text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Financial Transparency (EC Directive) Regulations 2009 and shall come into force on 22 nd September 2009.
Interpretation
2
1
In these Regulations —
“compensation” shall be construed as aid in any form whatsoever, including grant or support in accordance with Article 87 of the Treaty;
“contract” shall be construed as any agreement linking a public authority to a public undertaking in respect of compensation;
“entrusted” shall be construed in accordance with Article 86(2) of the Treaty;
“exclusive right” means any right granted by a public authority to an undertaking through any legislative, regulatory or administrative means, reserving to it the right to provide a service or undertake an activity within a geographical area;
“Financial Transparency Directive” means Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings;
“public authority” includes the Crown and any regional, local or other territorial authority;
“public undertaking” means any undertaking over which a public authority may exercise, directly or indirectly, a dominant influence by virtue of its ownership of it, its financial participation in it, or the rules which govern it; a dominant influence is presumed when a public authority, directly or indirectly, in relation to an undertaking —
holds the major part of the undertaking’s subscribed capital;
controls the majority of votes attaching to shares issued by the undertaking; or
can appoint more than half the members of the undertaking’s administrative, managerial or supervisory body;
“public undertaking operating in the manufacturing sector” means any public undertaking which has at least 50% of its total annual turnover arising from operations which are included in Section D of the Annex to Council Regulation ( EEC ) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community ;
“services of general economic interest” shall be construed in accordance with Article 86(2) of the Treaty;
“share” shall be construed in accordance with section 540 of the Companies Act 2006 ;
“special right” means any right that is granted by a public authority through any legislative, regulatory or administrative means, which, within a geographical area and otherwise than in accordance with objective, proportional and non-discriminatory criteria —
limits to two or more the number of undertakings authorised to provide a service or undertake an activity;
designates several competing undertakings as being authorised to provide a service or undertake an activity; or
confers on any undertaking any legal or regulatory advantages which substantially affect the ability of any other undertaking to operate the same activity in the same geographical area under substantially equivalent conditions;
“Treaty” means the Treaty establishing the European Community; and
“undertaking” means any entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed.
2
These Regulations do not apply where Article 296 of the Treaty applies to a contract.
PART 2 PUBLIC UNDERTAKINGS
Maintenance of records
3
1
A public undertaking shall maintain records of any public funds made available to it —
a
directly by a public authority, or
b
by a public authority through another public undertaking or financial institution.
2
For the purposes of paragraph (1) the activities regarded as making public funds available to a public undertaking shall include —
a
the setting-off of operating losses;
b
the provision of capital;
c
the provision of non-refundable grants or loans on privileged terms;
d
the granting of financial advantages by forgoing profits or recovery of sums due;
e
the forgoing of a normal return on public funds; or
f
the provision of compensation for financial burdens imposed by a public authority.
3
Nothing in paragraph (2) shall be construed as affecting the generality of paragraph (1).
4
A public undertaking which receives public funds in relation to which it is required to maintain records under paragraph (1) shall maintain a record of the use to which those public funds are put.
5
The obligations in paragraphs (1) and (4) shall not apply —
a
where a public authority makes public funds available to another public authority;
b
in relation to any public funds received by a public undertaking in relation to services supplied by a public undertaking which are not liable to affect trade between Member States within the meaning of the Treaty to an appreciable extent;
c
to the Bank of England;
d
to deposits of public funds placed with a public credit institution by a public authority on normal commercial terms;
e
to a public undertaking, other than a public credit institution, whose total annual net turnover —
i
in each of the two financial years preceding any financial year in which the funds referred to in paragraph (1) are made available, in relation to the obligation in paragraph (1), or
ii
in each of the two financial years preceding any financial year in which the funds referred to in paragraph (1) are used, in relation to the obligations in paragraph (4),
is less than 40 million euros; or
f
to a public credit institution whose balance sheet total —
i
in each of the two financial years preceding any financial year in which the funds referred to in paragraph (1) are made available, in relation to the obligation in paragraph (1), or
ii
in each of the two financial years preceding any financial year in which the funds referred to in paragraph (1) are used, in relation to the obligation in paragraph (4),
is less than 800 million euros.
Retention of records by public undertakings
4
1
A public undertaking shall retain the records which are required to be maintained under regulation 3(1) from the time that the public funds are provided until a period of five years has elapsed from the last day of the financial year in which the public funds were last used.
2
A public undertaking shall retain the records which are required to be maintained under regulation 3(4) from the time that the public funds are used until a period of five years has elapsed from the last day of the financial year in which the public funds were last used.
Provision of information by public undertakings
5
Within 28 days of receipt of a written request by the Secretary of State, a public undertaking shall provide the Secretary of State with —
a
such information, in such form, as is requested concerning the records (this may include copies of the records) which the undertaking is required to maintain under regulation 3(1) and 3(4); and
b
such further information as is requested and considered necessary by the Secretary of State to fulfil the United Kingdom’s obligations under the Financial Transparency Directive.
PART 3 UNDERTAKINGS REQUIRED TO MAINTAIN SEPARATE ACCOUNTS
Maintenance of separate accounts
6
1
An undertaking which is —
a
granted a special right or an exclusive right, or
b
entrusted with any service of general economic interest and receives public service compensation, in any form whatsoever, in relation to that service,
and carries on an activity not covered by (a) or (b), shall maintain separate accounts in respect of its activities under paragraphs (a) and (b) and any other of its activities which fall outside of those paragraphs.
2
The separate accounts referred to in paragraph (1) shall —
a
show the costs and revenues associated with each of its activities;
b
show the full details of the methods by which costs and revenues are assigned or allocated to each of its activities;
c
show that the internal accounts corresponding to each of its activities are separate; and
d
be based on clearly established, consistently applied and objectively justifiable cost accounting principles.
3
This regulation shall not apply —
a
to activities in respect of which other provisions in relation to financial transparency within undertakings have been laid down by the Communities;
b
in relation to services supplied by an undertaking which are not liable to affect trade between Member States within the meaning of the Treaty to an appreciable extent;
c
to an undertaking, other than a public credit institution, whose total annual net turnover in each of the two financial years preceding the financial year in which it enjoys a special right or an exclusive right, or in which it is entrusted with a service of general economic interest, is less than 40 million euros;
d
to a public credit institution whose balance sheet total in each of the two financial years preceding the financial year in which it enjoys a special right or an exclusive right, or in which it is entrusted with a service of general economic interest, is less than 800 million euros; or
e
to an undertaking which is entrusted with the operation of a service of general economic interest pursuant to Article 86(2) of the Treaty if the compensation it receives, in any form, was fixed for an appropriate period following an open, transparent and non-discriminatory procedure.
Retention of separate accounts
7
An undertaking required to maintain separate accounts under regulation 6(1) shall retain the separate accounts for a period of five years starting on the last day of the financial year to which those accounts relate.
Provision of information by undertakings required to maintain separate accounts
8
Within 28 days of receipt of a written request by the Secretary of State, an undertaking required to maintain separate accounts under regulation 6(1) shall provide the Secretary of State with —
a
such information, in such form, as is requested concerning the separate accounts (this may include copies of the separate accounts) which the undertaking is required to maintain under regulation 6(1); and
b
such further information as is requested and considered necessary by the Secretary of State to fulfil the United Kingdom’s obligations under the Financial Transparency Directive.
PART 4 PUBLIC UNDERTAKINGS OPERATING IN THE MANUFACTURING SECTOR
Provision of information by public undertakings operating in the manufacturing sector
9
1
A public undertaking operating in the manufacturing sector shall provide the following information to the Secretary of State relating to each financial year —
a
a copy of its annual report and annual accounts (as each term is defined in section 471 of the Companies Act 2006), explanatory notes, accounting policies, statements by directors, segmental and activity reports and any other pertinent information;
b
a copy of any notices of shareholder meetings relating to that financial year; and
c
information concerning the occurrences described in paragraph (4), insofar as that information is not included in its annual report and annual accounts.
