text:
Citation and commencement
1
These rules may be cited as the Tribunal Procedure (Amendment No. 2) Rules 2010 and come into force on 15 February 2010.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
2
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
3
In rule 1(3) (interpretation) —
a
after the definition of “appropriate national authority” insert —
“asylum case” means proceedings before the Upper Tribunal on appeal against a decision in proceedings under section 82, 83 or 83A of the Nationality, Immigration and Asylum Act 2002 in which a person claims that removal from, or a requirement to leave, the United Kingdom would breach the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
;
b
after the definition of “hearing” insert —
“immigration case” means proceedings before the Upper Tribunal on appeal against a decision in proceedings under section 40A of the British Nationality Act 1981 , section 82 of the Nationality, Immigration and Asylum Act 2002, or regulation 26 of the Immigration (European Economic Area) Regulations 2006 that are not an asylum case;
; and
c
after the definition of “document” insert —
“fast-track case” means an asylum case or an immigration case where the person who appealed to the First-tier Tribunal —
a
was detained under the Immigration Acts at a place specified in Schedule 2 to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 when the notice of decision that was the subject of the appeal to the First-tier Tribunal was served on the appellant;
b
remains so detained; and
c
the First-tier Tribunal or the Upper Tribunal has not directed that the case cease to be treated as a fast-track case;
.
4
After rule 5(3) (case management powers) insert —
4
The Upper Tribunal may direct that a fast-track case cease to be treated as a fast-track case if —
a
all the parties consent;
b
the Upper Tribunal is satisfied that there are exceptional circumstances which suggest that the appeal or application could not be justly determined if it were treated as a fast-track case; or
c
the Secretary of State for the Home Department has failed to comply with a provision of these Rules or a direction of the First-tier Tribunal or the Upper Tribunal, and the Upper Tribunal is satisfied that the other party would be prejudiced if the appeal or application were treated as a fast-track case.
.
5
In rule 7(2)(d) (failure to comply with rules etc. ) for “mental health cases” substitute “a mental health case, an asylum case or an immigration case”.
6
In rule 8 (striking out a party’s case) before paragraph (1) insert —
1A
Except for paragraph (2), this rule does not apply to an asylum case or an immigration case.
.
7
In rule 9 (addition, substitution and removal of parties) after paragraph (4) insert —
5
In an asylum case, the United Kingdom Representative of the United Nations High Commissioner for Refugees (“the United Kingdom Representative”) may give notice to the Upper Tribunal that the United Kingdom Representative wishes to participate in the proceedings.
6
If the United Kingdom Representative gives notice under paragraph (5) —
i
the United Kingdom Representative is entitled to participate in any hearing; and
ii
all documents which are required to be sent or delivered to parties must be sent or delivered to the United Kingdom Representative.
.
8
In rule 11 (representatives) —
a
in paragraph (1), after “proceedings” insert “save that a party in an asylum or immigration case may not be represented by any person prohibited from representing by section 84 of the Immigration and Asylum Act 1999 ”;
b
in paragraph (9), after “that Act,” insert “a qualified person as defined in section 84(2) of the Immigration and Asylum Act 1999,”; and
c
after paragraph (9) insert —
10
In an asylum case or an immigration case, an appellant’s representative before the First-tier Tribunal will be treated as that party’s representative before the Upper Tribunal, unless the Upper Tribunal receives notice —
a
of a new representative under paragraph (2) of this rule; or
b
from the appellant stating that they are no longer represented.
.
9
In rule 12 (calculating time) —
a
after paragraph (3) insert —
3A
In an asylum case or an immigration case, when calculating the time by which an act must be done, in addition to the days specified in the definition of “working days” in rule 1 (interpretation), the following days must also not be counted as working days —
a
27th to 31st December inclusive; and
b
in a fast-track case, 24th December, Maundy Thursday, or the Tuesday after the last Monday in May.
; and
b
in paragraph (4), after “paragraph (3)” insert “or (3A)”.
10
In rule 13 (sending and delivery of documents) after paragraph (5) insert —
6
Subject to paragraph (7), if a document submitted to the Upper Tribunal is not written in English, it must be accompanied by an English translation.
7
In proceedings that are in Wales or have a connection with Wales, a document or translation may be submitted to the Tribunal in Welsh.
.
11
In rule 15 (evidence and submissions) after paragraph (2) insert —
2A
In an asylum case or an immigration case —
a
if a party wishes the Upper Tribunal to consider evidence that was not before the First-tier Tribunal, that party must send or deliver a notice to the Upper Tribunal and any other party —
i
indicating the nature of the evidence; and
ii
explaining why it was not submitted to the First-tier Tribunal; and
b
when considering whether to admit evidence that was not before the First-tier Tribunal, the Upper Tribunal must have regard to whether there has been unreasonable delay in producing that evidence.
.
12
After rule 17 (withdrawal) insert —
Appeal treated as abandoned or finally determined in an asylum case or an immigration case
17A
1
A party to an asylum case or an immigration case before the Upper Tribunal must notify the Tribunal if they are aware that —
a
the appellant has left the United Kingdom;
b
the appellant has been granted leave to enter or remain in the United Kingdom;
c
a deportation order has been made against the appellant; or
d
a document listed in paragraph 4(2) of Schedule 2 to the Immigration (European Economic Area) Regulations 2006 has been issued to the appellant.
2
Where an appeal is treated as abandoned pursuant to section 104(4) or (4A) of the Nationality, Immigration and Asylum Act 2002 or paragraph 4(2) of Schedule 2 to the Immigration (European Economic Area) Regulations 2006, or as finally determined pursuant to section 104(5) of the Nationality, Immigration and Asylum Act 2002, the Upper Tribunal must send the parties a notice informing them that the appeal is being treated as abandoned or finally determined.
3
Where an appeal would otherwise fall to be treated as abandoned pursuant to section 104(4A) of the Nationality, Immigration and Asylum Act 2002, but the appellant wishes to pursue their appeal, the appellant must send or deliver a notice, which must comply with any relevant practice directions, to the Upper Tribunal and the respondent so that it is received within thirty days of the date on which the notice of the grant of leave to enter or remain in the United Kingdom was sent to the appellant.
4
Where a notice of grant of leave to enter or remain is sent electronically or delivered personally, the time limit in paragraph (3) is twenty eight days.
5
Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc.), the Upper Tribunal must not extend the time limits in paragraph (3) and (4).
.
13
Rule 21 (application to the Upper Tribunal for permission to appeal) is amended as follows —
a
after paragraph (3)(a) —
i
omit “or”; and
ii
insert —
aa
subject to paragraph (3A), in an asylum case or an immigration case where the appellant is in the United Kingdom at the time that the application is made —
i
seven working days after the date on which notice of the First-tier Tribunal’s refusal of permission was sent to the appellant; or
ii
if the case is a fast-track case, four working days after the date on which notice of the First-tier Tribunal’s refusal of permission was sent to the appellant;
ab
subject to paragraph (3A), in an asylum case or an immigration case where the appellant is outside the United Kingdom at the time that the application is made, fifty six days after the date on which notice of the First-tier Tribunal’s refusal of permission was sent to the appellant; or
; and
b
after paragraph (3) insert —
3A
Where a notice of decision is sent electronically or delivered personally, the time limits in paragraph (3)(aa) and (ab) are —
a
in sub-paragraph (aa)(i), five working days;
b
in sub-paragraph (aa)(ii), two working days; and
c
in sub-paragraph (ab), twenty eight days.
.
