type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2009 and shall come into force on 20th April 2009.
2
In these Regulations —
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
“the 1995 Regulations ” means the Public Service Vehicles (Operators’ Licences) Regulations 1995 ;
“the principal Regulations ” means the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995 .
Amendments
2
1
The principal Regulations shall be amended as follows.
2
In regulation 2 (interpretation), the following definitions shall be inserted after the definition of the Public Service Vehicles (Operators’ Licences) Regulations 1995 —
”five yearly anniversary” means, where no notice of election in force, in relation to a licence, the date of expiry of a period of 5 years, beginning with the date of either the granting of the licence or the most recent 5th anniversary of that date, whichever is the later;
“notice of election” has the same meaning as in the 1995 Regulations and a reference to such a notice being in force shall be construed in accordance with those Regulations;
“one yearly anniversary” means, where a notice of election is in force, in relation to a licence, the date of expiry of a period of 1 year, beginning with the date of either the granting of the licence or the previous anniversary of that date, whichever is the later
.
3
In regulation 3, the following shall be substituted for paragraph 4 —
4
The period for which a fee is payable in relation to fee number (viA) is the period beginning on the date on which the disc comes into force and ending —
a
where a notice of election is in force, on the date of the next one yearly anniversary provided such date falls before 1 April 2010; or
b
where no notice of election is in force, on the date of the next five yearly anniversary provided such date falls before 1 April 2010; or
c
in any other case, ending on 31 March 2010.
.
4
In regulation 4, paragraph 4 shall be omitted.
5
The following substitutions shall be made in the Schedule —
a
in relation to fee number (i), “£235” for “£224”;
b
in relation to fee number (ii), “£155” for “£148”;
c
the entries relating to fee numbers (iii) and (iv) set out in the Schedule to these Regulations for the entries relating to those fee numbers;
d
in relation to fee number (v), “£119” for “£113”;
e
the entries relating to fee numbers (vi) and (viA) set out in the Schedule to these Regulations for the entry relating to fee number (vi);
f
in relation to fee numbers (vii) and (viii), respectively, “£61” for “£58”
g
in relation to fee number (ix), “£8” for “£15”.
6
Column 5 of the Schedule (relating to annual payments) shall be omitted.
Transitional provisions
3
1
Where a decision has been made before the coming into force of these Regulations on an application for the grant of a standard or restricted licence under section 14(1) of the 1981 Act , the fee prescribed in the principal Regulations immediately before the coming into force of these Regulations applies.
2
Where, immediately before the coming into force of these Regulations, the fee for the grant of a standard or restricted licence, or for its continuation, was payable in instalments, pursuant to regulation 3(4) of the principal Regulations as they had effect at that time, a final instalment calculated in accordance with paragraph (3) will be payable on the next one yearly anniversary.
3
The fee payable under paragraph (2) shall be of an amount equal to £1 per month or part thereof for the period beginning on the first day of the month in which the one yearly anniversary falls and ending on 31 March 2010.
4
Where fee number (vi) was payable by the licence holder in instalments by virtue of regulation 3(4) of the principal Regulations as they had effect immediately before the coming into force of these Regulations, a final instalment calculated in accordance with paragraph (5) will be payable on the next one yearly anniversary of the licence in respect of which the relevant disc is granted.
5
The fee payable under paragraph (4) shall be of an amount equal to £3 per month or part thereof beginning on the date on which the disc comes into force and ending on 31 March 2010.
Abolition of fees for the grant or continuation of operator licences and the issue of discs
4
On 1 April 2010, the Schedule to the principal Regulations shall be further amended by the omission of fee numbers (iii), (iv), (vi) and (viA).
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
25th March 2009


text:
PART 1 Introduction
Citation, commencement and application
1
1
These Regulations may be cited as the Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009 and come into force on 12th October 2009.
2
These Regulations apply to England only.
PART 2 Establishments and agencies - children
Amendment to the Adoption Agencies Regulations 2005
2
1
The Adoption Agencies Regulations 2005 are amended as follows.
2
For paragraph (1) of regulation 23 (requirement to carry out police checks) substitute —
1
In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, an adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).
.
Amendment to the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
3
1
The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 are amended as follows.
2
For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or to work for the purposes of an agency) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 , an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendment to the Children’s Homes Regulations 2001
4
1
The Children’s Homes Regulations 2001 are amended as follows.
2
For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendments to the Fostering Services Regulations 2002
5
1
The Fostering Services Regulations 2002 are amended as follows.
2
For paragraph 2 of Schedule 1 (information required in respect of person seeking to carry on, manage or work for the purposes of a fostering service) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a standard criminal record certificate issued under section 113A of the Police Act 1997.
.
3
For paragraph 13 of Schedule 3 (information about a prospective foster parent and other members of the household) substitute —
13
In relation to the prospective foster parent and any other member of his household who is aged 18 or over, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).
.
Amendment to the Local Authority Adoption Service (England) Regulations 2003
6
1
The Local Authority Adoption Service (England) Regulations 2003 are amended as follows.
2
For paragraph 2 of Schedule 3 (information required in respect of persons seeking to manage or work for the purposes of the adoption service) substitute —
2
Either —
a
where the certificate is required for a position that falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendment to the Residential Family Centres Regulations 2002
7
1
The Residential Family Centres Regulations 2002 are amended as follows.
2
For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a residential family centre) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
PART 3 Services and facilities – adult social care and health
Amendments to the Adult Placement Schemes (England) Regulations 2004
8
1
The Adult Placement Schemes (England) Regulations 2004 are amended as follows.
2
For paragraph 2 of Schedule 2 (information and documents in respect of persons providing, managing or working for the purposes of a scheme (excluding adult placement carers)) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
3
For paragraph 2 of Schedule 3 (information and documents in respect of adult placement carers), substitute —
2
Either —
a
where the certificate is required for assessing the fitness of a person to be an adult placement carer and the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendments to the Care Homes Regulations 2001
9
1
The Care Homes Regulations 2001 are amended as follows.
2
In regulation 19 (fitness of workers) —
a
in paragraph (4A), for the words “a criminal record certificate pursuant to section 113 of the 1997 Act, or an enhanced criminal record certificate pursuant to section 115 of that Act” substitute “an enhanced criminal record certificate pursuant to section 113B of the 1997 Act”;
b
omit paragraph (7) ; and
c
for paragraph (10), substitute —
10
The conditions are —
a
the new worker will not be engaging in regulated activity relating to children;
b
an enhanced criminal record certificate has been applied for in respect of the new worker pursuant to section 113B of the 1997 Act; and
c
notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).
.
3
For paragraph 7 of Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home) substitute —
7
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) and, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendments to the Domiciliary Care Agencies Regulations 2002
10
1
The Domiciliary Care Agencies Regulations 2002 are amended as follows.
2
In regulation 12 (fitness of domiciliary care workers supplied by an agency) —
a
in paragraph (1), omit “(4)”;
b
omit paragraphs (3) and (4); and
c
for paragraph (6), substitute —
6
The conditions are —
a
the new worker will not be engaging in regulated activity relating to children;
b
an enhanced criminal record certificate has been applied for in respect of the new worker pursuant to pursuant to section 113B of the 1997 Act; and
c
notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).
.
