text:
Citation and interpretation
1
1
This Order may be cited as the Identity Cards Act 2006 (Commencement No. 7) Order 2010.
2
In this Order –
“Identity and Passport Service” means the Secretary of State acting through the Identity and Passport Service; and
“passport” means a United Kingdom passport (within the meaning of the Immigration Act 1971 ).
Commencement
2
1
Section 2(1) and (2), and section 5(1)(b), of the Identity Cards Act 2006 shall come into force on 8 th February 2010 in relation to any person to whom paragraph (2) or (3) applies, except to the extent that those provisions are already in force in respect of such persons.
2
This paragraph applies to a British citizen who –
a
is under the age of 25 at the time he submits his application to be entered in the Register;
b
holds, or has at any time on or after 1 st January 2009 held, a passport which provides evidence of his British citizenship; and
c
the address of his place of residence is located in an area to which one of the postcodes listed in the Schedule corresponds.
3
This paragraph applies to a British citizen who –
a
holds, or has at any time on or after 1 st January 2009 held, a passport which provides evidence of his British citizenship; and
b
has registered his interest in identity cards on the website established for this purpose by the Identity and Passport Service , such registration has been confirmed by the Identity and Passport Service on that website on or before 30 th June 2010, and he has not cancelled such registration on that website at the time he submits his application to be entered in the Register.
Meg Hillier
Parliamentary Under‑Secretary of State
Home Office
25th January 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010 and shall come into force on 19 h April 2010.
2
These Regulations apply in relation to premises in England only.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Commonhold and Leasehold Reform Act 2002;
“landlord”, in relation to RTM premises, means a person who is landlord under a lease of the whole or any part of the premises ;
“RTM premises” means premises as regards which a RTM company intends to acquire the right to manage ;
“third party”, in relation to RTM premises, means a person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant .
Additional content of notice of invitation to participate
3
1
A notice of invitation to participate shall contain, in addition to the statements and information referred to in section 78(2)(a) to (c) of the 2002 Act (notice inviting participation), the particulars mentioned in paragraph (2).
2
The particulars referred to in paragraph (1) are —
a
the RTM company’s registered number , the address of its registered office and the names of its directors and if applicable, secretary;
b
the names of the landlord and any third party;
c
a statement that, subject to the exclusions mentioned in sub-paragraph (e), if the right to manage is acquired by the RTM company, the company will be responsible for —
i
the discharge of the landlord’s duties under the lease; and
ii
the exercise of his powers under the lease,
with respect to services, repairs, maintenance, improvements, insurance and management;
d
a statement that, subject to the exclusion mentioned in sub-paragraph (e)(ii), if the right to manage is acquired by the RTM company, the company may enforce untransferred tenant covenants ;
e
a statement that, if the right to manage is acquired by the RTM company, the company will not be responsible for the discharge of the landlord’s duties or the exercise of his powers under the lease —
i
with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant ; or
ii
relating to re-entry or forfeiture;
f
a statement that, if the right to manage is acquired by the RTM company, the company will have functions under the statutory provisions referred to in Schedule 7 to the 2002 Act;
g
a statement that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent; and —
i
if it does so intend, a statement —
aa
of the name and address of the proposed managing agent (if known); and
bb
if it be the case, that the person is the landlord’s managing agent; or
ii
if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property;
h
a statement that, where the RTM company gives a claim notice, a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the notice;
i
a statement that, if the recipient of the notice (of invitation to participate) does not fully understand its purpose or implications, he is advised to seek professional help; and
j
the information provided in the notes to the form set out in Schedule 1 to these Regulations.