14
In rule 23 (notice of appeal) after paragraph (1) insert —
1A
In an asylum case or an immigration case in which the First-tier Tribunal has given permission to appeal, subject to any direction of the First-tier Tribunal or the Upper Tribunal, the application for permission to appeal sent or delivered to the First-tier Tribunal stands as the notice of appeal and accordingly paragraphs (2) to (6) of this rule do not apply.
.
15
In rule 24(2) (response to the notice of appeal) —
a
for paragraph (a) substitute —
a
if an application for permission to appeal stands as the notice of appeal, no later than one month after the date on which the respondent was sent notice that permission to appeal had been granted;
;
b
after paragraph (a) omit “or”; and
c
insert —
aa
in a fast-track case, one day before the hearing of the appeal; or
.
16
For rule 25 (appellant’s reply) —
a
in paragraph (2), for “Any” substitute “Subject to paragraph (2A), any”; and
b
insert —
2A
In an asylum case or an immigration case, the time limit in paragraph (2) is —
a
one month after the date on which the Upper Tribunal sent a copy of the response to the appellant, or five days before the hearing of the appeal, whichever is the earlier; and
b
in a fast-track case, the day of the hearing.
.
17
In rule 36(2) (notice of hearings) —
a
after paragraph (a) —
i
omit “and”; and
ii
insert —
aa
in a fast-track case the period of notice must be at least one working day; and
; and
b
before “the” in paragraph (b) insert “in any case other than a fast-track case”.
18
After rule 36 (notice of hearings) insert —
Special time limits for hearing an appeal in a fast-track case
36A
1
Subject to rule 36(2)(aa) (notice of hearings) and paragraph (2) of this rule, where permission to appeal to the Upper Tribunal has been given in a fast-track case, the Upper Tribunal must start the hearing of the appeal not later than —
a
four working days after the date on which the First-tier Tribunal or the Upper Tribunal sent notice of its grant of permission to appeal to the appellant; or
b
where the notice of its grant of permission to appeal is sent electronically or delivered personally, two working days after the date on which the First-tier Tribunal or the Upper Tribunal sent notice of its grant of permission to appeal to the appellant.
2
If the Upper Tribunal is unable to arrange for the hearing to start within the time specified in paragraph (1), it must set a date for the hearing as soon as is reasonably practicable.
.
19
In rule 40(2) (decisions) at the beginning insert “Except where rule 40A (special procedure for providing notice of a decision relating to an asylum case) applies,”.
20
After rule 40 (decisions) insert —
Special procedure for providing notice of a decision relating to an asylum case
40A
1
This rule applies to an appeal before the Upper Tribunal under section 11 of the 2007 Act in an asylum case where —
a
the person who appealed to the First-tier Tribunal is in the United Kingdom; and
b
the case is not a fast-track case.
2
The Upper Tribunal must provide to the Secretary of State for the Home Department as soon as reasonably practicable —
a
a decision notice stating the Upper Tribunal’s decision; and
b
a statement of any right of appeal against the decision and the time and manner in which such a right of appeal may be exercised.
3
The Secretary of State must, subject to paragraph (5) —
a
send the documents listed in paragraph (2) to the other party not later than 30 days after the Upper Tribunal sent them to the Secretary of State for the Home Department; and
b
as soon as practicable after sending the documents listed in paragraph (2), notify the Upper Tribunal on what date and by what means they were sent.
4
If the Secretary of State does not notify the Upper Tribunal under paragraph (3)(b) within 31 days after the documents listed in paragraph (2) were sent, the Upper Tribunal must send the notice of decision to the other party as soon as reasonably practicable.
5
If the Secretary of State applies for permission to appeal under section 13 of the 2007 Act, the Secretary of State must send the documents listed in paragraph (2) to the other party no later than the date on which the application for permission is sent to the Upper Tribunal.
.
21
In rule 43 (setting aside a decision which disposes of proceedings) —
a
in paragraph (3) at the beginning insert “Except where paragraph (4) applies,”; and
b
after paragraph (3) insert —
4
In an asylum case or an immigration case, the written application referred to in paragraph (3) must be sent or delivered so that it is received by the Upper Tribunal —
a
where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application is made, no later than twelve days after the date on which the Upper Tribunal or, as the case may be in an asylum case, the Secretary of State for the Home Department, sent notice of the decision to the party making the application; or
b
where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application is made, no later than thirty eight days after the date on which the Upper Tribunal sent notice of the decision to the party making the application.
5
Where a notice of decision is sent electronically or delivered personally, the time limits in paragraph (4) are ten working days.
.
22
1
Rule 44 (application for permission to appeal) is amended as follows.
2
After paragraph (3) insert —
3A
An application under paragraph (1) in respect of a decision in an asylum case or an immigration case must be sent or delivered to the Upper Tribunal so that it is received within the appropriate period after the Upper Tribunal or, as the case may be in an asylum case, the Secretary of State for the Home Department, sent any of the documents in paragraph (3) to the party making the application.
3B
The appropriate period referred to in paragraph (3A) is as follows —
a
where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application is made —
i
twelve days; or
ii
if the party making the application is in detention under the Immigration Acts, seven working days; and
b
where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application is made, thirty eight days.
3C
Where a notice of decision is sent electronically or delivered personally, the time limits in paragraph (3B) are —
a
in sub-paragraph (a)(i), ten working days;
b
in sub-paragraph (a)(ii), five working days; and
c
in sub-paragraph (b), ten working days.
.
3
In paragraph (4), after “paragraph (3)” insert “or (3A)”.
4
In paragraph (6), after “paragraph (3)” insert “, (3A)”.
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
23
The Asylum and Immigration Tribunal (Procedure) Rules 2005 are amended as follows.
24
In rule 24 (application for permission to appeal to the Upper Tribunal) —
a
for paragraph (2) substitute —
2
Subject to paragraph (3), an application under paragraph (1) must be sent or delivered to the Tribunal so that it is received no later than 5 days after the date on which the party making the application is deemed to have been served with written reasons for the decision.
; and
b
in paragraph (3), after “time limit for” insert “that person”.
25
For rule 25(4) (tribunal’s consideration of an application for permission to appeal to the Upper Tribunal) substitute —
4
Subject to rule 27, the Tribunal must send to the parties —
a
written reasons for a decision under this rule; and
b
if the application is refused, notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
.
Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
26
The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 are amended as follows.
27
In rule 16(a) (application of the Principal Rules to this Part) for “paragraph (2)” substitute “paragraphs (2) and (4)”.
28
For rule 17 (time limits for making an application for permission to appeal) substitute —
17
1
An application under rule 24(1) of the Principal Rules must be sent or delivered to the Tribunal so that it is received no later than 2 days after the date on which the party is served with written reasons for the decision.
2
If a person makes an application under rule 24(1) of the Principal Rules later than the time required by paragraph (1) —
a
the Tribunal may extend the time for appealing if satisfied that by reason of special circumstances it would be unjust not to do so; and
b
unless the Tribunal extends time under sub-paragraph (a), the Tribunal must not admit the application.
.
Carolyn Kirby
Philip Brook-Smith QC
Peter Lane
Bronwyn McKenna
Douglas May QC
Mark Rowland
Alison McKenna
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
10th January 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
These Rules may be cited as the Bank Administration (England and Wales) (Amendment) Rules 2010, shall come into force on 15th November 2010.
2
These Rules extend to England and Wales only.
Amendments to the Bank Administration (England and Wales) Rules 2009
3
The Bank Administration (England and Wales) Rules 2009 are amended as follows.
4
In rule 4 —
a
in paragraph (1), omit all the text in brackets; and
b
in paragraph (2), for “as in these rules” substitute “in these Rules”.
