance in the test demonstrates an ability to perceive hazards on the road.
.
22
After regulation 46 (entitlement upon passing an appropriate driving test), under the heading “Test Results”, insert —
Results of safe road use test and validity of certificates
46A
1
The person conducting a safe road use test shall arrange for the test to be marked on the day it was undertaken and shall upon completion of the marking of the test furnish the person who undertook it with notification of the result of that test.
2
A qualification award certificate or a relevant qualification certificate shall be valid for the purposes of regulation 38(3)(a)(iia) for a period commencing on the date of the certificate and ending —
a
three years later,
b
on the date on which the person to whom the certificate is issued is disqualified by order of a court under section 34 or 35 of the Offenders Act,
c
on the date on which that person is disqualified by order of a court under section 36 of the Offenders Act until that person passes an appropriate driving test, or
d
on the date on which that person’s driving licence is revoked under section 3 of the New Drivers Act 1995 ,
whichever is the earliest.
.
23
In regulation 47 (evidence of result of theory test: vehicles other than category C or D) in paragraph (1) for “40(2)(a)” substitute “40(2A)(a), (2B)(b) or (2C)(a)”.
Requirements for practical test
24
In Schedule 8 (specified requirements for practical or unitary test), in Part 2 (practical test: categories B and B+E), in section D (technical control of the vehicle), in paragraph 5(a) for “any two” substitute “one or more”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
6th April 2010
We approve the making of these Regulations
Dave Watts
Tony Cunningham
Two of the Lords Commissioners
of her Majesty’s Treasury
6th April 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Performers Lists) Amendment Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply in relation to England.
Amendment of the National Health Service (Performers Lists) Regulations 2004
2
The National Health Service (Performers Lists) Regulations 2004 are amended as follows.
Amendment of regulation 4
3
In regulation 4 (application for inclusion in a performers list) —
a
in paragraph (2)(h), before “details of any list” insert “subject to paragraph (8),”;
b
in paragraph (4), before “The performer shall send” insert “Subject to paragraph (8),”; and
c
after paragraph (7), insert —
8
The performer is not required —
a
to provide for the purposes of paragraph (2)(h), details of any list from which he has been removed or to which he has been refused admission; or
b
to send with any application a declaration for the purposes of paragraph (4)(m), as to whether he has been removed from or refused admission to any list kept by a Primary Care Trust,
where such removal or refusal relates to a person to whom regulation 43 applies and that refusal or removal respectively falls within regulation 43(2)(c) or (3)(c).
.
Amendment of regulation 6
4
In regulation 6 (decisions and grounds for refusal) —
a
in paragraph (4)(g), before “whether he has been refused”, insert “subject to paragraph (4A),”; and
b
after paragraph (4), insert —
4A
The Primary Care Trust must not take into consideration, for the purposes of paragraph (4)(g), any refusal of admission to or removal from any list where —
a
such refusal or removal relates to a person to whom regulation 43 applies; and
b
that refusal or removal respectively falls within regulation 43(2)(c) or (3)(c).
.
Amendment of regulation 11
5
In regulation 11 (criteria for a decision on removal) —
a
in paragraphs (2)(g) and (4)(f), before each reference to “whether the performer has been refused”, insert “subject to paragraph (9),”;
b
in paragraph (6)(g), before the reference to “whether he has been refused”, insert “subject to paragraph (9),”; and
c
after paragraph (8), insert —
9
The Primary Care Trust must not take into account for the purposes of paragraphs (2)(g), (4)(f) or (6)(g), any refusal of admittance to a list or any removal from a list where —
a
such refusal or removal relates to a person to whom regulation 43 applies; and
b
that refusal or removal respectively falls within regulation 43(2)(c) or (3)(c).
.
Amendment of regulation 21
6
In regulation 21(2) (medical performers lists: interpretation), insert in the appropriate places the following definitions —
“emergency registered practitioner” means a medical practitioner —
who is registered as a registered medical practitioner pursuant to section 18A of the Medical Act (temporary registration with regard to emergencies involving loss of human life or human illness etc. );
whose name, within the period of five years prior to being so registered, had been included on a medical performers list; and
whose name was subsequently removed from that or another medical performers list —
on the ground referred to in regulation 10(6); or
on some other ground unconnected with impairment of fitness to practise (for these purposes, impairment is construed in accordance with section 35C(2) of the Medical Act (functions of the Investigation Committee));
;
“period of emergency” means the period —
beginning when the Secretary of State advises the Registrar of the General Medical Council (“the Registrar”) that an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section, has occurred, is occurring or is about to occur;
ending when the Secretary of State advises the Registrar that the circumstances that led to the Secretary of State to advise the Registrar as mentioned in sub-paragraph (a) no longer exist;
.
Insertion of new regulations 26A to 26C
7
After regulation 26 insert —
Disapplication of provisions with regard to emergency registered practitioners
26A
1
Regulations 6, 23 and 24 do not apply to applications made during a period of emergency for inclusion of the name of an emergency registered practitioner in a medical performers list.