Additional content of claim notice
4
A claim notice shall contain, in addition to the particulars required by section 80(2) to (7) (contents of claim notice) of the 2002 Act —
a
a statement that a person who —
i
does not dispute the RTM company’s entitlement to acquire the right to manage ; and
ii
is the manager party under a management contract subsisting immediately before the date specified in the claim notice,
must, in accordance with section 92 of the 2002 Act (duties to give notice of contracts), give a notice to the RTM company and to the person who is the contractor party;
b
a statement that, from the acquisition date , landlords under leases of the whole or any part of the premises to which the claim notice relates are entitled to be members of the RTM company;
c
a statement that the notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or this regulation, but that a person who is of the opinion that any of the particulars contained in the claim notice are inaccurate may —
i
identify the particulars in question to the RTM company by which the notice was given; and
ii
indicate the respects in which they are considered to be inaccurate;
d
a statement that a person who receives the notice but does not fully understand its purpose, is advised to seek professional help; and
e
the information provided in the notes to the form set out in Schedule 2 to these Regulations.
Additional content of counter-notice
5
A counter-notice shall contain (in addition to the statement referred to in paragraph (a) or (b) of section 84(2) (counter-notices) of the 2002 Act) —
a
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of section 84(2) of the 2002 Act, the company may apply to a leasehold valuation tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice;
b
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of section 84(2) of the 2002 Act, the company does not acquire the right to manage the premises specified in the claim notice unless —
i
on an application to a leasehold valuation tribunal, it is finally determined that the company was entitled to acquire the right to manage the premises; or
ii
the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing that the company was so entitled; and
c
the information provided in the notes to the form set out in Schedule 3 to these Regulations.
Additional content of contractor notice
6
A contractor notice shall contain (in addition to the particulars referred to in paragraphs (a) to (d) of section 92(3) (duties to give notice of contracts) of the 2002 Act) the statement that, should the person to whom the notice is given wish to provide to the RTM company services which, as the contractor party, it has provided to the manager party under the contract, it is advised to contact the RTM company at the address given in the notice.
Additional content of contract notice
7
A contract notice shall contain (in addition to the particulars referred to in section 92(7)(a) of the 2002 Act) —
a
the address of the person who is the contractor party, or sub-contractor party , under the contract of which particulars are given in the notice; and
b
a statement that, should the RTM company wish to avail itself of the services which the contractor party, or sub-contractor party, has provided to the manager party under that contract, it is advised to contact the contractor party, or sub-contractor party, at the address given in the notice.
Form of notices
8
1
Notices of invitation to participate shall be in the form set out in Schedule 1 to these Regulations.
2
Claim notices shall be in the form set out in Schedule 2 to these Regulations.
3
Counter-notices shall be in the form set out in Schedule 3 to these Regulations.
Revocation and transitional provision
9
1
The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2003 (“the 2003 Regulations ”) are revoked .
2
Any notice served under the 2003 Regulations will be treated on or after the coming into force of these Regulations as if it had been served under them.
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Rate of Bereavement Benefits Regulations 2010 and shall come into force on 1st January 2011.
Rate of widowed mother’s allowance and widow’s pension
2
The amount prescribed for the purposes of subsection (2A) of section 39 (rate of widowed mother’s allowance and widow’s pension) of the Social Security Contributions and Benefits Act 1992 is £97.65.
Rate of widowed parent’s allowance and bereavement allowance
3
The amount prescribed for the purposes of subsection (1A) of section 39C (rate of widowed parent’s allowance and bereavement allowance) of the Social Security Contributions and Benefits Act 1992 is £97.65.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd November 2010


text:
Citation and commencement
1
This Order —
a
may be cited as the Flood Risk Management Functions Order 2010; and
b
comes into force on 1st October 2010.
Flood risk management functions
2
1
The following are specified for the purposes of section 4(2)(f) of the Flood and Water Management Act 2010 —
a
a function of the Environment Agency under the Flood Risk Regulations 2009 ;
b
a function of a lead local flood authority under the Flood Risk Regulations 2009;
c
a function of a sewerage undertaker under section 94 of the Water Industry Act 1991 in relation to any sewer that conveys surface water.
2
But, for the purposes of section 20 of the Flood and Water Management Act 2010, a function of a sewerage undertaker under section 94 of the Water Industry Act 1991 is not a flood risk management function.