5
In rule 5 —
a
after sub-paragraph (c), insert —
ca
a reference to “the Insolvency Rules 1986” is a reference to those Rules including all amendments to them up to and including those made by the Insolvency (Amendment) ( No. 2) Rules 2009 ,
; and
b
after sub-paragraph (f), insert —
g
the purpose of bank administration” is a reference to the objectives of bank administration in section137 of the Banking Act 2009.
.
6
In rule 12, in paragraph (2) —
a
for “maker”, substitute “making”, and
b
for “should”, substitute “must” whenever it occurs.
7
In rule 16, for “rule 15”, substitute “Rule 15”.
8
After rule 30, insert —
30A
Where the statement of proposals is sent to creditors in accordance with paragraph 49(4)(b) of Schedule B1 (as applied by Table 1 in section 145(6) of the Banking Act 2009), it must be sent to the FSA and the FSCS at the same time.
.
9
In rule 33, omit “(or file a notice under paragraph 80(2) of Schedule B1 in accordance with section 153 of the Banking Act 2009)” and “(or filing the notice)”.
10
In rule 34, for paragraph (1) substitute —
1
Where the bank administrator wishes to publish a notice under paragraph 49(6) of Schedule B1 (as applied by Table 1 in section 145(6) of the Banking Act 2009), the notice shall be advertised in such manner as the bank administrator thinks fit.
.
11
In rule 35, in paragraph (4)(c), for “that Part” substitute “Part 1”.
12
In rule 37, in paragraph (2), after “attention to it” insert “and send a copy of it to any creditor on request”.
13
For rule 44, substitute —
44
If the court makes an order appointing a provisional bank administrator, as soon as reasonably practicable the court shall send 4 sealed copies of the order to the person appointed (and 1 additional copy by email if possible).
.
14
In rule 45 —
a
in paragraph (1) —
i
after sub-paragraph (a) insert —
aa
any administrative receiver of the bank,
,
ii
in sub-paragraph (b), omit “and”, and
iii
after sub-paragraph (b), insert —
ba
the FSCS, and
; and
b
after paragraph (2), insert —
3
Unless the court otherwise directs, on receipt of the order of appointment, as soon as reasonably practicable, the provisional bank administrator shall give notice of that appointment. Such notice —
a
shall be gazetted; and
b
may be advertised in such other manner as the provisional bank administrator thinks fit.
.
15
After rule 47, insert —
Disapplication of set-off for protected deposits
47A
1
This rule applies if —
a
FSA Rules allow the FSCS to make gross payments of compensation in respect of protected deposits; and
b
all or part of a creditor’s claim against the bank is in respect of protected deposits.
2
Rule 2.85 of the Insolvency Rules 1986 shall apply, but for the purpose of determining the sums due from the bank to an eligible depositor in respect of protected deposits under rule 2.85(3) —
a
where the total of the sums held by the bank for the depositor in respect of protected deposits is no more than the amount prescribed as the maximum compensation payable in respect of protected deposits under Part 15 of the Financial Services and Markets Act 2000 (“the limit”), then paragraph (3) applies; and
b
where the sums held exceed the limit, then paragraph (4) applies.
3
Where this paragraph applies, there shall be deemed to have been no mutual dealings, regardless of whether there are any sums due from the depositor to the bank, and the sum due to the depositor from the bank will be the total of the sums held by the bank for that depositor in respect of the protected deposits.
4
Where this paragraph applies then —
a
any mutual dealings shall be treated as being mutual dealings only in relation to the amount by which the total of the sums due to the depositor exceeds the limit, and
b
the sums due from the bank to the depositor in respect of the protected deposits will be —
i
the amount by which that total exceeds the limit, set off against the amounts due to the bank from the depositor in accordance with rule 2.85(3); and
ii
the sums held by the bank for the depositor in respect of protected deposits up to the limit.
5
Any arrangements with regard to set-off between the bank and the eligible depositor in existence before the date of the notice referred to in rule 2.85(1) shall be subject to this rule in so far as they relate to protected deposits.
6
In this rule —
“eligible depositor” has the meaning given to it by section 93(3) of the Banking Act 2009;
“FSA Rules” means the FSA’s Compensation Sourcebook, as amended from time to time, made under section 213 of the Financial Services and Markets Act 2000 ; and
“protected deposit” means a protected deposit within the meaning given by the FSA Rules held by the bank at the date of the notice referred to in rule 2.85(1).
.
16
In rule 48 —
a
for paragraph (2), substitute —
2
The bank administrator’s application under paragraph 79 of Schedule B1 to the Insolvency Act 1986 (as applied by section 153 of the Banking Act 2009 ) (“the application”) shall have attached to it a progress report for the period from the date of the previous report (or, if there was none, from the beginning of the bank administration) and a statement indicating what the bank administrator thinks should be the next steps for the bank.
;
b
omit paragraph (3);
c
for paragraph (4), substitute —
4
Before making the application, the bank administrator must send a copy of the application and the progress report to —
a
the Bank of England,
b
the FSA,
c
the FSCS, and
d
the registrar of companies.
;
d
in paragraph (5) —
i
for “Notice under paragraphs (4)(b) and (c) must be given”, substitute “Copies under paragraphs (4)(b) and (c) must be sent”, and
ii
omit “for approval of the notice”;
e
for paragraph (6), substitute —
6
Within 5 business days of filing the application with the court, the bank administrator must gazette a notice undertaking to provide a copy of the application to any creditor of the bank. This notice may also be published in such other manner as the bank administrator thinks fit.
; and
f
for paragraph (7), substitute —
7
The application must certify compliance with the preceding paragraphs of this rule.
.
17
In rule 52, after paragraph (2), insert —
2A
No bank administration proceedings shall be filed in the Central Office of the High Court.
.
18
In rule 61, in the Table of applications and specific modifications —
a
in the entry for rule 2.27, omit the words in the third column;
b
in the entry for rule 2.85, in the third column insert “Where all or part of a creditor’s claim against the bank is in respect of protected deposits (see rule 47A(6)), rule 47A applies instead.”;
c
omit the entry for rule 2.113;
d
in the entry for rule 2.114, for the words in the third column, substitute “Rule 2.114 is not applied – but equivalent provision is made by Part 3 of these Rules.”;
e
omit the entries for rules 7.30 and 7.32;
f
in the entry for rule 7.47, omit the words in the third column;
g
in the entry for rule 8.7, for the words in the third column, substitute “In paragraph (1) omit “of creditors or””;
h
omit the entries for rules 11.1 to 11.13; and
i
in the entry for rule 12.4A, omit the words in the third column.
Kenneth Clarke, C.
Lord Chancellor
20th October 2010
We concur
James Duddridge
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2010
I concur
Sir Andrew Morritt
The Chancellor of the High Court
7th September 2010


text:
Citation, application, and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2010 and shall come into force on 23rd July 2010.
Amendment of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004
2
1
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is amended as follows.
2
In article 6, at the beginning of paragraph (1), before “The amount of E”, insert “Except where article 7(1) applies,”.
3
After article 6, add —
Amount of E between 1st October 2010 and 30th September 2011
7
1
This article applies where the chargeable day for which small business rate relief is sought falls on a date in the period beginning with 1st October 2010 and ending on 30th September 2011.
2
The amount of E prescribed for the purposes of subsection 44(9) of the Act, where the rateable value of the hereditament shown in the local non-domestic rating list for the chargeable day for which small business rate relief is sought —
a
is not more than £6,000, shall be 5,000,000;
b
is more than £6,000 and not more than £12,000, shall be, subject to paragraph (3), the amount derived from dividing 6000 by the figure reached by subtracting 6000 from the rateable value of the hereditament shown in the local non-domestic rating list for that day; and
c
is more than £12,000 and not more than the amount prescribed, as regards the hereditament, in article 3(3), shall be 1.