2
Regulation 26 does not apply in respect of the removal of an emergency registered practitioner’s name from a medical performers list.
Modification of regulation 4: applications relating to emergency registered practitioners
26B
1
Regulation 4 applies in respect of an application made during a period of emergency for inclusion of the name of an emergency registered practitioner in a medical performers list as if —
a
paragraph (2)(f) and (g);
b
paragraph (3)(c), (d), (e) and (f); and
c
paragraphs (6) and (7),
were omitted.
2
In addition to the information required by regulation 4, as modified by paragraph (1), the following must be supplied with an application referred to in that paragraph —
a
details of any Primary Care Trust in whose medical performers list the medical practitioner was previously included;
b
the medical practitioner’s professional registration number; and
c
an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) or, if none is supplied with the application, an undertaking —
i
if not already applied for, to apply for such a certificate within 7 days; and
ii
to provide that certificate to the Primary Care Trust within 7 days of receiving it.
3
A Primary Care Trust must refuse to include a medical practitioner’s name in its medical performers list pursuant to an application referred to in paragraph (1) if the medical practitioner is not an emergency registered practitioner.
Modification of regulation 10: removal of emergency registered practitioners
26C
1
The grounds in regulation 10 for the removal by a Primary Care Trust of a performer’s name from its performers list apply in respect of the removal of an emergency registered practitioner’s name from its medical performers list as if —
a
paragraph (2); and
b
paragraphs (6) to (14),
were omitted.
2
In addition to the grounds specified in regulation 10(1), a Primary Care Trust must remove the name of an emergency registered practitioner (“E”) from its medical performers list where E —
a
has not, on request, provided evidence to the Primary Care Trust that the certificate referred to in regulation 26B(2)(c) has been applied for (despite the undertaking to apply for the certificate); or
b
has not provided that certificate to the Primary Care Trust (despite the undertaking to provide it),
within the relevant period specified in regulation 26B(2)(c).
6
A Primary Care Trust may also remove E’s name from its medical performers list where it considers such removal to be justified, after having checked —
a
as far as reasonably practicable, the information provided with the application, in particular that provided under regulation 4(4) and (5), having had sight of the relevant documents;
b
with the NHS Counter Fraud and Security Management Service or the NHS Business Services Authority for relevant information relating to past or current fraud investigations involving or related to E and having considered these and any other facts in its possession relating to fraud involving or relating to E; or
c
with the Secretary of State for any relevant information relating to past or current investigations or proceedings involving or related to E and having considered these and any other facts in its possession involving or related to E.
7
The Service or Authority referred to in paragraph (6)(b) or, as the case may be, the Secretary of State, must, in response to a request from a Primary Care Trust, supply to that Trust any information they consider relevant for the consideration by the Trust of the question in paragraph (6)(b) or, as the case may be (c).
.
Substitution of regulation 27
8
For regulation 27 (additional decision that may be appealed), substitute —
Decisions that may or may not be appealed
27
1
A medical practitioner may also appeal, under regulation 15, against a decision of the Primary Care Trust to refuse to include the practitioner’s name in its medical performers list under regulation 24(1).
2
No appeal lies under regulation 15 against a decision of a Primary Care Trust —
a
to refuse to include a medical practitioner’s name in its medical performers list where that practitioner has applied to be included on that list in accordance with regulation 26B(1); or
b
to remove an emergency registered practitioner’s name from its medical performers list.
.
Amendment of regulation 34
9
In regulation 34 (interpretation) in the definition of “the Ophthalmic Regulations” in regulation 34(2), for “1996” substitute “1986”.
Insertion of new regulation 35A
10
After regulation 35, insert —
Inclusion in ophthalmic performers list without a full application in certain circumstances
35A
Where a performer has been refused admission to its ophthalmic performers list by a Primary Care Trust or has been removed from its ophthalmic performers list by a Primary Care Trust and that refusal or removal relates to a person to whom regulation 43 applies, the Primary Care Trust may agree to include them in its ophthalmic performers list without a full application if it —
a
is satisfied that there are no other matters that need to be considered; and
b
the performer provides undertakings of the kinds referred to in regulation 4(3) and 39(2).
.
Amendment of regulation 40
11
In regulation 40 (additional grounds for refusal), for paragraph (3), substitute —
3
For the purposes of regulation 6(2)(d), the date prescribed in this Part is 1st April 2005 or, if the ophthalmic practitioner had been included in an ophthalmic list, 14th December 2001.
.
Amendment of regulation 41
12
In regulation 41 (grounds for removal from a ophthalmic performers list), for paragraph (2), substitute —
2
For the purposes of regulation 10(1)(b), the date prescribed in this Part is 1st April 2005 or, if the ophthalmic practitioner had been included in an ophthalmic list, 14th December 2001.