2
The information required under paragraph (1) shall —
a
where appropriate, specify the relationship between the provider of finance and the public undertaking operating in the manufacturing sector;
b
where appropriate, include details of intra-group and inter-group transactions between different public undertakings; and
c
where appropriate, include details of transactions conducted between public undertakings and public authorities.
3
The information required under paragraph (1) shall be provided to the Secretary of State within —
a
10 working days of the date of the publication, if any, of the annual report of the public undertaking concerned, or
b
eight months following the end of the undertaking’s financial year, whichever is the earlier.
4
The occurrences for the purposes of paragraph (1)(c) are —
a
the provision of any share capital (including by a public authority, a public holding company or another public undertaking) or quasi-capital funds similar in nature to equity, specifying the terms of its or their provision (whether ordinary, preference, deferred or convertible shares, and interest rates and any dividend or conversion rights attaching thereto);
b
the award to it of any non-refundable grants which are only refundable in certain circumstances;
c
the award to it of any loans including overdrafts and advances on capital injections, specifying the interest rates and the terms of the loan and the security given, if any, to the lender by the undertaking receiving the loan;
d
any guarantees given to it by a public authority in respect of loan finance (specifying the terms and charges, if any, paid by the public undertaking for the guarantee);
e
any dividends paid out and profits retained; and
f
any other financial advantage provided by a public authority, including the forgiving of sums due to a public authority by the public undertaking, such as the repayment of loans, grants, payment of corporate or social taxes or any similar charges.
5
Within 28 days of receipt of a written request by the Secretary of State, a public undertaking operating in the manufacturing sector shall provide the Secretary of State with such further information as is requested and considered necessary to fulfil the United Kingdom’s obligations under the Financial Transparency Directive.
6
Paragraphs (1) and (5) shall not apply to public undertakings with a turnover in the previous financial year of 250 million euros or less.
Consolidated information by groups
10
Where two or more public undertakings subject to regulation 9 are members of a group of public undertakings and carry out activities in the same or closely related sectors, the information required by regulation 9(1) may be provided in relation to those undertakings in consolidated form rather than in relation to each undertaking separately.
PART 5 CONTRACT TERMS
11
Where a public authority is a party to a contract that public authority shall ensure that the contract contains the elements specified in —
a
Regulations 3, 4 and 5, in respect of public undertakings;
b
Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
c
Regulation 9 in respect of public undertakings operating in the manufacturing sector.
12
It is an implied term of a contract that undertakings to the contract comply with the provisions of —
a
Regulations 3, 4 and 5, in respect of public undertakings;
b
Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
c
Regulation 9 in respect of public undertakings operating in the manufacturing sector.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
27th August 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as The Traffic Management (Royal Borough of Kensington and Chelsea) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the Royal Borough of Kensington and Chelsea Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the Royal Borough of Kensington and Chelsea and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The Royal Borough of Kensington and Chelsea Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the Royal Borough of Kensington and Chelsea Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Polygraph Rules 2009 and shall come into force on 8 th April 2009.
2
In these Rules —
“comparison question” means a question asked for the purpose of establishing a baseline response, to which the relevant offender’s responses to the relevant questions will be compared;
“polygraph provider” means a person who has contracted with the Secretary of State to provide polygraph services;
“polygraph supervisor” means a person appointed by the polygraph provider to review polygraph sessions;
“post-test interview” means any interview conducted by the polygraph operator with the relevant offender during a polygraph session, following the completion of any polygraph examinations;
“pre-test interview” means any interview conducted by the polygraph operator with the relevant offender during a polygraph session, prior to the start of any polygraph examinations;
“probation provider” means a provider of probation services under section 3 of the Offender Management Act 2007 or a local probation board;
“relevant question” means a question asked for the purpose of monitoring compliance with the relevant offender’s licence conditions or improving the management of the relevant offender; and
“relevant offender” means a person to whom section 28 of the Offender Management Act 2007 applies.
Application
2
These Rules apply to all polygraph sessions held pursuant to a polygraph condition.
Qualifications of polygraph operators
3
1
A polygraph operator will be suitably qualified if the polygraph operator has —
a
completed the following courses —
i
a polygraph training programme accredited by the American Polygraph Association; and
ii
a post conviction sex offender testing training programme accredited by the American Polygraph Association; and
b
carried out a minimum of 20 post conviction sex offender testing polygraph examinations under the supervision of an American Polygraph Association examiner.
2
A polygraph operator will cease to be suitably qualified unless they attend at least 15 hours of continuing development training every twelve months from the date these Rules come into force. The continuing development training must cover —
a
new developments, techniques or methods in the field of polygraphy; and
b
current research or techniques in respect of the assessment of sexual offenders.
Polygraph operator independence
4
A polygraph operator who is also an officer of a probation provider or a therapist must not conduct a polygraph session on a relevant offender in whose supervision or treatment they have been involved.
Polygraph session requirements
5
1
Polygraph sessions must be conducted by suitably qualified polygraph operators.
2
Polygraph sessions must be electronically recorded using audiovisual recording equipment.
3
A polygraph session must include a pre-test interview, one or more polygraph examinations and a post-test interview.
4
A polygraph examination must include one or more comparison questions and at least one, but not more than four, relevant questions.
5
The polygraph operator must compile a report of each polygraph session conducted by that polygraph operator. The report must include details of all questions and answers during the polygraph examination and of the polygraph operator’s conclusions. The report must also include any disclosures made by the relevant offender during the polygraph session.
6
1
At the start of each polygraph session, the polygraph operator must explain to the relevant offender —
a
the requirements of and arrangements for the polygraph session; and
b
that anything disclosed during the session may be communicated to the probation provider responsible for that relevant offender’s supervision.
2
Before commencing the pre-test interview, the polygraph operator must obtain written confirmation from the relevant offender that the matters in paragraph (1) above have been explained and that the relevant offender has understood that explanation.
3
The polygraph operator must attach that written confirmation to the report of the polygraph session.
Polygraph supervisor
7
1
A polygraph supervisor must review the polygraph sessions in accordance with the Schedule.
2
A polygraph supervisor must meet the qualification requirements for polygraph operators in rule 3.
3
A polygraph supervisor must meet each polygraph operator whose sessions are reviewed by that polygraph supervisor at least once every six months from the date these Rules come into force to discuss the work of that polygraph operator.
Reports of polygraph session reviews
8
The polygraph provider is required to prepare a report for the Secretary of State every six months from the date these Rules come into force. The report must include —
a
the total number of polygraph session reviews conducted by the polygraph supervisor during the six months covered by the report;
b
a summary of each review;
c
details of any polygraph sessions not conducted in accordance with these Rules or with the contract between the polygraph provider and the Secretary of State; and
d
details of any remedial action taken to address any non-compliance with these Rules or the contract between the polygraph provider and the Secretary of State, or an explanation for any decision not to take remedial action to address non-compliance.
Signed by the authority of the Secretary of State
David Hanson
Minister of State
10th March 2009
Ministry of Justice


text:
Citation commencement and application
1
1
These Regulations may be cited as the Children Act 1989 (Higher Education Bursary) (England) Regulations 2009 and come into force on the day after the day on which they are made.
2
These Regulations apply in relation to the payment of the relevant amount for the purposes of section 23C(5A) of the Children Act 1989 (“ the Act ”) by a local authority in England to a former relevant child who is pursuing a course of higher education started on or after 1st September 2008.