3
For paragraph 2 of Schedule 2 (information required in respect of registered providers and managers of an agency) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
4
For paragraph 13 of Schedule 3 (information required in respect of domiciliary care workers), substitute —
13
Either —
a
where the certificate is required for assessing the fitness of a domiciliary care worker and the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) and, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act); or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendments to the Nurses Agencies Regulations 2002
11
1
The Nurses Agencies Regulations 2002 are amended as follows.
2
In regulation 12 (fitness of nurses supplied by an agency) —
a
omit paragraphs (5) and (6); and
b
for paragraph (8), substitute —
8
The conditions are —
a
the nurse will not be engaging in regulated activity relating to children;
b
an enhanced criminal record certificate has been applied for in respect of the nurse pursuant to section 113B of the 1997 Act; and
c
notification has been received under section 113E(4)(a) of the 1997 Act that the new worker is not included on a specified adults’ list (within the meaning of section 113E of that Act).
.
3
in paragraph (9)(i), for “a criminal record certificate” and a “full criminal record certificate” substitute “an enhanced criminal record certificate”.
4
For paragraph 2 of Schedule 2 (information required in respect of registered providers and managers of an agency and nurses responsible for selecting nurses from supply to service users) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
5
For paragraph 13 of Schedule 3 (information required in respect of nurses to be supplied by an agency), substitute —
13
Either —
a
where the certificate is required for assessing the fitness of a nurse to be supplied by an agency and the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
Amendment to the Private and Voluntary Health Care (England) Regulations 2001
12
1
The Private and Voluntary Health Care (England) Regulations 2001 are amended as follows.
2
For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at an establishment) substitute —
2
Either —
a
where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to adults (within the meaning of sections 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act or both; or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
PART 4 General
Amendments to the National Care Standards Commission (Registration) Regulations 2001
13
1
The National Care Standards Commission (Registration) Regulations 2001 are amended as follows.
2
For paragraph 4 of Schedule 2 (documents to be supplied on an application for registration as a person who carried on an establishment or agency) substitute —
4
In relation to the responsible person —
a
an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; and
b
the application for that certificate which was signed by the registration authority.
.
3
For sub-paragraph (2) of paragraph 10 of Schedule 2 substitute —
2
The following documents are specified —
a
where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; or
b
in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.
.
4
Omit paragraph 12 of Schedule 3.
5
For paragraph 13 of Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency) substitute —
13
1
An enhanced criminal record certificate issued under section 113B of the Police Act 1997 and, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; and
2
the application for that certificate which was signed by the registration authority.
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
15th July 2009


text:
PART 1 Introduction
Citation, commencement and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 and comes into force on 12th October 2009.
2
In this Order —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 1999 Act ” means the Protection of Children Act 1999 ;
“the 2000 Act ” means the Care Standards Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“relevant person” means a person who immediately before the relevant day —
is engaging in regulated activity with the permission of a regulated activity provider, and
is not included in the list kept under section 1 of the 1999 Act or the list kept under section 81 of the 2000 Act, subject to a direction under section 142 of the 2002 Act or barred from regulated activity;
“relevant day” means the first day on which a person may make a monitoring application;
“the first transitional period” means the period starting on the day on which this Order comes into force and ending immediately before the relevant day;
“the second transitional period” means the period starting on the relevant day and ending on the day on which Schedule 10 to the Act comes into force in relation to the 1999 Act, the 2000 Act and the 2002 Act for all purposes;
“the third transitional period” means the period starting on the day on which this Order comes into force and ending on the day on which section 24 of the Act comes into force in relation to relevant persons.
Provisions coming into force on 12th October 2009
2
12th October 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
paragraph 14 of Schedule 9, in relation to England and Wales;
b
Schedule 10 in so far as it relates to the repeal of sections 113C, 113D and 113F of the Police Act 1997 ;
c
section 63 in so far as it relates to the provisions specified in paragraphs (a) and (b).
Revocations
3
The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 is revoked.
PART 2 Provisions applying during the first transitional period
Transitional modifications applying during the first transitional period
4
Articles 5 to 9 apply during the first transitional period.
Modification to section 113BA of the Police Act 1997
5
1
Section 113BA of the Police Act 1997 has effect subject to the following modification.
2
For subsection (2) substitute —
2
Suitability information relating to children is whether the applicant —
a
is provisionally included in the list kept under section 1 of the Protection of Children Act 1999;
b
is included in the list kept under section 1 of the Protection of Children Act 1999 otherwise than provisionally and disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000 or is barred from regulated activity relating to children;
c
is subject to a direction made under section 142 of the Education Act 2002.
2A
If the applicant is provisionally included in the list kept under section 1 of the Protection of Children Act 1999, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of that Act.
2B
If the applicant is subject to a direction made under section 142 of the Education Act 2002, the suitability information includes —
a
details of any prohibition or restriction on the applicant’s employment;
b
the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.
2C
In subsection (2A), “childcare position” and “childcare organisation” have the same meanings as in section 12 of the Protection of Children Act 1999.
.
Modification to section 113BB of the Police Act 1997
6
1
Section 113BB of the Police Act 1997 has effect subject to the following modification.
2
For subsection (2) substitute —
2
Suitability information relating to vulnerable adults is whether the applicant —
a
is provisionally included in the list kept under section 81 of the Care Standards Act 2000;
b
is included in the list kept under section 81 of the Care Standards Act 2000 otherwise than provisionally and prohibited from working in a care position or is barred from regulated activity relating to vulnerable adults.
2A
If the applicant is provisionally included in the list kept under section 81 of the Care Standards Act 2000, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position.
2B
In subsection (2), “care position” has the same meaning as in Part 7 of the Care Standards Act 2000.
.
Modification to section 119 of the Police Act 1997
7
1
Section 119 of the Police Act 1997 has effect subject to the following modification.
2
In subsection (1A), for “a list mentioned in section 113C(3) or 113D(3) above” substitute “the list kept under section 1 of the Protection of Children Act 1999 or the list kept under section 81 of the Care Standards Act 2000 or maintains a list under section 2 of the Safeguarding Vulnerable Groups Act 2006”.
Modification to section 120A of the Police Act 1997
8
1
Section 120A of the Police Act 1997 has effect subject to the following modification.
2
In subsection (3)(b), for “mentioned in section 113C(3) or 113D(3)” substitute “kept under section 1 of the Protection of Children Act 1999 or section 81 of the Care Standards Act 2000 or maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006”.
Modifications to Schedule 3 to the Safeguarding Vulnerable Groups Act 2006
9
1
Schedule 3 to the Act has effect subject to the following modifications.
2
In paragraph 1, for sub-paragraphs (2) and (3) substitute —
2
If IBB is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.
.
3
In paragraph 2, for sub-paragraphs (2) and (3) substitute —
2
If IBB is satisfied that this paragraph applies to the person, it must —
a
include the person in the children’s barred list;
b
give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.
.
4
In paragraph 7, for sub-paragraphs (2) and (3) substitute —
2
If IBB is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.
.
5
In paragraph 8, for sub-paragraphs (2) and (3) substitute —
2
If IBB is satisfied that this paragraph applies to the person, it must —
a
include the person in the adults’ barred list;
b
give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.
.
PART 3 Provisions applying during the second transitional period
Transitional modifications applying during the second transitional period
10
Articles 11 and 12 apply during the second transitional period.
Modification to section 113BA of the Police Act 1997
11
1
Section 113BA of the Police Act 1997 has effect subject to the following modification.