3
In this article, “sewer” and “surface water” have the same meaning as in section 219 of the Water Industry Act 1991.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd September 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
6th September 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 3) Order 2010.
2
In this Order “ the Act ” means the Welfare Reform Act 2009.
Appointed days
2
1
1st October 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
section 12(1) and (3) (conditions for contributory jobseeker’s allowance);
b
section 13(1) (conditions for contributory employment and support allowance);
c
section 13(4) for the purpose only of conferring power to make regulations.
2
1st November 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
section 12(2), (4) and (6);
b
section 13(2) and (3);
c
section 13(4) (so far as that provision is not already in force).
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
27th September 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 and come into force on 9th April 2010.
2
In these Regulations “ the Act ” means the Financial Services and Markets Act 2000 .
Amendment of section 313A
2
1
Section 313A of the Act (Authority’s power to require suspension or removal of financial instruments from trading) is amended as follows.
2
In subsection (1), after “an institution” insert “or a class of institutions”.
3
For subsection (2), substitute —
2
If the Authority exercises the power conferred by subsection (1), the matter may be referred to the Tribunal by —
a
the institution or, as the case may be, any institution in the class, or
b
the issuer of the financial instrument (if any).
.
Amendment of section 313B
3
1
Section 313B of the Act (suspension or removal of financial instruments from trading: procedure) is amended as follows.
2
In subsection (2) —
a
after “an institution,” insert “or a class of institutions,”;
b
for “give written notice” to the end of the subsection, substitute —
give notice —
a
by written notice to —
i
the institution or, as the case may be, each institution in the class, and
ii
the issuer of the financial instrument in question (if any); or
b
by publishing a notice by means of a regulatory information service.
.
3
In subsection (3), for “The notice” substitute “A notice given under subsection (2)(a)”.
4
After subsection (3), insert —
3A
A notice published under subsection (2)(b) must —
a
give details of the relevant requirement;
b
specify the institution, or the class of institutions, to which it applies;
c
state the Authority’s reasons for imposing the requirement and choosing the date on which it took effect or takes effect;
d
state that any institution to which the requirement applies or the issuer of the financial instrument in question may make representations to the Authority within such period as may be specified by the notice (whether or not the institution or the issuer has referred the matter to the Tribunal);
e
state the date on which the requirement took effect or takes effect; and
f
state that any institution to which the requirement applies or the issuer of the financial instrument in question has a right to refer the matter to the Tribunal, and give an indication of the procedure on such a reference.
.
5
Omit subsections (5) to (12).
Suspension or removal of financial instruments from trading: further procedure
4
After section 313B of the Act (suspension or removal of financial instruments from trading: procedure) insert —
Procedure following consideration of representations
313BA
1
This section applies where, within the period specified under section 313B(3), (3A) or (4), representations are made to the Authority in relation to a requirement that it has proposed to impose or has imposed under section 313A.
2
The Authority must decide whether to impose the requirement or (in the case of a requirement that has been imposed) whether to revoke it.
3
In the case of a requirement that the Authority has proposed to impose on a class of institutions, the Authority may decide to impose the requirement —
a
on the class;
b
on the class apart from one or more specified members of it; or
c
only on one or more specified members of the class.
4
In the case of a requirement that the Authority has imposed on a class of institutions, the Authority may decide to revoke it in relation to —
a
the class;
b
the class apart from one or more specified members of it; or
c
one or more specified members of the class only.
5
The Authority must give written notice of its decision to —
a
any institution which has made representations, and
b
the issuer of the financial instrument in question (if any).
6
In the case of a requirement that the Authority has proposed to impose or has imposed on a class, the Authority must also give notice of its decision by publishing it by means of a regulatory information service unless the decision is —
a
to impose the requirement on the class, or
b
not to revoke the requirement in relation to the class or any member of it.