Relevant amount
2
For the purposes of section 23C(5A) of the Act, the relevant amount is £2,000 (“the higher education bursary”).
Meaning of higher education
3
For the purposes of section 23C(5A) of the Act, higher education means a course of higher education that is of at least two academic years’ duration and is designated by or under regulations made under section 22(1) of the Teaching and Higher Education Act 1998 on the date on which the former relevant child starts the course.
Provision as to payment of the relevant amount
4
1
The local authority may pay the higher education bursary to a former relevant child as a lump sum or by instalments.
2
In the case of a former relevant child who started higher education on or after 1st September 2008 but before 1st September 2009 —
a
if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009; or
b
if the higher education bursary is to be paid by instalments, the first instalment must be paid by 31st December 2009 and the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.
3
In the case of a former relevant child who starts higher education on or after 1st September 2009 —
a
if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; or
b
if the higher education bursary is to be paid by instalments —
i
the first instalment must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; and
ii
the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.
4
Before making any decision about payment of the higher education bursary the local authority must, as far as reasonably practicable, ascertain and give due consideration to the wishes and feelings of the former relevant child.
5
The local authority may withhold payment of any unpaid balance of the higher education bursary during any period when the former relevant child is not pursuing higher education in accordance with the pathway plan for that person.
6
The local authority may recover the whole of the higher education bursary or any part of it from a person to whom payment has been made if there has been a mistake as to the eligibility of that person for the payment.
Iain Wright
Parliamentary Under Secretary of State
Department for Children Schools and Families
21st August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Fees) (Amendment) Regulations 2009 and come into force on 29th April 2009.
Preliminary
2
The Motor Vehicles (Approval) (Fees) Regulations 2001 are amended as follows.
Increase in fees
3
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing amount (£) Substituted amount (£)
4(1)(b) 76 83 4(1)(e) 127 138 4(1)(f) 114 124 4(3)(a)(ii) 31 34 5(1)(b) 19 21 5(2)(b) 7 8 9 12 13
Amendments to regulation 4 (fees-application for Minister’s approval certificate)
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (1), for sub-paragraph (g), substitute —
g
in the case of any new vehicle which satisfies the conditions of regulation 5(8)(b) of the Approval Regulations ,
i
£41 if the vehicle is a goods vehicle, and
ii
£38 in any other case.
.
3
In paragraph (2), for sub-paragraphs (a) to (c), substitute —
a
in the case of any Schedule 2 vehicle,
i
£83 if the vehicle is a goods vehicle, and
ii
£76 in any other case;
b
in the case of any vehicle which is not a Schedule 2 vehicle but which is the subject of a model report,
i
£138 if the vehicle is a goods vehicle,
ii
and £127 in any other case;
c
in the case of any vehicle which is not a Schedule 2 vehicle and which is not the subject of a model report,
i
£124 if the vehicle is a goods vehicle, and
ii
£114 in any other case.
.
4
In paragraph (3), for sub-paragraph (b), substitute —
b
the fees prescribed by paragraphs 1(g), 2(b) or (c) shall be increased by —
i
£27 in the case of a goods vehicle, and
ii
£25 in any other case,
.
5
For paragraph (4), substitute —
4
Where an original application is refused by virtue of regulation 10 of the Approval Regulations, the fee prescribed for the purposes of regulation 6(3)(b) of those Regulations shall be —
a
£70 in the case of any goods vehicle, and
b
£64 in any other case,”
and the balance of any sum previously paid in respect of that fee shall be repaid to the applicant.
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Horticulture) Regulations 2009;
b
come onto force on 31st July 2009; and
c
apply in England.
Interpretation
2
1
In these Regulations —
“the 2005 Regulations ” means the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 ;
“ Commission Regulation 795/2004 ” means Commission Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 ;
“ Commission Regulation 796/2004 ” means Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation ( EC ) No 1782/2003;
“the Council Regulation ” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 , (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003;
“farmer” has the meaning given by Article 2(a) of the Council Regulation;
“fruit and vegetables” has the meaning given by paragraph 1 of point A of Annex IX of the Council Regulation;
“holding” has the meaning given by Article 2(b) of the Council Regulation.
2
Other expressions used in these Regulations that are also used in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 796/2004 have the meaning they bear in those instruments.
3
Any reference in paragraph (1) to a Community instrument is a reference to that instrument as amended from time to time.
Horticulture
3
1
This regulation applies in relation to permanent fruit and vegetables, nurseries and vines.
2
For the purposes of Articles 48h(1) and 48k(2) of Commission Regulation 795/2004 and Article 33(1)(b)(iii) and points A and C of Annex IX of the Council Regulation, a farmer may apply to establish a number of payment entitlements equal to the number of new eligible hectares that were, during the relevant period specified in paragraph (3), at that farmer’s disposal and used —
a
to grow permanent fruit and vegetables;
b
as a nursery; or
c
to grow vines.
3
The periods are —
a
1st January to 30th September 2008, in the case of permanent fruit and vegetables or nurseries; and
b
1st January to 31st July 2008, in the case of vines.
4
In accordance with Article 21a(3) of Commission Regulation 796/2004, an application under paragraph (2) must be submitted on or before 13th August 2009.
5
Where more than one farmer applies for a payment entitlement in relation to the same land, only the application of the farmer who last met the requirements of paragraph (2) during the relevant period specified in paragraph (3) will be considered.
Regions
4
The three regions specified in regulation 3 of the 2005 Regulations apply for the purposes of applications under regulation 3(2) of these Regulations.
Minimum size of holding
5
The minimum size of a holding specified in regulation 5 of the 2005 Regulations applies for the purposes of applications under regulation 3(2) of these Regulations.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
6th July 2009


text:
Citation and commencement
1
1
This Order may be cited as the County of West Sussex (Electoral Changes) Order 2009.
2
This Order, other than articles 4 to 10, comes into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for county electoral divisions, on the day following the day on which the Order is made;
b
for all other purposes, on the ordinary day of election of councillors in 2009.
3
Articles 4, 5, 6, 7, 9 and 10 of this order come into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for parishes or parish wards, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
4
Article 8 comes into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for parishes or parish wards of Lancing, on 15th October 2011;
b
for all other purposes, on the ordinary day of election of councillors in 2012.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the County of West Sussex (Electoral Changes) Order 2009”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Electoral divisions of the county of West Sussex
3
1
The electoral divisions of the county of West Sussex are abolished .
2
The county is divided into seventy-one electoral divisions each bearing a name listed in the Schedule.
3
Each electoral division comprises the area designated on sheet 1 of the map by reference to the name of the electoral division and demarcated by red lines.
4
One councillor is to be elected for each electoral division.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Aldwick
4
1
The wards of the parish of Aldwick are abolished .
2
The parish is divided into four wards named respectively —
a
Aldwick East;
b
Aldwick West;
c
Rose Green;
d
Richards.
3
Each ward comprises the area designated on sheet 8 of the map by the name of the ward and demarcated by orange lines.
4
Six councillors are to be elected for Aldwick East ward.
5
Four councillors are to be elected for Aldwick West ward.
6
Two councillors are to be elected for each of St Richards ward and Rose Green ward.
Wards of the parish of Bersted
5
1
The parish of Bersted is divided into two wards named respectively —
a
Bersted Brooks;
b
Bersted North.
2
Each ward comprises the area designated on sheet 8 of the map by the name of the ward and demarcated by orange lines.
3
Eleven councillors are to be elected for Bersted North ward.
4
Three councillors are to be elected for Bersted Brooks ward.
Wards of the parish of Burgess Hill
6
1
The wards of the parish of Burgess Hill are abolished .