2
For subsection (2) substitute —
2
Suitability information relating to children is —
a
whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999;
b
whether the applicant is subject to a direction made under section 142 of the Education Act 2002;
c
whether the applicant is barred from regulated activity relating to children;
d
if the applicant is barred from such regulated activity, such details as are prescribed of the circumstances in which he became barred;
e
whether the applicant is subject to monitoring in relation to regulated activity relating to children;
f
whether the Independent Barring Board is considering whether to include the applicant in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the 2006 Act.
2A
If the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, the suitability information includes whether the inclusion is provisional and —
a
if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of that Act;
b
if it is not provisional, the fact that the applicant is disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000.
2B
If the applicant is subject to a direction made under section 142 of the Education Act 2002, the suitability information includes —
a
details of any prohibition or restriction on the applicant’s employment;
b
the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.
2C
In subsection (2A), “childcare position” and “childcare organisation” have the same meanings as in section 12 of the Protection of Children Act 1999.
.
Modification to section 113BB of the Police Act 1997
12
1
Section 113BB of the Police Act 1997 has effect subject to the following modification.
2
For subsection (2) substitute —
2
Suitability information relating to vulnerable adults is —
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000;
b
whether the applicant is barred from regulated activity relating to vulnerable adults;
c
if the applicant is barred from such regulated activity, such details as are prescribed of the circumstances in which he became barred;
d
whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults;
e
whether the Independent Barring Board is considering whether into include the applicant in the adults’ barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the 2006 Act.
2A
If the applicant is included in the list kept under section 81 of the Care Standards Act 2000, the suitability information includes whether the inclusion is provisional and —
a
if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position;
b
if it is not provisional, the fact that the applicant is prohibited from working in a care position.
2B
In subsection (2A), “care position” has the same meaning as in Part 7 of the Care Standards Act 2000.
.
PART 4 Provisions applying during the first and second transitional periods
Transitional modifications and provisions applying during the first and second transitional periods
13
Articles 14 to 18 apply during the first and second transitional periods.
Modifications to section 113E of the Police Act 1997
14
1
Section 113E of the Police Act 1997 has effect subject to the following modifications.
2
In subsection (3) —
a
the words “113A or” must be ignored;
b
for paragraph (a), substitute “it is made in a case prescribed under section 113BB(1)” .
3
In subsection (5) the definitions of “children’s suitability statement”, “specified children’s direction”, “specified children’s list”, “adults’ suitability statement” and “specified adults’ list” must be ignored.
4
After subsection (5) insert —
5A
For the purposes of this section each of the following is a specified adults’ list —
a
the list kept under section 81 of the Care Standards Act 2000;
b
the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006;
c
the adults’ barred list maintained under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 .
.
Modification to section 116 of the Police Act 1997
15
1
Section 116 of the Police Act 1997 has effect subject to the following modification .
2
For subsection (3) substitute —
3
Section 113B(3) to (11) and sections 113BA, 113BB and 113E, as modified by the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009, shall apply in relation to this section with any necessary further modifications.
.
Teachers’ pensions – entitlement to payment of retirement benefits
16
1
The Teachers’ Pensions Regulations 1997 (“the 1997 Regulations ”) have effect subject to the following modifications.
2
In regulation E4 a person also falls within Case C if the requirements of paragraph (4)(a) to (d) of that regulation are met and —
a
the Secretary of State has notified the person in writing that the requirements specified in paragraphs (3) and (4) below are met, or
b
the requirement specified in paragraph (7) below is met.
3
The requirement is that IBB has not included, and is not considering including, the person in a barred list.
4
The requirement is that neither the General Teaching Council for England nor the General Teaching Council for Wales has made a prohibition order in relation to the person on the grounds —
a
of unacceptable professional conduct, or
b
that the person has been convicted (at any time) of a relevant offence.
5
The General Teaching Council for England and the General Teaching Council for Wales must, at the request of the Secretary of State, inform the Secretary of State whether they have made a prohibition order in relation to a particular person on the grounds —
a
of unacceptable professional conduct, or
b
that the person has been convicted (at any time) of a relevant offence.
6
In paragraphs (4) and (5) “unacceptable professional conduct”, “relevant offence” and “prohibition order” have the same meaning as in Schedule 2 to the Teaching and Higher Education Act 1998.
7
The requirement is that IBB has included, or is considering including, the person in a barred list but the Secretary of State is satisfied that there are exceptional circumstances relating to the person which make it appropriate that the person should fall within Case C.
8
Accordingly, where a person falls within Case C in accordance with this article the entitlement takes effect —
a
where, immediately before the person became incapacitated the person was in excluded employment, on the day after the last day of the person’s excluded employment; and
b
in any other case, as soon as the person falls within the Case or as soon as the person would have fallen within the Case had there not been a requirement that the Secretary of State notify that person that the requirements specified in paragraphs (3) and (4) are met,
or (in all cases), if later, 6 months before the date of the last of any medical reports considered by the Secretary of State in determining under regulation H9 of the 1997 Regulations that the person had become incapacitated.
9
In paragraph (8) “excluded employment” has the same meaning as in the 1997 Regulations.
Modifications to the General Teaching Council for England (Disciplinary Functions) Regulations 2001
17
1
The General Teaching Council for England (Disciplinary Functions) Regulations 2001 have effect subject to the following modifications.
2
In regulation 9 —
a
after paragraph (1)(b) insert —
; or
ba
the Independent Barring Board, established under section 1 of the Safeguarding Vulnerable Groups Act 2006 (“IBB”) has included, or is considering whether to include, a registered teacher in either of the barred lists maintained under section 2 of that Act
;
b
for paragraph (3), substitute —
3
Where the Council is in receipt of documents concerning a registered teacher in which a relevant issue arises the Council shall refer those documents —
a
where paragraph (1)(b) applies, to the Secretary of State for his consideration;
b
where paragraph (1)(ba) applies, to IBB.
.
c
for paragraph (4), substitute —
4
Where a Committee is considering allegations of unacceptable professional conduct or serious professional incompetence against a registered teacher or that he has been convicted of a relevant offence and a relevant issue arises, the Committee shall refer those allegations, or if the relevant issue forms part of a wholly separate allegation, that allegation, and all relevant documents or copies of documents —
a
where paragraph (1)(b) applies, to the Secretary of State for his consideration;
b
where paragraph (1)(ba) applies, to IBB.
.
d
for paragraph (5), substitute —
5
Where a prohibition order is made in relation to a person on grounds of unacceptable professional conduct or a conviction for a relevant offence the Council shall refer the case and copies of all relevant documents —
a
where paragraph (1)(b) applies, to the Secretary of State for him to consider the further exercise of his own powers;
b
where paragraph (1)(ba) applies, to IBB.
.
Power of Secretary of State to refer to IBB
18
1
The Secretary of State may refer a person (X) to IBB if each of the following conditions is satisfied in relation to X.
2
The first condition is that information relating to X has been provided to the Secretary of State or the Welsh Ministers in accordance with a provision specified in paragraph (5).
3
The second condition is that the Secretary of State has sent a notice to X inviting X to make representations as to why X should not be made subject to a direction under section 142 of the Education Act 2002.
4
The third condition is that the Secretary of State has not made a direction under that section in relation to X.
5
The provisions are —
a
regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 2003 ;
b
regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003 .
PART 5 Further Transitional Provisions
Transitional provisions relating to the provision of information
19
1
Article 20 applies from the coming into force of this Order until the end of the first transitional period.