3
Amounts calculated under paragraph (2)(b) shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and
b
ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths.
.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th June 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 7) Order 2010.
2
In this Order, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed day
2
The following provisions come into force on 6th April 2010 —
a
section 24 (orders preventing avoidance); and
b
paragraph 3 of Schedule 7 (minor and consequential amendments).
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th March 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Regulations 2010 and shall come into force on 6th December 2010.
2
These Regulations extend to Guernsey.
Amendment of regulation 10 of the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009
2
1
Regulation 10 of the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009 is amended as follows.
2
For sub-paragraph (a) substitute —
a
where information is held in relation to the applicant in the record of convictions and cautions held for the use of police forces generally, the police force in whose area the applicant currently resides;
.
3
For sub-paragraph (b) substitute —
b
where it appears to the Secretary of State that information is held by a police force in relation to the applicant other than in the record of convictions and cautions held for the use of police forces generally, the police force which appears to be holding that information;
.
4
For sub-paragraph (c) substitute —
c
where the application is made in relation to a prescribed purpose which is to be carried out primarily at the applicant’s place of residence, the police force in whose area the applicant currently resides;
.
5
Omit sub-paragraphs (d) to (i).
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
8th November 2010


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2010 and shall come into force on 6th April 2010.
2
In these Regulations —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ;
“A rated sponsor” means a sponsor to whom the Secretary of State has given an A rating;
“action plan” means an action plan issued to a B rated sponsor and with which a B rated sponsor must comply in order to become an A rated sponsor;
“application for naturalisation” means an application for naturalisation as a:
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“application for registration” means an application for registration as a:
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act;
British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“B rated sponsor” means a sponsor to whom the Secretary of State has given a B rating;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of eighteen;
“claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999 and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002, or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;
“Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);
“ Council of Europe Social Charter ” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18 th October 1961 ;
“ Council of Europe Revised Social Charter ” means the Council of Europe Treaty signed in Strasbourg on 3 rd May 1996 ;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner; or
a child
of that person;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“European Community Association Agreement” means any of the following —
the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or
the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter, or remain;
“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor within the meaning of the immigration rules;
“sponsorship licence” means a sponsor licence as identified within the immigration rules;
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;
“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points-Based System”;
“unmarried or same-sex partner” of a person means a person who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.
Fees for applications for leave to remain in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies —
a
where the application is for limited leave to remain in the United Kingdom as a Tier 5 migrant, the fee is £128 for an application made by post; or
b
where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) migrant in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, for an application made by post, the fee is £112.
2
This regulation is subject to regulations 6, 7, 8, 9, 10 and 12.
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain as a Tier 4 migrant, the fee is £357 for an application made by post.
2
This regulation is subject to regulations 6, 7, 8, 9, 10, 11 and 12.
Exceptions in respect of leave to remain applications
5
No fee is payable in connection with an application for limited leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in sub-paragraphs (a), (b) or (c).
6
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person who, at the time of making the application, is a child who is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
7
No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.
8
No fee is payable in respect of an application referred to in regulation 3 or 4 if it is made under the terms of a European Community Association Agreement.
9
1
Where two or more applications for leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable.
2
The fee payable shall be the higher, or as the case may be, the highest of the fees specified in respect of those applications, where those fees are different.
10
1
If the conditions specified in paragraph (2) are met, a single fee is payable in connection with the applications made.
2
The conditions are —
a
an application referred to in regulation 3 or 4 is made by an applicant (A); and
b
at the same time A makes a similar application on behalf of one or more of his dependants, in circumstances where such persons are applying as dependants of A.
3
The fee payable shall be the fee specified for the application in respect of A.
Additional fee for dependants
11
1
The applicant incurs an increase of £50 to the application fee for each person submitted as a dependant to that application whether —
a
the dependant is included on the application form; or
b
a separate application as a dependant is submitted at the same time.
12
The applicant must pay a further 10% of the application fee for each person submitted as a dependant to that application whether —
a
the dependant is included on the application form; or
b
a separate application as a dependant is submitted at the same time.
Fees for entry clearance
13
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies —
a
subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of —
i
twelve months or less in the case of an academic visitor, or
ii
six months or less in the case of a visitor other than an academic visitor,
the fee is £68;
b
the fee referred to at sub-paragraph (a) will be reduced to £47 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies;
c
subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £256;
d
where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who —
i
has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter,
the fee is £235;
e
where the application is for entry clearance as the dependant of a Tier 1 (General) migrant who has been granted a valid approval letter under the Highly Skilled Migrant Programme under the immigration rules, the fee is £256;
f
where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £315;
g
where the application is for entry clearance as the dependant of a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £315;
h
where the application is for entry clearance as a Tier 4 migrant, the fee is £199;
i
where the application is for entry clearance as the dependant of a Tier 4 migrant, the fee is £199;
j
subject to sub-paragraph (k), where the application is for entry clearance as a Tier 5 migrant, the fee is £128;
k
where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £112;
l
where the application is for entry clearance as the dependant of a Tier 5 (Temporary Worker) migrant, the fee is £128;
m
where the application is for entry clearance for passing through the United Kingdom, the fee is £47;
n
where the application is for entry clearance as the dependant of a student under paragraphs 76 to 81 of the immigration rules, the fee is £199.
2
This regulation is subject to regulations 14 and 15.
Exceptions and waivers in respect of fees for entry clearance applications
14
No fee is payable by the applicant in relation to an application referred to in regulation 13 where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
15
The official determining the application may waive the payment of a fee or reduce the fee required under regulation 13 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy; or
c
where the applicant intends to visit the United Kingdom in connection with one of the Foreign and Commonwealth Office’s Strategic or Bilateral Programmes.
Fees for transfer of conditions
16
1
In the case of an application to which article 3(2)(c) of the 2007 Order applies, the fee is —
a
£75 for an application made outside the United Kingdom;
b
subject to paragraph (2), £169 for an application made by post or courier within the United Kingdom.
2
Where an application referred to in paragraph (1)(b) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, a single fee is payable in connection with that application.
3
Paragraph (1)(b) is subject to regulation 12.
Fee for a work card in respect of a seasonal agricultural worker
17
1
Subject to paragraph (2), in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, which is made in respect of a person who is seeking to enter, or remain in, the United Kingdom as a seasonal agricultural worker under the immigration rules, the fee is £12.
2
No fee is payable in connection with an application referred to in paragraph (1) if it is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fees for travel documents (not including passports)
18
1
Subject to paragraph (2), in the case of an application to which article 3(2)(e) of the 2007 Order applies, other than an application referred to in paragraph (3), the fee to be paid is —
a
£138 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£220 in any other case.
2
No fee is payable in connection with an application referred to in paragraph (1) where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purpose of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to re-settle there.
3
In the case of an application to which article 3(2)(e) of the 2007 Order applies, where the application is for a Convention travel document or a document of identity, the fee is —
a
£49 in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen; or
b
£77.50 in any other case.
Fee for a transit visa
19
In the case of an application to which article 3(2)(la) of the 2007 Order applies, the fee is £47.
Fee for a certificate of entitlement to the right to abode
20
In the case of an application to which article 3(2)(lb) of the 2007 Order applies, the fee is —
a
£143 for an application made in respect of an applicant who is in the United Kingdom;
b
£220 for an application made in respect of an applicant who is outside the United Kingdom.
Fee for an application for a document recording biometric information
21
1
Subject to paragraphs (2) and (3), in the case of an application to which article 3(2)(o) of the 2007 Order applies, namely an application for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007 , where the application is required by regulations made under section 5 of the UK Borders Act 2007, the fee is £30.