2
The parish is divided into seven wards named respectively —
a
Burgess Hill Dunstall;
b
Burgess Hill Franklands;
c
Burgess Hill Leylands;
d
Burgess Hill Meeds North;
e
Burgess Hill Meeds South;
f
Burgess Hill St Andrews;
g
Burgess Hill Victoria.
3
Each ward comprises the area designated on sheet 4 of the map by the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each of the following wards —
a
Burgess Hill Dunstall;
b
Burgess Hill Franklands;
c
Burgess Hill Leylands;
d
Burgess Hill St Andrews;
e
Burgess Hill Victoria.
5
Two councillors are to be elected for Burgess Hill Meeds South ward.
6
One councillor is to be elected for Burgess Hill Meeds North ward.
Wards of the parish of East Grinstead
7
1
The wards of the parish of East Grinstead are abolished .
2
The parish is divided into seven wards named respectively —
a
East Grinstead Ashplats;
b
East Grinstead Baldwins;
c
East Grinstead Herontye;
d
East Grinstead Imberhorne;
e
East Grinstead Town North;
f
East Grinstead Town South;
g
East Grinstead Worsted.
3
Each ward comprises the area designated on sheet 3 of the map by the name of the ward and demarcated by orange lines.
4
Four councillors are to be elected for each of East Grinstead Ashplats ward and East Grinstead Imberhorne ward.
5
Three councillors are to be elected for each of East Grinstead Baldwins ward and East Grinstead Herontye ward.
6
Two councillors are to be elected for East Grinstead Town South ward.
7
One councillor is to be elected for each of East Grinstead Town North ward and East Grinstead Worsted ward.
Wards of the parish of Lancing
8
1
The wards of the parish of Lancing are abolished.
2
The parish is divided into five wards named respectively —
a
Churchill;
b
Manor North;
c
Manor South;
d
Mash Barn;
e
Widewater.
3
Each ward comprises the area designated on sheet 5 of the map by the name of the ward and demarcated by orange lines.
4
Four councillors are to be elected for each of the following wards —
a
Churchill;
b
Marsh Barn;
c
Widewater.
5
Two councillors are to be elected for each of Manor North ward and Manor South ward.
Wards of the parish of Littlehampton
9
1
The wards of the parish of Littlehampton are abolished .
2
The parish is divided into five wards named respectively —
a
Beach;
b
Brookfield;
c
Ham;
d
River;
e
Wick with Toddington.
3
Each ward comprises the area designated on sheet 7 of the map by reference to the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each ward.
Wards of the parish of North Horsham
10
1
The wards of the parish of North Horsham are abolished .
2
The parish is divided into five wards named respectively —
a
Holbrook East;
b
Holbrook West;
c
Roffey North;
d
Roffey South East;
e
Roffey South West.
3
Each ward comprises the area designated on sheet 2 of the map by the name of the ward and demarcated by orange lines.
4
Six councillors are to be elected for Roffey North ward.
5
Five councillors are to be elected for Holbrook East ward.
6
Four councillors are to be elected for Holbrook West ward.
7
Three councillors are to be elected for Roffey South East ward.
8
One councillor is to be elected for Roffey South West ward.
Sealed with the seal of the Electoral Commission on the 6th day of March 2009.
Peter Wardle
Chief Executive of the Electoral Commission
6th March 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009 and come into force on 10th February 2009.
2
These Regulations apply in relation to England only.
Amendments to the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008
2
1
The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008 are amended as follows.
2
In regulation 1(2) for “against decisions communicated on or after 1st March 2009” substitute “heard on or after 10th February 2009”.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
13th January 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Child Trust Funds (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
2
Regulations 3 and 4 have effect where the Child Benefit commencement date for the child (first day for which child benefit was paid in respect of the child) is on or after 6th April 2008.
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 2(1)(a) (interpretation) add the following expressions at the appropriate places —
“the income threshold” (see section 9(6) of the Act)
“the relevant income” (see section 9(6) of the Act)
“relevant social security benefit” (see section 9(6) of the Act)
“tax year” (see section 9(6) of the Act)
.
4
In regulation 7 (government contributions) —
a
after paragraph (10) insert —
10A
A further contribution under section 10 of the Act of £250 is due for any child if —
a
an account is held by the child,
b
the child was first an eligible child by virtue of section 2(1)(a) of the Act,
c
section 9 of the Act does not apply to the child,
d
a contribution is not, and has not been, due for the child under paragraph (10),
e
the child is an eligible child on the day identified under the provisions of paragraph (10B) or (10C) as the case may be, and
f
the condition in paragraph (10B) or (10C) is satisfied in relation to the child.
10B
The condition in this paragraph is that it has been determined in accordance with the provision made by and by virtue of sections 18 to 21 of the Tax Credits Act 2002 —
a
that a person was, or persons were, entitled to child tax credit in respect of the child for any day falling —
i
after the commencement date, but
ii
not later than three months immediately preceding the expiry date of the voucher for the child (see regulation 3), and
b
that either the relevant income of the person or persons for the tax year in which that day fell does not exceed the income threshold or the person, or either of those persons, was entitled to a relevant social security benefit for that day,
and that determination has not been overturned.
10C
The condition in this paragraph is that income support, or income-based jobseeker’s allowance, was paid for any day falling —
a
after the commencement date, but
b
not later than one month immediately preceding the expiry date of the voucher for the child (see regulation 3),
to a person whose applicable amount included an amount in respect of the child.
;
b
in paragraph (11) after “contribution” insert “mentioned in paragraph (10) or (10A)”.
5
After regulation 7 (government contributions) insert —
Age 7 payments
7A
1
A further contribution under section 10 of the Act is due for any child who is an eligible child on his or her seventh birthday, in accordance with paragraphs (2) to (5).
2
Where the child is an eligible child on his or her seventh birthday by virtue of —
a
section 2(1)(b) of the Act (child benefit entitlement excluded by reason of being a child in care on that date), or
b
section 2(1)(a) of the Act (child benefit entitlement), but is also a looked after child or looked after and accommodated child within the meanings of those expressions in regulation 33, on that date,
the amount is £500.
3
Where the child is an eligible child on his or her seventh birthday by virtue of section 2(1)(a) of the Act (by reason of a person being entitled to child benefit in respect of the child on that date) and does not fall within the terms of paragraph (2), the amount is £250 and, if the condition in paragraph (4) or (5) is satisfied in relation to the child, the further amount of £250.
4
The condition in this paragraph is that it has been determined in accordance with the provision made by and by virtue of sections 18 to 21 of the Tax Credits Act 2002 —
a
that a person was, or persons were, entitled to child tax credit in respect of the child for any date (“the CTC date”) falling within the same tax year as the child’s seventh birthday, and
b
that either the relevant income of the person or persons for the tax year in which the CTC date fell does not exceed the income threshold or the person, or either of those persons, was entitled to a relevant social security benefit for the CTC date,
and that determination has not been overturned.
5
) The condition in this paragraph is that income support, or income-based jobseeker’s allowance, was paid for any date falling within the same tax year as the child’s seventh birthday to a person whose applicable amount included an amount in respect of the child.
6
On receipt of the further contribution from Her Majesty’s Revenue and Customs the account provider must credit the account held by the child with the amount of the payment.
6
In regulation 22(2) (recoupment of Inland Revenue contributions to void accounts and other accounts) —
a
in paragraph (a) after “the Act” insert “or regulation 7(10B) or 7A(4)”;
b
in paragraph (c) —
i
after “7(10) were” insert “, or the condition in regulation 7(10C) or 7A(5) was,”;
ii
for “that provision” substitute “the relevant provision”.
7
In regulation 30(6)(c) (fortnightly claim and financial returns) —
a
for “paragraph (10) of regulation 7 applies to” substitute “a further contribution is due for”;
b
after “named child” insert “in accordance with regulation 7(10) or (10A) or regulation 7A”; and
c
for “that paragraph” where it secondly appears substitute “the relevant provision”.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2009 and come into force on 1 July 2009.