2
Article 21 applies from the coming into force of this Order until the end of the second transitional period or the third transitional period, whichever is the later.
3
Article 22 applies from the coming into force of this Order until the end of the third transitional period.
Information provided to IBB
20
A person who holds records of convictions or cautions for the use of police forces generally must make those records available to IBB.
Information provided by IBB
21
1
IBB may provide to either of the persons specified in paragraph (2) any information specified in paragraph (3).
2
The persons are —
a
the Secretary of State for the purposes of his functions under the Teachers’ Pensions Regulations 1997, Part 5 of the Police Act 1997 and article 22;
b
the Scottish Ministers for the purposes of their functions under Part 5 of the Police Act 1997.
3
The information is —
a
information provided to IBB under paragraph 20 of Schedule 3 to the Act;
b
the fact that a person is included in a barred list;
c
the fact that IBB is considering including a person in a barred list;
d
the personal details of any person referred to in sub-paragraph (b) or (c);
4
In paragraph (3) “personal details” includes the name (including any former name or alias), address, gender and date of birth of a person together with such further details as IBB considers are necessary to identify the person in question.
5
IBB may, at the request of a person (X) who meets the requirement specified in paragraph (7), inform that person whether a person (Y) falls within paragraph (6).
6
Y falls within this paragraph if Y is —
a
included in the list kept under section 1 of the 1999 Act;
b
included in the list kept under section 81 of the 2000 Act;
c
subject to a direction under section 142 of the 2002 Act;
d
included in a barred list.
7
The requirement is that X satisfies IBB that X has a legitimate interest in knowing whether Y falls within paragraph (6).
8
If IBB —
a
knows or thinks that a person appears in the register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 , and
b
becomes aware of relevant information relating to that person,
it must provide that information to the General Teaching Council for England or General Teaching Council for Wales , as the case may be.
9
In paragraph (8) “relevant information” is information which —
a
relates to the protection of children or vulnerable adults in general, or
b
is relevant to the exercise of any function of the General Teaching Council for England or the General Teaching Council for Wales,
and includes information specified in paragraph (3).
Information provided by the Secretary of State
22
1
The Secretary of State may, at the request of a person (X) who meets the requirement specified in paragraph (2), inform that person whether a person (Y) falls within article 21(6).
2
The requirement is that X satisfies the Secretary of State that X has a legitimate interest in knowing whether Y falls within article 21(6).
Relevant conduct engaged in before the repeal of sections 28 to 29A of the Criminal Justice and Court Services Act 2000
23
1
In relation to conduct engaged in during the relevant period, paragraph 3(4) of Schedule 3 to the Act has effect as if the words “before the commencement of section 2” were omitted.
2
“Relevant period” means the period —
a
starting on the day on which this Order comes into force, and
b
ending with the coming into force of the repeal by the Act of sections 28 to 29A of the Criminal Justice and Court Services Act 2000 .
PART 6 Prescribed Criteria
Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009
24
1
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 are amended as follows.
2
In Part 1 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations) insert the following entries at the appropriate place —
Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape
Theft Act (Northern Ireland) 1969, section 9 The offence was committed with intent to commit rape
3
In Part 2 of the table in paragraph 2 of the Schedule —
a
omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”;
b
insert the following entry at the appropriate place —
Sexual Offences (Scotland) Act 1976, section 3
.
4
In Part 1 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations) insert the following entries at the appropriate place —
Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape
Theft Act (Northern Ireland) 1969, section 9 The offence was committed with intent to commit rape
5
In Part 2 of the table in paragraph 4 of the Schedule —
a
omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”;
b
insert the following entry at the appropriate place —
Sexual Offences (Scotland) Act 1976, section 3
.
PART 7 Provisions relating to Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
Regulated activity relating to Children
Definition of relevant child care premises
25
1
Paragraph 3 of Schedule 4 to the Act is amended as follows.
2
In sub-paragraph (2)(c), after “any form of” insert “child minding or”.
3
After sub-paragraph 3(2) insert —
3
But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.
4
For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.
5
“Parental responsibility” has the same meaning as in the Children Act 1989.
.
Office holders and other amendments to paragraph 4 of Schedule 4 to the Act
26
1
Paragraph 4 of Schedule 4 to the Act is amended as follows.
2
In sub-paragraph (1)(a), after “member of” insert “or clerk to”.
3
In sub-paragraph (1), after paragraph (a) insert —
aa
person appointed by the governing body of a maintained school to serve on a committee established by that body;
ab
chief executive of a local authority that has any education functions or social services functions;
.
4
In sub-paragraph (1), after paragraph (o) insert —
p
an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to children;
q
a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);
r
Children’s Rights Director appointed under section 120 of the Education and Inspections Act 2006 and a person whose duties consist wholly or mainly of assisting the Director in the exercise of the Director’s functions.
.
5
After sub-paragraph (1) insert —
1A
For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if —
a
the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or
b
the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).
1B
For the purposes of sub-paragraph (1)(p) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.
.
6
In sub-paragraph (7), after the definition of “local authority” insert —
“maintained school” has the same meaning as in section 39 of the Education Act
2002;
.
PART 8 Provisions relating to Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
Regulated activity relating to vulnerable adults
Office holders and other amendments to paragraph 8 of Schedule 4 to the Act
27
1
Paragraph 8 of Schedule 4 is amended as follows.
2
In sub-paragraph (1), after paragraph (a) insert —
aa
chief executive of a local authority that has any social services functions;
.
3
In sub-paragraph (1), after paragraph (f) insert —
g
an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to vulnerable adults;
.
4
After sub-paragraph (2) insert —
2A
For the purposes of sub-paragraph (1)(g) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.
.
PART 9 Miscellaneous
Controlled activity relating to children
28
In section 21(10) of the Act, after paragraph (e) insert —
ea
for, or on behalf of, the Welsh Ministers in the exercise of their functions under Part 10A , 11 or 12 of the Children Act 1989, Part 1, 2 or 3 of the Care Standards Act 2000 or section 15 of the Adoption and Children Act 2002 ;
.
Inspection of independent schools in England by approved bodies
29
In relation to times before the coming into force of section 106 of the Education and Skills Act 2008 , paragraph 1(10)(c) of Schedule 4 to the Act has effect as if after “in pursuance of” there were inserted “section 162A(1)(b) or”.
References in the Act to the National Assembly for Wales
30
In the following provisions of the Act, for “National Assembly for Wales” substitute “Welsh Ministers” —
a
section 21(6)(d) and (10)(c),
b
section 45(7)(b) and (e), and
c
paragraphs 1(10)(g), 1(11)(b) and 7(6)(c) of Schedule 4.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st October 2009


text:
PART 1 INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Criminal Defence Service (Contribution Orders) Regulations 2009 and come into force —
a
in relation to any magistrates’ court in any of the local justice areas listed in the first part of the table in Schedule 1 to these Regulations, on 11th January 2010; and
b
in relation to any other magistrates’ court in any of the courts board areas listed —
i
in the second part of that table, on 12th April 2010;
ii
in the third part of that table, on 26th April 2010;
iii
in the fourth part of that table, on 10th May 2010;
iv
in the fifth part of that table, on 17th May 2010;
v
in the sixth part of that table, on 24th May 2010;
vi
in the seventh part of that table, on 14th June 2010;
vii
in the eighth part of that table, on 28th June 2010.