2
No fee is payable in respect of an application referred to in paragraph (1) which is required under the Immigration (Biometric Registration) (Pilot) Regulations 2008 .
3
No fee is payable in respect of an application referred to in paragraph (1) where the application is made in conjunction with an application for leave to remain in the United Kingdom.
4
Subject to paragraph (5), where the application is for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007, in order to transfer data previously contained in a stamp, sticker or other attachment on a passport or other document which indicates that a person has been granted leave to enter or remain in the UK, the fee is £169.
5
Where an application referred to in paragraph (4) is made by an applicant and at the same time he makes a similar application on behalf of one or more of his dependants, a single fee is payable in connection with that application.
6
Paragraph (4) is subject to regulation 12.
Fees for sponsorship licences
22
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.
23
Subject to regulation 24, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is —
a
for a sponsorship licence in respect of Tier 4 migrants;
b
for a sponsorship licence in respect of Tier 5 migrants;
c
for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants;
d
in respect of a person who, if granted a sponsorship licence, would be a small sponsor and is for —
i
a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants;
ii
a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants; or
iii
a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants, and Tier 5 migrants,
the fee is £400.
24
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 23 and is in respect of a person who —
a
holds a valid sponsorship licence in respect of Tier 2 migrants; and
b
is a small sponsor,
the fee is £100.
25
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where a person —
a
holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and
b
is not a small sponsor,
and the application is for a licence referred to in paragraph (2), the fee is £600.
2
The sponsorship licences are —
a
a sponsorship licence in respect of Tier 2 migrants;
b
a sponsorship licence in respect of Tier 2 and Tier 4 migrants; or
c
a sponsorship licence in respect of Tier 2 and Tier 5 migrants.
Fee for the process of issuing a certificate of sponsorship
26
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, where the process is the issuing of a certificate of sponsorship in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as —
a
a Tier 5 migrant; or
b
a Tier 4 migrant,
the fee is £10.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 (Temporary Worker) made by a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fee for arranging a citizenship ceremony
27
1
In respect of a service to which article 4(2)(e) of the 2007 Order applies, namely the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony), the fee to be paid for the provision of this service is £80.
2
The fee referred to in paragraph (1) shall be payable on submission of an application for registration or for naturalisation by an applicant who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony.
3
Where the fee referred to in paragraph (1) is paid in accordance with paragraph (2) and —
a
the Secretary of State refuses the application; or
b
the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case,
the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.
4
Where the fee referred to in paragraph (1) is to be paid in accordance with paragraph (2), and the fee is not paid in accordance with that paragraph, the Secretary of State will not consider the application for registration or naturalisation.
Fee for the administration of a citizenship oath, or oath and pledge
28
1
In respect of a service to which article 4(2)(f) of the 2007 Order applies, namely the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony), the fee to be paid for the provision of this service is £5.
2
No fee is payable under these Regulations where the oath, or oath and pledge, is administered by a justice of the peace.
Fee for the supply of a certified copy
29
In respect of a service to which article 4(2)(g) of the 2007 Order applies, namely the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former Nationality Acts or the 1997 Act, the fee to be paid for the provision of this service is £76.
Fee for technical changes to a work permit document
30
In the case of an application to which article 3(2)(d) of the 2007 Order applies, for a letter to confirm the amendment to information held by the UK Border Agency relating to employment within the terms of the work permit arrangements, which does not constitute a change requiring a new application for permission to work, the fee is £20.
Fee for a letter or other document confirming immigration or nationality status
31
In the case of an application to which article 3(2)(q) of the 2007 Order applies, namely an application for a letter or other document confirming —
a
a person’s immigration or nationality status; or
b
that a person is not a British citizen,
the fee is £76.
Fee for services in connection with immigration or nationality applications
32
1
Subject to paragraph (2), in respect of a service to which article 6(2) of the 2007 Order applies, namely the provision of services in connection with any immigration or nationality application requiring a representative of the Secretary of State to —
a
attend premises other than an office of the UK Border Agency of the Home Office or Consular premises; or
b
provide services outside of office hours,
the fee is £130 per hour up to a maximum of £939 a day.
2
The official determining provision of these services may waive the payment of the fee in paragraph (1) where the official considers it is appropriate in the particular circumstances of the case.
Fee for reconsideration of an application for naturalisation or registration
33
Subject to regulation 34, in the case of an application to which article 3(2)(f) to (j) of the 2007 Order applies, namely an application for naturalisation or registration, where an applicant seeks reconsideration of a decision by the Secretary of State to refuse that application, the fee for reconsideration of each application is £100.
34
1
The official determining reconsideration of the application for naturalisation or registration shall —
a
refund the fee charged under regulation 33 where following that reconsideration, the application for naturalisation or registration is subsequently granted; but
b
deduct £80 for the fee specified in regulation 27(1), namely for the arrangement of a citizenship ceremony.
2
This regulation is subject to regulation 27(3)(b).
Fee for the issuing of an action plan
35
In respect of a process to which article 5(2)(b) of the 2007 Order applies, namely the issuing of an action plan, the fee is £600 for each action plan.
Fees for the registration of a declaration of renunciation
36
1
In respect of a service to which article 4(2)(a) to (d) of the 2007 Order applies, namely a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status, the fee to be paid for the provision of this service is £208.
2
Where a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of those declarations shall be the same as that for registration of a single declaration.
Consequences of failing to pay the fee
37
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
38
These Regulations revoke and replace the Immigration and Nationality (Cost Recovery Fees) Regulations 2009 .
Phil Woolas
Minister of State
Home Office
4th February 2010
We consent
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2010


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Building (Approved Inspectors etc.) Regulations 2010 and shall come into force on 1st October 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Building Act 1984;
“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;
“building work” has the meaning given in regulation 3(1) of the Principal Regulations ;
“controlled service or fitting” means a service or fitting in relation to which Part G, H, J or L of Schedule 1 to the Principal Regulations imposes a requirement;
“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;
“designated body” has the meaning given in regulation 4;
“dwelling-house” does not include a flat or a building containing a flat;
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“material alteration” has the meaning given in regulation 3(2) of the Principal Regulations;
“material change of use” has the meaning given in regulation 5 of the Principal Regulations;
“the Principal Regulations” means the Building Regulations 2010 .
2
Where any regulation requires the use of a numbered form in Schedule 1, a form substantially to the like effect may be used.
3
Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.
4
Any reference in these Regulations to an initial notice (whether or not combined with a plans certificate) shall in an appropriate case be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.
PART 2 Grant and Withdrawal of Approval
Designation of bodies to approve inspectors
3
If it appears to the Secretary of State that a body might properly be designated as a body to approve inspectors the Secretary of State may, if the body consents, designate it for that purpose.
Approval of inspectors
4
1
Where the Secretary of State has designated a body in accordance with regulation 3 (referred to in these Regulations as a “designated body”), a person seeking to be an approved inspector shall apply to a designated body giving particulars of —
a
in the case of a person other than a body corporate, the person’s qualifications and experience; and
b
in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which that designated body makes about those matters.
2
Where there is no designated body, a person seeking to be an approved inspector shall apply to the Secretary of State giving particulars of —
a
in the case of a person other than a body corporate, the person’s qualifications and experience; and
b
in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which the Secretary of State makes about those matters.
Manner of approval or designation
5
The approval of an inspector or the designation of a body to approve inspectors shall be given to that person or body by a notice in writing specifying any limitation on the approval or designation.