Amendment of the Surface Waters (Fishlife) (Classification) Regulations 1997
2
In the Surface Waters (Fishlife) (Classification) Regulations 1997 , for “Directive 78/659/EEC ”, wherever occurring, substitute “Directive 2006/44/EC ”.
Jane Davidson
Minister for Environment, Sustainability and Housing One of the Welsh Ministers
19th May 2009
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th May 2009


text:
1
This Order may be cited as the A6 and A5111 Trunk Roads (Raynesway Park Junction Improvement) Order 2009 and shall come into force on 23rd April 2009.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway; and
2
a
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
b
“the new trunk roads” means the main new road and the slip roads;
c
“the plan” means the plan numbered HA 10/ TD /031 marked “The A6 and A5111 Trunk Roads (Raynesway Park Junction Improvement) Order 2009”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Department for Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
d
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the highways including the main new road with other highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that –
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Mike Wilson
Divisional Director Highways Agency
17th March 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 4) Order 2009.
2
In this Order “ the Act ” means the Pensions Act 2008.
Commencement of provisions
2
1
The following provisions of the Act come into force on 29th June 2009 —
a
section 126 (amendment of provisions of Pensions Act 2004 relating to contribution notices or financial support directions) in so far as that section is not already in force, and
b
in Schedule 9 (contribution notices and financial support directions under Pensions Act 2004) —
i
paragraph 4, and
ii
paragraphs 1, 2, 8 and 15 in so far as those paragraphs are not already in force.
2
Section 74 (review) of the Act comes into force on 1st July 2009.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
24th June 2009


text:
PART 1 GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products for Human Use) (Amendments to Fees for Variations) Regulations 2009 and shall come into force on 1st January 2010.
2
In these Regulations —
“Fees Regulations 2009” means the Medicines (Products for Human Use) (Fees) Regulations 2009 ; and
“Marketing Authorisations Regulations 1994” means the Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 .
PART 2 AMENDMENTS TO THE FEES REGULATIONS 2009 IN RESPECT OF FEES FOR VARIATIONS
Amendments to the Fees Regulations 2009
2
The Fees Regulations 2009 are amended as specified in regulations 3 to 8.
Amendment to regulation 18
3
In regulation 18 (fees for variations of authorizations, registrations, licences and authorisations), in paragraph (1) omit sub-paragraph (a).
Insert of new regulation 18A
4
After regulation 18 insert —
Fees for a variation to the terms of a marketing authorization
18A
1
Unless regulation 51 (revocation and savings) applies, the fee for an application under regulation 4 (applications for the grant, removal or variation of a United Kingdom marketing authorization) of the Marketing Authorisations Regulations for a variation of a United Kingdom marketing authorization is the fee mentioned in paragraph (2).
2
The fee referred to in paragraph (1) is —
a
the fee prescribed in paragraphs 35A to 39 of Schedule 1 in connection with the application;
b
in respect of an inspection of a site made in connection with the application, the fee payable in accordance with regulations 27 to 29 and 31.
3
Unless regulation 28 applies, the fee in paragraph (1) is payable by the applicant.
.
Amendment to regulation 20
5
In regulation 20 (applications for multiple variations), in paragraphs (1) and (2) omit the words “marketing authorization”, in each place they occur.
Insert of new regulation 20A
6
After regulation 20, insert —
Applications for variations to the terms of a marketing authorization
20A
1
In this regulation and Part 4 of Schedule 1 —
“Major Variation (Type II) Group Application” means an application for several variations to one marketing authorization and —
at least one of the variations is a major variation of type II;
subject to paragraph (c), the variations fall within the scope of Article 7(2)(b) of EC Regulation No 1234/2008;
the variations do not include a variation —
of a kind referred to in paragraph 1 (extension of the marketing authorisation) or paragraph 3 (minor variation of type IB and consequential variations) of Annex III to EC Regulation No 1234/2008;
which relates to a change which is referred to in paragraph 23 of Schedule 1 (Type II Complex Variation Application); or
of a marketing authorization so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 1 (Extended Type II Complex Variation Application); and
the variations may include one or more minor variations of type IA or one or more minor variations of type IB;
“Major Variation (Type II) Complex Group Application” means an application for several variations to one marketing authorization and —
at least one of the variations relates to one or more of the changes referred to in paragraph 23 of Schedule 1 (Type II Complex Variation Application);
subject to paragraph (c), the variations fall within the scope of Article 7(2)(b) of EC Regulation No 1234/2008;
the variations do not include a variation of —
a kind referred to in paragraph 1 or paragraph 3 of Annex III to EC Regulation No 1234/2008; or
a marketing authorization so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 1; and
the variations may include one or more minor variations of type IA or one or more minor variations of type IB or one or more major variations of type II;
“Major Variation (Type II) Extended Complex Group Application” means an application for several variations to one marketing authorization and —
at least one of the variations is a variation to a marketing authorization so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 1;
subject to paragraph (c), the variations fall within the scope of Article 7(2)(b) of EC Regulation No 1234/2008;
the variations do not include a variation of a kind referred to in paragraph 1 of Annex III to EC Regulation No 1234/2008; and
subject to paragraph (c), the variations may include minor variations of type IA, minor variations of type IB or other major variations of type II or a variation relating to a change referred to in paragraph 23(a), (b) or (c) of Schedule 1;
“major variation of type II” has the meaning given in Article 2(3) of EC Regulation No 1234/2008;
“Minor Variation (Type IB) Group Application” means an application for several variations to one marketing authorization and —
at least one of the variations is a minor variation of type IB;
subject to paragraph (c), the variations fall within the scope of Article 7(2)(b) of EC Regulation No 1234/2008;
the variations do not include —
a variation of a kind referred to in paragraph 1 or paragraph 2 of Annex III of EC Regulation No 1234/2008; or
a major variation of type II; and
the variations may include one or more minor variations of type IA;
“minor variation of type 1A” has the meaning given in Article 2(2) of EC Regulation No 1234/2008;
“minor variation of type 1B” has the meaning given in Article 2(5) of EC Regulation No 1234/2008; and
“work sharing” means the worksharing procedure within the meaning of Article 20 of EC Regulation No 1234/2008.
2
In a case where a recommendation on the classification of a variation is made in accordance with Article 5 of EC Regulation No 1234/2008, the fee payable for the application made in respect of that variation shall be the appropriate fee for the classification given to the variation or, as the case may be, the appropriate fee which arises as a consequence of the classification given to the variation.
3
Unless paragraph (4) applies, a separate fee is payable in respect of each application to vary each term of a marketing authorization.
4
A separate fee is not payable for each application to vary a term of a marketing authorization which —
a
falls within the same type of group application; or
b
the licensing authority —
i
in consultation with other Member States concerned, have agreed, in accordance with Article 7(2)(b) of EC Regulation No 1234/2008, should be subject to the procedure for grouping of variations within the meaning of that Article; and
ii
have agreed fall, or should be treated as falling, within the same type of group application.
5
For the purposes of paragraph (4) the reference to a group application means an application which is a —
a
Minor Variation (Type IB) Group Application;
b
Major Variation (Type II) Group Application;
c
Major Variation (Type II) Complex Group Application; or
d
Major Variation (Type II) Extended Complex Group Application.
6
A separate fee is not payable for a variation which is wholly consequential upon another variation of a provision of a marketing authorization which is applied for in the same application.
.
Amendments to Schedule 1
7
1
Schedule 1 (capital fees for applications for, and variations to, marketing authorizations, licences and certificates) is amended as follows.