2
These Regulations apply only to an application for a representation order or a notice of appeal which is received by a magistrates’ court on or after the date on which these Regulations come into force in relation to that court.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Access to Justice Act 1999;
“capital contribution order” means a contribution order based on an individual’s capital;
“child care costs” means the costs of care which is provided by one or more of the following care providers —
a school on school premises, out of school hours;
a local authority, out of school hours —
for children who are not disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 15th birthday;
for children who are disabled, in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September following their 16th birthday;
a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999 ;
persons registered under Part 3 of the Childcare Act 2006 or Part XA of the Children Act 1989 ;
persons referred to in paragraph 1 or 2 of Schedule 9A to the Children Act 1989, in schools or establishments referred to in those paragraphs;
persons prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act 2002 ;
other than costs paid in respect of the child’s compulsory education or by the individual to his partner (or vice versa) in respect of —
any child for whom either or both of them is or are responsible in accordance with regulation 10 of the Council Tax Benefit Regulations 2006 , or
care provided by a relative of the child wholly or mainly in the child’s home;
and in this definition “relative” means a grandparent, brother, sister, aunt, uncle or first cousin, whether of the full blood or half blood or by marriage or civil partnership;
“the Commission” means the Legal Services Commission established under section 1 of the Act;
“disposable capital” means the capital of the individual, calculated in accordance with regulations 13 to 18;
“gross annual income” means total annual income, as at the date of the application for a representation order, from all sources, other than the receipt of any of the following —
any of the following payments made under the Social Security Contributions and Benefits Act 1992 —
attendance allowance paid under section 64;
severe disablement allowance;
carer’s allowance;
disability living allowance;
constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;
housing benefit;
council tax benefit;
any payment made out of the social fund;
any direct payments made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 ;
any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983 ;
any pensions paid under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 ;
any Independent Living Funds payments;
any financial support paid under an agreement for the care of a foster child;
any reasonable living expenses provided for as an exception to a restraint order under section 41 of the Proceeds of Crime Act 2002 ;
“income contribution order” means a contribution order based on an individual’s income;
“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund, the Independent Living (1993) Fund and the Independent Living Fund (2006);
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“partner” means a person with whom the individual lives as a couple, and includes a person with whom the individual is not currently living but from whom the individual is not living separate and apart;
“period of calculation” means the period of one year ending on the date on which an application for a representation order is made;
“qualifying benefit” means —
income support;
income-based jobseeker’s allowance;
guarantee credit under section 1(3)(a) of the State Pension Credit Act 2002 ;
income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 .
“representation order” means a document granting a right to representation under section 14 of the Act.
2
In these Regulations “assessing authority” means the Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the Act, has delegated its functions under section 17A of the Act , and there may be a different assessing authority for different functions.
3
Subject to the proviso in regulation 25(1), in these Regulations a reference to the financial resources, income or financial circumstances of the individual includes a reference to the financial resources, income or financial circumstances of the individual’s partner.
Relevant authority
3
The relevant authority for the purposes of section 17A of the Act is the assessing authority.
PART 2 CROWN COURT TRIALS
Application of this Part
4
This Part applies to criminal proceedings —
a
in respect of an offence for which an individual may be, or has been, committed or sent by a magistrates’ court for trial at the Crown Court;
b
which may be, or have been, transferred from a magistrates’ court for trial at the Crown Court;
c
in respect of which a bill of indictment has been preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 ; or
d
which are to be heard in the Crown Court following an order by the Court of Appeal for a retrial.
Evidence of financial resources
5
1
Where an individual applies for a representation order for proceedings to which this Part applies , the individual must provide the assessing authority with the information necessary to enable it to calculate the individual’s income and capital in accordance with these Regulations for the purpose of determining the individual’s liability to a contribution order.
2
The information is —
a
the individual’s name, address, date of birth and National Insurance number;
b
whether the individual has a partner and, if so, whether the partner has a contrary interest in the proceedings;
c
whether the individual has children living in the individual’s household and, if so, their ages;
d
whether the individual is in receipt of a qualifying benefit and, if so, which one;
e
the individual’s gross annual income;
f
details of any of the matters specified in regulation 8(5);
g
whether the individual has capital, within the meaning of regulation 12(3), and if so, what capital;
h
details of the individual’s preferred method of payment, should the individual be liable to make payments under a contribution order.
3
The individual must, within 14 days of the later of the grant of the representation order and the committal or sending of the individual to the Crown Court, the transfer of the proceedings to the Crown Court or the preferring of the bill of indictment, provide the assessing authority with documentary evidence for the purpose of determining the individual’s liability to a contribution order.
4
The assessing authority may, where the individual fails to comply with paragraph (3), require the individual to provide the documentary evidence within 7 days of the date of the request.
5
The assessing authority may at any time require the individual to provide further information or documentary evidence for the purpose of determining the individual’s liability to a contribution order.
Assessment by assessing authority
6
1
Where an individual applies for a representation order, the assessing authority must assess whether the financial resources of the individual are such that the individual is liable to make payments under an income contribution order.
2
Before making an income contribution order the assessing authority must, where practicable, notify the individual of the amount for which the individual is likely to be liable under such an order.
Individuals not liable to contribution orders
7
1
An individual is not liable to a contribution order where —
a
the individual is under the age of 18 at the date of the application for a representation order; or
b
the assessing authority is satisfied that the individual is, directly or indirectly, properly in receipt of a qualifying benefit.
2
The assessing authority must notify an individual to whom this regulation applies that the individual is not liable to a contribution order.
Calculation of income and liability to income contribution order
8
1
Except where regulation 7(1) applies, the assessing authority must calculate the gross annual income of the individual and, where the individual has a partner or has children living in the individual’s household, must divide the total according to the scale set out in Schedule 2.
2
The individual is not liable to make payments under an income contribution order if the gross annual income, as adjusted under paragraph (1), is £12,475 or less.
3
The assessing authority must notify an individual who is not liable to make payments under an income contribution order under paragraph (2) that the individual is not so liable but may be liable to make payments under a capital contribution order if regulation 19 applies.
4
Where the gross annual income, as adjusted under paragraph (1), exceeds £12,475, the assessing authority must calculate the individual’s annual disposable income in accordance with paragraph (5).
5
There are to be deducted from the individual’s gross annual income (without adjustment under paragraph (1)) —
a
any income tax paid or payable in respect of the period of calculation;
b
any contributions estimated to have been paid under Part 1 of the Social Security Contributions and Benefits Act 1992, in respect of the period of calculation;
c
any council tax paid or payable in respect of the period of calculation;
d
either —
i
any annual rent or annual payment (whether of interest or capital) in respect of a mortgage debt or hereditable security, payable by the individual in respect of the individual’s only or main dwelling, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or
ii
the annual cost of the individual’s living accommodation;
e
any child care costs paid or payable in respect of the period of calculation;
f
if the individual is making payments for the maintenance of a former partner or of a child or a relative who is not (in such case) a member of the individual’s household, the amount, where reasonable, of such payments paid or payable in respect of the period of calculation; and in this sub-paragraph “relative” means a parent, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece or first cousin, whether of the full blood or half blood or by marriage or civil partnership;
g
an amount representing cost of living expenses in respect of the period of calculation, being either —
i
£5,676; or
ii
if the individual has a partner or has children living in the individual’s household, an amount calculated in accordance with the scale set out in Schedule 2;
h
any income with which the individual is restrained from dealing by order of the High Court or Crown Court;
i
any amounts due under a contribution order in other proceedings.