.
Insertion of new regulation 43
13
After regulation 42, insert —
Additional provisions relating to applications for inclusion in, refusals of admission to and removals from an ophthalmic performers list
43
1
For the purposes of regulations 4(8), 6(4A), 11(9) and 35A, a performer is a person to whom this regulation applies if —
a
in the case of a refusal to admit to a list, paragraph (2) applies; and
b
in the case of a removal from a list, paragraph (3) applies.
2
This paragraph applies where the performer has not been included in an ophthalmic list and —
a
has been convicted in the United Kingdom of a criminal offence committed before 1st April 2005 and has been sentenced to a term of imprisonment of over six months;
b
has applied for admission to an ophthalmic performers list kept by a Primary Care Trust; and
c
has been refused admission to the list solely on the grounds that —
i
a criminal offence was committed before 1st April 2005 and the performer had been sentenced to a term of imprisonment of over six months, and
ii
at the time of the refusal, the date prescribed by regulation 40(3) for the purposes of regulation 6(2)(d) required the Primary Care Trust concerned to refuse to include the performer in its ophthalmic performers list.
3
This paragraph applies where the performer has not been included in an ophthalmic list and —
a
has been convicted in the United Kingdom of a criminal offence committed before 1st April 2005 and has been sentenced to a term of imprisonment of over six months;
b
was on an ophthalmic performers list kept by a Primary Care Trust; and
c
was removed from that ophthalmic performers list solely on the grounds that —
i
the criminal offence was committed before 1st April 2005 and the performer had been sentenced to a term of imprisonment of over six months, and
ii
at the time of the removal, the date prescribed by regulation 41(2) for the purposes of regulation 10(1)(b) required the Primary Care Trust concerned to remove that performer from its ophthalmic performers list.
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
19th February 2010


text:
Citation and commencement
1
This Order may be cited as the First-tier Tribunal (Gambling) Fees Order 2010 and comes into force on 18 January 2010.
Fee for bringing an appeal under the Gambling Act 2005
2
1
Subject to paragraph (2) and articles 3 and 4, the fees set out in column 2 of the table in the Schedule are payable in relation to an appeal to the First-tier Tribunal under the Gambling Act 2005 listed in column 1 of that table.
2
Where an appeal relates to a combination of any of the licences listed in fees 1.1 to 1.12 of column 1 of the table in the Schedule, only one fee is payable, and if those fees are different, only the highest fee is payable.
Exemption from fees
3
1
No fee is payable under this Order by a person bringing an appeal (“an appellant”) who, at the time that the fee would otherwise become payable, is in receipt of any qualifying benefit.
2
The following are qualifying benefits for the purpose of paragraph (1) —
a
income support under the Social Security Contributions and Benefits Act 1992 ;
b
working tax credit under the Tax Credits Act 2002 , provided that —
i
child tax credit is being paid to the appellant, or otherwise following a claim made jointly by the appellant and another person as a couple under section 3(3) of that Act; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the appellant,
and the gross annual income taken into account for the calculation of the working tax credit is £17,474 or less;
c
income-based jobseeker’s allowance under the Jobseekers Act 1995 ;
d
guarantee credit under the State Pension Credit Act 2002 ;
e
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 .
Reduction and remission of fees
4
Where the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship to the appellant, the Lord Chancellor may reduce or remit the fee.
Refunds
5
1
Subject to paragraph (2), where a fee has been paid at a time —
a
when, under article 3, it was not payable, the fee will be refunded;
b
when the Lord Chancellor, if all the circumstances had been known, would have reduced the fee under article 4, the amount by which the fee would have been reduced will be refunded;
c
when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under article 4, the fee will be refunded.
2
No refund shall be made under paragraph (1) unless the appellant applies in writing within 6 months of paying the fee.
3
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if the Lord Chancellor considers that there is good reason for an application being made after the end of the period of 6 months.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
10th January 2010


text:
Citation and commencement
1
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010.
2
The following provisions come into force on 1st April 2010 —
a
Parts 1 and 2 of Schedule 1;
b
Parts 1 and 2 of Schedule 2;
c
article 2(1) and (2), so far as relating to the provisions mentioned in paragraphs (a) and (b).
3
The following provisions come into force on the day after the day on which this Order is made —
a
this article;
b
Part 3 of Schedule 1;
c
Part 3 of Schedule 2;
d
article 2(1) and (2), so far as relating to the provisions mentioned in paragraphs (b) and (c);
e
article 2(3).
Consequential amendments, repeals and transitional provision
2
1
The consequential amendments made by Schedule 1 have effect.
2
The repeals listed in Schedule 2 have effect.
3
If on 1st April 2010 an Order under section 162 of the Education and Inspections Act 2006 has been made but is not in force, this Order has effect, until that Order comes into force, as if references to a local authority were references to a local education authority.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
30th March 2010