2
In paragraph 2 (general: categories of Applications and Variations) omit the reference to “BROMI variations guidance” and the meaning given to that reference.
3
Omit paragraph 4 (BROMI variations).
4
In paragraph 5 (complex application), for sub-paragraph (q)(i) substitute —
i
for an extension of a marketing authorization within the meaning of Article 2(4) of EC Regulation No 1234/2008; and
.
5
In paragraph 22 (Type IB and Type II Applications) —
a
in sub-paragraph (1), for ““minor variation” of Type IB” to the end of that sub-paragraph substitute —
“minor variation of type IB” within the meaning of Article 2(5) of EC Regulation No 1234/2008
;
b
in sub-paragraph (2), for paragraph (f) substitute —
f
an application for an extension of a marketing authorization within the meaning of Article 2(4) of EC Regulation No 1234/2008
; and
c
in sub-paragraph (3), for ““minor variation” of Type IA” to the end of that sub-paragraph substitute —
“minor variation of type IA” within the meaning of Article 2(2) of EC Regulation No 1234/2008
.
6
In paragraph 23 (Type II Complex Variation Application) —
a
in sub-paragraph (a), for “Annex II to Commission Regulation (EC) No. 1084/2003 ” substitute “Annex I to EC Regulation No 1234/2008”;
b
in sub-paragraph (b), from “major variation” to “No. 1084/2003” substitute —
“major variation of type II” within the meaning of Article 2(3) of EC Regulation No 1234/2008;
and
c
in sub-paragraph (c)(ii), from “is not a variation” to the end of that sub-paragraph substitute “is not a minor variation of type IA or minor variation of type IB within the meaning of Article 2 of EC Regulation 1234/2008”.
7
Omit paragraph 35 (marketing authorizations).
8
After paragraph 35, insert —
Variations to the terms of marketing authorizations
35A
1
Subject to paragraphs 36 to 39 and 46, 47A and 48, the fee payable under regulation 18A(1) in connection with an application for a variation to the terms of a marketing authorization of a kind described in column 1 of the appropriate table is —
a
if the application is in an eCTD format application, the fee specified in the corresponding entry in column 2 of the appropriate table;
b
if the fee is not in an eCTD format application, the fee specified in the corresponding entry in column 3 of that table.
2
In paragraph (1), the appropriate table is —
a
in respect of an application for a variation of a marketing authorization which is within the scope of EC Regulation No 1234/2008 , Table 1;
b
in respect of a UK national variation application, Table 2;
c
in respect of a reclassification variation application, Table 3.
3
In Table 1, “reference authority” has the meaning given in Article 20(2)(b) of EC Regulation No 1234/2008.
4
In Table 2, “UK national variation application” means a variation to a notification of, or an application for, a variation to the terms of a marketing authorization which is not within the scope of EC Regulation No 1234/ 2008 and which —
a
is a change set out in the document entitled UK National MA Variations Guidance published by the licensing authority and available on its website on 30 November 2009 ; and
b
complies with the procedures and conditions to be fulfilled as set out in that document,
and the expressions “National Type 1B Application”, “National Type II Application”, “National Type II Complex Variation Application”, “National Type II Extended Complex Variation Application, “National Type IB Minor Variation Group Application”, “National Type II Major Variation Group Application” and “National Type II Major Variation Complex Group Application” shall be construed accordingly.
Table 1
Fees for applications for variations of marketing authorizations falling within the scope of EC Regulation No 1234/2008
Column 1
Kind of variation
Column2
Fee payable if in eCTD format
Column 3
Fee payable for application not in eCTD format
1. Application for a single kind variation (a) Type IB Application where —
(i) the UK is a concerned Member State £296 £314 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £588 £616 (b) Type II Application where — (i) the UK is a concerned Member State £786 £824 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £952 £998 (c) Type II Complex Variation Application where — (i) the UK is a concerned Member State £8,892 £9,327 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £15,418 £16,170 (d) Extended Type II Complex Variation Application where — (i) the UK is a concerned Member State £27,442 £28,780 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £38,360 £40,232 2. Applications for a Group (a) Minor Variation (Type IB) Group Application where — (i) the UK is a concerned Member State £666 £700 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £1,311 £1,380 (b) Major Variation (Type II) Group Application where — (i) the UK is a concerned Member State £1,767 £1,860 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £2,137 £2,250 (c) Major Variation (Type II) Complex Group Application where — (i) the UK is a concerned Member State £10,099 £10,150 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £16,320 £17,160 (d) Major Variation (Type II) Extended Complex Group Application where — (i) the UK is a concerned Member State £28,120 £29,600 (ii) the UK is the reference Member State or the licensing authority is the reference authority for work sharing £39,140 £41,200
Table 2
Fees for UK national variation applications
Column 1
Kind of national variation
Column2
Fee payable if in eCTD format
Column 3
Fee payable for application not in eCTD format
1. National Type 1B Application £296 £314 2. National Type II Application £786 £824 3. National Type II Complex Variation Application £8,892 £9,328 4. National Type II Extended Complex Variation Application £27,442 £28,780 5. National Type IB Minor Variation Group Application £666 £700 6. National Type II Major Variation Group Application £1,767 £1,860 7. National Type II Major Variation Complex Group Application £10,099 £10,150 8. National Type II Major Variation Extended Complex Group Application £28,120 £29,600
Table 3
Fees for reclassification variation applications
Column 1
Kind of reclassification variation
Column2
Fee payable if in eCTD format
Column 3
Fee payable for application not in eCTD format
Application falling within the category described in — (a) paragraph 15(a) £12,834 £13,460 (b) paragraph 15(b) £8,736 £9,160
.
9
In paragraph 37 (reclassification of marketing authorizations), in sub-paragraph (1) for “regulation 18(1)” substitute “regulation 18A(1)”.
10
In paragraph 46 (identical variations) omit —
a
“unless paragraphs 47 to 48 apply”; and
b
“the variation of a marketing authorization,”.
11
After paragraph 46 insert —
Reduced fees for Type IB and Type II Applications, Minor Variation (Type IB) Group Applications and a Major Variation (Type II) Group Applications
46A
1
Unless paragraph 47A or 48 applies, where more than one application of a type referred to in paragraph (2) is made at the same time by the same marketing authorization holder and all of the applications are for identical kinds of variations, the fee payable under regulation 18A(1) —
a
in connection with the first application considered by the licensing authority is the appropriate amount specified in this Part of the Schedule;
b
in connection with each of the other applications is 50% of that amount.
2
The type of application referred to in paragraph (1) is a —
a
Type IB Application;
b
Type II Application;
c
Minor Variation (Type IB) Group Application; or
d
Major Variation (Type II) Group Application
.
12
Omit paragraph 47 (complex variation application).
13
After paragraph 47 insert —
Reduced Fees for identical Type II Complex Applications, Extended Type II Complex Variation Applications, Major Variation (Type II) Complex Group Applications and Major Variation (Type II) Extended Complex Group Applications
"47A
1
Where more than one application of a type referred to in paragraph (2) is made at the same time by the same marketing authorization holder and all of the applications are for identical kinds of variations, the fee payable under regulation 18A(1) —
a
in connection with the first application considered by the licensing authority, is the appropriate amount specified in this Part of the Schedule;
b
in connection with each of the other applications in respect of which no further medical, scientific or pharmaceutical assessment is required, is the amount which would be payable if the application was a Type II Application.
2
The type of application referred to in paragraph (1) is a —
a
Type II Complex Variation Application;
b
Extended Type II Complex Variation Application;
c
Major Variation (Type II) Complex Group Application; or
d
Major Variation (Type II) Extended Complex Group Application.".
14
In paragraph 48 (multiple reclassification variations applications) for “regulation 18(1)” substitute “regulation 18A(1)”.