Termination of approval or designation
6
1
The approval of an inspector given by a designated body or by the Secretary of State shall cease to have effect at the end of a period of five years from the date on which it was given.
2
The approval of an inspector may be withdrawn by a notice in writing given to the inspector by the person who approved that inspector.
3
The Secretary of State may withdraw the designation of a designated body by giving the body notice in writing, but —
a
such withdrawal shall not affect the operation of any subsisting approval given by the body, and
b
a subsisting approval may be withdrawn by the Secretary of State as if it had been given by the Secretary of State.
4
Where an approved inspector is convicted of an offence under section 57 of the Act (false or misleading notices and certificates etc.), the person by whom the approval was given may on receipt of a certificate of the conviction forthwith withdraw the approval and no further approval shall be given to an approved inspector whose approval has been withdrawn for a period of five years beginning with the date of the conviction.
Lists of approvals and designations
7
1
The Secretary of State shall maintain —
a
a list of bodies which are for the time being designated in accordance with regulation 3 for the purpose of approving inspectors, and
b
a list of inspectors for the time being approved by the Secretary of State.
2
The Secretary of State shall —
a
supply to every local authority in whose area these Regulations apply a copy of the first lists of approved inspectors and designated bodies prepared under paragraph (1); and
b
notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.
3
A designated body shall —
a
maintain a list of inspectors for the time being approved by it; and
b
notify every local authority in whose area these Regulations apply as soon as practicable after withdrawing approval from any inspector.
4
Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date on which each approval will expire.
PART 3 Supervision of Work by Approved Inspectors
Functions of approved inspectors
8
1
Subject to paragraph (2), an approved inspector by whom an initial notice has been given shall, so long as the notice continues in force, take such steps (which may include the making of tests of building work and the taking of samples of material) as are reasonable to enable the approved inspector to be satisfied within the limits of professional skill and care that —
a
regulations 4 (requirements relating to building work), 6 (requirements relating to material change of use), 7 (materials and workmanship), 22 (requirements relating to a change to energy status), 23 (requirements relating to thermal elements), 26 (CO 2 emission rates for new buildings), 28 (consequential improvements to energy performance), 36 (water efficiency of new dwellings), 38 (Fire safety information), 39 (information about ventilation) and 40 (information about use of fuel and power) of the Principal Regulations are complied with, and
b
the requirements of regulation 20 of these Regulations (which applies regulations 20, 27, 29, 37, 41, 42, 43 and 44 of the Principal Regulations) are complied with.
2
In a case where any requirement of Part L of Schedule 1 to the Principal Regulations is to be complied with by the insertion of insulating material into the cavity in a wall after that wall has been constructed, the approved inspector need not supervise the insertion of the insulating material but shall state in the final certificate whether or not at the date of that certificate the material has been inserted.
Independence of approved inspectors
9
1
Approved inspectors shall have no professional or financial interest in the work they supervise unless it is minor work.
2
A person (“P”) shall be regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if —
a
P is or has been responsible for the design or construction of any of the work in any capacity, or
b
P or any nominee of P’s is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or
c
P is a partner or is in the employment of a person who has a professional or financial interest in the work.
3
For the purposes of this regulation —
a
P shall be treated as having a professional or financial interest in the work even if P has that interest only as trustee for the benefit of some other person,
b
in the case of married people or civil partners living together, the interest of one spouse or partner shall, if known to the other, be deemed to be also an interest of the other.
4
For the purposes of this regulation —
a
involvement in the work as an approved inspector,
b
entitlement to any fee paid for P’s function as an approved inspector, and
c
potential liability to pay any sum if a claim is made under the insurance cover provided for the purposes of the Act,
shall not be regarded as constituting a professional or financial interest.
5
For the purposes of this regulation “minor work” means —
a
the material alteration or extension of a dwelling-house which before the work is carried out has two storeys or fewer and which afterwards has no more than three storeys;
b
the provision, extension or material alteration of a controlled service or fitting in or in connection with any building; or
c
work consisting of the underpinning of a building;
and for the purposes of this paragraph a basement is not to be regarded as a storey.
Form, grounds and period for rejecting initial notice
10
1
The prescribed form of an initial notice —
a
which is not combined with a plans certificate, shall be form 1 in Schedule 1; or
b
which is combined with a plans certificate, shall be form 4 in Schedule 1.
2
An initial notice shall be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject an initial notice are those prescribed in Schedule 2.
4
The period within which a local authority may give notice of rejection of an initial notice is five days beginning with the day on which the notice is given.
Form, grounds and period for rejecting amendment notice
11
1
The prescribed form of an amendment notice shall be form 2 in Schedule 1.
2
An amendment notice shall be accompanied by the plans and documents described in the form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 2.
4
The period within which a local authority may give notice of rejection of an amendment notice is five days beginning with the day on which the notice is given.
Approved inspector’s consultation with the fire and rescue authority
12
1
This regulation applies where an initial notice is to be given or has been given in relation to the erection, extension or material alteration of a relevant building or in relation to building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the Principal Regulations imposes requirements in relation to the work.
2
Where this regulation applies, the approved inspector shall consult the fire and rescue authority —
a
before or as soon as practicable after giving an initial notice in relation to the work;
b
before or as soon as practicable after giving a relevant amendment notice in relation to the work;
c
before giving a plans certificate (whether or not combined with an initial notice); and
d
before giving a final certificate.
3
An approved inspector who is required by paragraph (2) to consult the fire and rescue authority shall give to the fire and rescue authority —
a
in a case where the approved inspector is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of Part B of Schedule 1 to the Principal Regulations; and
b
in a case where the approved inspector is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approved inspector intends to give the certificate.
4
An approved inspector who is required by paragraph (2) to consult the fire and rescue authority —
a
shall have regard to any views they express; and
b
shall not give a plans certificate or a final certificate until 15 days have elapsed from the date on which the approved inspector consulted them, unless they have expressed their views to the approved inspector before the expiry of that period.
5
Where a local enactment would, if plans were deposited in accordance with building regulations, require the local authority to consult the fire and rescue authority before or during the carrying out of any work, the approved inspector shall consult the fire and rescue authority in a manner similar to that required by the enactment.
6
In this regulation —
a
a “relevant building” is a building or any part of it to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work ;
b
a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building or any part of it ;
c
a “relevant amendment notice” is an amendment notice where any of the work specified in the initial notice, as varied by the amendment notice, being work which could not have been carried out under the original notice (“additional work”), concerns the erection, extension or material alteration of a relevant building or is building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the Principal Regulations imposes requirements in relation to the additional work.
Approved inspector’s consultation with the sewerage undertaker
13
1
This regulation applies where an initial notice or amendment notice is to be given or has been given in respect of work in relation to which paragraph H4 of Schedule 1 to the Principal Regulations imposes requirements.
2
Where this regulation applies, the approved inspector shall consult the sewerage undertaker —
a
before or as soon as practicable after giving an initial notice in relation to the work;
b
before or as soon as practicable after giving an amendment notice in relation to the work;
c
before giving a plans certificate (whether or not combined with an initial notice); and
d
before giving a final certificate.
3
An approved inspector who is required by paragraph (2) to consult the sewerage undertaker shall give to the sewerage undertaker —
a
in a case where the approved inspector is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the Principal Regulations; and
b
in a case where the approved inspector is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approved inspector intends to give the certificate.
4
An approved inspector who is required by paragraph (2) to consult the sewerage undertaker —
a
shall have regard to any views they express; and
b
shall not give a plans certificate or a final certificate until 15 days have elapsed from the date on which the approved inspector consulted them, unless they have expressed their views to the approved inspector before the expiry of that period.