6
The individual is not liable to make payments under an income contribution order if the annual disposable income is £3,398 or less.
7
The assessing authority must notify an individual who is not liable to make payments under an income contribution order under paragraph (6) that the individual is not so liable but may be liable to make payments under a capital contribution order if regulation 19 applies.
8
The assessing authority must make an order requiring the individual to make payments under an income contribution order if the individual’s annual disposable income exceeds £3,398.
9
Where regulation 4(a), (b) or (c) applies, an order under paragraph (8) may not be made until the individual has been committed or sent to the Crown Court, the proceedings have been transferred to the Crown Court or the bill of indictment has been preferred, as the case may be.
10
Where —
a
the individual, without reasonable excuse, fails to comply with a request under regulation 5(4) in relation to income, and
b
the assessing authority has reason to believe that the individual’s disposable income exceeds £3,398,
the assessing authority must make an order requiring the individual to make payments under an income contribution order.
11
The assessing authority must notify an individual who is liable to make payments under an income contribution order under paragraph (8) or (10) that the individual may also be liable to make payments under a capital contribution order if regulation 19 applies.
Amount payable under income contribution order
9
1
Subject to paragraphs (2) to (7), the income contribution order is to be for six monthly payments of one twelfth of 90 per cent of the individual’s annual disposable income as determined under regulation 8(4) and (5).
2
Where the individual is liable under regulation 8(10), the order is to be for six monthly payments of —
a
the higher of £900 and one twelfth of the individual’s annual disposable income, where the assessing authority is able to determine it under regulation 8(4) and (5); or
b
£900, where the assessing authority is unable so to determine it.
3
Where —
a
paragraph (1) or (2) applies, and
b
the individual makes the first five required payments on or before the due date,
the individual is not liable to make the sixth payment under the income contribution order.
4
The amount payable under an income contribution order is not to exceed the specified amount for the class within which the offence with which the individual was charged falls (regardless of the classification of the offences charged in the indictment).
5
Where the individual is charged with offences falling within more than one class, the relevant class shall be that for which the specified amount is the higher or highest.
6
The classes and offences which fall within them are those listed in the Table of Offences in Part 6 of Schedule 1 to the Criminal Defence Service (Funding) Order 2007 .
7
The specified amounts are —
a
Class A: homicide and related grave offences - £185,806;
b
Class B: offences involving serious violence or damage, and serious drugs offences - £29,453;
c
Class C: lesser offences involving violence or damage, and less serious drugs offences - £7,970;
d
Class D: sexual offences and offences against children - £13,776;
e
Class E: burglary etc. - £6,731;
f
Class F: other offences of dishonesty (specified offences and offences where the value is £30,000 or less) - £6,754;
g
Class G: other offences of dishonesty (specified offences and offences where the value involved exceeds £30,000 but does not exceed £100,000) - £117,368;
h
Class H: miscellaneous other offences - £7,427;
i
Class I: offences against public justice and similar offences - £28,023;
j
Class J: serious sexual offences - £17,892;
k
Class K: other offences of dishonesty (high value) (where the value involved exceeds £100,000) - £153,039.
Contents of income contribution order and payment
10
1
An income contribution order must state —
a
the amount payable under the order;
b
the date of the first payment;
c
the remedies available to the Commission as a creditor if a payment is not made by a due date;
d
that if a payment is not made by the due date compound interest at the rate of 6% a year with half-yearly rests may be added to that payment from that date;
e
the individual’s duty under regulation 27 and right under regulation 29.
2
Payments under an income contribution order must be made to the Commission.
Assessment on conclusion of proceedings
11
Where —
a
the individual is convicted of any offence by the Crown Court,
b
the trial judge considers that there are exceptional reasons why an individual who is acquitted by the Crown Court should be liable to make payments under a contribution order, or
c
the representation order is withdrawn,
the assessing authority shall determine the cost of representation of the individual in the proceedings in the Crown Court.
Assessment of capital
12
1
Where —
a
the cost of representation as determined under regulation 11 exceeds the amount of any payments made by the individual under an income contribution order, or
b
no income contribution order has been made,
the assessing authority shall assess the individual’s disposable capital.
2
Regulations 13 to 18 apply where the assessing authority is making such an assessment.
3
In this regulation and in regulations 13 to 19 “capital” means —
a
any interest in real property;
b
money in a bank or building society account;
c
money in a National Savings Bank account;
d
national savings certificates;
e
Premium Savings Bonds;
f
property in an account to which the Individual Savings Account Regulations 1998 apply;
g
property in a personal equity plan;
h
property in a unit trust scheme;
i
any other lump sum investment;
j
shares and stock.
13
The assessing authority shall include the amount or value of every resource of a capital nature belonging to the individual at the date of the application for a representation order, except where it would be impracticable or unreasonable to do so.
14
In so far as any resource of a capital nature does not consist of money, its value shall be taken to be —
a
the amount which that resource would realise if sold; or
b
the value assessed in such other manner as appears to the assessing authority to be equitable.
15
Where the individual owns an interest in a resource of a capital nature jointly or in common with any other person (other than the individual’s partner), the assessing authority shall treat that resource as being owned in equal shares or, where there is evidence that the resource is not so owned, in such proportion as appears to it to be equitable in the light of that evidence.
16
The value of any interest in real property shall be taken to be the amount for which that interest could be sold less the amount of any debt secured by a mortgage or charge on the property.
17
Where the individual is restrained by order of the High Court or the Crown Court from dealing with a capital resource, the assessing authority shall disregard that resource.
18
The assessing authority, having assessed the individual’s capital in accordance with regulations 13 to 17, shall deduct £30,000.
Capital contribution order
19
1
Subject to regulations 20 and 21, where the individual has disposable capital, the assessing authority must make a capital contribution order requiring the individual to pay —
a
the whole of the costs of the individual’s representation in the proceedings in the Crown Court, where the amount of the disposable capital is the same as or exceeds the amount of such costs, or
b
a contribution, towards such costs, of the amount of the disposable capital, where that amount is less than the amount of the costs,
less any amounts already paid under an income contribution order.
2
Where —
a
the individual, without reasonable excuse, fails to comply with a request under regulation 5(4) in relation to capital, and
b
the assessing authority has reason to believe that the individual has disposable capital of £30,000 or more,
the authority may decide not to make the deduction in regulation 18.
3
The assessing authority must notify an individual who does not have disposable capital that the individual is not liable to a capital contribution order but remains liable for any outstanding amounts under an income contribution order.
20
1
Where —
a
the amount of the individual’s disposable capital is less than the amount of the costs, and
b
the assessing authority is aware that the individual has capital of a kind not falling within regulation 12(3),
the authority must make a contribution order for the amount of the shortfall or the value of the latter capital, whichever is the lesser.
2
The value of the capital resource referred to in paragraph (1)(b) shall be taken to be —
a
the amount which it would realise if sold; or
b
the value assessed in such other manner as appears to the assessing authority to be equitable.
Application to judge
21
1
This regulation applies where the individual is convicted in criminal proceedings of one or more, but not all, offences.
2
The individual may apply in writing to the judge for an order that the individual pay a proportion of the costs of the individual’s representation in the Crown Court on the ground that it would be manifestly unreasonable to pay the whole amount.