15
In paragraph 49 (a set of changes) for paragraphs (2) and (3) substitute —
2
If the proposed changes in respect of a product to which the fee in sub-paragraph (1)(a) applies are submitted in accordance with the National Guidance on labels and leaflets self-certification, the fee payable under regulation 22(1) is £199.
3
For the purposes of this paragraph —
a
changes are submitted in accordance with the National Guidance on labels and leaflets self-certification if they are of a type described in the National Guidance on labelling and patient information leaflets for self-certification and comply with the conditions set out in relation to those changes in that Guidance; and
b
the “National Guidance on labelling and patient information leaflets for self-certification” means the documents entitled “Guidance on changes to labelling and patient information for self-certification” and “Guidance on changes to labelling for self certification – compliance with article 56(a) – inclusion of Braille on the labelling” published by the licensing authority and available on its website on 9 November 2009 .
.
Amendments to Schedule 7
8
1
In Schedule 7 (interpretation), paragraph 1 is amended as follows.
2
Omit the definition of “ Commission Regulation (EC) No. 1084/2003 ” and its meaning.
3
After the definition of “Council Regulation (EEC) No. 2309/93 ”, insert —
“EC Regulation No 1234/2008” means Commission Regulation (EC) No. 1234/2008 concerning the examination of variations to the terms of marketing authorizations for medicinal products for human use and veterinary medicinal products ;
.
4
For the definition of “concerned Member State” substitute —
“concerned Member State” means for the purpose of —
regulation 12 and Part 2 of Schedule 1 (capital fees for Applications for Authorizations, Licences, Registrations and Certificates), an EEA State, the competent authorities of which receive an application to obtain recognition, according to the procedure laid down in Title III, Chapter 4 of the 2001 Directive, of a United Kingdom marketing authorization;
regulation 18A and Part 4 of Schedule 1 (capital fees for applications for variations of authorizations, Licences and Registrations), an EEA State, the competent authority of which has received an application for a variation to the terms of a marketing authorization under the procedure laid down in EC Regulation No 1234/2008 for a medicinal product in respect of which an authorization was granted by that competent authority, other than the reference Member State;
.
5
In the definition of “variation”, in sub-paragraph (a), for “Article 3(1) of Commission Regulation (EC) No. 1084/2003 ” substitute “Article 2(1) of EC Regulation No 1234/2008”.
PART 3 CONSEQUENTIAL AMENDMENTS
The Marketing Authorisations Regulations 1994
9
1
The Marketing Authorisations Regulations 1994 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “Regulation (EC) No 726/2004 ” insert —
“Regulation (EC) No 1234/2008 ” means Commission Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products
; and
in the definition of “the relevant Community provisions” after “Regulation (EC) No 726/2004 ;” insert “Regulation (EC) No 1234/2008 ;
.
3
In Schedule 2 (procedural provisions relating to the grant, renewal, variation, revocation and suspension of United Kingdom marketing authorizations) in paragraph 1 (interpretation) for the definition of “Type II variation application” substitute —
“Type II variation application” means an application for a variation to the terms of a marketing authorisation which falls within the meaning of a major variation of type II in Article 2(3) of Commission Regulation (EC) No 1234/2008
.
4
In Schedule 3 (offences, penalties etc) in paragraph 3A for “1085/2003” substitute “1234/2008”.
PART 4 SAVINGS
Savings
10
1
The Fees Regulations 2009 and the Marketing Authorisations Regulations 1994, as in force before the coming into force of these Regulations, shall continue to apply to valid notifications or applications for variations made immediately before 1st January 2010.
2
The amendments of the Fees Regulations 2009 made by these Regulations shall not affect any proceedings instituted under those Regulations for the recovery of any fees due as debts to the Crown and, for the purposes of those proceedings, the provisions so referred to shall continue to apply as if they had not been amended.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
30th November 2009
Michael McGimpsey
Minister for Health, Social Services and Public Safety
30th November 2009
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
Department of Health
7th December 2009


text:
Title and Commencement
1
These Regulations may be cited as the Feed (Specified Undesirable Substances) (England) Regulations 2009 and come into force on 23rd November 2009.
Amendment of the Feeding Stuffs (England) Regulations 2005
2
After Chapter D of Schedule 5 (prescribed limits for undesirable substances) to the Feeding Stuffs (England) Regulations 2005 , as Chapter E add the entries set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State
Department of Health
21st October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Approval) (Consequential Amendments) Regulations 2009 and come into force on 29th April 2009.
Amendment of Public Passenger Vehicles Act 1981
2
1
Section 6 of the Public Passenger Vehicles Act 1981 (certificate of initial fitness or equivalent required for use as public service vehicles) is amended as provided in paragraphs (2) to (4).
2
In subsection (1) —
a
at the beginning insert “Subject to subsection (1ZA) below,”;
b
for paragraph (c) substitute —
d
one of the following certificates has effect with respect to the vehicle―
i
an EC certificate of conformity;
ii
a national small series certificate of conformity;
iii
an individual approval certificate.
.
3
After subsection (1) insert —
1ZA
In the case of a public service vehicle to which subsection (1ZB) below applies, subsection (1) above has effect as if paragraphs (a) and (b) of that subsection were omitted.
1ZB
This subsection applies to any public service vehicle which, by virtue of regulation 6 of the Approval Regulations , may not —
a
be granted a first licence under section 21 of the Vehicle Excise and Registration Act 1994 , or
b
be registered before the issue of a first licence under that section,
unless one of the certificates mentioned in paragraph (d) of subsection (1) above has effect with respect to the vehicle.
.
4
At the end insert―
3
In this section —
“Approval Regulations” means the Road Vehicles (Approval) Regulations 2009 ;
“EC certificate of conformity”, “national small series certificate of conformity” and “individual approval certificate” have the meaning given by regulation 3(1) of the Approval Regulations.
.
Amendment of Road Traffic Act 1988
3
1
The Road Traffic Act 1988 is amended as provided in paragraphs (2) to (7).
2
In section 64A (failure to hold EC certificate of conformity for unregistered light passenger vehicle or motor cycle) —
a
in subsection (1) —
i
omit “a light passenger vehicle or”, and
ii
in paragraph (a)(ii), for “a member State” substitute “an EEA State”;
b
omit subsection (2);
c
omit subsection (6).
3
The heading to section 64A becomes “Failure to hold EC certificate of conformity for unregistered motor cycle or tractor”.
4
In section 65A (light passenger vehicles and motor cycles not to be sold without EC certificate of conformity) —
a
in subsection (1) —
i
omit “a light passenger vehicle or”, and
ii
in paragraph (a)(ii), for “a member State” substitute “an EEA State”;
b
omit subsection (3);
c
in subsection (3A), omit “to which the motorcycle type approval Directive applies”;
d
in subsection (4) —
i
in paragraph (a), for “a member State” substitute “an EEA State”, and
ii
in paragraph (b)(i), for “member State” substitute “EEA State”;
e
in subsection (5)(e), for “a member State” substitute “an EEA State”;
f
omit subsection (8).
5
In consequence of the amendments made by paragraph (4), the heading to section 65A becomes “Motor cycles not to be sold without EC certificate of conformity”.