7
An institution to which notice is required to be given under subsection (5) may refer the matter to the Tribunal if the Authority’s decision is that the requirement will be imposed on, or will continue to apply to, the institution.
8
An issuer to whom notice is required to be given under subsection (5) may refer the matter to the Tribunal if the Authority’s decision is that the requirement will be imposed on, or will continue to apply to, the institution or (in the case of a requirement relating to a class) any of the institutions in the class.
9
A notice given under subsection (5) must inform the recipient if the recipient has a right to refer the matter to the Tribunal.
Revocation of requirements: applications by institutions
313BB
1
This section applies where the Authority has imposed a requirement on an institution or a class of institutions under section 313A.
2
The institution or any of the institutions in the class may apply to the Authority for the revocation of the requirement.
3
The Authority must decide whether to revoke the requirement.
4
In the case of a requirement imposed on a class of institutions, the Authority may decide to revoke it in relation to —
a
the class;
b
the class apart from one or more specified members of it; or
c
one or more specified members of the class only.
5
The Authority must give a warning notice if —
a
in the case of a requirement imposed on an institution, the Authority proposes not to revoke the requirement, or
b
in the case of a requirement imposed on a class, the Authority proposes to make a decision which would have the effect that the requirement continues to apply to the applicant (whether or not it would have the effect that it continues to apply to other members of the class).
6
The warning notice must be given to —
a
the applicant, and
b
the issuer of the financial instrument in question (if any).
Decisions on applications for revocation by institutions
313BC
1
This section applies where, having considered any representations made in response to a warning notice, the Authority has decided whether to grant an application for revocation made under section 313BB.
2
The Authority must give written notice in accordance with subsection (3) if —
a
in the case of a requirement imposed on an institution, the Authority decides to revoke the requirement, or
b
in the case of a requirement imposed on a class, the Authority makes a decision which has the effect that the requirement will no longer apply to the applicant (whether or not it will continue to apply to other members of the class).
3
The written notice must be given to —
a
the applicant, and
b
the issuer of the financial instrument in question (if any).
4
If the Authority is required to give written notice under subsection (2) in relation to a requirement imposed on a class, the Authority must also give notice of its decision by publishing it by means of a regulatory information service.
5
The Authority must give a decision notice in accordance with subsection (6) if —
a
in the case of a requirement imposed on an institution, the Authority decides not to revoke the requirement, or
b
in the case of a requirement imposed on a class, the Authority makes a decision which has the effect that the requirement will continue to apply to the applicant (whether or not it will continue to apply to other members of the class).
6
The decision notice must be given to —
a
the applicant, and
b
the issuer of the financial instrument in question (if any).
7
If the Authority is required to give a decision notice in relation to a requirement imposed on a class, the Authority must also give notice of its decision by publishing it by means of a regulatory information service.
8
If the Authority gives a decision notice, the recipient may refer the matter to the Tribunal.
Revocation of requirements: applications by issuers
313BD
1
This section applies where the Authority has imposed a requirement on an institution or a class of institutions under section 313A.
2
The issuer of the financial instrument may apply to the Authority for the revocation of the requirement.
3
The Authority must decide whether to revoke the requirement.
4
In the case of a requirement imposed on a class of institutions, the Authority may decide to revoke it in relation to —
a
the class;
b
the class apart from one or more specified members of it; or
c
one or more specified members of the class only.
5
The Authority must give the issuer a warning notice if —
a
in the case of a requirement imposed on an institution, the Authority proposes not to revoke the requirement, or
b
in the case of a requirement imposed on a class, the Authority proposes not to revoke the requirement or to revoke it in relation to —
i
the class apart from one or more specified members of it, or
ii
one or more specified members of the class only.
Decisions on applications for revocation by issuers
313BE
1
This section applies where, having considered any representations made in response to a warning notice, the Authority has decided whether to grant an application for revocation made under section 313BD.
2
The Authority must give written notice to the issuer if the Authority decides to revoke the requirement.