3
An application under paragraph (2) must be made within 21 days of the date on which the individual is dealt with for the offence.
4
The judge may make an order specifying the proportion of costs which the individual must pay or refuse the application.
5
An order under paragraph (4) shall not require any other defendant to pay any of the costs of the individual’s representation.
6
In this regulation “judge” means the trial judge or a judge nominated for the purpose by the resident judge.
Contents of capital contribution order and payment
22
1
A capital contribution order must state —
a
the amount payable under the order;
b
that the amount must be paid within 28 days of the order or within such other period as may be agreed by the Commission and the individual;
c
the remedies available to the Commission as a creditor if payment is not made by the due date;
d
that if a payment is not made by the due date compound interest at the rate of 6% a year with half-yearly rests may be added to that payment from that date;
e
the individual’s right under regulation 29.
2
Payments under a capital contribution order must be made to the Commission.
Repayment
23
1
Subject to paragraph (2), where an individual has made payments —
a
under an income contribution order and, except where regulation 11(b) applies —
i
the proceedings against the individual are discontinued; or
ii
the individual is acquitted of the offence or all the offences by the Crown Court, or
b
under a contribution order and the Court of Appeal allows an appeal against conviction by the individual,
the Commission must repay to the individual the amount of each payment made together with compound interest thereon, from the date of the payment, at the rate of 2% a year with yearly rests.
2
Where the individual —
a
is the subject of an outstanding contribution order in other proceedings, or
b
has been granted a representation order in other criminal proceedings in the Crown Court (other than proceedings in which the individual is committed to the Crown Court for sentence),
the Commission may treat the amount to be repaid as satisfying any equivalent amount due under any other contribution order.
24
Where —
a
an individual has made payments under an income contribution order, and
b
the amount of the payments so made exceeds the cost as determined under regulation 11 or the proportion of the cost as ordered under regulation 21(4),
the Commission must repay to the individual the amount of the excess together with compound interest thereon, from the date of the excess payment, at the rate of 2% a year with yearly rests.
Resources of other persons
25
1
In calculating the income or capital of an individual who has a partner, the assessing authority must treat the resources of the partner as the individual’s resources, unless the partner has a contrary interest in the proceedings.
2
Where it appears to the assessing authority that —
a
another person is or has been substantially maintaining the individual or the individual’s partner; or
b
any of the resources of another person have been made available to the individual or the individual’s partner,
the assessing authority may assess or estimate the value of the maintenance or the resources made available and may treat the amount as the resources of the individual.
Deprivation etc. of resources
26
If it appears to the assessing authority that the individual or the individual’s partner has, with intent to reduce the amount of the individual’s resources, whether for the purpose of making the individual not liable to a contribution order or of reducing the amount of such an order —
a
directly or indirectly deprived themselves of any resources or expectations;
b
transferred any resources to another person; or
c
converted any resources into resources which under these Regulations are to be wholly or partly disregarded,
the resources or expectations of which the individual or the individual’s partner has so deprived themselves, or which the individual or the individual’s partner has transferred or converted, are to be treated as part of the individual’s resources.
Duty to report change in financial circumstances
27
1
An individual who has been granted a representation order in proceedings to which this Part applies must immediately inform the assessing authority of any change in financial circumstances of which the individual is aware, which has occurred since the application for a representation order and which might affect the individual’s liability to a contribution order or the amount of such an order.
2
Where, as a result of any such change —
a
the individual becomes liable to make payments under an income contribution order, the assessing authority must make an order and send a copy of it to the individual;
b
the individual is no longer liable to make payments under an income contribution order, the assessing authority must withdraw that order and notify the individual that it has done so;
c
the amount of the individual’s liability under an income contribution order is increased or reduced, the assessing authority must vary the order accordingly and sent a copy of it to the individual.
Re-calculation of income or capital following error or new information
28
1
Where —
a
it appears to the assessing authority that there has been a miscalculation of the individual’s income or capital or an administrative error; or
b
new information which is relevant to liability to a contribution order has come to light (whether under regulation 27 or otherwise),
the assessing authority must re-calculate the income or capital, as the case may be, and, if the individual becomes liable or is no longer liable to make payments under a contribution order or is liable to make increased or reduced payment, must make, revoke or vary the order as the case may be.
2
Where the assessing authority —
a
revokes a contribution order and the individual has already made a payment under the order, or
b
varies a contribution order so as to require a lower payment, and the individual has already made a payment above the amount as varied,
the Commission must repay to the individual the amount of such payment together with compound interest thereon, from the date of the payment, at the rate of 2% a year with yearly rests.
Review of order etc.
29
1
An individual in respect of whom the assessing authority has made a contribution order may apply to the Commission for a review of the order, on the grounds that —
a
there has been —
i
a miscalculation of the individual’s income or capital or the cost determined under regulation 11, or
ii
an administrative error; or
b
the individual is suffering or would suffer financial hardship as a result of making the payments required under the contribution order.
2
An application under paragraph (1)(a) must be made within 28 days of the making of the order.
3
The Commission may determine a review without a hearing.
4
On a review the Commission may confirm, revoke or vary the contribution order.
5
Where the Commission —
a
revokes a contribution order, and the individual has already made a payment under the order, or
b
varies a contribution order so as to require a lower payment, and the individual has already made a payment above the amount as varied,
the Commission must repay to the individual the amount of such payment together with compound interest thereon, from the date of the payment, at the rate of 2% a year with yearly rests.
Recovery of defence costs orders
30
The assessing authority must not make a contribution order for the costs of the individual’s representation in the Crown Court to the extent that those costs are already the subject of an order under section 17(2) of the Act.
PART 3 APPEALS TO THE CROWN COURT
Application of Part 3
31
1
This Part applies to appeals to the Crown Court in criminal proceedings against —
a
conviction;
b
sentence or an order; or
c
conviction and sentence.
2
In this Part “order”, without more, means an order made in proceedings referred to in regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001 .
Application of provisions in Part 2
32
The following regulations apply to appeals as they apply to proceedings to which Part 2 applies —
a
regulation 5, except where the individual had been granted a representation order for the proceedings in the magistrates’ court;
b
regulation 6, but so that “an income contribution order” is to be read as “a contribution order”;
c
regulation 7;
d
regulation 8(1), (2) and (4) to (6), but —
i
so that “an income contribution order” is to be read as “a contribution order”;
ii
as if there were inserted after paragraph (5)(i) —
j
£500, representing the costs of an appeal.
;
iii
as if there were inserted after paragraph (11) —
12
The individual must notify an individual whose annual disposable income exceeds £3,398 that the individual will be liable to make a payment under a contribution order if regulation 33(b) applies.
.
e
regulations 25, 26, 27(1), 28, 29 and 30.
Contribution order
33
The assessing authority must make a contribution order in respect of the appeal where —
a
the individual’s annual disposable income exceeds £3,398 and —
b
the appeal is made against —
i
conviction, or against conviction and sentence, and is abandoned or dismissed;
ii
sentence or an order, and is abandoned or dismissed; or
iii
conviction and sentence, and the appeal against conviction is abandoned or dismissed but the appeal against sentence is allowed.
Amount of contribution order
34
The amount payable under a contribution order made —
a
under regulation 33(b)(i) is £500;
b
under regulation 33(b)(ii) or (b)(iii) is £250.