Form, grounds and period for rejecting plans certificate
14
1
The prescribed form of a plans certificate —
a
which is not combined with an initial notice, shall be form 3 in Schedule 1; or
b
which is combined with an initial notice, shall be form 4 in Schedule 1.
2
The grounds on which a local authority shall reject a plans certificate which is not combined with an initial notice are those prescribed in Schedule 3.
3
The grounds on which a local authority shall reject a plans certificate combined with an initial notice are those prescribed in Schedule 2 and Schedule 3.
4
The period within which a local authority may give notice of rejection of a plans certificate (whether or not combined with an initial notice) is five days beginning on the day on which the certificate is given.
Effect of plans certificate
15
If an initial notice ceases to be in force as described in section 47(4)(b) of the Act (cancellation etc. of initial notice) and the conditions in section 53(2) of the Act (plans certificate given, accepted and not rescinded) are satisfied, the local authority may not —
a
give a notice under section 36(1) of the Act (removal or alteration of work which contravenes building regulations); or
b
institute proceedings under section 35 of the Act for a contravention of building regulations;
in relation to any work described in the certificate which has been carried out in accordance with the plans to which the certificate relates.
Form, grounds and period for rejecting final certificate
16
1
The prescribed form of a final certificate shall be form 5 in Schedule 1 and the grounds on which a local authority shall reject a final certificate are those prescribed in Schedule 4.
2
The period within which a local authority may give notice of rejection of a final certificate is ten days beginning with the day on which the certificate is given.
Events causing initial notice to cease to be in force
17
1
Where a final certificate given in respect of work described in an initial notice is rejected, the initial notice shall cease to be in force in relation to the work described in the final certificate on the expiry of a period of four weeks beginning with the date on which notice of rejection is given.
2
Paragraph (3) applies where work described in an initial notice includes the erection, extension or material alteration of a building, and —
a
the building or, as the case may be, the extension or any part of the building which has been materially altered is occupied, and
b
no final certificate is given.
3
The initial notice shall cease to be in force in relation to the building, extension or part of a building which is occupied —
a
if the building is a relevant building as defined by regulation 12(6)(a), except where it contains only flats and common parts for those flats, on the expiry of a period of four weeks beginning with the date of occupation; and
b
in any other case, on the expiry of a period of eight weeks beginning with the date of occupation.
4
Where work described in an initial notice involves a material change of use of a building, and —
a
no final certificate is given, and
b
that change of use takes place,
the initial notice shall cease to be in force in relation to that change of use on the expiry of a period of eight weeks beginning with the date on which the change of use takes place.
5
In any other case where no final certificate is given, an initial notice ceases to be in force on the expiry of a period of eight weeks beginning with the date on which the work described in the initial notice is substantially completed.
6
An initial notice shall not cease to be in force by virtue of paragraphs (2) and (3) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.
7
A local authority may extend any period referred to in this regulation either before or after its expiry.
Cancellation of initial notice
18
1
An approved inspector who is of the opinion that any of the work described in an initial notice which has been carried out contravenes any provision of building regulations may give notice in writing to the person carrying out the work specifying —
a
the requirement of building regulations which in the approved inspector’s opinion has not been complied with, and
b
the location of the work which contravenes that requirement.
2
A notice of contravention given in accordance with paragraph (1) shall inform the person carrying out the work that if within the prescribed period that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approved inspector will cancel the initial notice.
3
The period within which the person carrying out the work is to remedy the contravention as described in paragraph (2) is three months beginning with the day on which the notice is given.
4
Form 6 in Schedule 1 is the form of notice to be given by an approved inspector to cancel an initial notice in accordance with section 52(1) of the Act in circumstances referred to in section 52(2) of the Act; where notice of a contravention has been given under that subsection and no further initial notice relating to the work has been accepted, that notice shall specify the contravention.
5
Form 7 in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52(3) of the Act.
6
Form 8 in Schedule 1 is the form of notice to be given by the local authority to cancel an initial notice in accordance with section 52(5) of the Act.
Local authority powers in relation to partly completed work
19
1
This paragraph applies where —
a
any part of the work described in an initial notice has been carried out,
b
the initial notice has ceased to be in force, by reason of regulation 17 or has been cancelled by notice under section 52 of the Act, and
c
no other initial notice relating to that part of the work has been accepted.
2
Where paragraph (1) applies, the owner shall —
a
on being given reasonable notice by the local authority, provide them with —
i
sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the Principal Regulations, and
ii
where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates; and
b
comply with any notice in writing from the local authority requiring the owner within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the Principal Regulations.
3
Where paragraph (1) applies and work in relation to a building has been begun but not completed, a person who intends to carry out further work in relation to the partly completed work shall give the local authority sufficient plans to show that the intended work will not contravene any requirement in the Principal Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.
4
Plans given to a local authority in accordance with paragraph (3) are not to be regarded as plans deposited in accordance with building regulations.
PART 4 Application of Provisions of the Principal Regulations
Application of regulations 20, 27, 29, 37, 41, 42, 43 and 44 of the Principal Regulations
20
1
Regulations 20 (provisions applicable to self-certification schemes), 27 (CO 2 emission rate calculations), 29 (energy performance certificates), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing) and 44 (commissioning) of the Principal Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approved inspector.
2
Regulation 27(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.
3
Regulation 29(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.
4
Regulation 37(2) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.
5
Regulation 41 of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if —
a
for paragraph (3)(b) there were substituted —
b
given to the approved inspector in accordance with paragraph (2)(b) not later than five days after completion of the work to which the initial notice relates.
;
b
for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to commencement of the building work on site”.
6
Regulation 44 of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted —
4
The notice shall be given to the approved inspector —
a
subject to sub-paragraphs (b) and (c), not later than five days after completion of the work to which the initial notice relates;
b
where regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);
c
where regulation 20 applies by virtue of regulation 20 of the Building (Approved Inspectors etc.) Regulations 2010, not later than the date on which the notice or certificate required by that regulation must be given.
.
PART 5 Public Bodies
Approval of public bodies
21
1
In England if it appears to the Secretary of State, or in Wales, if it appears to the Welsh Ministers, that —
a
public bodies of a certain description should be enabled to supervise their own work under section 54 of the Act, or
b
that a public body should be approved for the purpose of so supervising its own work,
the Secretary of State or, as the case may be, the Welsh Ministers, shall approve that description of body or, as the case may be, that body in writing and take such steps as appear to them appropriate to inform those local authorities and public bodies which will be affected by the giving of the approval.
2
In England the Secretary of State, and in Wales, the Welsh Ministers, may withdraw the approval by a notice in writing given to any public body affected, and shall take such steps as appears to them appropriate to inform local authorities of such withdrawal.
Form, grounds and period for rejecting public body’s notice
22
1
The prescribed form of a public body’s notice —
a
which is not combined with a public body’s plans certificate, shall be form 9 in Schedule 1; or
b
which is combined with a public body’s plans certificate , shall be form 11 in Schedule 1.
2
A public body’s notice shall be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject a public body’s notice are those prescribed in Schedule 5.
4
The period within which a local authority may give notice of rejection of a public body’s notice is ten days beginning with the day on which the notice is given.
Public body’s consultation with the fire and rescue authority
23
Regulation 12 applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice, a plans certificate and a final certificate respectively references to a public body’s notice, a public body’s plans certificate and a public body’s final certificate.
Public body’s consultation with the sewerage undertaker
24
Regulation 13 applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice, a plans certificate and a final certificate respectively references to a public body’s notice, a public body’s plans certificate and a public body’s final certificate.