3
If the Authority is required to give written notice under subsection (2) in relation to a requirement imposed on a class, the Authority must also give notice of its decision by publishing it by means of a regulatory information service.
4
The Authority must give the issuer a decision notice if —
a
in the case of a requirement imposed on an institution, the Authority decides not to revoke the requirement, or
b
in the case of a requirement imposed on a class, the Authority decides not to revoke the requirement or makes a decision to revoke the requirement in relation to —
i
the class apart from one or more specified members of it, or
ii
one or more specified members of the class only.
5
If the Authority is required to give a decision notice under subsection (4)(b), it must also give notice of its decision by publishing it by means of a regulatory information service.
6
If the Authority gives a decision notice under subsection (4), the issuer may refer the matter to the Tribunal.
.
Amendment of section 313C
5
In section 313C of the Act (notification in relation to suspension or removal of a financial instrument from trading), in subsection (1)(a), after “appropriate”, insert “unless the decision has already been published under section 313B(2)(b)”.
Amendment of section 313D
6
In section 313D of the Act (interpretation of Part 18A), insert each of the following definitions at the appropriate place —
“regulated information” has the meaning given in Article 2(1)(k) of the transparency obligations directive (as defined in section 103 of this Act);
“regulatory information service” means —
a service approved by the Authority to disseminate regulated information in accordance with rules made under section 89A of this Act, or
a service established in an EEA state other than the United Kingdom which is used for the dissemination of regulated information for the purposes of Article 21 of the transparency obligations directive;
.
Amendments to the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001
7
1
The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 shall be amended as follows.
2
In regulation 1, insert at the end —
7
Apart from regulation 6A, nothing in these Regulations shall apply to a notice given by publication by means of a regulatory information service under Part 18A of the Act.
.
3
After regulation 6, insert —
Deemed service by means of a regulatory information service
6A
1
A notice published by means of a regulatory information service under section 313B(2)(b) of the Act is to be treated as having been received by —
a
the institution or (as the case may be) each institution in the class of institutions specified in the notice, and
b
any issuer so specified,
at the time when it is first published.
2
A notice of a decision published by means of a regulatory information service under section 313BA(6), 313BC(4) or (7) or 313BE(3) or (5) of the Act is to be treated as having been received by each institution in the class in question at the time when it is first published.
3
Paragraph (2) does not apply to an institution which is entitled to receive written notice of the decision under section 313BA(5) or 313BC(2) or a decision notice under section 313BC(5).
Dave Watts
Tony Cunningham
Two of the Lords Commissions of Her Majesty’s Treasury
7th April 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Housing (Codes of Management Practice) (Student Accommodation) (England) Order 2010 and come into force on 25th November 2010.
2
This Order shall apply in relation to premises in England only.
3
In this Order, “ the Act ” means the Housing Act 2004.
Approval of code of practice
2
The code of practice entitled the Universities UK /Guild HE Code of Practice for the Management of Student Housing, which is dated 17th August 2010 and which lays down standards of conduct and practice to be followed with regard to the management of living accommodation comprised in buildings falling within paragraph 4 of Schedule 14 to the Act (buildings occupied by students) , is approved for the purposes of section 233 of the Act (approval of codes of practice with regard to the management of HMOs etc ).
Withdrawal of approval of code of practice
3
The approval of the code of practice entitled the Universities UK/Standing Conference of Principals Code of Practice for the Management of Student Housing and dated 20th February 2006 is withdrawn.
Revocations and Savings
4
1
Subject to paragraph (2) —
a
the Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2006 (“the 2006 Order ”); and
b
the Housing (Approval of a Code of Management Practice) (Student Accommodation) (England) Order 2008 (“the 2008 Order ”),
are revoked.
2
The following codes of practice continue to be approved for the purposes of section 233 of the Act —
a
the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Not Managed and Controlled by Educational Establishments, dated 20th February 2006 and approved by the 2006 Order; and
b
the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments, dated 28th August 2008 and approved by the 2008 Order.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th October 2010