6
In section 85(1) (interpretation of Part 2) —
a
for the definition of “EC certificate of conformity” substitute —
“EC certificate of conformity” means —
in the case of a light passenger vehicle, a certificate of conformity issued by a manufacturer under —
regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992 ,
regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998 ,
regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, or
any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval Directive;
in the case of a vehicle to which the motorcycle type approval Directive applies, a certificate of conformity —
issued by a manufacturer under regulation 8(1) of the Motor Cycles Etc (EC Type Approval) Regulations 1999 (whether before, on or after 9th November 2003), or
issued by a manufacturer under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7(1) of the motorcycle type approval Directive or to Article 7(1) of Council Directive 92/61/ EEC of 30th June 1992 relating to the type approval of two- or three-wheeled motor vehicles ;
in the case of a vehicle to which the tractor type approval Directive applies, a certificate of conformity issued by a manufacturer under —
regulation 6 of the Tractor etc (EC Type-Approval) Regulations 2005 , or
any provision of the law of an EEA State other than the United Kingdom giving effect to Article 6(1) of the tractor type approval Directive;
in the case of any other vehicle, a certificate of conformity issued by a manufacturer under —
regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, or
any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive;
;
b
in the definition of “light passenger vehicle” —
i
omit paragraph (b), and
ii
omit the words from “or a vehicle” to the end;
c
after the definition of “prescribed testing authority” insert —
“the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles ,
;
d
after the definition of “tail lamp” insert —
“the tractor type approval Directive” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units ,
.
7
In section 86 (index to Part 2), insert the following entries at the appropriate place —
“Road vehicles type approval Directive Section 85”; “Tractor type approval Directive Section 85”.
Consequential repeals of other legislation
4
Omit the following provisions —
a
in the Road Traffic (Consequential Provisions) Act 1988 , in Schedule 3, paragraph 22;
b
in the Vehicle Excise and Registration Act 1994, in Schedule 3, paragraph 24(3)(b) and (4)(b);
c
in the Fire and Rescue Services Act 2004 , in Schedule 1, paragraph 69.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
30th March 2009
Department for Transport


text:
Citation and Commencement
1
This Order may be cited as the Airport Byelaws (Designation) Order 2009 and shall come into force on 1st November 2009.
Designation
2
Newquay Airport is designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State for Transport
PaulClark
Parliamentary Under Secretary of State
Department for Transport
22nd September 2009


text:
Citation and commencement
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Devolution Alignment) Order 2009 and comes into force on 13th March 2009.
Amendments to the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2008
2
1
The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 is amended as follows.
2
After article 6, insert —
Effect of inclusion in the Northern Ireland children’s barred list
6A
1
This article applies if IBB, in exercise of its functions under the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 , includes a person (X) in the children’s barred list established and maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the Northern Ireland children’s barred list”).
2
Subject to paragraph (4) X must be treated for all purposes as if X —
a
is included in the list maintained under section 1 of the 1999 Act;
b
is subject to a direction under section 142 of the 2002 Act.
3
Accordingly, a reference in any enactment or subordinate legislation to a person included in that list or subject to such a direction includes a reference to a person included in the Northern Ireland children’s barred list.
4
Paragraphs (2) and (3) do not apply for the purposes of —
a
section 1(3) or 4 of the 1999 Act;
b
section 144 of the 2002 Act;
c
article 2 or 3 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008.
.
3
After article 7, insert —
Effect of inclusion in the Northern Ireland adults’ barred list
7A
1
This article applies if IBB, in exercise of its functions under the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009, includes a person (X) in the adults’ barred list established and maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the Northern Ireland adults’ barred list”).
2
Subject to paragraph (4) X must be treated for all purposes as if X is included in the list kept under section 81 of the 2000 Act.
3
Accordingly, a reference in any enactment or subordinate legislation to a person included in that list includes a reference to a person included in the Northern Ireland adults’ barred list.
4
Paragraphs (2) and (3) do not apply for the purposes of —
a
section 81(3) or 86 of the 2000 Act;
b
article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008.
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
11th February 2009


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Marine Works (Environmental Impact Assessment)(Amendment)(England and Wales) Regulations 2009 and come into force on 1st October 2009.
2
These Regulations extend to England and Wales only.
Amendment to the Marine Works (Environmental Impact Assessment) Regulations 2007
2
In regulation 2(1) of the Marine Works (Environmental Impact Assessment) Regulations 2007 —
a
in the definition of “appropriate authority”, for sub-paragraph (b)(iii) substitute “as regards harbour works in Wales relating to fishery harbours or carried out for the purposes of extracting minerals by dredging, the Welsh Ministers; and”; and
b
in the definition of “harbour works”, for the words “in the making” substitute “involving the making”.
Huw Irranca-Davies
10th August 2009
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
We consent
Dave Watts
Steve Mc Cabe
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2009.
2
Subject to paragraph (3) these Regulations shall come into force on 1st April 2010.
3
Regulations 2 and 3 shall come into force on 5th April 2010 in relation to any case where rent is payable at intervals of a week or any multiple of a week.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 102 (method of recovery) —
a
omit paragraph (1A);
b
in paragraph (2) omit “(1A),”;
c
in paragraph (4) after “Schedule 4 (sums to be disregarded in the calculation of earnings)” insert “, or paragraph 10A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,”; and
d
in paragraph (5) omit “, except as made under paragraph (1A),”.
3
After regulation 104 (sums to be deducted in calculating recoverable overpayments) insert —
Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
104A
1
This regulation applies where an overpayment has occurred in the following circumstances —
a
a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);
b
the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home;
c
housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A; and
d
the same relevant authority is responsible for paying the housing benefit in respect of dwelling A and dwelling B.
2
Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.
3
Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.
.
4
In Schedule 4 (sums to be disregarded in the calculation of earnings) —
a
after paragraph 10 insert —
10A
1
Where —
a
the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
paragraph 12 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.
3
Notwithstanding regulation 25 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
; and
b
in paragraph 17(1), for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 27(4) (calculation of claimant’s income and capital in savings credit only cases) in sub-paragraph (d) for “paragraph 9(1)” substitute “paragraph 5A or 9(1)”.
3
In regulation 83 (method of recovery) —
a
omit paragraph (1A);
b
in paragraph (2) omit “(1A),”;
c
in paragraph (4) after “Schedule 4 (sums to be disregarded in the calculation of earnings)” insert “, or paragraph 5A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,”; and
d
in paragraph (5) omit “, except as made under paragraph (1A),”.
4
After regulation 85 (sums to be deducted in calculating recoverable overpayments) insert —
Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
85A
1
This regulation applies where an overpayment has occurred in the following circumstances —
a
a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);
b
the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home;
c
housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A; and
d
the same relevant authority is responsible for paying the housing benefit in respect of dwelling A and dwelling B.
2
Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.
3
Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.
.
5
In Schedule 4 (sums disregarded from claimant’s earnings) after paragraph 5 insert —
5A
1
Where —
a
the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
regulation 26 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.
3
Notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
.
Amendment of the Council Tax Benefit Regulations 2006
4
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In Schedule 3 (sums to be disregarded in the calculation of earnings) —
a
after paragraph 10 insert —
10A
1
Where —
a
the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
paragraph 12 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.
3
Notwithstanding regulation 15 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
; and
b
in paragraph 16(1), for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 1996 are amended as follows.
2
In regulation 17(4) (calculation of claimant’s income in savings credit only cases) after sub-paragraph (g) add —
h
any amount to be disregarded by virtue of paragraph 5A of Schedule 2.
.
3
In Schedule 2 (sums disregarded from claimant’s earnings) after paragraph 5 add —
5A
1
Where —
a
the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
regulation 16 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.
3
Notwithstanding regulation 13 (calculation of income and capital of members claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is —
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 .
6
“Exempt work” means work of the kind described in —
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995 ,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
; and
4
In Schedule 4 (capital disregards) paragraph 26B as inserted by the Social Security (Deferral of Retirement Pensions, Shared Additional Pension and Graduated Retirement Benefit) (Miscellaneous Provisions) Regulations 2005 is renumbered 26C.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State,
Department for Work and Pensions
25 September 2009