Contents of contribution order and payment
35
1
A contribution order must state —
a
that the amount must be paid within 28 days of the determination or abandonment of the appeal or within such other period as may be agreed by the Commission and the individual;
b
that if a payment is not made by the due date compound interest at the rate of 6% a year with half-yearly rests may be added to that payment from that date;
c
the remedies available to the Commission as a creditor if the payment is not made by the due date;
d
the individual’s right under regulation 29.
2
Payments under a contribution order must be made to the Commission.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
15th December 2009


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulations 2009 and shall come into force twenty-one days after the day on which they are made.
2
In these Regulations —
a
a reference to section 52 is a reference to section 52 of the Counter-Terrorism Act 2008, and
b
“the 2008 Act ” means the Counter-Terrorism Act 2008.
Determination of point of arrival
2
1
For the purposes of section 52(2)(c) and these Regulations, a person’s point of arrival is to be determined in accordance with this regulation.
2
Where a person will arrive in a country by rail, sea or air, the point of arrival is the station, port or airport at which the person will first disembark.
3
Where a person will arrive in a country by any other means, the point of arrival is the place at which the person will first enter the country.
Notification of departure: requirement and content
3
1
This regulation applies to a person to whom the notification requirements in Part 4 of the 2008 Act apply and who intends to leave the United Kingdom for a period of three days or more.
2
A person to whom this regulation applies must notify the required information to the police.
3
For the purposes of this and the following regulation, the “required information” is —
a
the information that must be disclosed in accordance with section 52(2)(a) to (c), and
b
so much of the following information as the person holds —
i
where the person intends to travel to more than one country outside the United Kingdom, the person’s point of arrival in each such country (other than the point of arrival specified in section 52(2)(c)),
ii
the name of the carrier the person intends to use to leave the United Kingdom and to return to the United Kingdom,
iii
the name of any carrier the person intends to use to travel between countries while outside the United Kingdom,
iv
the address or other place at which the person intends to stay for their first night outside the United Kingdom,
v
where the person intends to return to the United Kingdom on a particular date, that date, and
vi
where the person intends to return to the United Kingdom at a particular point of arrival, that point of arrival.
Notification of departure: timing
4
1
Where a person knows any of the required information more than seven days before the date of their intended departure, the person must notify such of the required information as the person holds —
a
not less than seven days before that date (“the seven day notification requirement”), or
b
if the person has a reasonable excuse for not complying with the seven day notification requirement, as soon as practicable but in any event not less than twenty-four hours before that date.
2
Where the person has notified the police in accordance with paragraph (1) but —
a
the information so notified does not contain all the required information, or
b
at any time prior to their intended departure, the information so notified becomes inaccurate,
the person must notify to the police the remaining required information or the changes to the required information as the case may be in accordance with the rule in paragraph (4).
3
Where a person does not know any of the required information more than seven days before the date of their intended departure, the person must notify the required information to the police in accordance with the rule in paragraph (4).
4
The rule is that the person must make the notification —
a
not less than twenty-four hours before the date of their intended departure (“the twenty-four hour notification requirement”), or
b
if the person has a reasonable excuse for not complying with the twenty-four hour notification requirement, as soon as practicable but in any event before the person’s departure from the United Kingdom.
Notification of return
5
1
This regulation applies to a person to whom the notification requirements in Part 4 of the 2008 Act apply and who returns to the United Kingdom after leaving the United Kingdom for a period of three days or more.
2
Subject to paragraph (4), a person to whom this regulation applies must notify the following information to the police within the period of three days beginning with the day on which the person returns to the United Kingdom.
3
The information is —
a
the date of the person’s return to the United Kingdom, and
b
the person’s point of arrival in the United Kingdom.
4
Paragraph (2) does not apply to a person who notified to the police in accordance with regulation 4 a date and a point of arrival as specified in regulation 3(3)(b)(v) and (vi), and whose return to the United Kingdom was on that date and at that point of arrival.
Method of notification
6
1
Notification in accordance with regulation 4(1) or 5(2) must be made by the person —
a
attending at a police station in the person’s local police area; and
b
making an oral notification to a police officer or to a person authorised for the purpose by the officer in charge of the station.
2
Notification in accordance with regulation 4(2) or 4(3) must be made by the person —
a
attending at a police station, and
b
making an oral notification to a police officer or to a person authorised for the purpose by the officer in charge of the station.
3
The person making a notification in accordance with these Regulations must inform the police officer or person to whom the notification is made of their —
a
name,
b
home address, and
c
date of birth.
4
A person making a notification in accordance with regulation 4(2) must also inform the police officer or person to whom the notification is made of the police station at which the person made a notification in accordance with regulation 4(1) in respect of the intended departure.
Transitional provision
7
These Regulations do not apply to a person —
a
whose intended date of departure from the United Kingdom is less than eight days before the date on which these Regulations come into force, or
b
who is outside the United Kingdom on the date on which these Regulations come into force,
in respect of that absence from the United Kingdom.
West of Spithead
Parliamentary Under Secretary of State
Home Office
10th September 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2009 and come into force on 1st September 2009.
Test flying over congested areas
2
After rule 24 of the Rules of the Air 2007 insert —
Test flying over congested areas
24A
1
An aircraft to which this paragraph applies shall not fly over a congested area except to the extent that it is necessary to do so in order to take off or land in accordance with normal aviation practice.
2
Paragraph (1) does not apply if the CAA has given its written permission for a flight over the congested area.
3
Paragraph (1) applies to an aircraft that does not have a valid certificate of airworthiness in force and which is flying for the purpose of —
a
experimenting with or testing the aircraft or any engines or equipment installed or carried in the aircraft; or
b
enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft or the issue of a permit to fly.
.
Amendment to rule 58 of the Rules of the Air 2007 (markings for paved runways and taxiways)
3
1
In rule 58(3) of the Rules of the Air 2007, before “Subject to paragraph (5)”, insert “(4)”.
2
Paragraphs (4) and (5) of rule 58 are re-numbered paragraphs (5) and (6).
Signed by authority of the Secretary of State for Transport
C D Mole
Parliamentary Under Secretary of State
Department for Transport
5th August 2009


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the 5875-5905 MHz Frequency Band (Management) Regulations 2009 and shall come into force on 4th February 2009.
2
In these Regulations —
The “Commission Decision” means the Commission Decision 2008/671/ EC of 5 th August 2008 on the harmonised use of radio spectrum in the 5875-5905 MHz frequency band for safety-related applications of Intelligent Transport Systems ( ITS ) ;
“Intelligent Transport Systems” means systems or services, based on information and communications technologies, including processing, control, positioning, communication and electronics, that are applied to a road transportation system; and
“ OFCOM ” means the Office of Communications as established by the Office of Communications Act 2002 .
The 5875-5905 MHz frequency band
3
1
OFCOM shall carry out their functions under the Wireless Telegraphy Act 2006 so as to give effect to the obligations of the United Kingdom under the Commission Decision.
2
OFCOM shall, in particular-
a
by 5 th February 2009, designate the 5875-5905 MHz frequency band for use for safety-related applications of Intelligent Transport Systems, in accordance with the parameters set out in the Annex to the Commission Decision; and
b
as soon as reasonably practicable following such designation, make that frequency band available for such use on a non-exclusive basis.
Stephen Carter
Minister for Communications Technology and Broadcasting
Department for Business, Enterprise and Regulatory Reform
8th January 2009