Form, grounds and period for rejecting public body’s plans certificate
25
1
The prescribed form of a public body’s plans certificate —
a
which is not combined with a public body’s notice, shall be form 10 in Schedule 1; or
b
which is combined with a public body’s notice, shall be form 11 in Schedule 1.
2
The grounds on which a local authority shall reject a public body’s plans certificate are those prescribed in Schedule 6.
3
The grounds on which a local authority shall reject a public body’s plans certificate combined with a public body’s notice are those prescribed in Schedule 5 and Schedule 6.
4
The period within which a local authority may give notice of rejection of a public body’s plans certificate or combined notice and certificate is ten days beginning on the day on which the certificate is given.
Effect of public body’s plans certificate
26
If a public body’s notice ceases to be in force and the conditions in paragraph 4(2) of Schedule 4 to the Act (public body’s plans certificate accepted and not rescinded) are satisfied, the local authority may not —
a
give a notice under section 36(1) of the Act (removal or alteration of work which contravenes building regulations); or
b
institute proceedings under section 35 of the Act for a contravention of building regulations;
in relation to any work which is described in the certificate and is carried out in accordance with the plans to which the certificate relates.
Form, grounds and period for rejecting public body’s final certificate
27
1
The prescribed form of a public body’s final certificate shall be form 12 in Schedule 1 and the grounds on which a local authority shall reject a final certificate are those prescribed in Schedule 7.
2
The period within which a local authority may give notice of rejection of a public body’s final certificate is ten days beginning with the day on which the certificate is given.
Events causing public body’s notice to cease to be in force
28
Regulation 17 applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice and a final certificate respectively references to a public body’s notice and a public body’s final certificate.
PART 6 Certificates Relating to Deposited Plans
Certificates given under section 16(9) of the Act
29
1
Regulations 3 to 7 shall apply in relation to —
a
the approval and the termination of approval of persons to certify plans in accordance with section 16(9) of the Act, and
b
the designation and the termination of designation of bodies to approve such persons,
as they do in relation to the approval of inspectors and the designation of bodies to approve inspectors respectively.
2
Regulations 4 and 6 of the Principal Regulations are prescribed for the purposes of section 16(9) of the Act insofar as either requires compliance with —
a
Part A (structure) of Schedule 1 to the Principal Regulations, and
b
Part L (conservation of fuel and power) of Schedule 1 to the Principal Regulations.
3
Where deposited plans are accompanied by a certificate as mentioned in section 16(9) of the Act, the evidence of insurance required by that provision is a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the certificate which accompanies the plans.
4
For the purposes of section 16(9) of the Act, the circumstances in which the local authority may reject deposited plans on the grounds referred to in section 16(9)(i) or (ii) are where —
a
the certificate states that the work shown in the plans complies with the requirements of Part A (structure) of Schedule 1 to the Principal Regulations;
b
paragraph A3 of that Schedule applies to the work shown in the plans; and
c
the certificate does not contain a declaration that the person giving the certificate does not, and will not until the work is complete, have a professional or financial interest in the work.
5
The provisions of regulation 9(1) to (4) shall have effect for the purpose of determining whether a person has a professional or financial interest in the work shown in the plans as if references in those provisions to approved inspectors were references to persons approved for the purposes of section 16(9) of the Act.
PART 7 Miscellaneous Provisions
Register of notices and certificates
30
1
The register which local authorities shall keep under section 56 of the Act shall contain the information set out in paragraph (2) with respect to —
a
initial notices, amendment notices, notices under section 51C of the Act or public body’s notices currently in force, and
b
certificates described in paragraph (3) which have been accepted or are presumed to have been accepted.
2
The information to be registered is —
a
the description of the work to which the notice or certificate relates and of the location of the work;
b
the name and address of any person who signed the notice or certificate;
c
the name and address of the insurer who signed any declaration which accompanied the notice or certificate; and
d
the date on which the notice or certificate was accepted or was presumed to have been accepted.
3
The certificates referred to in paragraph (1) are plans certificates, final certificates, public body’s plans certificates, public body’s final certificates and certificates given under section 16(9) of the Act.
4
A register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.
5
The information prescribed in paragraph (2) shall be entered in the register as soon as practicable and in any event within 14 days of the occurrence to which it relates.
Contravention of certain regulations not to be an offence
31
Each of these Regulations, other than regulation 19, is designated as a provision to which section 35 of the Act (penalty for contravening building regulations) does not apply.
Electronic service of documents
32
Section 94A of the Act (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section —
a
a notice under regulation 18(1);
b
a notice under regulation 19(2)(b);
c
a certificate or notice under regulation 20 of the Principal Regulations as applied by regulation 20 of these Regulations;
d
a notice under regulation 27(2) or (3) of the Principal Regulations as applied by regulation 20;
e
an energy performance certificate under regulation 29(2)(a) of the Principal Regulations as applied by regulation 20;
f
a notice under regulation 29(2)(b) of the Principal Regulations as applied by regulation 20;
g
a notice under regulation 37(1) of the Principal Regulations as applied by regulation 20;
h
results of sound insulation testing under regulation 41(2)(b) of the Principal Regulations as applied by regulation 20;
i
a notice under regulation 42(2)(b) of the Principal Regulations as applied by regulation 20;
j
a notice of the results of pressure testing under regulation 43(2)(b) of the Principal Regulations as applied by regulation 20;
k
a notice under regulation 44(3) of the Principal Regulations as applied by regulation 20;
Transitional provisions: interpretation
33
In regulations 34 to 37 —
“the Approved Inspectors Regulations 2000 ” means the Building (Approved Inspectors etc.) Regulations 2000 ;
“the 2009 Regulations ” means the Building and Approved Inspectors (Amendment) Regulations 2009 ;
“the 2010 Regulations ” means the Building and Approved Inspectors (Amendment) Regulations 2010 .
Transitional provisions: work already started before 1st October 2010
34
1
Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with —
a
a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations (notice of commencement and completion of certain stages of work);
b
an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act (variation of work to which initial notice relates);
c
a public body’s notice given in accordance with section 54 (giving, acceptance and effect of public body’s notice) of the Act,
the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.
2
Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.
3
Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.
Transitional provisions: work for which notification is not required
35
Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work, provided that the work is started before 6th April 2011.
Transitional provisions: notice given or plans deposited before 1st October 2010
36
1
Subject to paragraph (2), the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where —
a
before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body’s notice has been given to, or full plans deposited with, a local authority; and
b
the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,
provided that the work is started before 1st October 2011.
2
Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Approved Inspectors Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given, provided that the work is started before 1st October 2011.
Transitional and saving provisions: earlier Building Regulations
37
1
If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 8 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.
2
The provisions are:
regulation 9 of the Building (Approved Inspectors etc.) (Amendment) Regulations 2001 ;
regulations 3 and 4 of the Building (Approved Inspectors etc.) (Amendment) Regulations 2002 ;
regulations 29, 30 and 33 of the Building and Approved Inspectors (Amendment) Regulations 2006 in so far as they relate to the Approved Inspectors Regulations 2000;
regulation 4 of the Building and Approved Inspectors (Amendment) (No.2) Regulations 2006 in so far as it relates to the Approved Inspectors Regulations 2000;
regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 in so far as it relates to the Approved Inspectors Regulations 2000;
regulations 4 to 6 and 8 of the 2009 Regulations in so far as they relate to the Approved Inspectors Regulations 2000.
3
If immediately before 1st October 2010 regulation 32 of the Approved Inspectors Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 1 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.
Revocations and consequential amendments
38
1
The Regulations specified in the first column of the table in Schedule 8 are revoked to the extent specified in relation to each in the third column of that table.
2
Schedule 9, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 , has effect.
Signed by authority of the Secretary of State
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
6th September 2010